Mo. Rev. Stat. » Chapter 386
Missouri Revised Statutes

Mo. Rev. Stat. § 386.040 (2026)

Commission established

✓ current as of May 2026
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  386.040.  Commission established. — A "Public Service Commission" is hereby created and established, which said public service commission shall be vested with and possessed of the powers and duties in this chapter specified, and also all powers necessary or proper to enable it to carry out fully and effectually all the purposes of this chapter.

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(RSMo 1939 § 5579)

Prior revisions: 1929 § 5123; 1919 § 10412

Notes of Decisions
Cited in 27 cases (1 in the last 5 years), 1966–2021 · leading case: State Ex Rel. Philipp Transit Lines, Inc. v. Pub. Serv. Comm'n, 552 S.W.2d 696 (Mo. 1977).
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State Ex Rel. Philipp Transit Lines, Inc. v. Pub. Serv. Comm'n, 552 S.W.2d 696 (Mo. 1977). · cites it 6× “130, when read in pari materia with § 386.040, does not prohibit notational voting.”
State Ex Rel. MoGas Pipeline LLC v. Missouri Pub. Serv. Comm'n, 366 S.W.3d 493 (Mo. 2012). · cites it 2× “2d at 49 ; see also § 386.040 [4] (creating the PSC and vesting it with "the powers and duties .”
Missouri Pub. Serv. Comm'n v. Oneok, Inc., 318 S.W.3d 134 (Mo. Ct. App. 2010). · cites it 7× “The Commission claims that this authority is derived from section 386.040, RSMo 2000. As a creature of statute, the Commission’s “powers are limited to those conferred by statute, either expressly, or by clear implication, as necessary to carry out the powers specifically…”
State Ex Rel. AG Processing, Inc. v. Pub. Serv. Comm'n, 120 S.W.3d 732 (Mo. 2003). “Sections 386.040 & 393.190; Atmos, 103 S.”
Laclede Gas Co. v. Off. of the Pub. Couns., 523 S.W.3d 27 (Mo. Ct. App. 2017). · cites it 2× “banc 2012) (citing section 386.040; section 386.250(1)). The Commission employs technical experts (“PSC *30 Staff’) who are responsible for representing the Commission and State of Missouri in all Commission investigations, contested cases, and other proceedings unless PSC Staff…”
State Ex Rel. Kansas City Transit, Inc. v. Pub. Serv. Comm'n, 406 S.W.2d 5 (Mo. 1966). · cites it 4× “Various sections of the statutes indicate a clear intention of the Legislature that the Commission should exercise supervision and control over the capital structure of street railway corporations and other common carriers within its jurisdiction.”
Verified Application & Petition of Liberty Energy (Midstates) Corp. v. Off. of Pub. Couns., 464 S.W.3d 520 (Mo. 2015). “It is a “public utility” and a “gas corporation.” Sections 386.020(43) and 386.020(18), RSMo Supp.”
AG Processing Inc. v. Missouri Pub. Serv. Comm'n, 408 S.W.3d 175 (Mo. Ct. App. 2013). “Background To properly understand the context of the present case, we begin with a brief discussion of the PSC’s authority and procedures.”
Laclede Gas Co. v. Off. of Pub. Couns., 539 S.W.3d 835 (Mo. Ct. App. 2017). “§§ 386.040; 386.250. 1 The Commission's Staff acts separately and is a party to all cases before the Commission.”
State Ex Rel. Off. of the Pub. Couns. & Missouri Indus. Energy Consumers v. Missouri Pub. Serv. Comm'n, 331 S.W.3d 677 (Mo. Ct. App. 2011). “§ 386.040. The PSC has jurisdiction over the manufacture, sale, and distribution of electricity.”
In the Matter of the Verified Application & Petition of Laclede Gas Co. to Change its Infrastructure Sys. Replacement Surcharge in its Laclede Gas Serv. Territory Missouri Gas Energy USW Local 11-6 Missouri Pub. Serv. Comm'n v. Off. of Pub. Couns., 504 S.W.3d 852 (Mo. Ct. App. 2016). “The Commission is a state administrative agency responsible for the regulation of public utilities in Missouri, including gas corporations, pursuant to sections 386.040 and 386.250(1). State ex rel.”
Missouri Pub. Serv. Comm'n v. Off. of Pub. Couns., 526 S.W.3d 253 (Mo. Ct. App. 2017). · cites it 2× “Section 386.040; section 386.250(3). The Commission employs technical experts (“PSC Staff’) who are responsible for representing the Commission and the State of Missouri in all Commission investigations, contested cases, and other proceeding unless PSC Staff timely files a…”
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