Administrative: Water Company-Variance from Tariff

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The office of public counsel appealed the public service commission’s order that granted a joint application filed by a developer and a water company for a variance from the company’s tariff pertaining to funding and deadlines for water main extensions. Although commission staff recommended denying the variance on grounds that the commission lacked authority to grant tariff variances, the commission granted the application, finding that good cause existed for the variance and that it had authority to grant it.

Where a public utility’s schedule of rates and charges took the force of law once published with the commission, that schedule became binding and could only be modified by a new or supplementary schedule, such that the commission lacked the authority to make exceptions to tariffs absent provisions in the tariff permitting the commission to do so.

Judgment is reversed.

In the Matter of the Joint Application of Missouri-American Water Company and DCM Land, LLC (MLW No. 80390/Case No. SC99978 – 9 pages) (Supreme Court of Missouri, Fischer, J.) Appealed from the Missouri Public Service Commission (Lindsay Van Gerpen, Jefferson City, for appellant) (Jennifer Heintz and Carrie Bumgarner, Jefferson City; Sue A. Shultz, Anthony J. Soukenik and Timothy C. Sansone, St. Louis; and Katrina L. Smeltzer, Kansas City, for respondents)