Notice and hearing--order fixing price of gas, water, electricity orsewer service, or requiring improvement.
393.270. 1. Before proceeding under a complaint presentedas provided in sections 393.110 to 393.285, the commission shallcause notice of such complaint, and the purpose thereof, to beserved upon the person or corporation affected thereby. Suchperson or corporation shall have an opportunity to be heard inrespect to the matters complained of at a time and place to bespecified in such notice. An investigation may be instituted bythe commission as to any matter of which complaint may be made asprovided in sections 393.110 to 393.285, or to enable it toascertain the facts requisite to the exercise of any powerconferred upon it.
2. After a hearing and after such investigation as shallhave been made by the commission or its officers, agents,examiners or inspectors, the commission within lawful limits may,by order, fix the maximum price of gas, electricity, water orsewer service not exceeding that fixed by statute to be chargedby such corporation or person, for the service to be furnished;and may order such improvement in the manufacture, distributionor supply of gas, in the manufacture, transmission or supply ofelectricity, in the distribution or supply of water, in thecollection, carriage, treatment and disposal of sewage, or in themethods employed by such persons or corporation as will in itsjudgment be adequate, just and reasonable.
3. The price fixed by the commission under sections 393.110to 393.285 shall be the maximum price to be charged by suchcorporation or person for gas, electricity or water * for theservice to be furnished within the territory and for a period tobe fixed by the commission in the order, not exceeding threeyears, except in the case of a sliding scale, and thereafteruntil the commission shall, upon its own motion or upon thecomplaint of any corporation or person interested, fix a higheror lower maximum price of gas, electricity, water or sewerservice to be thereafter charged.
4. In determining the price to be charged for gas,electricity, or water the commission may consider all facts whichin its judgment have any bearing upon a proper determination ofthe question although not set forth in the complaint and notwithin the allegations contained therein, with due regard, amongother things, to a reasonable average return upon capitalactually expended and to the necessity of making reservations outof income for surplus and contingencies.
5. In determining the price to be charged for sewer servicethe commission may consider all facts which in its judgment haveany bearing upon a proper determination of the question althoughnot set forth in the complaint and not within the allegationscontained therein, with due regard, among other things, to areasonable average return upon the value of the property actuallyused in the public service and to the necessity of makingreservations out of income for surplus and contingencies.
(RSMo 1939 § 5659, A. 1949 H.B. 2165, A.L. 1967 p. 578)
Prior revisions: 1929 § 5203; 1919 § 10491
*Apparently reference to "sewer service" was omitted from original rolls.
(1975) Held that the value of property given to a sewer company by customers and users should be deducted from the value of the property used in the public service in making a rate determination. State ex rel. Valley Sewage Co. v. Public Service Commission (A.), 515 S.W.2d 845.
(1976) Fact that commission had declared a two-year moratorium on further rate increases by utility did not prevent commission from changing or abrogating that order and rate increase was properly sought by utility under the "file and suspend" method. State ex rel. Jackson County v. Public Service Commission (Mo.), 532 S.W.2d 20.
(1976) Sections 386.390 and 393.260 specifically enumerate the parties qualified to file a complaint as to the reasonableness of a utility's rates and charges, and utilities are not among them, and section 386.400 gives utilities the right to file complaints only on matters other than as to reasonableness of their rates. State ex rel. Jackson County v. Public Service Commission (Mo.), 532 S.W.2d 20.
Notice and hearing--order fixing price of gas, water, electricity orsewer service, or requiring improvement.
393.270. 1. Before proceeding under a complaint presentedas provided in sections 393.110 to 393.285, the commission shallcause notice of such complaint, and the purpose thereof, to beserved upon the person or corporation affected thereby. Suchperson or corporation shall have an opportunity to be heard inrespect to the matters complained of at a time and place to bespecified in such notice. An investigation may be instituted bythe commission as to any matter of which complaint may be made asprovided in sections 393.110 to 393.285, or to enable it toascertain the facts requisite to the exercise of any powerconferred upon it.
2. After a hearing and after such investigation as shallhave been made by the commission or its officers, agents,examiners or inspectors, the commission within lawful limits may,by order, fix the maximum price of gas, electricity, water orsewer service not exceeding that fixed by statute to be chargedby such corporation or person, for the service to be furnished;and may order such improvement in the manufacture, distributionor supply of gas, in the manufacture, transmission or supply ofelectricity, in the distribution or supply of water, in thecollection, carriage, treatment and disposal of sewage, or in themethods employed by such persons or corporation as will in itsjudgment be adequate, just and reasonable.
3. The price fixed by the commission under sections 393.110to 393.285 shall be the maximum price to be charged by suchcorporation or person for gas, electricity or water * for theservice to be furnished within the territory and for a period tobe fixed by the commission in the order, not exceeding threeyears, except in the case of a sliding scale, and thereafteruntil the commission shall, upon its own motion or upon thecomplaint of any corporation or person interested, fix a higheror lower maximum price of gas, electricity, water or sewerservice to be thereafter charged.
