393.170. Approval of incorporation and franchises--certificate. - Missouri Statutes

Approval of incorporation and franchises--certificate.

393.170. 1. No gas corporation, electrical corporation,water corporation or sewer corporation shall begin constructionof a gas plant, electric plant, water system or sewer systemwithout first having obtained the permission and approval of thecommission.

2. No such corporation shall exercise any right or privilegeunder any franchise hereafter granted, or under any franchiseheretofore granted but not heretofore actually exercised, or theexercise of which shall have been suspended for more than oneyear, without first having obtained the permission and approvalof the commission. Before such certificate shall be issued acertified copy of the charter of such corporation shall be filedin the office of the commission, together with a verifiedstatement of the president and secretary of the corporation,showing that it has received the required consent of the propermunicipal authorities.

3. The commission shall have the power to grant thepermission and approval herein specified whenever it shall afterdue hearing determine that such construction or such exercise ofthe right, privilege or franchise is necessary or convenient forthe public service. The commission may by its order impose suchcondition or conditions as it may deem reasonable and necessary.Unless exercised within a period of two years from the grantthereof, authority conferred by such certificate of convenienceand necessity issued by the commission shall be null and void.

(RSMo 1939 § 5649, A.L. 1967 p. 578)

Prior revisions; 1929 § 5193; 1919 § 10481

(1960) Public utility corporation did not need to obtain an additional certificate of convenience and necessity to construct an addition or extension to its existing transmission lines and facilities within a territory already allocated to it. State ex rel. Harline v. Public Service Commission of Missouri (A.), 343 S.W.2d 177.

(1964) Commission's authority to grant water company's application for authority to lay water mains generally throughout the county was necessarily limited by the franchise obtained from the county which was limited to the use of certain specified roads and highways. Public Water Supply District No. 2 of Jackson County (Mo.), 379 S.W.2d 593.