393.270. Notice and hearing — order fixing price of gas, water, electricity or sewer service, or requiring improvement. — 1. Before proceeding under a complaint presented as provided in sections 393.110 to 393.285, the commission shall cause notice of such complaint, and the purpose thereof, to be served upon the person or corporation affected thereby. Such person or corporation shall have an opportunity to be heard in respect to the matters complained of at a time and place to be specified in such notice. An investigation may be instituted by the commission as to any matter of which complaint may be made as provided in sections 393.110 to 393.285, or to enable it to ascertain the facts requisite to the exercise of any power conferred upon it.
2. After a hearing and after such investigation as shall have been made by the commission or its officers, agents, examiners or inspectors, the commission within lawful limits may, by order, fix the maximum price of gas, electricity, water or sewer service not exceeding that fixed by statute to be charged by such corporation or person, for the service to be furnished; and may order such improvement in the manufacture, distribution or supply of gas, in the manufacture, transmission or supply of electricity, in the distribution or supply of water, in the collection, carriage, treatment and disposal of sewage, or in the methods employed by such persons or corporation as will in its judgment be adequate, just and reasonable.
3. The price fixed by the commission under sections 393.110 to 393.285 shall be the maximum price to be charged by such corporation or person for gas, electricity or water for the service to be furnished within the territory and for a period to be fixed by the commission in the order, not exceeding three years, except in the case of a sliding scale, and thereafter until the commission shall, upon its own motion or upon the complaint of any corporation or person interested, fix a higher or lower maximum price of gas, electricity, water or sewer service to be thereafter charged.
4. In determining the price to be charged for gas, electricity, or water the commission may consider all facts which in its judgment have any bearing upon a proper determination of the question although not set forth in the complaint and not within the allegations contained therein, with due regard, among other things, to a reasonable average return upon capital actually expended and to the necessity of making reservations out of income for surplus and contingencies.
5. In determining the price to be charged for sewer service the commission may consider all facts which in its judgment have any bearing upon a proper determination of the question although not set forth in the complaint and not within the allegations contained therein, with due regard, among other things, to a reasonable average return upon the value of the property actually used in the public service and to the necessity of making reservations out of income for surplus and contingencies.
Notes of Decisions
State Ex Rel. Util. Consumers Council of Missouri, Inc. v. Pub. Serv. Comm'n, 585 S.W.2d 41 (Mo. 1979).
· cites it 25× “Section 393.270 empowers the commission to investigate matters about which complaint may be made, or to investigate to ascertain facts necessary to the exercise of its powers and to fix maximum rates after hearing and investigation upon consideration of all relevant factors.”
State Ex Rel. Jackson Cnty. v. Pub. Serv. Comm'n, 532 S.W.2d 20 (Mo. 1976).
· cites it 38× “18,180 is reversed for noncompliance *22 with Section 393.270, V.A.M.S. 2. Alternatively said report and order is reversed and the proceeding remanded to respondent for consideration and determination of relators' application for rehearing in compliance with Sections 386.”
State Ex Rel. Valley Sewage Co. v. Pub. Serv. Comm'n, 515 S.W.2d 845 (Mo. Ct. App. 1974).
· cites it 29× “In advancing the common theme embraced in its first, second and third grounds, the Company relies on subsection 5 of Section 393.270, RSMo 1969, V.A.M. S., which reads as follows: “5.”
State Ex Rel. Missouri Water Co. v. Pub. Serv. Comm'n, 308 S.W.2d 704 (Mo. 1957).
· cites it 6× “In arriving at this conclusion, we have given careful consideration to the statutes of this State, particularly Chapter 393 and Paragraph 4,, Section 393.270, RSMo., that paragraph reading as follows: “ ‘In determining the price to be charged for gas, electricity or water the…”
State Ex Rel. Pub. Couns. v. PUB. Serv. COMM'N, 274 S.W.3d 569 (Mo. Ct. App. 2009).
· cites it 3× “After a hearing and after such investigation as shall have been made by the commission or its officers, agents, examiners or inspectors, the commission within lawful limits may, by order, fix the maximum price of gas, electricity, water or sewer service not exceeding that fixed…”
State Ex Rel. AG Processing, Inc. v. Pub. Serv. Comm'n, 276 S.W.3d 303 (Mo. Ct. App. 2008).
