Section 27 Orders and Decisions of the Public Service Commission

• Library: Administrative Law 2011

Initially, it is necessary to discuss the orders and decisions issued by the PSC. The PSC Law (Public Service Commission Law), Chapters 386, 392, and 393, RSMo (see §9.2, supra), contains little reference to the type of orders or decisions rendered by the PSC. Section 386.420.2, RSMo 2000, in part, provides: “Whenever an investigation shall be made by the commission, it shall be its duty, [sic] to make a report in writing
in respect thereto, which shall state the conclusions of the commission, together with its decision, order or requirement in the premises.” Therefore, cases that have gone to a hearing typically bear the designation of a “Report and Order.”

In § 392.270.2, RSMo 2000 (telecommunications companies), and § 393.230.2, RSMo 2000 (gas, electric, water, heating, and sewer companies), which authorize the PSC to ascertain the value of property of these public utilities, the PSC is required to make “findings of fact.” Other sections of the PSC Law require the PSC to issue:

general or special orders, rules, or regulations, § 386.310, RSMo 2000;

certificates of service authority, § 392.410, RSMo Supp. 2010; or

certificates of public convenience and necessity, § 393.170, RSMo 2000.

But none of these sections specifically prescribes any standards or style for these orders or decisions or what must be included.

Section 536.090, RSMo 2000, sets forth requirements for decisions or orders of an administrative agency. They must...