Filing Requirements and Schedule of Fees for Applications for Approval of Electric Service Territorial Agreements and Petitions for Designation of Electric Service Areas

PURPOSE: This rule establishes requirements and schedule of fees that applications to the commission for approval of territorial agreements between electric service providers and petitions for designation of electric service areas must meet. As noted in the rule, additional requirements pertaining to such applications are set forth in 4 CSR 240-2.060(1). (1) In addition to the requirements of 4 CSR 240-2.060(1), applications for commission approval of territorial agreements and petitions for designation of electric service areas shall include: (A) A copy of the proposed territorial agreement and a specific designation of the requested boundaries, including maps showing the requested boundaries and a schedule of the applicable Townships, Ranges and Sections, by county. If the requested boundary cannot reliably be ascertained from the information supplied by the applicant, such applicant shall provide additional information as requested by the commission or its staff, if necessary, including the legal description of the area that is the subject of the application or petition; (B) A list of other electric utilities that serve in the affected area(s), if any; (C) An illustrative tariff which reflects any changes in a regulated utility’s operations or certification; (D) An explanation as to why the territorial agreement is not detrimental to the public interest or the proposed electric service area designation(s) is in the public interest; and (E) A list of all persons and structures whose utility service would be changed by the proposed agreement at the time of filing. (2) If any of the information required by subsections (1)(A)–(E) of this rule is unavailable at the time the application is filed, the application must be accompanied by a statement of the reasons the information is currently unavailable and a date by which it will be furnished. All required information shall be furnished prior to the granting of the authority sought. (3) The application or petition shall be accompanied by an initial filing fee in the amount of five hundred dollars ($500). (4) An application for commission review of proposed amendment(s) to an existing territorial agreement between electric service providers shall not be subject to the fee of five hundred dollars ($500). However, the applicants shall be responsible for the payment of a fee which reflects necessary hearing time (including the minimum hearing time charge) and the transcript costs as specified in section (5) of this rule. (5) In addition to the filing fee, the fee for commission review is set at six hundred eighty-five dollars ($685) per hour of hearing time, subject to a minimum charge for hearing time of six hundred eighty-five dollars ($685). There is an additional charge of three dollars and fifty cents ($3.50) per page of transcript. These fees are in addition to the fees authorized by section 386.300, RSMo. (6) The parties shall be responsible for payment of any unpaid fees on and after the effective date of the commission’s report and order relating to the electric territorial agreement or petition for designation of service areas. The executive director shall send an itemized billing statement to the applicants on or after the effective date of the commission’s report and order. Responsibility for payment of the fees shall be that of the parties to the proceeding as ordered by the commission in each case. (7) On July 1 of each year, the filing fee and the fee per hour of evidentiary hearing time may be modified to match any percentage change in the Consumer Price Index for the twelve (12)-month period ending December 31 of the preceding year. AUTHORITY: sections 386.250 and 394.312, RSMo 2000.* This rule originally filed as 4 CSR 240-3.130. Original rule filed Aug. 16, 2002, effective April 30, 2003. Amended: Filed Feb. 24, 2005, effective Oct. 30, 2005. Moved to 20 CSR 4240-3.130, effective Aug. 28, 2019. *Original authority: 386.250, RSMo 1939, amended 1963, 1967, 1977, 1980, 1987, 1988, 1991, 1993, 1995, 1996; and 394.312, RSMo 1988, amended 1989.