Missouri Revised Statutes

Mo. Rev. Stat. § 393.1009 (2026)

Definitions

✓ current as of May 2026
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  393.1009.  Definitions. — As used in sections 393.1009 to 393.1015, the following terms mean:

  (1)  "Appropriate pretax revenues", the revenues necessary to produce net operating income equal to:

  (a)  The gas corporation's weighted cost of capital multiplied by the net original cost of eligible infrastructure system replacements, including recognition of accumulated deferred income taxes and accumulated depreciation associated with eligible infrastructure system replacements which are included in a currently effective ISRS; and

  (b)  Recover state, federal, and local income or excise taxes applicable to such income; and

  (c)  Recover all other ISRS costs;

  (2)  "Commission", the Missouri public service commission;

  (3)  "Eligible infrastructure system replacements", gas utility plant projects that:

  (a)  Do not increase revenues by directly connecting the infrastructure replacement to new customers;

  (b)  Are in service and used and useful;

  (c)  Were not included in the gas corporation's rate base in its most recent general rate case; and

  (d)  Replace or extend the useful life of an existing infrastructure;

  (4)  "Gas corporation", every corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, owning, operating, controlling, or managing any gas plant operating for public use under privilege, license, or franchise now or hereafter granted by the state or any political subdivision, county, or municipality thereof as defined in section 386.020;

  (5)  "Gas utility plant projects" shall consist only of the following:

  (a)  Mains, valves, service lines, regulator stations, vaults, and other pipeline system components installed to comply with state or federal safety requirements as replacements for existing facilities that have worn out or are in deteriorated condition or that can no longer be installed under currently applicable safety requirements or any cast iron or steel facilities including any connected or associated facilities that, regardless of their material, age, or condition, are replaced as part of a qualifying replacement project in a manner that adds no incremental cost to a project compared to tying into or reusing existing facilities;

  (b)  Main relining projects, service line insertion projects, joint encapsulation projects, and other similar projects extending the useful life or enhancing the integrity of pipeline system components undertaken to comply with state or federal safety requirements; and

  (c)  Facilities relocations required due to construction or improvement of a highway, road, street, public way, or other public work by or on behalf of the United States, this state, a political subdivision of this state, or another entity having the power of eminent domain provided that the costs related to such projects have not been reimbursed to the gas corporation;

  (6)  "ISRS", infrastructure system replacement surcharge;

  (7)  "ISRS costs", depreciation expense and property taxes that will be due within twelve months of the ISRS filing associated with eligible system replacements less annual depreciation expenses and property taxes associated with any related facility retirements;

  (8)  "ISRS revenues", revenues produced through an ISRS exclusive of revenues from all other rates and charges.

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(L. 2003 H.B. 208, A.L. 2020 H.B. 2120)

