State ex rel. MoGas Pipeline LLC v. Public Service Commission

GARY D. WITT, Judge.

This appeal involves the question of whether a utility can bring a challenge to the lawfulness and constitutionality of tariffs after those tariffs have already been interpreted in an agency order in an earlier action. Because we determine that the lawsuit in this case constitutes a collateral attack on an agency order, we affirm.

Factual and Procedural History

The question in this ease is whether MoGas Pipeline Inc. (“MoGas”), which owns entities that at one time were subject to regulation by the Public Service Commission (“Commission”), properly and timely brought a…