393.150. Commission may fix rates after hearing--stay increase--burden of proof. - Missouri Statutes

Commission may fix rates after hearing--stay increase--burden ofproof.

393.150. 1. Whenever there shall be filed with thecommission by any gas corporation, electrical corporation, watercorporation or sewer corporation any schedule stating a new rateor charge, or any new form of contract or agreement, or any newrule, regulation or practice relating to any rate, charge orservice or to any general privilege or facility, the commissionshall have, and it is hereby given, authority, either uponcomplaint or upon its own initiative without complaint, at once,and if it so orders without answer or other formal pleading bythe interested gas corporation, electrical corporation, watercorporation or sewer corporation, but upon reasonable notice, toenter upon a hearing concerning the propriety of such rate,charge, form of contract or agreement, rule, regulation orpractice, and pending such hearing and the decision thereon, thecommission upon filing with such schedule, and delivering to thegas corporation, electrical corporation, water corporation orsewer corporation affected thereby, a statement in writing of itsreasons for such suspension, may suspend the operation of suchschedule and defer the use of such rate, charge, form of contractor agreement, rule, regulation or practice, but not for a longerperiod than one hundred and twenty days beyond the time when suchrate, charge, form of contract or agreement, rule, regulation orpractice would otherwise go into effect; and after full hearing,whether completed before or after the rate, charge, form ofcontract or agreement, rule, regulation or practice goes intoeffect, the commission may make such order in reference to suchrate, charge, form of contract or agreement, rule, regulation orpractice as would be proper in a proceeding initiated after therate, charge, form of contract or agreement, rule, regulation orpractice had become effective.

2. If any such hearing cannot be concluded within the periodof suspension, as above stated, the commission may, in itsdiscretion, extend the time of suspension for a further periodnot exceeding six months. At any hearing involving a rate soughtto be increased, the burden of proof to show that the increasedrate or proposed increased rate is just and reasonable shall beupon the gas corporation, electrical corporation, watercorporation or sewer corporation, and the commission shall giveto the hearing and decision of such questions preference over allother questions pending before it and decide the same as speedilyas possible.

(RSMo 1939 § 5647, A. 1949 H.B. 2165, A.L. 1967 p. 578)

Prior revisions: 1929 § 5191; 1919 § 10479

(1960) A tax adjustment provision providing for apportionment of city gross receipts tax to purchasers of steam service held to constitute a "rule * * * or practice" relating to rates subject to approval of the commission. State ex rel. Hotel Continental v. Burton (Mo.), 334 S.W.2d 75.

(1976) Rate increases are properly sought by utilities under the "file and suspend" method and this is true whether or not current rates had been set by the "file" method or fixed by order of the commission after a hearing. State ex rel. Jackson County v. Public Service Commission (Mo.), 532 S.W.2d 20.

(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 County v. Public Service Commission (Mo.), 532 S.W.2d 20.

(1976) Public service commission has power in proper case to grant interim rate increases, which power is implied in the "file and suspend" provision of statute. State ex rel. Laclede Gas Co. v. Public Service Commission (A.), 535 S.W.2d 561.