Section 36 Effect of Public Service Commission’s Order or Decision Pending Appeal

• Library: Administrative Law 2011

Section 386.500.3, RSMo 2000, specifically provides that the parties are not excused from complying with an order or decision of the PSC by the mere filing of an application for rehearing. But parties are not required to obey an order or decision of the PSC pending PSC determination of an application for a rehearing if the order or decision is not effective. Once the order or decision becomes effective, the parties must comply pending PSC consideration of the application for a rehearing unless compliance is stayed by the PSC.

Pending appeal, the parties must comply with the order or decision unless stayed by the PSC or unless the circuit court grants a stay or suspension in whole or in part as provided in § 386.520, RSMo 2000. The stay or suspension may be granted within the discretion of the circuit court only after hearing, with three days’ notice to the PSC. The petitioner must submit both specific evidence of great or irreparable damage and a suspension bond:

...