General powers of commission in respect to gas, water, electricityand sewer services.
393.140. The commission shall:
(1) Have general supervision of all gas corporations,electrical corporations, water corporations and sewercorporations having authority under any special or general law orunder any charter or franchise to lay down, erect or maintainwires, pipes, conduits, ducts or other fixtures in, over or underthe streets, highways and public places of any municipality, forthe purpose of furnishing or distributing water or gas or offurnishing or transmitting electricity for light, heat or power,or maintaining underground conduits or ducts for electricalconductors, or for the purpose of collecting, carrying, treating,or disposing of sewage, and all gas plants, electric plants,water systems and sewer systems owned, leased or operated by anygas corporation, electrical corporation, water corporation, orsewer corporation.
(2) Investigate and ascertain, from time to time, thequality of gas or water supplied and sewer service furnished bypersons and corporations, examine or investigate the methodsemployed by such persons and corporations in manufacturing,distributing and supplying gas or electricity for light, heat orpower and in transmitting the same, and in supplying anddistributing water for any purpose whatsoever, and in furnishinga sewer system, and have power to order such reasonableimprovements as will best promote the public interest, preservethe public health and protect those using such gas, electricity,water, or sewer system, and those employed in the manufacture anddistribution thereof, and have power to order reasonableimprovements and extensions of the works, wires, poles, pipes,lines, conduits, ducts and other reasonable devices, apparatusand property of gas corporations, electrical corporations, watercorporations, and sewer corporations.
(3) Have power, by order, to fix from time to time standardsfor the measurement of the purity or illuminating power of gas tobe manufactured, distributed or sold by persons or corporationsfor lighting, heating or power purposes, to prescribe from timeto time the efficiency of the electric supply system, of thecurrent supplied and of the lamps furnished by the persons orcorporations generating and selling electric current, and to fixfrom time to time standards for the measurement of the purity orpressure of water to be distributed or sold by persons orcorporations for any purpose whatsoever, and to fix from time totime the standards for designing, constructing, operating andmaintaining sewer systems of sewer corporations, includingsewers, sewage pumping stations, sewage treatment works, primarytreatment facilities, sludge digestion and disposal facilities,secondary treatment facilities, disinfection facilities, and anyand all facilities related thereto; provided, however, that suchstandards shall be supplemental to and in no way set standardslesser than the minimum standards adopted by the state waterpollution board, and by order to require gas so manufactured,distributed or sold to equal the standards so fixed by it, and toprescribe from time to time the reasonable minimum and maximumpressure at which gas shall be delivered by said persons orcorporations. For the purpose of determining whether the gasmanufactured, distributed or sold by such persons or corporationsfor lighting, heating or power purposes conforms to the standardsof illuminating power, purity and pressure, and for the purposeof determining whether the efficiency of the electric supplysystem, of the current supplied and of the lamps furnished, andfor the purpose of determining whether the water furnished orsold conforms to the standard of purity and pressure, and for thepurpose of determining whether the sewer system conforms to thestandards for designing, constructing, operating and maintainingsewer systems, and conforms to the orders issued by thecommission, the commission shall have power, of its own motion,to examine and investigate the plants and methods employed inmanufacturing, delivering and supplying gas, electricity orwater, and the collecting, carrying, treating and disposing ofsewage, and shall have access, through its members or personsemployed and authorized by it, to make such examinations andinvestigations to all parts of the manufacturing plants owned,used or operated for the manufacture, transmission ordistribution of gas or electricity by any such person orcorporation, and to all parts of the systems owned, used oroperated for the supplying and distribution of water and thecollecting, carrying, treating and disposing of sewage by anysuch person or corporation. Any employee or agent of thecommission who divulges any fact or information which may come tohis knowledge during the course of any such inspection orexamination, except insofar as he may be directed by thecommission, or by a court or judge thereof, or authorized by law,shall be guilty of a misdemeanor.
(4) Have power, in its discretion, to prescribe uniformmethods of keeping accounts, records and books, to be observed bygas corporations, electrical corporations, water corporations andsewer corporations engaged in the manufacture, sale ordistribution of gas and electricity for light, heat or power, orin the distribution and sale of water for any purpose whatsoever,or in the collection, carriage, treatment and disposal of sewagefor municipal, domestic or other necessary beneficial purpose.It may also, in its discretion, prescribe, by order, forms ofaccounts, records and memoranda to be kept by such persons andcorporations. Notice of alterations by the commission in therequired method or form of keeping a system of accounts shall begiven to such persons or corporations by the commission at leastsix months before the same shall take effect. Any other andadditional forms of accounts, records and memoranda kept by suchcorporation shall be subject to examination by the commission.
