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Grain Belt Express Clean Line, LLC v. Public Service Commission

ELR Citation: 48 ELR 20123
Nos. SC96993, (Mo., 07/17/2018)

Missouri's highest court reversed an order by the Missouri Public Service Commission denying a transmission company's application for a line certificate of convenience and necessity (CCN). The company argued that the Commission erred in denying its application for a line CCN by erroneously applying application requirements for an area CCN rather than a line CCN. The court agreed, concluding that the Commission erred in holding that it could not lawfully grant a line CCN to the company without the company first obtaining consent from affected counties. Such consent is only required if the company is seeking an area CCN, but it was clear in this case that a line CCN was requested. The court reversed the Commission's denial of the company's application and remanded to the Commission.