Public Utilities: Infrastructure-Replacement Surcharges-Replacement Costs-Statutory Authority

Where the Office of Public Counsel challenged the Public Service Commission’s finding that it did not have statutory authority to order the utility to issue refunds of ineligible infrastructure system-replacement surcharges, and a gas utility argued that the commission erred in disallowing infrastructure system-replacement surcharges, the commission had the statutory authority to order issuance of the refund, so that part of the order is reversed, but the utility did not show that the calculation of the surcharge was unlawful, unreasonable, arbitrary or capricious or unsupported by substantial and competent evidence, and the commission did not deny the utility its due process right to have a full and fair hearing.

Judgment is affirmed in part; reversed in part; remanded.

In the Matter of the Application of Laclede Gas Company v. Public Service Commission (MLW No. 74163/Case No. WD82199 – 23 pages) (Missouri Court of Appeals, Western District, Chapman, J.) Appealed from the Public Service Commission (Marc Poston,  John Clizer and Lera Shemwell, Jefferson City, for appellant) (Shelley Brueggemann, Jennifer Heintz, Kevin Thompson and Curtis Stokes, Jefferson City; Michael Pendegast, St. Charles;  Jeremiah Nixon, Gabriel Gore and John Rehmann II, St. Louis; and Rick Zucker, Chesterfield, for respondents).