(5) Examine all persons and corporations under itssupervision and keep informed as to the methods, practices,regulations and property employed by them in the transaction oftheir business. Whenever the commission shall be of the opinion,after a hearing had upon its own motion or upon complaint, thatthe rates or charges or the acts or regulations of any suchpersons or corporations are unjust, unreasonable, unjustlydiscriminatory or unduly preferential or in any wise in violationof any provision of law, the commission shall determine andprescribe the just and reasonable rates and charges thereafter tobe in force for the service to be furnished, notwithstanding thata higher rate or charge has heretofore been authorized bystatute, and the just and reasonable acts and regulations to bedone and observed; and whenever the commission shall be of theopinion, after a hearing had upon its own motion or uponcomplaints, that the property, equipment or appliances of anysuch person or corporation are unsafe, insufficient orinadequate, the commission shall determine and prescribe thesafe, efficient and adequate property, equipment and appliancesthereafter to be used, maintained and operated for the securityand accommodation of the public and in compliance with theprovisions of law and of their franchises and charters.
(6) Require every person and corporation under itssupervision and it shall be the duty of every person andcorporation to file with the commission an annual report,verified by the oath of the president, treasurer, general manageror receiver, if any, thereof. The verification shall be made bysaid official holding office at the time of the filing of saidreport, and if not made upon the knowledge of the personverifying the same, shall set forth the sources of hisinformation and the grounds of his belief as to any matters notstated to be verified upon his knowledge. The report shall showin detail the amount of its authorized capital stock and theamount thereof issued and outstanding; the amount of itsauthorized bonded indebtedness and the amount of its bonds andother forms of evidence of indebtedness issued and outstanding;its receipts and expenditures during the preceding year; theamount paid as dividends upon its stock and as interest upon itsbonds; the names of its officers and the aggregate amount paid assalaries to them and the amount paid as wages to its employees;the location of its plant or plants and system, with a fulldescription of its property and franchises, stating in detail howeach franchise stated to be owned was acquired; and such otherfacts pertaining to the operation and maintenance of the plantand system, and the affairs of such person or corporation as maybe required by the commission. Such reports shall be in theform, cover the period and be filed at the time prescribed by thecommission. The commission may, from time to time, make changesand additions in such forms. When any such report is defectiveor believed to be erroneous, the commission shall notify theperson or corporation making such report to amend the same withina time prescribed by the commission. Any such person orcorporation which shall neglect to make any such report or whichshall fail to correct any such report within the time prescribedby the commission shall be liable to a penalty of one hundreddollars and an additional penalty of one hundred dollars for eachday after the prescribed time for which it shall neglect to fileor correct the same, to be sued for in the name of the state ofMissouri. The amount recovered in any such action shall be paidto the public school fund of the state. The commission mayextend the time prescribed for cause shown.
(7) Have power, either through its members or inspectors oremployees duly authorized by it, to enter in or upon and toinspect the property, buildings, plants, factories, powerhouses,ducts, conduits and offices of any such corporations or persons.
(8) Have power to examine the accounts, books, contracts,records, documents and papers of any such corporation or person,and have power, after hearing, to prescribe by order the accountsin which particular outlays and receipts shall be entered,charged or credited.
(9) Have power to compel, by subpoena duces tecum, theproduction of any accounts, books, contracts, records, documents,memoranda and papers. In lieu of requiring production oforiginals by subpoena duces tecum the commission or anycommissioner may require sworn copies of any such books, records,contracts, documents and papers, or parts thereof, to be filedwith it. The commission may require of all such corporations orpersons specific answers to questions upon which the commissionmay need information, and may also require such corporations orpersons to file periodic reports in the form, covering the periodand filed at the time prescribed by the commission. If suchcorporation or person shall fail to make specific answer to anyquestion or shall fail to make a periodic report when required bythe commission as herein provided within the time and in the formprescribed by the commission for the making and filing of anysuch report or answer, such corporation or person shall forfeitto the state the sum of one hundred dollars for each and everyday it shall continue to be in default with respect to suchreport or answer. Such forfeiture shall be recovered in anaction brought by the commission in the name of the state ofMissouri. The amount recovered in any such action shall be paidto the public school fund of the state.
(10) Have power in all parts of the state, either as acommission or through its members, to subpoena witnesses, taketestimony and administer oaths to witnesses in any proceeding orexamination instituted before it, or conducted by it, inreference to any matter under sections 393.110 to 393.285.
