386.250. Jurisdiction of commission. - Missouri Statutes

Jurisdiction of commission.

386.250. The jurisdiction, supervision, powers and duties of thepublic service commission herein created and established shall extend underthis chapter:

(1) To the manufacture, sale or distribution of gas, natural andartificial, and electricity for light, heat and power, within the state,and to persons or corporations owning, leasing, operating or controllingthe same; and to gas and electric plants, and to persons or corporationsowning, leasing, operating or controlling the same;

(2) To all telecommunications facilities, telecommunications servicesand to all telecommunications companies so far as such telecommunicationsfacilities are operated or utilized by a telecommunications company tooffer or provide telecommunications service between one point and anotherwithin this state or so far as such telecommunications services are offeredor provided by a telecommunications company between one point and anotherwithin this state, except that nothing contained in this section shall beconstrued as conferring jurisdiction upon the commission over the ratescharged by a telephone cooperative for providing telecommunications servicewithin an exchange or within a local calling scope as determined by thecommission, except for exchange access service;

(3) To all water corporations, and to the land, property, dams, watersupplies, or power stations thereof and the operation of same within thisstate, except that nothing contained in this section shall be construed asconferring jurisdiction upon the commission over the service or rates ofany municipally owned water plant or system in any city of this stateexcept where such service or rates are for water to be furnished or usedbeyond the corporate limits of such municipality;

(4) To all sewer systems and their operations within this state andto persons or corporations owning, leasing, operating or controlling thesame;

(5) To all public utility corporations and persons whatsoever subjectto the provisions of this chapter as herein defined, except that the publicservice commission may, upon application of any interested person, declinejurisdiction and supervision over the sale and distribution of electricityand the owning, operating, and controlling of related plant if such saleand distribution is by a person authorized to provide such services in anadjoining state with fewer than twenty residential customers in Missouri,all of whom are located within two miles of the borders of the state ofMissouri and if such customers are unable to receive utility services froman investor-owner utility or rural electric cooperative due to a naturalbarrier. If the public service commission shall decline such jurisdictionand supervision, the Missouri customers of such out-of-state utility shallreceive services under the same terms and conditions as the utilityprovides service to its customers in the nearest adjoining state;

(6) To the adoption of rules as are supported by evidence as toreasonableness and which prescribe the conditions of rendering publicutility service, disconnecting or refusing to reconnect public utilityservice and billing for public utility service. All such proposed rulesshall be filed with the secretary of state and published in the MissouriRegister as provided in chapter 536, RSMo, and a hearing shall be held atwhich affected parties may present evidence as to the reasonableness of anyproposed rule; and

(7) To such other and further extent, and to all such other andadditional matters and things, and in such further respects as may hereinappear, either expressly or impliedly.

(RSMo 1939 § 5592, A.L. 1963 p. 500, A.L. 1967 p. 578, A.L. 1977 S.B. 136, A.L. 1980 H.B. 1335, A.L. 1987 H.B. 360, A.L. 1988 S.B. 676 merged with S.B. 481, A.L. 1991 S.B. 269, A.L. 1993 S.B. 52, A.L. 1995 S.B. 420, A.L. 1996 S.B. 630)

Prior revisions: 1929 § 5136; 1919 § 10425

CROSS REFERENCE:

Structures over or contiguous to railroad tracks created only with permission of commission, RSMo 389.580

(1963) The publication of the classified directory by a telephone company and the advertising thereunder is a method, procedure and an operation which is designed for and actually does facilitate the business of affording telephonic communication and the public service commission has jurisdiction to regulate advertising in the classified directory. Videon Corp. v. Burton (A.), 369 S.W.2d 264.

(1967) The public service commission is without power to order a telephone company to provide services in an area in which it has not offered, proffered or undertaken to provide service because such compulsion would be tantamount to an appropriation of the telephone company's property to a public service to which it has not dedicated such property, a taking of private property for public use without just compensation. State v. Public Service Commission (Mo.), 416 S.W.2d 109.