Mo. Rev. Stat. » Chapter 393
Missouri Revised Statutes

Mo. Rev. Stat. § 393.130 (2026)

Safe and adequate service

✓ current as of May 2026
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  393.130.  Safe and adequate service — charges — certain home rule cities, interest accrual, when — service tariff schedules, when. — 1.  Every gas corporation, every electrical corporation, every water corporation, and every sewer corporation shall furnish and provide such service instrumentalities and facilities as shall be safe and adequate and in all respects just and reasonable.  All charges made or demanded by any such gas corporation, electrical corporation, water corporation or sewer corporation for gas, electricity, water, sewer or any service rendered or to be rendered shall be just and reasonable and not more than allowed by law or by order or decision of the commission.  Every unjust or unreasonable charge made or demanded for gas, electricity, water, sewer or any such service, or in connection therewith, or in excess of that allowed by law or by order or decision of the commission is prohibited.

  2.  No gas corporation, electrical corporation, water corporation or sewer corporation shall directly or indirectly by any special rate, rebate, drawback or other device or method, charge, demand, collect or receive from any person or corporation a greater or less compensation for gas, electricity, water, sewer or for any service rendered or to be rendered or in connection therewith, except as authorized in this chapter, than it charges, demands, collects or receives from any other person or corporation for doing a like and contemporaneous service with respect thereto under the same or substantially similar circumstances or conditions.

  3.  No gas corporation, electrical corporation, water corporation or sewer corporation shall make or grant any undue or unreasonable preference or advantage to any person, corporation or locality, or to any particular description of service in any respect whatsoever, or subject any particular person, corporation or locality or any particular description of service to any undue or unreasonable prejudice or disadvantage in any respect whatsoever.

  4.  Nothing in this section shall be taken to prohibit a gas corporation, electrical corporation, water corporation or sewer corporation from establishing a sliding scale for a fixed period for the automatic adjustment of charges for gas, electricity, water, sewer or any service rendered or to be rendered and the dividends to be paid stockholders of such gas corporation, electrical corporation, water corporation or sewer corporation; provided, that the sliding scale shall first have been filed with and approved by the commission; but nothing in this subsection shall operate to prevent the commission after the expiration of such fixed period from fixing proper, just and reasonable rates and charges to be made for service as authorized in sections 393.110 to 393.285*.

  5.  No water corporation shall be permitted to charge any municipality or fire protection district a rate for the placing and providing of fire hydrants for distribution of water for use in protecting life and property from the hazards of fire within such municipality or fire protection district.  Nothing herein shall prevent such water corporation from including the cost of placement and maintenance of such fire hydrants in its cost basis in determining a fair and reasonable rate to be charged for water.  Any such fee or rental charge being made for such fire hydrants whether by contract or otherwise at the time this act shall take effect may remain in effect for a period of one hundred twenty days after this section shall take effect.

  6.  In any home rule city with more than four hundred thousand inhabitants and located in more than one county, any deposits held by the city for any water or sewerage services provided to a customer at any premises shall accrue interest if the customer is current in payments for water and sewerage services and if the city has held the deposit for two or more years.  Interest for each year, or part thereof, shall accrue at the rate set for six month United States treasury bills effective December thirty-first of the preceding year.  For any deposit held by the city on or before the December thirty-first prior to August 28, 2002, if that deposit is still held by the city on the December thirty-first one year next following August 28, 2002, interest accruing pursuant to this section from the effective date shall be credited to the customer's individual account, or paid to the customer, at the city's discretion.

  7.  Each electrical corporation providing electric service to more than two hundred fifty thousand customers shall develop and submit to the commission schedules to include in the electrical corporation's service tariff applicable to customers who are reasonably projected to have above an annual peak demand of one hundred megawatts or more.  The schedules should reasonably ensure such customers' rates will reflect the customers' representative share of the costs incurred to serve the customers and prevent other customer classes' rates from reflecting any unjust or unreasonable costs arising from service to such customers.  Each electrical corporation providing electric service to two hundred fifty thousand or fewer customers as of January 1, 2025, shall develop and submit to the commission such schedules applicable to customers who are reasonably projected to have above an annual peak demand of fifty megawatts or more.  The commission may order electrical corporations to submit similar tariffs to reasonably ensure that the rates of customers who are reasonably projected to have annual peak demands below the above-referenced levels will reflect the customers' representative share of the costs incurred to serve the customers and prevent other customer classes' rates from reflecting any unjust or unreasonable costs arising from service to such customers.