Expires 8-28-29; see § 393.1015

Notes of Decisions
Cited in 13 cases, 2014–2020 · leading case: Verified Application & Petition of Liberty Energy (Midstates) Corp. v. Off. of Pub. Couns., 464 S.W.3d 520 (Mo. 2015).
Verified Application & Petition of Liberty Energy (Midstates) Corp. v. Off. of Pub. Couns., 464 S.W.3d 520 (Mo. 2015). · cites it 20× ““Deteriorate,” as used in section 393.1009, is not defined by statute.”
Laclede Gas Co. v. Off. of Pub. Couns., 539 S.W.3d 835 (Mo. Ct. App. 2017). · cites it 18× “"Pursuant to section 393.1009(3), 'eligible infrastructure system replacements' [under section 393.”
Laclede Gas Co. v. Off. of the Pub. Couns., 523 S.W.3d 27 (Mo. Ct. App. 2017). · cites it 6× “The Legislature created ISRS to allow for single-issue ratemaking so that gas corporations could recover the costs associated with certain government-mandated infrastructure replacement projects outside a general ratemaking case, See sections 393.1009, 393.1012, 393.1015. Under…”
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). · cites it 3× “See sections 393.1009, 393.1012, 393.1015. On August 3, 2015, Laclede filed separate ISRS petitions for Laclede Gas and MGE seeking to recover certain infrastructure investments made during the period from March 1 through June 30, 2015, as well as estimated infrastructure…”
In the matter of the application of Spire Missouri, Inc to change its infrastructure Sys. replacement surcharge in its Spire Missouri East Serv. Territory In the matter of the application of Spire Missouri, Inc to change its infrastructure Sys. replacement surcharge in its Spire Missouri West Serv. Territory v. Pub. Serv. Comm'n Off. of Pub. Couns. (Mo. Ct. App. 2020). · cites it 28× “2017) (citing sections 393.1009, 393.1012, 393.1015). "Under the ISRS statutes, in order for a gas company's infrastructure replacement costs to be recovered via an ISRS, they must arise from an 'eligible infrastructure system replacement.”
In the Matter of the Verified Application & Petition of Liberty Energy (Midstates) Corp d/b/a Liberty Utils. to Change its Infrastructure Sys. Replacement Surcharge Missouri Pub. Serv. Comm'n v. The Off. of Pub. Couns. (Mo. Ct. App. 2014). · cites it 23× “The ISRS statutes, Sections 393.1009, 393.1012, and 393.1015, provide a method for gas corporations to recover eligible infrastructure system replacement costs between general rate cases through a surcharge on their customers' bills.”
In the Matter of the Application of Spire Missouri, Inc., to Change Its Infrastructure Sys. Replacement Surcharge In Its Spire Missouri East Serv. Territory In the Matter of the Application of Spire Missouri, Inc., to Change Its Infrastructure Sys. Replacement Surcharge In Its Spire Missouri West Serv. Territory v. Missouri Pub. Serv. Comm'n Missouri Off. of Pub. Couns. (Mo. Ct. App. 2020). · cites it 13× “The statutes specify that Commission approval of a petition, and any associated rate schedules, to establish or change an ISRS pursuant to the provisions of sections 393.1009 to 393.1015 shall in no way be binding upon the commission in determining the ratemaking treatment to be…”
In The Matter of The Application of Laclede Gas Co. D/B/A Missouri Gas Energy, For Approval to Change its Infrastructure Sys. Replacement Surcharge Pub. Serv. Comm'n of The State of Missouri v. The Off. of Pub. Couns. (Mo. Ct. App. 2014). · cites it 11× “Those statutes provide a method, outside of a formal rate case, for a gas corporation to recover the cost of certain government-mandated infrastructure system replacement projects via a petition to establish or change an ISRS.”
Pub. Serv. Comm'n v. Off. of Pub. Couns., 417 S.W.3d 815 (Mo. Ct. App. 2014). · cites it 11× “Those statutes provide a method, outside of a formal rate case, for a gas corporation to recover the cost of certain government-mandated infrastructure system replacement projects via a petition to establish or change an ISRS.”
— Mo. Rev. Stat. § 393.1009(1) — 3 cases
