Missouri Public Service Commission and Dogwood Energy Missouri Cases

Kansas City Power & Light and KCP&L Greater Missouri Operations Company appealed a rulemaking order from the Public Service Commission (PSC) that promulgated new regulations for Certificates of Convenience and Necessity (CCNs). The Companies argued the PSC exceeded its statutory authority and that the accompanying fiscal note was deficient. The Missouri Supreme Court affirmed the PSC's order, holding that the PSC acted within its statutory authority in defining "asset" and "construction" for CCN requirements, and that the fiscal note complied with statutory mandates.

Kansas City Power & Light and KCP&L Greater Missouri Operations Company appealed an Order of Rulemaking by the Public Service Commission, which adopted a new rule concerning certificates of convenience and necessity for electric utilities. The appellants argued the rule exceeded the PSC's statutory authority. The appellate court agreed, holding that the PSC lacked authority to require CCNs for the operation of an asset, certain improvements or rebuilds of existing assets, and out-of-state gas transmission lines. Consequently, the court vacated the Order of Rulemaking in its entirety.