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(RSMo 1939 § 5645, A. 1949 H.B. 2165, A.L. 1967 p. 578, A.L. 1969 H.B. 24, A.L. 2002 H.B. 1635, A.L. 2025 S.B. 4)

Prior revisions: 1929 § 5189; 1919 § 10477

*Section 393.285 was repealed by H.B. 145, 1999.

Notes of Decisions
Cited in 29 cases, 1951–2020 · leading case: State Ex Rel. Util. Consumers Council of Missouri, Inc. v. Pub. Serv. Comm'n, 585 S.W.2d 41 (Mo. 1979).
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State Ex Rel. Util. Consumers Council of Missouri, Inc. v. Pub. Serv. Comm'n, 585 S.W.2d 41 (Mo. 1979). · cites it 24× “" In oral argument, they admitted that it was hard to find specific sections authorizing an FAC, but that we should approve it on the basis of §§ 393.130, 393.140, and 393.270, and through application of the principle that where an agency is given broad supervisory authority,…”
Missouri Pub. Serv. Comm'n v. Off. of Pub. Couns., 526 S.W.3d 253 (Mo. Ct. App. 2017). · cites it 32× “In adopting PSC Staffs three-district consolidation plan, the Commission’s Report and Order rejected the argument that section 393.130 requires the use of district-specific pricing and forbids the use of single-tariff pricing or consolidated tariff pricing.”
Reinhold v. Fee Fee Trunk Sewer, Inc., 664 S.W.2d 599 (Mo. Ct. App. 1984). · cites it 13× “’s sale of revenue bonds, and plaintiffs’ payment of a surcharge on their bills to pay for the bonds in contravention of Section 393.130 RSMo 1978. 1 The prayer was for a constructive trust of $11 million as to the contributions in aid of construction, an action in equity for…”
Laclede Gas Co. v. Hampton Speedway Co., 520 S.W.2d 625 (Mo. Ct. App. 1975). · cites it 6× “The motions urged that: (1) None of the counts of the third amended petition meets the “requisites” of § 393.130, RSMo. 1969, V.A.M.S., which requires that the rates attempted to be charged “have been allowed by order or decision of the Missouri Public Service Commission or that…”
State ex rel. City of Cape Girardeau v. Pub. Serv. Comm'n, 567 S.W.2d 450 (Mo. Ct. App. 1978). · cites it 8× “The city bases its claim of discrimination on § 393.130(3), RSMo 1969: “No . . . electrical corporation .”
State Ex Rel. Marco Sales, Inc. v. Pub. Serv. Comm'n, 685 S.W.2d 216 (Mo. Ct. App. 1984). · cites it 4× “, one of its dealers (hereinafter collectively referred to as Marco), filed a formal complaint with the Commission charging that Laclede was in violation of § 393.130, RSMo 1978, by its unilateral promulgation of a surcharge on gas customers utilizing electric add-on heat pumps…”
Deaconess Manor Ass'n v. Pub. Serv. Comm'n, 994 S.W.2d 602 (Mo. Ct. App. 1999). · cites it 3× “140(H), 7 and (2) that such misclassification resulted in overcharges and disparate treatment of Orchard House in comparison to other similar projects, in violation of § 393.130. 8 It alleged that, based on Paragraph 4 of Union Electric’s rate classification, the…”
State Ex Rel. Ashcroft v. Pub. Serv. Comm'n, 674 S.W.2d 660 (Mo. Ct. App. 1984). · cites it 3× “Section 393.130, RSMo 1978 expressly forbids rate discrimination among customers of gas, electrical, water or sewer corporations for like and contemporaneous service under the same or substantially similar circumstances or conditions.”