(11) Have power to require every gas corporation, electricalcorporation, water corporation, and sewer corporation to filewith the commission and to print and keep open to publicinspection schedules showing all rates and charges made,established or enforced or to be charged or enforced, all formsof contract or agreement and all rules and regulations relatingto rates, charges or service used or to be used, and all generalprivileges and facilities granted or allowed by such gascorporation, electrical corporation, water corporation, or sewercorporation; but this subdivision shall not apply to state,municipal or federal contracts. Unless the commission otherwiseorders, no change shall be made in any rate or charge, or in anyform of contract or agreement, or any rule or regulation relatingto any rate, charge or service, or in any general privilege orfacility, which shall have been filed and published by a gascorporation, electrical corporation, water corporation, or sewercorporation in compliance with an order or decision of thecommission, except after thirty days' notice to the commissionand publication for thirty days as required by order of thecommission, which shall plainly state the changes proposed to bemade in the schedule then in force and the time when the changewill go into effect. The commission for good cause shown mayallow changes without requiring the thirty days' notice undersuch conditions as it may prescribe. No corporation shallcharge, demand, collect or receive a greater or less or differentcompensation for any service rendered or to be rendered than therates and charges applicable to such services as specified in itsschedule filed and in effect at the time; nor shall anycorporation refund or remit in any manner or by any device anyportion of the rates or charges so specified, nor to extend toany person or corporation any form of contract or agreement, orany rule or regulation, or any privilege or facility, except suchas are regularly and uniformly extended to all persons andcorporations under like circumstances. The commission shall havepower to prescribe the form of every such schedule, and from timeto time prescribe by order such changes in the form thereof asmay be deemed wise. The commission shall also have power toestablish such rules and regulations, to carry into effect theprovisions of this subdivision, as it may deem necessary, and tomodify and amend such rules or regulations from time to time.
(12) In case any electrical corporation, gas corporation,water corporation or sewer corporation engaged in carrying on anyother business than owning, operating or managing a gas plant,electric plant, water system or sewer system which other businessis not otherwise subject to the jurisdiction of the commission,and is so conducted that its operations are to be substantiallykept separate and apart from the owning, operating, managing orcontrolling of such gas plant, electric plant, water system orsewer system, said corporation in respect to such other businessshall not be subject to any of the provisions of this chapter andshall not be required to procure the consent or authorization ofthe commission to any act in such other business or to make anyreport in respect thereof. But this subdivision shall notrestrict or limit the powers of the commission in respect to theowning, operating, managing or controlling by such corporation ofsuch gas plant, electric plant, water system or sewer system, andsaid powers shall include also the right to inquire as to, andprescribe the apportionment of, capitalization, earnings, debtsand expenses fairly and justly to be awarded to or borne by theownership, operation, management or control of such gas plant,electric plant, water system or sewer system as distinguishedfrom such other business. In any such case if the owning,operating, managing or controlling of such gas plant, electricplant, water system or sewer system by any such corporation iswholly subsidiary and incidental to the other business carried onby it and is inconsiderable in amount and not general in itscharacter, the commission may by general rules exempt suchcorporation from making full reports and from the keeping ofaccounts as to such subsidiary and incidental business.
(RSMo 1939 § 5646, A. 1949 H.B. 2165, A.L. 1967 p. 578)
Prior revisions: 1929 § 5190; 1919 § 10478
(1957) Action against electric power company for refund of moneys paid under written contract involving question of whether plaintiff had fully performed its part of contract held within jurisdiction of circuit court. Katz Drug Co. v. K.C. Power & Light Co. (A.), 303 S.W.2d 672.
(1976) Rate increases are properly sought by utilities under the "file and suspend" method and this is true whether or not current rates had been set by the "file" method or fixed by order of the commission after a hearing. State ex rel. Jackson County v. Public Service Commission (Mo.), 532 S.W.2d 20.
(2000) Tariff limiting nonresidential customer refunds to sixty prior billing periods did not violate statute governing refunds of excess charges, as statute authorized Public Service Commission to establish rules and regulations to carry out this provision. A.C. Jacobs & Co., Inc., v. Union Electric Co., 17 S.W.3d 579 (Mo.App.W.D.).
General powers of commission in respect to gas, water, electricityand sewer services.
393.140. The commission shall:
(1) Have general supervision of all gas corporations,electrical corporations, water corporations and sewercorporations having authority under any special or general law orunder any charter or franchise to lay down, erect or maintainwires, pipes, conduits, ducts or other fixtures in, over or underthe streets, highways and public places of any municipality, forthe purpose of furnishing or distributing water or gas or offurnishing or transmitting electricity for light, heat or power,or maintaining underground conduits or ducts for electricalconductors, or for the purpose of collecting, carrying, treating,or disposing of sewage, and all gas plants, electric plants,water systems and sewer systems owned, leased or operated by anygas corporation, electrical corporation, water corporation, orsewer corporation.
(2) Investigate and ascertain, from time to time, thequality of gas or water supplied and sewer service furnished bypersons and corporations, examine or investigate the methodsemployed by such persons and corporations in manufacturing,distributing and supplying gas or electricity for light, heat orpower and in transmitting the same, and in supplying anddistributing water for any purpose whatsoever, and in furnishinga sewer system, and have power to order such reasonableimprovements as will best promote the public interest, preservethe public health and protect those using such gas, electricity,water, or sewer system, and those employed in the manufacture anddistribution thereof, and have power to order reasonableimprovements and extensions of the works, wires, poles, pipes,lines, conduits, ducts and other reasonable devices, apparatusand property of gas corporations, electrical corporations, watercorporations, and sewer corporations.
