393.557. Final order of access, exception--bond, amount--hearing. - Missouri Statutes

Final order of access, exception--bond, amount--hearing.

393.557. 1. The initial access order shall become a final order ofaccess under section 393.555 unless the utility customer in default posts abond which must be:

(1) Approved by and filed with the court within the time specified bythe initial access order; and

(2) In sufficient amount, form and with appropriate security, to protectthe utility company against all losses and expenses which the utility companymay suffer by reason of the delay in obtaining access, including, but notlimited to, the posting of adequate security to cover all charges by theutility company which may accrue during the pendency of the hearing referredto in subsection 2 of this section. If such bond is provided to the court and approved by the court, the utilitycustomer in default filing such bond shall be entitled to a hearing pursuantto subsection 2 of this section, which hearing shall be a hearing on therecord under procedures applicable before circuit judges, and shall be heldand decided within twenty days of the posting of the bond.

2. At a hearing on the delivery of access to the utility meter, eachparty may present proofs. In order to prevail, the utility company mustestablish that it reasonably requires access to the utility meter based upon aneed for access as described in subdivision (3) of section 393.550. If theutility company so establishes, the initial access order shall beautomatically reinstated and immediately become a final order of access. Theutility customer in default and the utility company shall respectively havethe opportunity to present evidence to the court, and to cross-examine any orall witnesses of the other party.

(L. 1986 H.B. 1422 § 4)