Office of Public Counsel Missouri Cases

The Office of Public Counsel appealed an order from the Public Service Commission that granted Missouri-American Water Company and DCM Land, LLC, variances from the Water Company's tariff provisions regarding water main extensions. The variances would have shifted cost responsibility from the developer, DCM, to the Water Company. The Missouri Supreme Court reversed the Commission's order, holding that the Commission lacked statutory authority to grant such variances because the tariff itself did not contain explicit language allowing for exceptions or departures from its rules. The case was remanded for the Commission to enter an order consistent with the opinion.

Missouri-American Water Company and DCM Land, LLC, jointly applied to the Public Service Commission for variances from the Water Company's tariff provisions concerning water main extensions. The Office of Public Counsel opposed the variances, arguing the Commission lacked authority, good cause was absent, and the variances were unduly discriminatory. The Commission granted the variances, and Public Counsel appealed. The appellate court affirmed the Commission's order, holding that the Commission had statutory authority to grant tariff variances, good cause existed for the specific variances, and the variances were not unduly discriminatory.