(3) Have power, by order, to fix from time to time standardsfor the measurement of the purity or illuminating power of gas tobe manufactured, distributed or sold by persons or corporationsfor lighting, heating or power purposes, to prescribe from timeto time the efficiency of the electric supply system, of thecurrent supplied and of the lamps furnished by the persons orcorporations generating and selling electric current, and to fixfrom time to time standards for the measurement of the purity orpressure of water to be distributed or sold by persons orcorporations for any purpose whatsoever, and to fix from time totime the standards for designing, constructing, operating andmaintaining sewer systems of sewer corporations, includingsewers, sewage pumping stations, sewage treatment works, primarytreatment facilities, sludge digestion and disposal facilities,secondary treatment facilities, disinfection facilities, and anyand all facilities related thereto; provided, however, that suchstandards shall be supplemental to and in no way set standardslesser than the minimum standards adopted by the state waterpollution board, and by order to require gas so manufactured,distributed or sold to equal the standards so fixed by it, and toprescribe from time to time the reasonable minimum and maximumpressure at which gas shall be delivered by said persons orcorporations. For the purpose of determining whether the gasmanufactured, distributed or sold by such persons or corporationsfor lighting, heating or power purposes conforms to the standardsof illuminating power, purity and pressure, and for the purposeof determining whether the efficiency of the electric supplysystem, of the current supplied and of the lamps furnished, andfor the purpose of determining whether the water furnished orsold conforms to the standard of purity and pressure, and for thepurpose of determining whether the sewer system conforms to thestandards for designing, constructing, operating and maintainingsewer systems, and conforms to the orders issued by thecommission, the commission shall have power, of its own motion,to examine and investigate the plants and methods employed inmanufacturing, delivering and supplying gas, electricity orwater, and the collecting, carrying, treating and disposing ofsewage, and shall have access, through its members or personsemployed and authorized by it, to make such examinations andinvestigations to all parts of the manufacturing plants owned,used or operated for the manufacture, transmission ordistribution of gas or electricity by any such person orcorporation, and to all parts of the systems owned, used oroperated for the supplying and distribution of water and thecollecting, carrying, treating and disposing of sewage by anysuch person or corporation. Any employee or agent of thecommission who divulges any fact or information which may come tohis knowledge during the course of any such inspection orexamination, except insofar as he may be directed by thecommission, or by a court or judge thereof, or authorized by law,shall be guilty of a misdemeanor.
(4) Have power, in its discretion, to prescribe uniformmethods of keeping accounts, records and books, to be observed bygas corporations, electrical corporations, water corporations andsewer corporations engaged in the manufacture, sale ordistribution of gas and electricity for light, heat or power, orin the distribution and sale of water for any purpose whatsoever,or in the collection, carriage, treatment and disposal of sewagefor municipal, domestic or other necessary beneficial purpose.It may also, in its discretion, prescribe, by order, forms ofaccounts, records and memoranda to be kept by such persons andcorporations. Notice of alterations by the commission in therequired method or form of keeping a system of accounts shall begiven to such persons or corporations by the commission at leastsix months before the same shall take effect. Any other andadditional forms of accounts, records and memoranda kept by suchcorporation shall be subject to examination by the commission.
(5) Examine all persons and corporations under itssupervision and keep informed as to the methods, practices,regulations and property employed by them in the transaction oftheir business. Whenever the commission shall be of the opinion,after a hearing had upon its own motion or upon complaint, thatthe rates or charges or the acts or regulations of any suchpersons or corporations are unjust, unreasonable, unjustlydiscriminatory or unduly preferential or in any wise in violationof any provision of law, the commission shall determine andprescribe the just and reasonable rates and charges thereafter tobe in force for the service to be furnished, notwithstanding thata higher rate or charge has heretofore been authorized bystatute, and the just and reasonable acts and regulations to bedone and observed; and whenever the commission shall be of theopinion, after a hearing had upon its own motion or uponcomplaints, that the property, equipment or appliances of anysuch person or corporation are unsafe, insufficient orinadequate, the commission shall determine and prescribe thesafe, efficient and adequate property, equipment and appliancesthereafter to be used, maintained and operated for the securityand accommodation of the public and in compliance with theprovisions of law and of their franchises and charters.
(6) Require every person and corporation under itssupervision and it shall be the duty of every person andcorporation to file with the commission an annual report,verified by the oath of the president, treasurer, general manageror receiver, if any, thereof. The verification shall be made bysaid official holding office at the time of the filing of saidreport, and if not made upon the knowledge of the personverifying the same, shall set forth the sources of hisinformation and the grounds of his belief as to any matters notstated to be verified upon his knowledge. The report shall showin detail the amount of its authorized capital stock and theamount thereof issued and outstanding; the amount of itsauthorized bonded indebtedness and the amount of its bonds andother forms of evidence of indebtedness issued and outstanding;its receipts and expenditures during the preceding year; theamount paid as dividends upon its stock and as interest upon itsbonds; the names of its officers and the aggregate amount paid assalaries to them and the amount paid as wages to its employees;the location of its plant or plants and system, with a fulldescription of its property and franchises, stating in detail howeach franchise stated to be owned was acquired; and such otherfacts pertaining to the operation and maintenance of the plantand system, and the affairs of such person or corporation as maybe required by the commission. Such reports shall be in theform, cover the period and be filed at the time prescribed by thecommission. The commission may, from time to time, make changesand additions in such forms. When any such report is defectiveor believed to be erroneous, the commission shall notify theperson or corporation making such report to amend the same withina time prescribed by the commission. Any such person orcorporation which shall neglect to make any such report or whichshall fail to correct any such report within the time prescribedby the commission shall be liable to a penalty of one hundreddollars and an additional penalty of one hundred dollars for eachday after the prescribed time for which it shall neglect to fileor correct the same, to be sued for in the name of the state ofMissouri. The amount recovered in any such action shall be paidto the public school fund of the state. The commission mayextend the time prescribed for cause shown.
