Missouri Certificate of Convenience and Necessity (8-MO-c)
Certificate of Convenience and Necessity Process
8-MO-c.1 to 8-MO-c.2 – Is a Certificate of Convenience and Necessity Required?
An electrical corporation must obtain a Certificate of Convenience and Necessity (CCN) from the Missouri Public Service Commission (MPSC) prior to constructing an electric plant. Mo. Rev. Stat. § 393.170.1. An “electric corporation” includes an owner or operator of an electric plant, unless the electric plant exists only for its own use and not for the sale of electricity to others for the purpose of furnishing or transmitting electricity for light, heat, or power. Mo. Rev. Stat. § 393.140.1; Mo. Rev. Stat. § 386.020. An “electric plant” is defined as “. . . all real estate, fixtures and personal property operated, controlled, owned, used or to be used for or in connection with or to facilitate the generation, transmission, distribution, sale or furnishing of electricity for light, heat or power; and any conduits, ducts or other devices, materials, apparatus or property for containing, holding or carrying conductors used or to be used for the transmission of electricity for light, heat or power.” Mo. Rev. Stat. § 386.020(14).
8-MO-c.3 –Certificate of Convenience and Necessity Application
An applicant (developer) must submit a complete Application for Certificate of Convenience and Necessity (CCN Application) to the MPSC. The CCN Application, at minimum, must include:
- The legal name of the applicant (developer) and contact information;
- A brief description of the legal organization of each applicant (developer);
- If any applicant (developer) is a Missouri corporation, a Certificate of Good Standing from the secretary of state;
- If any applicant (developer) is a foreign corporation, a certificate from the secretary of state that it is authorized to do business in Missouri;
- If any applicant (developer) is a partnership, a copy of the partnership agreement;
- If any applicant (developer) does business under a fictitious name, a copy of the registration of the fictitious name with the secretary of state;
- If any applicant (developer) is a political subdivision, a specific reference to the statutory provision and a specific reference to any other authority, if any, under which it operates;
- A brief statement of the character of business performed by each applicant (developer);
- Name, title, address and telephone number of the person to whom correspondence, communications and orders and decision of the commission are to be sent, if other than to the applicant’s (developer’s) legal counsel;
- If any applicant (developer) is an association, a list of all of its members;
- A statement indicating whether the applicant (developer) has any pending action or final unsatisfied judgments or decisions against it from any state or federal agency or court which involve customer service or rates if the action, judgment or decision has occurred within three (3) years of the date of the application;
- A statement that no annual report or assessment fees are overdue; and
- All Applications shall be subscribed and verified by affidavit under oath by one of the following methods: if an individual, by that individual; if a partnership, by an authorized member of the partnership; if a corporation, by an authorized officer of the corporation; if a municipality or political subdivision, by an authorized officer of the municipality or political subdivision; or by the attorney for the applicant (developer) if the application includes or is accompanied by a verified statement that the attorney is so authorized.
4 C.S.R. § 240 -2.060. In addition to the requirements outlined in 4 C.S.R. § 240-2.060 if the CCN Application if for electrical transmission lines, gas transmission lines, or electrical production lines, it must include:
- A description of the route of construction and a list of all electric lines of regulated and nonregulated utilities, or any underground facility that the proposed construction will cross;
- The plans and specifications for the complete construction project and estimated cost of the construction project or a statement of the reasons the information is currently unavailable and a date when it will be furnished; and
- Plans for financing.
8-MO-c.4 to 8-MO-c.6 – Review Application Materials for Completeness
The MPSC must review the Application for CCN for administrative and technical completeness.
8-MO-c.7 to 8-MO-c.8 – Publish Notice of Public Hearing and Public Comment
The MPSC must set a time and place for hearing and serve notice as required by law. The MPSC may serve additional notice if appropriate. 4 C.S.R. § 240-2.110(1).
8-MO-c.9 – Hold Public Hearing (If Applicable)
The MPSC may hold a public hearing regarding the Application in accordance with 4 C.S.R. § 240-2.110.
8-MO-c.10 to 8-MO-c.11 – Does MPSC Approve the Certificate of Convenience and Necessity?
The MPSC may grant an electrical corporation a CCN to operate after determining that the construction and operation are “. . . necessary or convenient for the public service.” Mo. Rev. Stat. § 393.170. The MPSC has stated five criteria that it will use to make a CCN determination:
- There must be a need for the service;
- The applicant (developer) must be qualified to provide the proposed service;
- The applicant (developer) must have the financial ability to provide the service
- The applicant’s (developer) proposal must be economically feasible; and
- The service must promote the public interest.
In re Tartan Energy Company, 3 Mo. P.S.C. 173, 177 (1994).
8-MO-c.12 – Appeal Decision (If Applicable)
Any interested person or corporation may apply for rehearing regarding an order or decision by the MPSC. If the MPSC grants and holds a rehearing the MPSC must make a determination regarding the rehearing within thirty (30) days. Mo. Rev. Stat. § 386.500(1). In addition, within thirty (30) days after the application for rehearing is denied or the MPSC provides a rehearing decision, the applicant (developer) may file a notice of appeal with the MPSC for appellate review. Mo. Rev. Stat. § 386.510.
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