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Public Utilities: Rate Increase-“Small Utility”

Where resort properties challenged the Public Service Commission’s approval of water and sewer utility rate increases for a public water and sewer corporation, there are alternative procedures for utilities to initiate rate-increase proceedings, so the commission’s report was lawful and the commission was authorized to order new rates at the conclusion of the small utility rate case procedure, and the judgment is affirmed because the corporation qualified as a small utility, and the commission did not abuse its discretion by striking references to a settlement offer from rebuttal testimony or in denying the  motion to strike surrebuttal testimony as a discovery sanction.

Judgment is affirmed.

In the Matter of the Application of Rate Increase Request for Liberty Utilities v. Public Service Commission (MLW No. 74159/Case No. WD82532 – 20 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.) Appealed from the Public Service Commission (Paul A. Boudreau, Jefferson City, for respondent) (Joshua K. Harden, Kansas City, Missouri, and Alexander C. Barrett, Jefferson City,  for appellants) (Curt Stokes, Jefferson City, for Public Service Commission).