· cites it 2× “The Court in Utility Cmsumers’ Council, explained that the PSC, in determining rates under section 393.270, “may consider past excess recovery insofar as this is relevant to its determination of what rate is necessary to provide a just and reasonable return in the future, and so…”
State Ex Rel. Associated Nat. Gas Co. v. Pub. Serv. Comm'n, 706 S.W.2d 870 (Mo. Ct. App. 1985).
· cites it 2× “Again, without citation of authority, the Company argues the underscored language of section 393.270(4) prohibits the consideration of finances of any company other than the applicant for a rate increase: 4.”
State Ex Rel. Missouri Off. of the Pub. Couns. v. Pub. Serv. Comm'n, 293 S.W.3d 63 (Mo. Ct. App. 2009).
· cites it 2× “According to OPC, once MGE replaced the Infini-um software as its primary program, Infi-nium was no longer used to provide service to MGE customers and the company is disallowed from recovering any remaining Infmium costs.”
State ex rel. Off. of the Pub. Couns. v. Pub. Serv. Comm'n of Missouri, 858 S.W.2d 806 (Mo. Ct. App. 1993).
· cites it 3× “Ill As his third point on appeal, the Public Counsel claims that the Commission’s Report and Order constitutes single-issue rate making in violation of section 393.270, RSMo 1986. The Commission must consider all relevant factors, including all operating expenses and the…”
State Ex Rel. Dyer v. Pub. Serv. Comm'n, 341 S.W.2d 795 (Mo. 1961).
“’ * * * Consequently, we must and do hold that in determining the price to be charged for (in this instance) water (§ 393.270, Par. 4) the fair 'value of the property’ of the water company which the Commission is empowered to ascertain under § 393.”
Mo. Rev. Stat. § 393.270(1): 2 cases
State Ex Rel. Util. Consumers Council of Missouri, Inc. v. Pub. Serv. Comm'n, 585 S.W.2d 41 (Mo. 1979).
“Section 393.270 empowers the commission to investigate matters about which complaint may be made, or to investigate to ascertain facts necessary to the exercise of its powers and to fix maximum rates after hearing and investigation upon consideration of all relevant factors.”
State Ex Rel. Jackson Cnty. v. Pub. Serv. Comm'n, 532 S.W.2d 20 (Mo. 1976).
“18,180 is reversed for noncompliance *22 with Section 393.270, V.A.M.S. 2. Alternatively said report and order is reversed and the proceeding remanded to respondent for consideration and determination of relators' application for rehearing in compliance with Sections 386.”
Mo. Rev. Stat. § 393.270(2): 2 cases
State Ex Rel. Util. Consumers Council of Missouri, Inc. v. Pub. Serv. Comm'n, 585 S.W.2d 41 (Mo. 1979).
“Section 393.270 empowers the commission to investigate matters about which complaint may be made, or to investigate to ascertain facts necessary to the exercise of its powers and to fix maximum rates after hearing and investigation upon consideration of all relevant factors.”
Mo. Rev. Stat. § 393.270(3): 3 cases
State Ex Rel. Jackson Cnty. v. Pub. Serv. Comm'n, 532 S.W.2d 20 (Mo. 1976).
“18,180 is reversed for noncompliance *22 with Section 393.270, V.A.M.S. 2. Alternatively said report and order is reversed and the proceeding remanded to respondent for consideration and determination of relators' application for rehearing in compliance with Sections 386.”
State Ex Rel. Util. Consumers Council of Missouri, Inc. v. Pub. Serv. Comm'n, 585 S.W.2d 41 (Mo. 1979).
“Section 393.270 empowers the commission to investigate matters about which complaint may be made, or to investigate to ascertain facts necessary to the exercise of its powers and to fix maximum rates after hearing and investigation upon consideration of all relevant factors.”
Mo. Rev. Stat. § 393.270(4): 4 cases
State Ex Rel. Util. Consumers Council of Missouri, Inc. v. Pub. Serv. Comm'n, 585 S.W.2d 41 (Mo. 1979).
“Section 393.270 empowers the commission to investigate matters about which complaint may be made, or to investigate to ascertain facts necessary to the exercise of its powers and to fix maximum rates after hearing and investigation upon consideration of all relevant factors.”
State Ex Rel. Associated Nat. Gas Co. v. Pub. Serv. Comm'n, 706 S.W.2d 870 (Mo. Ct. App. 1985).
“Again, without citation of authority, the Company argues the underscored language of section 393.270(4) prohibits the consideration of finances of any company other than the applicant for a rate increase: 4.”
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