Plaintiff appealed from defendant’s orders, which ordered relocation proceeds from the sale of one of plaintiff’s facilities be used to reduce rates after plaintiff moved to a more expensive facility, denied plaintiff half of its rate-case operating expenses, and eliminated $28.8 million of plaintiff’s pension asset after finding that it was a pension liability.
Where plaintiff failed to seek regulatory approval prior to sale of facility that was still necessary and useful, regulatory body did not engage in impermissible retroactive rate making by using proceeds of sale to reduce plaintiff’s rates because there was no correction of disparity between rates and expenses.
Judgment is affirmed.
Spire Missouri Inc. v. Public Service Commission (MLW No. 72928/Case No. SD35485 and SD35549 – 27 pages) (Missouri Court of Appeals, Southern District, Francis Jr., J.) Appealed from Public Service Commission (Rick Zucker for appellant) (Shelley Syler for respondent)