386.756. Utilities prohibited from engaging in HVAC services, exceptions, penalty.

MISSOURI STATUTES AND CODES

386.756. Utilities prohibited from engaging in HVAC services, exceptions, penalty.

Utilities prohibited from engaging in HVAC services, exceptions,penalty.

386.756. 1. Except by an affiliate, a utility may not engage in HVACservices, unless otherwise provided in subsection 7 or 8 of this section.

2. No affiliate or utility contractor may use any vehicles, servicetools, instruments, employees, or any other utility assets, the cost ofwhich are recoverable in the regulated rates for utility service, to engagein HVAC services unless the utility is compensated for the use of suchassets at cost to the utility.

3. A utility may not use or allow any affiliate or utility contractorto use the name of such utility to engage in HVAC services unless theutility, affiliate or utility contractor discloses, in plain view and inbold type on the same page as the name is used on all advertisements or inplain audible language during all solicitations of such services, adisclaimer that states the services provided are not regulated by thepublic service commission.

4. A utility may not engage in or assist any affiliate or utilitycontractor in engaging in HVAC services in a manner which subsidizes theactivities of such utility, affiliate or utility contractor to the extentof changing the rates or charges for the utility's regulated services aboveor below the rates or charges that would be in effect if the utility werenot engaged in or assisting any affiliate or utility contractor in engagingin such activities.

5. Any affiliates or utility contractors engaged in HVAC servicesshall maintain accounts, books and records separate and distinct from theutility.

6. The provisions of this section shall apply to any affiliate orutility contractor engaged in HVAC services that is owned, controlled orunder common control with a utility providing regulated utility service inthis state or any other state.

7. A utility engaging in HVAC services in this state five years priorto August 28, 1998, may continue providing, to existing as well as newcustomers, the same type of services as those provided by the utility fiveyears prior to August 28, 1998. The provisions of this section only applyto the area of service which the utility was actually supplying service toon a regular basis prior to August 28, 1993. The provisions of thissection shall not apply to any subsequently expanded areas of service madeby a utility through either existing affiliates or subsidiaries or throughaffiliates or subsidiaries purchased after August 28, 1993, unless suchservices were being provided in the expanded area prior to August 28, 1993.

8. The provisions of this section shall not be construed to prohibita utility from providing emergency service, providing any service requiredby law or providing a program pursuant to an existing tariff, rule or orderof the public service commission.

9. A utility that violates any provision of this section is guilty ofa civil offense and may be subject to a civil penalty of up to twelvethousand five hundred dollars for each violation. The attorney general mayenforce the provisions of this section pursuant to any powers granted tohim or her pursuant to any relevant provisions provided by Missouristatutes or the Missouri Constitution.

10. Any utility claiming an exemption as provided in subsection 7 ofthis section shall comply with all applicable state and local laws,ordinances or regulations relating to the installation or maintenance ofHVAC systems including all permit requirements. A continuing pattern offailure to comply with said requirements shall provide the basis for afinding by any court of competent jurisdiction or the public servicecommission that the utility has waived its claim of exemption pursuant tosubsection 7 of this section.