393.170. Approval of incorporation and franchises — certificate. — 1. No gas corporation, electrical corporation, water corporation or sewer corporation shall begin construction of a gas plant, electric plant, water system or sewer system, other than an energy generation unit that has a capacity of one megawatt or less, without first having obtained the permission and approval of the commission.
2. No such corporation shall exercise any right or privilege under any franchise hereafter granted, or under any franchise heretofore granted but not heretofore actually exercised, or the exercise of which shall have been suspended for more than one year, without first having obtained the permission and approval of the commission. Before such certificate shall be issued a certified copy of the charter of such corporation shall be filed in the office of the commission, together with a verified statement of the president and secretary of the corporation, showing that it has received the required consent of the proper municipal authorities.
3. The commission shall have the power to grant the permission and approval herein specified whenever it shall after due hearing determine that such construction or such exercise of the right, privilege or franchise is necessary or convenient for the public service. The commission may by its order impose such condition or conditions as it may deem reasonable and necessary. Unless exercised within a period of two years from the grant thereof, authority conferred by such certificate of convenience and necessity issued by the commission shall be null and void.
Notes of Decisions
State Ex Rel. Cass Cnty. v. Pub. Serv. Comm'n, 259 S.W.3d 544 (Mo. Ct. App. 2008).
· cites it 34× “While conceding that utilities are required to seek such approval prior to construction, Aquila and the PSC now urge that the PSC has the power to grant construction approval even after the plant has been built.”
StopAquila. Org v. Aquila, Inc., 180 S.W.3d 24 (Mo. Ct. App. 2005).
· cites it 12× “Section 393.170 and Harline Aquila argues, because it comes within the section 64.”
State Ex Rel. Harline v. Pub. Serv. Comm'n, 343 S.W.2d 177 (Mo. Ct. App. 1960).
· cites it 20× “No * ⅝ * electrical corporation * * * shall begin construction of a * * * electric plant * * * without first having obtained the permission and approval of the commission.”
Osage Water Co. v. City of Osage Beach, 108 S.W.3d 751 (Mo. Ct. App. 2003).
· cites it 12× “The trial court held that it would violate public policy to allow Osage Water to ignore the requirements of Section 393.170, and then recover damages and take advantage of the court’s equitable powers.”
Empire Dist. Elec. Co. v. Cox, 588 S.W.2d 263 (Mo. Ct. App. 1979).
· cites it 8× “pursuant to § 393.170, and exercised within a period of two years from the grant thereof, become null and void after two years? Or, stated another way, does § 393.”
State Ex Rel. Pub. Water Supply Dist. No. 2 of Jackson Cnty. v. Burton, 379 S.W.2d 593 (Mo. 1964).
· cites it 11× “Here, the circuit court concluded that proper interpretation of the 1925 order of the Commission required that it be limited by the provisions of Section 393.170, RSMo 1959, V.A.M.S. Such determination presents a question of law, not of fact, for review.”
State ex rel. Doniphan Tel. Co. v. Pub. Serv. Comm'n, 377 S.W.2d 469 (Mo. Ct. App. 1964).
· cites it 8× “has its counterpart in Section 393.170 V.A.M.S., contained in Chapter 393 of the Public Service Commission Law specially applicable to gas, electrical and water companies.”
State ex rel. Ozark Elec. Coop. v. Pub. Serv. Comm'n, 527 S.W.2d 390 (Mo. Ct. App. 1975).
· cites it 5× “Section 393.170, RSMo 1969, empowered the Commission with authority to issue the controversial certificate of authority if, “after due hearing”, it determined that such was “necessary or convenient for the public service”.”
City of Blue Springs v. Cent. Dev. Ass'n, 684 S.W.2d 44 (Mo. Ct. App. 1984).
· cites it 2× “” The commission further noted § 393.170 RSMo which requires application by the company to obtain a certificate of public convenience and necessity to dispense water to the public.”
State Ex Rel. Pub. Water Supply Dist. No. 8 v. Pub. Serv. Comm'n, 600 S.W.2d 147 (Mo. Ct. App. 1980).
· cites it 2× “The order in the instant case is found to have been authorized by the statutory law of our state under Chapter 393, RSMo 1978 and more specifically under § 393.170(3), RSMo 1978, which reads: “The Commission shall have the power to grant the permission (to construct and operate…”
Mo. Rev. Stat. § 393.170(2): 1 case
Mo. Rev. Stat. § 393.170(3): 2 cases
Empire Dist. Elec. Co. v. Cox, 588 S.W.2d 263 (Mo. Ct. App. 1979).
“pursuant to § 393.170, and exercised within a period of two years from the grant thereof, become null and void after two years? Or, stated another way, does § 393.”
State Ex Rel. Pub. Water Supply Dist. No. 8 v. Pub. Serv. Comm'n, 600 S.W.2d 147 (Mo. Ct. App. 1980).
“The order in the instant case is found to have been authorized by the statutory law of our state under Chapter 393, RSMo 1978 and more specifically under § 393.170(3), RSMo 1978, which reads: “The Commission shall have the power to grant the permission (to construct and operate…”
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