394.315. Definitions--rural electric cooperative exclusive right to serve structures, exception--change of suppliers, procedure.
Definitions--rural electric cooperative exclusive right to servestructures, exception--change of suppliers, procedure.
394.315. 1. As used in this section, the following termsmean:
(1) "Permanent service", electrical service providedthrough facilities which have been permanently installed on astructure and which are designed to provide electric service forthe structure's anticipated needs for the indefinite future, ascontrasted with facilities installed temporarily to provideelectrical service during construction. Service providedtemporarily shall be at the risk of the electrical supplier andshall not be determinative of the rights of the provider orrecipient of permanent service;
(2) "Structure" or "structures", an agricultural,residential, commercial, industrial or other building or amechanical installation, machinery or apparatus at which retailelectric energy is being delivered through a metering devicewhich is located on or adjacent to the structure and connected tothe lines of an electrical supplier. Such terms shall include anycontiguous or adjacent additions to or expansions of a particularstructure. Nothing in this section shall be construed to conferany right on a rural electric cooperative to serve new structureson a particular tract of land because it was serving an existingstructure on that tract.
2. Once a rural electric cooperative, or its predecessor ininterest, lawfully commences supplying retail electric energy toa structure through permanent service facilities, it shall havethe right to continue serving such structure, and other suppliersof electrical energy shall not have the right to provide serviceto the structure except as might be otherwise permitted in thecontext of municipal annexation, pursuant to section 386.800,RSMo, and section 394.080, or pursuant to a territorial agreementapproved under section 394.312. The public service commission,upon application made by an affected party, may order a change ofsuppliers on the basis that it is in the public interest for areason other than a rate differential, and the commission ishereby given jurisdiction over rural electric cooperatives toaccomplish the purpose of this section. The commission'sjurisdiction under this section is limited to public interestdeterminations and excludes questions as to the lawfulness of theprovision of service, such questions being reserved to courts ofcompetent jurisdiction. Except as provided herein, nothing inthis section shall be construed as otherwise conferring upon thecommission jurisdiction over the service, rates, financing,accounting or management of any such cooperative, and except asprovided in this section, nothing contained herein shall affectthe rights, privileges or duties of existing cooperativespursuant to this chapter. Nothing in this section shall beconstrued to make lawful any provision of service which wasunlawful prior to July 11, 1991. Nothing in this section shallbe construed to make unlawful the continued lawful provision ofservice to any structure which may have had a different supplierin the past, if such a change in supplier was lawful at the timeit occurred. However, those customers who had canceled servicewith their previous supplier or had requested cancellation by May1, 1991, shall be eligible to change suppliers as per previousprocedures. No customer shall be allowed to change electricsuppliers by disconnecting service between May 1, 1991, and July11, 1991.
(L. 1982 H.B. 1646 § 2, A.L. 1986 H.B. 1486, A.L. 1991 S.B. 221)Effective 7-11-91