(7) Have power, either through its members or inspectors oremployees duly authorized by it, to enter in or upon and toinspect the property, buildings, plants, factories, powerhouses,ducts, conduits and offices of any such corporations or persons.
(8) Have power to examine the accounts, books, contracts,records, documents and papers of any such corporation or person,and have power, after hearing, to prescribe by order the accountsin which particular outlays and receipts shall be entered,charged or credited.
(9) Have power to compel, by subpoena duces tecum, theproduction of any accounts, books, contracts, records, documents,memoranda and papers. In lieu of requiring production oforiginals by subpoena duces tecum the commission or anycommissioner may require sworn copies of any such books, records,contracts, documents and papers, or parts thereof, to be filedwith it. The commission may require of all such corporations orpersons specific answers to questions upon which the commissionmay need information, and may also require such corporations orpersons to file periodic reports in the form, covering the periodand filed at the time prescribed by the commission. If suchcorporation or person shall fail to make specific answer to anyquestion or shall fail to make a periodic report when required bythe commission as herein provided within the time and in the formprescribed by the commission for the making and filing of anysuch report or answer, such corporation or person shall forfeitto the state the sum of one hundred dollars for each and everyday it shall continue to be in default with respect to suchreport or answer. Such forfeiture shall be recovered in anaction brought by the commission in the name of the state ofMissouri. The amount recovered in any such action shall be paidto the public school fund of the state.
(10) Have power in all parts of the state, either as acommission or through its members, to subpoena witnesses, taketestimony and administer oaths to witnesses in any proceeding orexamination instituted before it, or conducted by it, inreference to any matter under sections 393.110 to 393.285.
(11) Have power to require every gas corporation, electricalcorporation, water corporation, and sewer corporation to filewith the commission and to print and keep open to publicinspection schedules showing all rates and charges made,established or enforced or to be charged or enforced, all formsof contract or agreement and all rules and regulations relatingto rates, charges or service used or to be used, and all generalprivileges and facilities granted or allowed by such gascorporation, electrical corporation, water corporation, or sewercorporation; but this subdivision shall not apply to state,municipal or federal contracts. Unless the commission otherwiseorders, no change shall be made in any rate or charge, or in anyform of contract or agreement, or any rule or regulation relatingto any rate, charge or service, or in any general privilege orfacility, which shall have been filed and published by a gascorporation, electrical corporation, water corporation, or sewercorporation in compliance with an order or decision of thecommission, except after thirty days' notice to the commissionand publication for thirty days as required by order of thecommission, which shall plainly state the changes proposed to bemade in the schedule then in force and the time when the changewill go into effect. The commission for good cause shown mayallow changes without requiring the thirty days' notice undersuch conditions as it may prescribe. No corporation shallcharge, demand, collect or receive a greater or less or differentcompensation for any service rendered or to be rendered than therates and charges applicable to such services as specified in itsschedule filed and in effect at the time; nor shall anycorporation refund or remit in any manner or by any device anyportion of the rates or charges so specified, nor to extend toany person or corporation any form of contract or agreement, orany rule or regulation, or any privilege or facility, except suchas are regularly and uniformly extended to all persons andcorporations under like circumstances. The commission shall havepower to prescribe the form of every such schedule, and from timeto time prescribe by order such changes in the form thereof asmay be deemed wise. The commission shall also have power toestablish such rules and regulations, to carry into effect theprovisions of this subdivision, as it may deem necessary, and tomodify and amend such rules or regulations from time to time.
(12) In case any electrical corporation, gas corporation,water corporation or sewer corporation engaged in carrying on anyother business than owning, operating or managing a gas plant,electric plant, water system or sewer system which other businessis not otherwise subject to the jurisdiction of the commission,and is so conducted that its operations are to be substantiallykept separate and apart from the owning, operating, managing orcontrolling of such gas plant, electric plant, water system orsewer system, said corporation in respect to such other businessshall not be subject to any of the provisions of this chapter andshall not be required to procure the consent or authorization ofthe commission to any act in such other business or to make anyreport in respect thereof. But this subdivision shall notrestrict or limit the powers of the commission in respect to theowning, operating, managing or controlling by such corporation ofsuch gas plant, electric plant, water system or sewer system, andsaid powers shall include also the right to inquire as to, andprescribe the apportionment of, capitalization, earnings, debtsand expenses fairly and justly to be awarded to or borne by theownership, operation, management or control of such gas plant,electric plant, water system or sewer system as distinguishedfrom such other business. In any such case if the owning,operating, managing or controlling of such gas plant, electricplant, water system or sewer system by any such corporation iswholly subsidiary and incidental to the other business carried onby it and is inconsiderable in amount and not general in itscharacter, the commission may by general rules exempt suchcorporation from making full reports and from the keeping ofaccounts as to such subsidiary and incidental business.
