Senate Committee Substitute

SCS/SB 179 - This act pertains to cost recovery for utility companies.

The change made to the committee substitute involved adding language that would subject the rules promulgated by the PSC, with regard to the hearing process for the cost recovery detailed in the act, to the provisions of Chapter 536, RSMo.

The act allows electric, gas, or water corporations to apply for alternate regulation plans before the Public Service Commission, provided they do so in connection with a general rate case, complaint proceeding, or unless the utility has been expressly permitted to do so by the commission.

The utilities may make such an application for incentive or performance based rate regulation plans not more than once annually. The commission shall have the power, after a full hearing and consideration of all facts relevant to the application, to approve or reject the proposed plan.

The utilities may make such an application for alternate rate regulation based on customer usage or costs prudently incurred for fuel and purchased power and costs related to environmental compliance. The utilities may make such an application not more than twice annually. The commission shall have the power, after a full hearing and consideration of all facts relevant to the application, to approve, modify, or reject the proposed rate schedules.

Once a utility employs one of the cost recovery mechanisms for fuel purchases and environmental compliance, it must continue to utilize that mechanism unless the commission authorizes the modification, extension or discontinuance of such mechanism. The authorization from the commission to that effect shall be made in the context of a general rate proceeding or complaint proceeding.

Unless an application detailed in this act is submitted within a rate case or complaint proceeding, the commission shall issue a decision no later than one hundred twenty days from the date of the filing. With respect to any adjustment mechanism authorized under the sections in this act, the commission shall promulgate rules with regard to the submission, frequency, examination, hearing and approval of such adjustments. Such rules shall be promulgated no later than one hundred fifty days after the initiation of such a rulemaking proceeding and shall abide by the provisions of Chapter 536, RSMo.

Nothing in the act shall be construed to affect any existing adjustment mechanism, rate schedule, tariff, incentive plan or other ratemaking mechanism currently approved and in effect.

MEGAN WORD


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