4. In determining the price to be charged for gas,electricity, or water the commission may consider all facts whichin its judgment have any bearing upon a proper determination ofthe question although not set forth in the complaint and notwithin the allegations contained therein, with due regard, amongother things, to a reasonable average return upon capitalactually expended and to the necessity of making reservations outof income for surplus and contingencies.
5. In determining the price to be charged for sewer servicethe commission may consider all facts which in its judgment haveany bearing upon a proper determination of the question althoughnot set forth in the complaint and not within the allegationscontained therein, with due regard, among other things, to areasonable average return upon the value of the property actuallyused in the public service and to the necessity of makingreservations out of income for surplus and contingencies.
(RSMo 1939 § 5659, A. 1949 H.B. 2165, A.L. 1967 p. 578)
Prior revisions: 1929 § 5203; 1919 § 10491
*Apparently reference to "sewer service" was omitted from original rolls.
(1975) Held that the value of property given to a sewer company by customers and users should be deducted from the value of the property used in the public service in making a rate determination. State ex rel. Valley Sewage Co. v. Public Service Commission (A.), 515 S.W.2d 845.
(1976) Fact that commission had declared a two-year moratorium on further rate increases by utility did not prevent commission from changing or abrogating that order and rate increase was properly sought by utility under the "file and suspend" method. State ex rel. Jackson County v. Public Service Commission (Mo.), 532 S.W.2d 20.
(1976) Sections 386.390 and 393.260 specifically enumerate the parties qualified to file a complaint as to the reasonableness of a utility's rates and charges, and utilities are not among them, and section 386.400 gives utilities the right to file complaints only on matters other than as to reasonableness of their rates. State ex rel. Jackson County v. Public Service Commission (Mo.), 532 S.W.2d 20.
Notice and hearing--order fixing price of gas, water, electricity orsewer service, or requiring improvement.
393.270. 1. Before proceeding under a complaint presentedas provided in sections 393.110 to 393.285, the commission shallcause notice of such complaint, and the purpose thereof, to beserved upon the person or corporation affected thereby. Suchperson or corporation shall have an opportunity to be heard inrespect to the matters complained of at a time and place to bespecified in such notice. An investigation may be instituted bythe commission as to any matter of which complaint may be made asprovided in sections 393.110 to 393.285, or to enable it toascertain the facts requisite to the exercise of any powerconferred upon it.
2. After a hearing and after such investigation as shallhave been made by the commission or its officers, agents,examiners or inspectors, the commission within lawful limits may,by order, fix the maximum price of gas, electricity, water orsewer service not exceeding that fixed by statute to be chargedby such corporation or person, for the service to be furnished;and may order such improvement in the manufacture, distributionor supply of gas, in the manufacture, transmission or supply ofelectricity, in the distribution or supply of water, in thecollection, carriage, treatment and disposal of sewage, or in themethods employed by such persons or corporation as will in itsjudgment be adequate, just and reasonable.
3. The price fixed by the commission under sections 393.110to 393.285 shall be the maximum price to be charged by suchcorporation or person for gas, electricity or water * for theservice to be furnished within the territory and for a period tobe fixed by the commission in the order, not exceeding threeyears, except in the case of a sliding scale, and thereafteruntil the commission shall, upon its own motion or upon thecomplaint of any corporation or person interested, fix a higheror lower maximum price of gas, electricity, water or sewerservice to be thereafter charged.
4. In determining the price to be charged for gas,electricity, or water the commission may consider all facts whichin its judgment have any bearing upon a proper determination ofthe question although not set forth in the complaint and notwithin the allegations contained therein, with due regard, amongother things, to a reasonable average return upon capitalactually expended and to the necessity of making reservations outof income for surplus and contingencies.
5. In determining the price to be charged for sewer servicethe commission may consider all facts which in its judgment haveany bearing upon a proper determination of the question althoughnot set forth in the complaint and not within the allegationscontained therein, with due regard, among other things, to areasonable average return upon the value of the property actuallyused in the public service and to the necessity of makingreservations out of income for surplus and contingencies.
(RSMo 1939 § 5659, A. 1949 H.B. 2165, A.L. 1967 p. 578)
Prior revisions: 1929 § 5203; 1919 § 10491
*Apparently reference to "sewer service" was omitted from original rolls.
(1975) Held that the value of property given to a sewer company by customers and users should be deducted from the value of the property used in the public service in making a rate determination. State ex rel. Valley Sewage Co. v. Public Service Commission (A.), 515 S.W.2d 845.
(1976) Fact that commission had declared a two-year moratorium on further rate increases by utility did not prevent commission from changing or abrogating that order and rate increase was properly sought by utility under the "file and suspend" method. State ex rel. Jackson County v. Public Service Commission (Mo.), 532 S.W.2d 20.
(1976) Sections 386.390 and 393.260 specifically enumerate the parties qualified to file a complaint as to the reasonableness of a utility's rates and charges, and utilities are not among them, and section 386.400 gives utilities the right to file complaints only on matters other than as to reasonableness of their rates. State ex rel. Jackson County v. Public Service Commission (Mo.), 532 S.W.2d 20.
