Legal Opinion

State ex rel. Union Electric Co. v. Public Service Commission

Missouri Court of Appeals

Decided November 1, 1988No. WD 40289PublishedCited by 6 opinions

1Opinion of the Court

GAITAN, Judge.

This appeal is to determine the lawfulness and reasonableness of an order by the Missouri Public Service Commission (Commission) prohibiting recovery of approximately $106 million of Union Electric’s investment in a cancelled nuclear power plant, Callaway II. The Commission concluded that Union Electric must bear the risk of loss to its shareholders for forfeiture of its investments. Additionally, the Commission concluded that because Calla-way I and II were joint projects, these investors have received some return on their investment from the success of Calla-way I. The order…

2Cases cited17 opinions

  1. State Ex Rel. Utility Consumers Council of Missouri, Inc. v. Public Service CommissionSupreme Court of Missouri · 1979
  2. Citizens Action Coalition of Indiana, Inc. v. Northern Indiana Public Service Co.Indiana Supreme Court · 1985
  3. Barasch v. Pennsylvania Public Utility CommissionSupreme Court of Pennsylvania · 1987
  4. Office of Consumers' Counsel v. Public Utilities CommissionOhio Supreme Court · 1981
  5. Attorney General v. Department of Public UtilitiesMassachusetts Supreme Judicial Court · 1983

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3Cited by6 opinions

  1. State Ex Rel. Missouri Office of the Public Counsel v. Public Service CommissionMissouri Court of Appeals · 2009
  2. State ex rel. Missouri Office of the Public Counsel v. Missouri Public Service CommissionMissouri Court of Appeals · 1990
  3. In the Matter of the Petition of Missouri-American Water Company for Approval to Establish and Infrastructure System Replacement Surcharge (ISRS) v. Public Service Commission of MissouriMissouri Court of Appeals · 2019
  4. In the matter of the petition of the Empire District Electric Company d/b/a Liberty to obtain a Financing Order that Authorizes the Issuance of Securitized Utility Tariff Bonds for Qualified Extraordinary Costs and In the matter of the Petition of the Empire District Electric Company d/b/a Liberty to Obtain a Financing Order that Authorizes the Issuance of Securitized Utility Tariff Bonds for Energy Transition Costs Related to the Asbury Plant; Empire District Electric Company d/b/a Liberty; Office Public Counsel v. Public Service Commission of the State of MissouriMissouri Court of Appeals · 2023
  5. Office of Public Counsel and Midwest Energy Consumers Group Missouri Public Service Commission v. Evergy Missouri West, Inc. f/k/a KCP&L Greater Missouri Operations CompanyMissouri Court of Appeals · 2020

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