Books and Records

PURPOSE: This rule provides for the keeping of certain public util ity accounts, records, memoranda, books and papers required by law and prescribes conditions upon which any part of the books and records may be removed from, or kept outside, the state. (1) This rule applies to every public utility, as defined in sec tion 386.020, RSMo, and to all persons employed by the public utilities. (2) Every public utility shall have an office in this state in which its accounts, records, memoranda, books and papers carried in pursuance of a statute of this state or rules of this commission shall be kept, except as provided in this rule. Accounts, records, memoranda, books and papers carried in pursuance to the requirements of law mean the general records of the utility carried in pursuance of a statute of this state or the rules of this commission. All general records shall be kept in a fireproof place. No accounts, records, memoranda, books and papers, at any time, shall be removed from or kept outside the state except upon conditions as are prescribed. (3) The following denotes the conditions under which any part of the accounts, records, memoranda, books and papers will be permitted to be removed from their domicile in this state, or kept outside the state, if domiciled in another state and doing business in Missouri: (A) Every public utility doing business in Missouri shall maintain and keep accounts, records, memoranda, books and papers in conformity with the rules prescribed by this com mission; (B) If a public utility should desire to remove its general records from its office in this state, it shall notify the commis sion of any such intention thirty (30) days in advance of the removal, setting forth the exact address of the general office where the general records will be kept; (C) If a public utility doing business in Missouri maintains its general records outside the state, the utility shall notify the commission, in writing, thirty (30) days in advance of any relocation, setting forth the exact address of the general office where the general records will be kept; (D) Every public utility or its successors or assigns shall hold itself ready and willing to produce any of its books and records to the commission at any time the commission shall so order or request, and shall permit the commission, or any of its officers or employees, to inspect these accounts, records, memoranda, books and papers; (E) Every public utility shall permit the commission, or any of its officers or employees, to examine and inspect any of the accounts, records, memoranda, books and papers at any reasonable time at the office where these accounts, records, memoranda, books and papers are kept, the same as if the books and papers were kept within Missouri; (F) If the commission deems it necessary to send one (1) or more of its officers or employees to examine any of the ac counts, records, memoranda, books and papers of the public utility at the office where these books and records are kept, this being an extraordinary function of regulation not ordinarily contemplated in intrastate regulations of utilities, which are normally domiciled in Missouri and keep their books in this state, all reasonable expenses incurred by the officers and em ployees, if so ordered by the commission, shall be borne and paid by the public utility; provided, however, that before any such expense shall be incurred by the commission, the public utility shall be given reasonable notice to produce its accounts, records, memoranda, books and papers designated by the commission for inspection and examination of the commission or its officers and employees, at the office of the commission at Jefferson City, Missouri, or at an office of the public utility in Missouri, or at such other point in Missouri, as may be mutually agreed, in which case the public utility also shall make avail able at that place, at the time of the examination, a person(s), who is acquainted with the records; (G) Every public utility, upon removal of any of its general records from Missouri, to an office in another state, shall keep the general records as are maintained in its office in the desig nated sister state, relative to its business operations in Missouri, in a fireproof place, when stored or not in use, or in the alterna tive, provide an original, duplicate or true copy of the records, which shall be kept in a fireproof place in one (1) of its offices in Missouri; and (H) All public utilities shall file with the secretary of the Public Service Commission, if they have not previously done so, and include in their annual report, the address of the office(s) in which its general records are kept. AUTHORITY: section 393.140, RSMo 1986.* This rule originally filed as 4 CSR 240-10.010. This version of rule filed Dec. 19, 1975, effec tive Dec. 29, 1975. Amended: Filed May 17, 1988, effective Oct. 27, 1988. Moved to 20 CSR 4240-10.010, effective Aug. 28, 2019. *Original authority: 393.140, RSMo 1939, amended 1947, 1967. State ex rel Kansas City Transit, Inc. v. Public Service Commission, 406 SW2d 5 (Mo. banc 1966). Commission is an administrative body of powers limited to those expressly granted by statute or necessary or proper to effectuate statutory purpose. Commission’s authority to regulate does not include right to dic tate manner in which company conducts its business.