FIRST REGULAR SESSION
94TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE NASHEED.
Read 1st time February 8, 2007 and copies ordered printed.
D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 386, RSMo, by adding thereto one new section relating to utility service.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 386, RSMo, is amended by adding thereto one new section, to be known as section 386.950, to read as follows:
386.950. 1. Any electrical corporation that is a public utility regulated by the Missouri public service commission under this chapter shall be subject to the requirements of this section.
2. If an electrical corporation fails to provide electrical service for a period of at least forty-eight hours to any customer who is being charged for electrical service to a private, noncommercial residence, then such corporation shall provide that customer with a fifty dollar credit to the customer's account and credit the account for any actual costs, including but not limited to hotel costs and repair costs incurred by the customer as a result of the failure to provide electrical service. The customer shall provide proof of actual costs incurred under this subsection. The maximum credit awarded under this subsection shall not be more than three hundred dollars per customer.
3. If an electrical corporation fails to provide electrical service for a period of at least one week to any customer who is being charged for electrical service to a private, noncommercial residence, then such corporation shall provide that customer with a one hundred dollar credit to the customer's account and credit the account for any actual costs, including but not limited to hotel costs and repair costs incurred by the customer as a failure to provide electrical service. The customer shall provide proof of actual costs incurred under this subsection. The maximum credit awarded under this subsection shall not be more than five hundred dollars per customer.
4. Subsections 2 and 3 of this section shall not apply if the failure to provide electrical service is a result of the customer's failure to pay for electrical utilities.
5. The Missouri public service commission shall promulgate rules to implement the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly under chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2007, shall be invalid and void.
6. All cases and controversies arising under this section and any complaints alleging violations of this section shall be heard in accordance with the procedures before the public service commission and courts specified in this chapter.
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