Commission rules on seven orders, continues with rule revisions
JEFFERSON CITY, Mo. – The Missouri Public Service Commission continues pushing forward with their review and changes of rules, signing off on two more orders regarding such rescissions and amendments this week.
The commission met Thursday morning, with only Commissioner Bill Kenney appearing in person, as the others attended by phone.
The first orders of business were votes on two motions to file telecom rule changes for publication, the first dealing with rescissions of some rules that have been rendered no longer necessary, while the other would, as Chairman Daniel Hall sated, clean up and streamline chapters 28 and 31, as well as eliminate chapter 37. Chapter 31 would expand to allow the USF funds to be used for broadband, to which Chairman Hall said he was looking forward to hearing from stakeholders on.
The commission also approved an order allowing for the internal restructuring and creation of a new subsidiary. Under the order, the restructuring of Energy Arkansas, Inc. (EAI) would ultimately result in a new operating company, called Energy Arkansas, LLC, which would provide the electric services currently provided by EAI.
“I don’t believe there’s any public detriment related to the transaction,” Hall said, after which the committee voted unanimously to approve the order.
The commission also approved an order suspending tariffs for Ameren’s two new tariffed programs seeking to revise its line extension, which it’s calling the “Charge Ahead” program. The PSC ordered that responses to the staff’s recommendation and the Office of Public Counsel’s motion to dismiss, and required the parties to appear at a prehearing conference to be held on April 23.
The fifth order of the day centered a complaint against Branson Cedars Resort Utility regarding a contested case and a stipulation and agreement. However, the agreement did not address the waiver of Branson Cedars’ right to 30-days notice, leading staff to file an amended motion to approve the stipulation and agreement by April 15.
Though it seems an agreement has been reached, the commission said they could not grant a motion to expedite the case, as the company is not represented by an attorney, and under the rules, they cannot waive due process rights to notice and a hearing.
The expedite motion was denied, with the commission stating that if the full 30 days passes without an answer, they will “act expeditiously to resolve the matter.”
The commission also ruled in a case that had been heard earlier this year, regarding a complaint against Carriage Oaks Estates Homeowners Association.
Several entities joined together to file a complaint, saying that Carl Mills formed and operated a company without obtaining a CCN and then transferred access without authorization from the PSC.
“It’s important that we make it clear that there is no evidence, record of mismanagement by Mr. Mills,” Hall stated.
After some discussion, Hall stated that the commission’s power in this matter would allow them to require that companies that are providing water for public use must receive a CCN from the commission. This would mean that Mills would need to apply for a CCN and then a subsequent rate case would follow. And as such, all transfers would be void under law.
The order was approved 5-0.
The final order of the day concerned Ameren Missouri’s application for a Flex-Pay Pilot Program.
OPC said that the PSC should dismiss the application because it would “result in deprivation of service,” which cannot be a MEEIA program.
Ameren disagees, and the PSC ruled that it’s unclear whether it is ineligible, and denied OPC’s motion. Ameren is ordered to file a tariff to implement the program effective October 1, 2018, unless rejected or suspended by the commission.
The PSC will meet again on the following Wednesday at noon.
Benjamin Peters was a reporter for The Missouri Times and Missouri Times Magazine and also produced the #MoLeg Podcast. He joined The Missouri Times in 2016 after working as a sports editor and TV news producer in mid-Missouri. Benjamin is a graduate of Missouri State University in Springfield.