(RSMo 1939 § 5646, A. 1949 H.B. 2165, A.L. 1967 p. 578)
Prior revisions: 1929 § 5190; 1919 § 10478
(1957) Action against electric power company for refund of moneys paid under written contract involving question of whether plaintiff had fully performed its part of contract held within jurisdiction of circuit court. Katz Drug Co. v. K.C. Power & Light Co. (A.), 303 S.W.2d 672.
(1976) Rate increases are properly sought by utilities under the "file and suspend" method and this is true whether or not current rates had been set by the "file" method or fixed by order of the commission after a hearing. State ex rel. Jackson County v. Public Service Commission (Mo.), 532 S.W.2d 20.
(2000) Tariff limiting nonresidential customer refunds to sixty prior billing periods did not violate statute governing refunds of excess charges, as statute authorized Public Service Commission to establish rules and regulations to carry out this provision. A.C. Jacobs & Co., Inc., v. Union Electric Co., 17 S.W.3d 579 (Mo.App.W.D.).
General powers of commission in respect to gas, water, electricityand sewer services.
393.140. The commission shall:
(1) Have general supervision of all gas corporations,electrical corporations, water corporations and sewercorporations having authority under any special or general law orunder any charter or franchise to lay down, erect or maintainwires, pipes, conduits, ducts or other fixtures in, over or underthe streets, highways and public places of any municipality, forthe purpose of furnishing or distributing water or gas or offurnishing or transmitting electricity for light, heat or power,or maintaining underground conduits or ducts for electricalconductors, or for the purpose of collecting, carrying, treating,or disposing of sewage, and all gas plants, electric plants,water systems and sewer systems owned, leased or operated by anygas corporation, electrical corporation, water corporation, orsewer corporation.
(2) Investigate and ascertain, from time to time, thequality of gas or water supplied and sewer service furnished bypersons and corporations, examine or investigate the methodsemployed by such persons and corporations in manufacturing,distributing and supplying gas or electricity for light, heat orpower and in transmitting the same, and in supplying anddistributing water for any purpose whatsoever, and in furnishinga sewer system, and have power to order such reasonableimprovements as will best promote the public interest, preservethe public health and protect those using such gas, electricity,water, or sewer system, and those employed in the manufacture anddistribution thereof, and have power to order reasonableimprovements and extensions of the works, wires, poles, pipes,lines, conduits, ducts and other reasonable devices, apparatusand property of gas corporations, electrical corporations, watercorporations, and sewer corporations.
(3) Have power, by order, to fix from time to time standardsfor the measurement of the purity or illuminating power of gas tobe manufactured, distributed or sold by persons or corporationsfor lighting, heating or power purposes, to prescribe from timeto time the efficiency of the electric supply system, of thecurrent supplied and of the lamps furnished by the persons orcorporations generating and selling electric current, and to fixfrom time to time standards for the measurement of the purity orpressure of water to be distributed or sold by persons orcorporations for any purpose whatsoever, and to fix from time totime the standards for designing, constructing, operating andmaintaining sewer systems of sewer corporations, includingsewers, sewage pumping stations, sewage treatment works, primarytreatment facilities, sludge digestion and disposal facilities,secondary treatment facilities, disinfection facilities, and anyand all facilities related thereto; provided, however, that suchstandards shall be supplemental to and in no way set standardslesser than the minimum standards adopted by the state waterpollution board, and by order to require gas so manufactured,distributed or sold to equal the standards so fixed by it, and toprescribe from time to time the reasonable minimum and maximumpressure at which gas shall be delivered by said persons orcorporations. For the purpose of determining whether the gasmanufactured, distributed or sold by such persons or corporationsfor lighting, heating or power purposes conforms to the standardsof illuminating power, purity and pressure, and for the purposeof determining whether the efficiency of the electric supplysystem, of the current supplied and of the lamps furnished, andfor the purpose of determining whether the water furnished orsold conforms to the standard of purity and pressure, and for thepurpose of determining whether the sewer system conforms to thestandards for designing, constructing, operating and maintainingsewer systems, and conforms to the orders issued by thecommission, the commission shall have power, of its own motion,to examine and investigate the plants and methods employed inmanufacturing, delivering and supplying gas, electricity orwater, and the collecting, carrying, treating and disposing ofsewage, and shall have access, through its members or personsemployed and authorized by it, to make such examinations andinvestigations to all parts of the manufacturing plants owned,used or operated for the manufacture, transmission ordistribution of gas or electricity by any such person orcorporation, and to all parts of the systems owned, used oroperated for the supplying and distribution of water and thecollecting, carrying, treating and disposing of sewage by anysuch person or corporation. Any employee or agent of thecommission who divulges any fact or information which may come tohis knowledge during the course of any such inspection orexamination, except insofar as he may be directed by thecommission, or by a court or judge thereof, or authorized by law,shall be guilty of a misdemeanor.
