91.025. Definitions--continuation of existing electrical service--change of supplier--commission jurisdiction. - Missouri Statutes

Definitions--continuation of existing electrical service--changeof supplier--commission jurisdiction.

91.025. 1. As used in this section, the following termsmean:

(1) "Municipally owned or operated electric power system",a system for the distribution of electrical power and energy tothe inhabitants of a municipality which is owned and operated bythe municipality itself, whether operated under authoritypursuant to this chapter or under a charter form of government;

(2) "Permanent service", electrical service providedthrough facilities which have been permanently installed on astructure and which are designed to provide electric service forthe structure's anticipated needs for the indefinite future, ascontrasted with facilities installed temporarily to provideelectrical service during construction. Service providedtemporarily shall be at the risk of the electrical supplier andshall not be determinative of the rights of the provider orrecipient of permanent service;

(3) "Structure" or "structures", an agricultural,residential, commercial, industrial or other building or amechanical installation, machinery or apparatus at which retailelectric energy is being delivered through a metering devicewhich is located on or adjacent to the structure and connected tothe lines of an electrical corporation, rural electriccooperative, municipally owned or operated electric power system,or joint municipal utility commission. Such terms shall includeany contiguous or adjacent additions to or expansions of aparticular structure. Nothing in this section shall be construedto confer any right on an electric supplier to serve newstructures on a particular tract of land because it was servingan existing structure on that tract.

2. Once a municipally owned or operated electrical system,or its predecessor in interest, lawfully commences supplyingretail electric energy to a structure through permanent servicefacilities, it shall have the right to continue serving suchstructure, and other suppliers of electrical energy shall nothave the right to provide service to the structure except asmight be otherwise permitted in the context of municipalannexation, pursuant to section 386.800, RSMo, or pursuant to aterritorial agreement approved under section 394.312, RSMo. Thepublic service commission, upon application made by a customer,may order a change of suppliers on the basis that it is in thepublic interest for a reason other than a rate differential, andthe commission is hereby given jurisdiction over municipallyowned or operated electric systems to accomplish the purpose ofthis section. The commission's jurisdiction under this section islimited to public interest determinations and excludes questionsas to the lawfulness of the provision of service, such questionsbeing reserved to courts of competent jurisdiction. Except asprovided in this section, nothing in this section shall beconstrued as otherwise conferring upon the commissionjurisdiction over the service, rates, financing, accounting ormanagement of any such municipally owned or operated electricalsystem, and nothing in this section, section 393.106, RSMo, andsection 394.315, RSMo, shall affect the rights, privileges orduties of any municipality to form or operate municipally ownedor operated electrical systems. Nothing in this section shall beconstrued to make lawful any provision of service which wasunlawful prior to July 11, 1991. Nothing in this section shallbe construed to make unlawful the continued lawful provision ofservice to any structure which may have had a different supplierin the past, if such a change in supplier was lawful at the timeit occurred.

(L. 1991 S.B. 221)

Effective 7-11-91