In the matter of the application of Spire Missouri, Inc to change its infrastructure Sys. replacement surcharge in its Spire Missouri East Serv. Territory In the matter of the application of Spire Missouri, Inc to change its infrastructure Sys. replacement surcharge in its Spire Missouri West Serv. Territory v. Pub. Serv. Comm'n Off. of Pub. Couns. (Mo. Ct. App. 2020). “2017) (citing sections 393.1009, 393.1012, 393.1015). "Under the ISRS statutes, in order for a gas company's infrastructure replacement costs to be recovered via an ISRS, they must arise from an 'eligible infrastructure system replacement.”
In The Matter of The Application of Laclede Gas Co. D/B/A Missouri Gas Energy, For Approval to Change its Infrastructure Sys. Replacement Surcharge Pub. Serv. Comm'n of The State of Missouri v. The Off. of Pub. Couns. (Mo. Ct. App. 2014). “Those statutes provide a method, outside of a formal rate case, for a gas corporation to recover the cost of certain government-mandated infrastructure system replacement projects via a petition to establish or change an ISRS.”
Pub. Serv. Comm'n v. Off. of Pub. Couns., 417 S.W.3d 815 (Mo. Ct. App. 2014). “Those statutes provide a method, outside of a formal rate case, for a gas corporation to recover the cost of certain government-mandated infrastructure system replacement projects via a petition to establish or change an ISRS.”
— Mo. Rev. Stat. § 393.1009(1)(a) — 1 case
In the Matter of the Application of Spire Missouri, Inc., to Change Its Infrastructure Sys. Replacement Surcharge In Its Spire Missouri East Serv. Territory In the Matter of the Application of Spire Missouri, Inc., to Change Its Infrastructure Sys. Replacement Surcharge In Its Spire Missouri West Serv. Territory v. Missouri Pub. Serv. Comm'n Missouri Off. of Pub. Couns. (Mo. Ct. App. 2020). “The statutes specify that Commission approval of a petition, and any associated rate schedules, to establish or change an ISRS pursuant to the provisions of sections 393.1009 to 393.1015 shall in no way be binding upon the commission in determining the ratemaking treatment to be…”
— Mo. Rev. Stat. § 393.1009(3) — 10 cases
Verified Application & Petition of Liberty Energy (Midstates) Corp. v. Off. of Pub. Couns., 464 S.W.3d 520 (Mo. 2015). ““Deteriorate,” as used in section 393.1009, is not defined by statute.”
Laclede Gas Co. v. Off. of Pub. Couns., 539 S.W.3d 835 (Mo. Ct. App. 2017). “"Pursuant to section 393.1009(3), 'eligible infrastructure system replacements' [under section 393.”
Laclede Gas Co. v. Off. of the Pub. Couns., 523 S.W.3d 27 (Mo. Ct. App. 2017). “The Legislature created ISRS to allow for single-issue ratemaking so that gas corporations could recover the costs associated with certain government-mandated infrastructure replacement projects outside a general ratemaking case, See sections 393.1009, 393.1012, 393.1015. Under…”
In The Matter of The Application of Laclede Gas Co. D/B/A Missouri Gas Energy, For Approval to Change its Infrastructure Sys. Replacement Surcharge Pub. Serv. Comm'n of The State of Missouri v. The Off. of Pub. Couns. (Mo. Ct. App. 2014). “Those statutes provide a method, outside of a formal rate case, for a gas corporation to recover the cost of certain government-mandated infrastructure system replacement projects via a petition to establish or change an ISRS.”
In the Matter of the Verified Application & Petition of Liberty Energy (Midstates) Corp d/b/a Liberty Utils. to Change its Infrastructure Sys. Replacement Surcharge Missouri Pub. Serv. Comm'n v. The Off. of Pub. Couns. (Mo. Ct. App. 2014). “The ISRS statutes, Sections 393.1009, 393.1012, and 393.1015, provide a method for gas corporations to recover eligible infrastructure system replacement costs between general rate cases through a surcharge on their customers' bills.”
— Mo. Rev. Stat. § 393.1009(5) — 10 cases
Verified Application & Petition of Liberty Energy (Midstates) Corp. v. Off. of Pub. Couns., 464 S.W.3d 520 (Mo. 2015). ““Deteriorate,” as used in section 393.1009, is not defined by statute.”
