91.026. Aluminum smelting facilities may contract to purchase electric power, no set rates or time periods--definitions--criteria.

MISSOURI STATUTES AND CODES

91.026. Aluminum smelting facilities may contract to purchase electric power, no set rates or time periods--definitions--criteria.

Aluminum smelting facilities may contract to purchase electricpower, no set rates or time periods--definitions--criteria.

91.026. 1. As used in this section, the following terms mean:

(1) "Aluminum smelting facility", a facility whose primary industryis the smelting of aluminum and primary metals, Standard IndustrialClassification Code 3334, is located in a county of the secondclassification, which has used over three million megawatt hours ofelectricity during a calendar year, and has had electrical service providedto said facility in the past, in part or whole, by a municipally ownedutility and, in part or whole, by an electric generating cooperative ownedby rural electric cooperatives;

(2) "Commission", the Missouri public service commission;

(3) "Delivery services", transmission, distribution, or metering ofelectric power and energy or services ancillary thereto or relatedservices;

(4) "Local electric service utility", an electrical corporationengaged in the furnishing of local electric service to consumers under acertificate of convenience and necessity issued by the commission, anymunicipal electric distribution system or electric cooperative;

(5) "Municipally owned utility", a utility as defined in subdivision(1) of subsection 1 of section 91.025.

2. Notwithstanding any provisions of law to the contrary, anyaluminum smelting facility shall have the right to purchase and contract topurchase electric power and energy and delivery services from any provider,wherever found or located, at whatever rates or charges as contracted for,and such periods or times as is needed or necessary or convenient for theoperation of such aluminum smelting facility and for no other purpose,notwithstanding any past circumstances of supply. Any aluminum smeltingfacility purchasing or contracting to purchase electric power and energypursuant to this section shall not resell such electric power and energy toany party except the original providers of such electric power and energy.

3. Notwithstanding the provisions of section 91.025, section 393.106,RSMo, and section 394.315, RSMo, to the contrary, any provider of suchelectric power and energy and delivery services, whether or not otherwiseunder Missouri regulatory jurisdiction, shall have the right to transactfor and sell electric power and energy and delivery services to an aluminumsmelting facility. Any transactions or contracts pursuant to this sectionfor electric power and energy and delivery services shall not be subject tothe jurisdiction of the commission with regard to the determination ofrates.

4. When current electric power and energy is being supplied in partor in whole by a municipally owned utility and in part or whole by anelectric generating cooperative owned by rural electric cooperatives andnot under any contract authorized pursuant to this section, a replacementcontract pursuant to the provisions of subsections 2 and 3 of this sectionshall provide for all of the electric power and energy and deliveryservices requirements of the aluminum smelter and shall meet the followingcriteria:

(1) The aluminum smelting facility's change of supplier shall have nonegative financial impact on any past supplier or suppliers or to otherelectricity customers of such supplier or suppliers;

(2) The supply arrangements made by the aluminum smelting facilitywhen operated in coordination with the local electric infrastructure shallnot reduce the reliability of service to other customers or the safety ofany person;

(3) The aluminum smelting facility's change of electric suppliershall not cause a reduction in tax revenue to the state of Missouri or anypolitical subdivision;

(4) No billing or metering functions of any municipally owned utilitywill be changed or affected as a result of a change of electric supplier bysuch aluminum smelting facility.

5. No local electric service utility provider of electric power andenergy or delivery services shall have any obligation to supply or deliverbackup, peaking or emergency power to an aluminum smelting facilityexercising its rights under this section, nor liability for inability orfailure to provide such power, except as may be established by writtencontract.

6. Once an aluminum smelting facility has purchased electric powerpursuant to its rights pursuant to this section, no past supplier of energyand related services shall have any obligation to provide electric powerand energy and delivery services to such aluminum smelting facility exceptas may be established by written contract.

7. The provisions of this section recognize highly uniquecircumstances of aluminum smelting facilities and are not to be interpretedas condoning or conceding the suitability of retail electric restructuringfor any customer or class of customers in the state of Missouri.