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Kansas City Power & Light Co. v. Missouri Public Service Commission

ELR Citation: 48 ELR 20146
Nos. WD80911, (Mo. Ct. App., 08/07/2018) (Ahuja)

A Missouri appellate court affirmed in part and reversed in part the Missouri Public Service Commission's order suspending an electric utility company's request for a general rate increase.The company argued that the Commission erroneously refused to include electric vehicle charging stations constructed and operated by the company in its rate base. The court agreed, concluding the Commission erred when it held that it lacked regulatory authority over utility-owned charging stations because the equipment didn't meet the statutory definition of "electric plant" under the Missouri Energy Efficiency Investment Act. The Commission had reasoned that charging stations are like clothes dryers at a laundromat that use electricity to provide a service, but are not electric plants subject to regulation. The court instead analogized charging stations to self-serve gas stations, finding they represent a sale of electricity to power the vehicle as opposed to a service of charging the battery. The company also challenged the Commission's treatment of its energy efficiency measures for a previously approved energy-efficiency program, but here the court affirmed the Commission.