Laclede Gas Co. v. Off. of the Pub. Couns., 523 S.W.3d 27 (Mo. Ct. App. 2017). “The Legislature created ISRS to allow for single-issue ratemaking so that gas corporations could recover the costs associated with certain government-mandated infrastructure replacement projects outside a general ratemaking case, See sections 393.1009, 393.1012, 393.1015. Under…”
Laclede Gas Co. v. Off. of Pub. Couns., 539 S.W.3d 835 (Mo. Ct. App. 2017). “"Pursuant to section 393.1009(3), 'eligible infrastructure system replacements' [under section 393.”
In the Matter of the Verified Application & Petition of Liberty Energy (Midstates) Corp d/b/a Liberty Utils. to Change its Infrastructure Sys. Replacement Surcharge Missouri Pub. Serv. Comm'n v. The Off. of Pub. Couns. (Mo. Ct. App. 2014). “The ISRS statutes, Sections 393.1009, 393.1012, and 393.1015, provide a method for gas corporations to recover eligible infrastructure system replacement costs between general rate cases through a surcharge on their customers' bills.”
In the matter of the application of Spire Missouri, Inc to change its infrastructure Sys. replacement surcharge in its Spire Missouri East Serv. Territory In the matter of the application of Spire Missouri, Inc to change its infrastructure Sys. replacement surcharge in its Spire Missouri West Serv. Territory v. Pub. Serv. Comm'n Off. of Pub. Couns. (Mo. Ct. App. 2020). “2017) (citing sections 393.1009, 393.1012, 393.1015). "Under the ISRS statutes, in order for a gas company's infrastructure replacement costs to be recovered via an ISRS, they must arise from an 'eligible infrastructure system replacement.”
— Mo. Rev. Stat. § 393.1009(5)(a) — 8 cases
Laclede Gas Co. v. Off. of Pub. Couns., 539 S.W.3d 835 (Mo. Ct. App. 2017). “"Pursuant to section 393.1009(3), 'eligible infrastructure system replacements' [under section 393.”
Verified Application & Petition of Liberty Energy (Midstates) Corp. v. Off. of Pub. Couns., 464 S.W.3d 520 (Mo. 2015). ““Deteriorate,” as used in section 393.1009, is not defined by statute.”
In the matter of the application of Spire Missouri, Inc to change its infrastructure Sys. replacement surcharge in its Spire Missouri East Serv. Territory In the matter of the application of Spire Missouri, Inc to change its infrastructure Sys. replacement surcharge in its Spire Missouri West Serv. Territory v. Pub. Serv. Comm'n Off. of Pub. Couns. (Mo. Ct. App. 2020). “2017) (citing sections 393.1009, 393.1012, 393.1015). "Under the ISRS statutes, in order for a gas company's infrastructure replacement costs to be recovered via an ISRS, they must arise from an 'eligible infrastructure system replacement.”
In the Matter of the Verified Application & Petition of Liberty Energy (Midstates) Corp d/b/a Liberty Utils. to Change its Infrastructure Sys. Replacement Surcharge Missouri Pub. Serv. Comm'n v. The Off. of Pub. Couns. (Mo. Ct. App. 2014). “The ISRS statutes, Sections 393.1009, 393.1012, and 393.1015, provide a method for gas corporations to recover eligible infrastructure system replacement costs between general rate cases through a surcharge on their customers' bills.”
— Mo. Rev. Stat. § 393.1009(5)(b) — 2 cases
Verified Application & Petition of Liberty Energy (Midstates) Corp. v. Off. of Pub. Couns., 464 S.W.3d 520 (Mo. 2015). ““Deteriorate,” as used in section 393.1009, is not defined by statute.”
— Mo. Rev. Stat. § 393.1009(6) — 2 cases
In The Matter of The Application of Laclede Gas Co. D/B/A Missouri Gas Energy, For Approval to Change its Infrastructure Sys. Replacement Surcharge Pub. Serv. Comm'n of The State of Missouri v. The Off. of Pub. Couns. (Mo. Ct. App. 2014). “Those statutes provide a method, outside of a formal rate case, for a gas corporation to recover the cost of certain government-mandated infrastructure system replacement projects via a petition to establish or change an ISRS.”
Pub. Serv. Comm'n v. Off. of Pub. Couns., 417 S.W.3d 815 (Mo. Ct. App. 2014). “Those statutes provide a method, outside of a formal rate case, for a gas corporation to recover the cost of certain government-mandated infrastructure system replacement projects via a petition to establish or change an ISRS.”
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