386.390. Complaint, who may make--procedure to hear--service of process, how had--time and place of hearing, how fixed. - Missouri Statutes

Complaint, who may make--procedure to hear--service of process, howhad--time and place of hearing, how fixed.

386.390. 1. Complaint may be made by the commission of itsown motion, or by the public counsel or any corporation orperson, chamber of commerce, board of trade, or any civic,commercial, mercantile, traffic, agricultural or manufacturingassociation or organization, or any body politic or municipalcorporation, by petition or complaint in writing, setting forthany act or thing done or omitted to be done by any corporation,person or public utility, including any rule, regulation orcharge heretofore established or fixed by or for any corporation,person or public utility, in violation, or claimed to be inviolation, of any provision of law, or of any rule or order ordecision of the commission; provided, that no complaint shall beentertained by the commission, except upon its own motion, as tothe reasonableness of any rates or charges of any gas,electrical, water, sewer, or telephone corporation, unless thesame be signed by the public counsel or the mayor or thepresident or chairman of the board of aldermen or a majority ofthe council, commission or other legislative body of any city,town, village or county, within which the alleged violationoccurred, or not less than twenty-five consumers or purchasers,or prospective consumers or purchasers, of such gas, electricity,water, sewer or telephone service.

2. All matters upon which complaint may be founded may bejoined in one hearing, and no motion shall be entertained againsta complaint for misjoinder of causes of action or grievances ormisjoinder or nonjoinder of parties; and in any review by thecourts of orders or decisions of the commission the same ruleshall apply with regard to the joinder of causes and parties asherein provided.

3. The commission shall not be required to dismiss anycomplaint because of the absence of direct damage to thecomplainant. Upon the filing of a complaint, the commissionshall cause a copy thereof to be served upon the public utility,corporation or person complained of.

4. Service in all hearings, investigations and proceedingspending before the commission may be made upon any person uponwhom summons may be served in accordance with the provisions ofthe code of civil procedure of this state, and may be madepersonally or by mailing in a sealed envelope with postageprepaid.

5. The commission shall fix the time when and the placewhere a hearing will be had upon the complaint and shall servenotice thereof, not less than ten days before the time set forsuch hearing, unless the commission shall find that the publicnecessity requires that such hearing be held at an earlier date.

(RSMo 1939 § 5686, A.L. 1967 p. 578, A.L. 1977 H.B. 42 & 157)

Prior revisions: 1929 § 5230; 1919 § 10518

(1976) File and suspend method of seeking rate increase by utility did not result in denial of due process of law or equal protection to utility consumers. State ex rel. Jackson v. Public Service Commission (Mo.), 532 S.W.2d 20.

(1976) Sections 386.390 and 393.260 specifically enumerate the parties qualified to file a complaint as to the reasonableness of a utility's rates and charges, and utilities the right to file complaints only on matters other than as to reasonableness of their rates. State ex. rel. Jackson County v. Public Service Commission (Mo.), 532 S.W.2d 20.