(4) Have power, in its discretion, to prescribe uniformmethods of keeping accounts, records and books, to be observed bygas corporations, electrical corporations, water corporations andsewer corporations engaged in the manufacture, sale ordistribution of gas and electricity for light, heat or power, orin the distribution and sale of water for any purpose whatsoever,or in the collection, carriage, treatment and disposal of sewagefor municipal, domestic or other necessary beneficial purpose.It may also, in its discretion, prescribe, by order, forms ofaccounts, records and memoranda to be kept by such persons andcorporations. Notice of alterations by the commission in therequired method or form of keeping a system of accounts shall begiven to such persons or corporations by the commission at leastsix months before the same shall take effect. Any other andadditional forms of accounts, records and memoranda kept by suchcorporation shall be subject to examination by the commission.
(5) Examine all persons and corporations under itssupervision and keep informed as to the methods, practices,regulations and property employed by them in the transaction oftheir business. Whenever the commission shall be of the opinion,after a hearing had upon its own motion or upon complaint, thatthe rates or charges or the acts or regulations of any suchpersons or corporations are unjust, unreasonable, unjustlydiscriminatory or unduly preferential or in any wise in violationof any provision of law, the commission shall determine andprescribe the just and reasonable rates and charges thereafter tobe in force for the service to be furnished, notwithstanding thata higher rate or charge has heretofore been authorized bystatute, and the just and reasonable acts and regulations to bedone and observed; and whenever the commission shall be of theopinion, after a hearing had upon its own motion or uponcomplaints, that the property, equipment or appliances of anysuch person or corporation are unsafe, insufficient orinadequate, the commission shall determine and prescribe thesafe, efficient and adequate property, equipment and appliancesthereafter to be used, maintained and operated for the securityand accommodation of the public and in compliance with theprovisions of law and of their franchises and charters.
(6) Require every person and corporation under itssupervision and it shall be the duty of every person andcorporation to file with the commission an annual report,verified by the oath of the president, treasurer, general manageror receiver, if any, thereof. The verification shall be made bysaid official holding office at the time of the filing of saidreport, and if not made upon the knowledge of the personverifying the same, shall set forth the sources of hisinformation and the grounds of his belief as to any matters notstated to be verified upon his knowledge. The report shall showin detail the amount of its authorized capital stock and theamount thereof issued and outstanding; the amount of itsauthorized bonded indebtedness and the amount of its bonds andother forms of evidence of indebtedness issued and outstanding;its receipts and expenditures during the preceding year; theamount paid as dividends upon its stock and as interest upon itsbonds; the names of its officers and the aggregate amount paid assalaries to them and the amount paid as wages to its employees;the location of its plant or plants and system, with a fulldescription of its property and franchises, stating in detail howeach franchise stated to be owned was acquired; and such otherfacts pertaining to the operation and maintenance of the plantand system, and the affairs of such person or corporation as maybe required by the commission. Such reports shall be in theform, cover the period and be filed at the time prescribed by thecommission. The commission may, from time to time, make changesand additions in such forms. When any such report is defectiveor believed to be erroneous, the commission shall notify theperson or corporation making such report to amend the same withina time prescribed by the commission. Any such person orcorporation which shall neglect to make any such report or whichshall fail to correct any such report within the time prescribedby the commission shall be liable to a penalty of one hundreddollars and an additional penalty of one hundred dollars for eachday after the prescribed time for which it shall neglect to fileor correct the same, to be sued for in the name of the state ofMissouri. The amount recovered in any such action shall be paidto the public school fund of the state. The commission mayextend the time prescribed for cause shown.
(7) Have power, either through its members or inspectors oremployees duly authorized by it, to enter in or upon and toinspect the property, buildings, plants, factories, powerhouses,ducts, conduits and offices of any such corporations or persons.
(8) Have power to examine the accounts, books, contracts,records, documents and papers of any such corporation or person,and have power, after hearing, to prescribe by order the accountsin which particular outlays and receipts shall be entered,charged or credited.
