393.171. Incorporation and franchises, permission and approval after instruction and acquisition of plant permitted, when--expiration date.

MISSOURI STATUTES AND CODES

393.171. Incorporation and franchises, permission and approval after instruction and acquisition of plant permitted, when--expiration date.

Incorporation and franchises, permission and approval afterinstruction and acquisition of plant permitted, when--expirationdate.

393.171. 1. The commission shall have the authority to grant thepermission and approval specified in section 393.170 after the constructionor acquisition of any electric plant located in a first class countywithout a charter form of government has been completed if the commissiondetermines that the grant of such permission and approval is necessary orconvenient for the public service. Any such permission and approval shall,for all purposes, have the same effect as the permission and approvalgranted prior to such construction or acquisition. This subsection isenacted to clarify and specify the law in existence at all times since theoriginal enactment of section 393.170.

2. No permission or approval granted for an electric plant by thecommission under subsection 1 of this section, nor any special use permitissued for any such electric plant by the governing body of the county inwhich the electric plant is located, shall extinguish, render moot, ormitigate any suit or claim pending or otherwise allowable by law by anylandowner or other legal entity for monetary damages allegedly caused bythe operation or existence of such electric plant. Expenses incurred by anelectrical corporation in association with the payment of any such damagesshall not be recoverable, in any form at any time, from the ratepayers ofany such electrical corporation.

3. The commission's authority under subsection 1 of this sectionshall expire on August 28, 2009.