386.210. Conferences, limitation on communications--cooperative agreements, investigations authorized--funds may be received and distributed, how.

MISSOURI STATUTES AND CODES

386.210. Conferences, limitation on communications--cooperative agreements, investigations authorized--funds may be received and distributed, how.

Conferences, limitation on communications--cooperative agreements,investigations authorized--funds may be received and distributed, how.

386.210. 1. The commission may confer in person, or bycorrespondence, by attending conventions, or in any other way, with themembers of the public, any public utility or similar commission of this andother states and the United States of America, or any official, agency orinstrumentality thereof, on any matter relating to the performance of itsduties.

2. Such communications may address any issue that at the time of suchcommunication is not the subject of a case that has been filed with thecommission.

3. Such communications may also address substantive or proceduralmatters that are the subject of a pending filing or case in which noevidentiary hearing has been scheduled, provided that the communication:

(1) Is made at a public agenda meeting of the commission where suchmatter has been posted in advance as an item for discussion or decision;

(2) Is made at a forum where representatives of the public utilityaffected thereby, the office of public counsel, and any other party to thecase are present; or

(3) If made outside such agenda meeting or forum, is subsequentlydisclosed to the public utility, the office of the public counsel, and anyother party to the case in accordance with the following procedure:

(a) If the communication is written, the person or party making thecommunication shall no later than the next business day following thecommunication file a copy of the written communication in the official casefile of the pending filing or case and serve it upon all parties of record;

(b) If the communication is oral, the party making the oralcommunication shall no later than the next business day following thecommunication file a memorandum in the official case file of the pendingcase disclosing the communication and serve such memorandum on all partiesof record. The memorandum must contain a summary of the substance of thecommunication and not merely a listing of the subjects covered.

4. Nothing in this section or any other provision of law shall beconstrued as imposing any limitation on the free exchange of ideas, views,and information between any person and the commission or any commissioner,provided that such communications relate to matters of general regulatorypolicy and do not address the merits of the specific facts, evidence,claims, or positions presented or taken in a pending case unless suchcommunications comply with the provisions of subsection 3 of this section.

5. The commission and any commissioner may also advise any member ofthe general assembly or other governmental official of the issues orfactual allegations that are the subject of a pending case, provided thatthe commission or commissioner does not express an opinion as to the meritsof such issues or allegations, and may discuss in a public agenda meetingwith parties to a case in which an evidentiary hearing has been scheduled,any procedural matter in such case or any matter relating to a unanimousstipulation or agreement resolving all of the issues in such case.

6. The commission may enter into and establish fair and equitablecooperative agreements or contracts with or act as an agent or licensee forthe United States of America, or any official, agency or instrumentalitythereof, or any public utility or similar commission of other states, thatare proper, expedient, fair and equitable and in the interest of the stateof Missouri and the citizens thereof, for the purpose of carrying out itsduties pursuant to section 386.250 as limited and supplemented by section386.030 and to that end the commission may receive and disburse anycontributions, grants or other financial assistance as a result of orpursuant to such agreements or contracts. Any contributions, grants orother financial assistance so received shall be deposited in the publicservice commission utility fund or the state highway commission funddepending upon the purposes for which they are received.

7. The commission may make joint investigations, hold joint hearingswithin or without the state, and issue joint or concurrent orders inconjunction or concurrence with any railroad, public utility or similarcommission, of other states or the United States of America, or anyofficial, agency or any instrumentality thereof, except that in the holdingof such investigations or hearings, or in the making of such orders, thecommission shall function under agreements or contracts between states orunder the concurrent power of states to regulate interstate commerce, or asan agent of the United States of America, or any official, agency orinstrumentality thereof, or otherwise.