(9) Have power to compel, by subpoena duces tecum, theproduction of any accounts, books, contracts, records, documents,memoranda and papers. In lieu of requiring production oforiginals by subpoena duces tecum the commission or anycommissioner may require sworn copies of any such books, records,contracts, documents and papers, or parts thereof, to be filedwith it. The commission may require of all such corporations orpersons specific answers to questions upon which the commissionmay need information, and may also require such corporations orpersons to file periodic reports in the form, covering the periodand filed at the time prescribed by the commission. If suchcorporation or person shall fail to make specific answer to anyquestion or shall fail to make a periodic report when required bythe commission as herein provided within the time and in the formprescribed by the commission for the making and filing of anysuch report or answer, such corporation or person shall forfeitto the state the sum of one hundred dollars for each and everyday it shall continue to be in default with respect to suchreport or answer. Such forfeiture shall be recovered in anaction brought by the commission in the name of the state ofMissouri. The amount recovered in any such action shall be paidto the public school fund of the state.
(10) Have power in all parts of the state, either as acommission or through its members, to subpoena witnesses, taketestimony and administer oaths to witnesses in any proceeding orexamination instituted before it, or conducted by it, inreference to any matter under sections 393.110 to 393.285.
(11) Have power to require every gas corporation, electricalcorporation, water corporation, and sewer corporation to filewith the commission and to print and keep open to publicinspection schedules showing all rates and charges made,established or enforced or to be charged or enforced, all formsof contract or agreement and all rules and regulations relatingto rates, charges or service used or to be used, and all generalprivileges and facilities granted or allowed by such gascorporation, electrical corporation, water corporation, or sewercorporation; but this subdivision shall not apply to state,municipal or federal contracts. Unless the commission otherwiseorders, no change shall be made in any rate or charge, or in anyform of contract or agreement, or any rule or regulation relatingto any rate, charge or service, or in any general privilege orfacility, which shall have been filed and published by a gascorporation, electrical corporation, water corporation, or sewercorporation in compliance with an order or decision of thecommission, except after thirty days' notice to the commissionand publication for thirty days as required by order of thecommission, which shall plainly state the changes proposed to bemade in the schedule then in force and the time when the changewill go into effect. The commission for good cause shown mayallow changes without requiring the thirty days' notice undersuch conditions as it may prescribe. No corporation shallcharge, demand, collect or receive a greater or less or differentcompensation for any service rendered or to be rendered than therates and charges applicable to such services as specified in itsschedule filed and in effect at the time; nor shall anycorporation refund or remit in any manner or by any device anyportion of the rates or charges so specified, nor to extend toany person or corporation any form of contract or agreement, orany rule or regulation, or any privilege or facility, except suchas are regularly and uniformly extended to all persons andcorporations under like circumstances. The commission shall havepower to prescribe the form of every such schedule, and from timeto time prescribe by order such changes in the form thereof asmay be deemed wise. The commission shall also have power toestablish such rules and regulations, to carry into effect theprovisions of this subdivision, as it may deem necessary, and tomodify and amend such rules or regulations from time to time.
(12) In case any electrical corporation, gas corporation,water corporation or sewer corporation engaged in carrying on anyother business than owning, operating or managing a gas plant,electric plant, water system or sewer system which other businessis not otherwise subject to the jurisdiction of the commission,and is so conducted that its operations are to be substantiallykept separate and apart from the owning, operating, managing orcontrolling of such gas plant, electric plant, water system orsewer system, said corporation in respect to such other businessshall not be subject to any of the provisions of this chapter andshall not be required to procure the consent or authorization ofthe commission to any act in such other business or to make anyreport in respect thereof. But this subdivision shall notrestrict or limit the powers of the commission in respect to theowning, operating, managing or controlling by such corporation ofsuch gas plant, electric plant, water system or sewer system, andsaid powers shall include also the right to inquire as to, andprescribe the apportionment of, capitalization, earnings, debtsand expenses fairly and justly to be awarded to or borne by theownership, operation, management or control of such gas plant,electric plant, water system or sewer system as distinguishedfrom such other business. In any such case if the owning,operating, managing or controlling of such gas plant, electricplant, water system or sewer system by any such corporation iswholly subsidiary and incidental to the other business carried onby it and is inconsiderable in amount and not general in itscharacter, the commission may by general rules exempt suchcorporation from making full reports and from the keeping ofaccounts as to such subsidiary and incidental business.
(RSMo 1939 § 5646, A. 1949 H.B. 2165, A.L. 1967 p. 578)
Prior revisions: 1929 § 5190; 1919 § 10478
(1957) Action against electric power company for refund of moneys paid under written contract involving question of whether plaintiff had fully performed its part of contract held within jurisdiction of circuit court. Katz Drug Co. v. K.C. Power & Light Co. (A.), 303 S.W.2d 672.
(1976) Rate increases are properly sought by utilities under the "file and suspend" method and this is true whether or not current rates had been set by the "file" method or fixed by order of the commission after a hearing. State ex rel. Jackson County v. Public Service Commission (Mo.), 532 S.W.2d 20.
(2000) Tariff limiting nonresidential customer refunds to sixty prior billing periods did not violate statute governing refunds of excess charges, as statute authorized Public Service Commission to establish rules and regulations to carry out this provision. A.C. Jacobs & Co., Inc., v. Union Electric Co., 17 S.W.3d 579 (Mo.App.W.D.).
