Missouri Court of Appeals, Western District / Nov 19, 2019
In the Matter of the Petition of Missouri-American Water Company for Approval to Establish and Infrastructure System Replacement Surcharge (ISRS) vs. Public Service Commission of Missouri
Missouri-American Water Company (MAWC) appealed an order from the Public Service Commission of Missouri concerning its Infrastructure System Replacement Surcharge (ISRS). MAWC argued the Commission erred by not including a deferred tax asset, related to a net operating loss (NOL), in the ISRS calculation, claiming the order was unreasonable and unlawful. The appellate court affirmed the Commission's order, finding its determination that no NOL was incurred during the relevant period was supported by substantial evidence and that its order was not unlawful.