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...
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- Section 1 Introduction: Public Service Commission— Its Jurisdiction
- Section 2 Sources of Information as to Practice and Procedure Before the Public Service Commission
- Section 3 Proceedings Before the Public Service Commission
- Section 4 Applications
- Section 5 Complaints
- Section 6 Institution of Proceedings by the Public Service Commission
- Section 7 Filing of a Tariff
- Section 8 Electronic Filing and Information System
- Section 9 Notice
- Section 10 Generally
- Section 11 Intervention
- Section 12 Public Service Commission Staff
- Section 13 Office of the Public Counsel
- Section 14 Discovery
- Section 15 Prehearing Conferences
- Section 16 Subpoenas and Subpoenas Duces Tecum
- Section 17 Enforcement of Discovery
- Section 18 Presiding Officer
- Section 19 Evidence
- Section 20 Local Public Hearings
- Section 21 Settlement of Cases
- Section 22 Summary Disposition
- Section 23 Briefs and Oral Argument
- Section 24 Orders and Decisions
- Section 25 Conclusion as to Practice and Procedure
- Section 26 Introduction
- Section 27 Orders and Decisions of the Public Service Commission
- Section 28 Review of Orders of Rulemaking
- Section 29 Perfection of Appeal Before the Public Service Commission
- Section 30 Rehearing Granted
- Section 31 Perfection of Judicial Review Before the Circuit Court
- Section 32 Scope of Review of Public Service Commission’s Orders and Decisions
- Section 33 Review by Application for a Writ of Certiorari or Review
- Section 34 Perfection of Appeal From the Circuit Court’s Decision
- Section 35 Scope of Review by the Court of Appeals
- Section 36 Effect of Public Service Commission’s Order or Decision Pending Appeal
- Section 37 Conclusion as to Appeals
- Section 38 Additional Sources
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