State Ex Rel. Missouri Water Co. v. Pub. Serv. Comm'n, 308 S.W.2d 704 (Mo. 1957). · cites it 3× “1, requires that all charges made by any water company for water furnished shall be “just and reasonable and not more than allowed by law or by order or decision of the commission.”
State ex rel. Off. of the Pub. Couns. v. Pub. Serv. Comm'n, 367 S.W.3d 91 (Mo. Ct. App. 2012). · cites it 3× “OPC’s second point claims the PSC erred because the substantive order is “unlawful” in that it subjects customers within each rate class who “use lower[-]than[-] average amounts of natural gas to undue and unreasonable prejudice and disadvantage!,]” in violation of sections…”
Laclede Gas Co. v. Solon Gershman, Inc., 539 S.W.2d 574 (Mo. Ct. App. 1976). · cites it 3× “130, RSMo 1969 provides in subsection (2) that: “No gas corporation * * * shall directly or indirectly by any special rate, rebate, drawback or other device or methods, charge, demand, collect or receive from any person or corporation a greater or less compensation for gas, * *…”
DeMaranville v. Fee Fee Trunk Sewer, Inc., 573 S.W.2d 674 (Mo. Ct. App. 1978). · cites it 2× “50 per customer semi-annually, but, obviously, that is in error; the difference between $29.00 and $25.50 is $3.50). Plaintiffs have styled their cause in seven somewhat desultory counts: discriminatory, unjust and unreasonable rate charges in violation of § 393.”
Show all 29 citing cases →
Mo. Rev. Stat. § 393.130(1): 3 cases
Reinhold v. Fee Fee Trunk Sewer, Inc., 664 S.W.2d 599 (Mo. Ct. App. 1984). “’s sale of revenue bonds, and plaintiffs’ payment of a surcharge on their bills to pay for the bonds in contravention of Section 393.130 RSMo 1978. 1 The prayer was for a constructive trust of $11 million as to the contributions in aid of construction, an action in equity for…”
State Ex Rel. Valley Sewage Co. v. Pub. Serv. Comm'n, 515 S.W.2d 845 (Mo. Ct. App. 1974).
Nat'l Food Stores, Inc. v. Union Elec. Co., 494 S.W.2d 379 (Mo. Ct. App. 1973).
Mo. Rev. Stat. § 393.130(3): 4 cases
State ex rel. City of Cape Girardeau v. Pub. Serv. Comm'n, 567 S.W.2d 450 (Mo. Ct. App. 1978). “The city bases its claim of discrimination on § 393.130(3), RSMo 1969: “No . . . electrical corporation .”
Reinhold v. Fee Fee Trunk Sewer, Inc., 664 S.W.2d 599 (Mo. Ct. App. 1984). “’s sale of revenue bonds, and plaintiffs’ payment of a surcharge on their bills to pay for the bonds in contravention of Section 393.130 RSMo 1978. 1 The prayer was for a constructive trust of $11 million as to the contributions in aid of construction, an action in equity for…”
Deaconess Manor Ass'n v. Pub. Serv. Comm'n, 994 S.W.2d 602 (Mo. Ct. App. 1999). “140(H), 7 and (2) that such misclassification resulted in overcharges and disparate treatment of Orchard House in comparison to other similar projects, in violation of § 393.130. 8 It alleged that, based on Paragraph 4 of Union Electric’s rate classification, the…”
Nat'l Food Stores, Inc. v. Union Elec. Co., 494 S.W.2d 379 (Mo. Ct. App. 1973).
Mo. Rev. Stat. § 393.130(4): 1 case
State Ex Rel. Util. Consumers Council of Missouri, Inc. v. Pub. Serv. Comm'n, 585 S.W.2d 41 (Mo. 1979). “" In oral argument, they admitted that it was hard to find specific sections authorizing an FAC, but that we should approve it on the basis of §§ 393.130, 393.140, and 393.270, and through application of the principle that where an agency is given broad supervisory authority,…”
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