State Ex Rel. City of Springfield v. Public Service Commission

FENNER, Judge.

This is an appeal from a circuit court judgment affirming an Order of Rulemak-ing of the Respondent, Missouri Public Ser vice Commission (Commission). The Commission’s Order of Rulemaking in question here sets forth new and amended gas safety rules (New Rules). The appellants all operate municipal gas utilities which, in accordance with the language of § 386.-310.1, RSMo Supp.1990, are subject to the safety and health rulemaking authority of the Commission.

In this appeal, appellants argue that the New Rules are not applicable to them on constitutional grounds and because the…