BEFORE THE
PUBLIC SERVICE COMMISSION
OF THE STATE
OF MISSOURI
Monty Scroggins, )
)
Complainant, )
)
vs. ) File No. EC-2015-0155
)
KCP&L Greater
Missouri Operations )
)
Respondent. )
NOTICE OF RECOMMENDED
ORDER
Issue Date: August 24, 2015
The regulatory law judge
is issuing a recommended order. The recommended report and order is subject to
comments from any affected party filed within ten days of this recommendation’s
issuance under 4 CSR 240-2.070(15)(H).
BY
THE COMMISSION
Morris
L. Woodruff
Secretary
Daniel Jordan, Senior Regulatory Law Judge,
by delegation of authority pursuant
to Section 386.240, RSMo 2000.
Dated at
on this 24th day of August 2015.
STATE OF MISSOURI
PUBLIC SERVICE COMMISSION
At
a session of the Public Service Commission held at its office in
Monty Scroggins, )
)
Complainant, )
)
vs. ) File No. EC-2015-0155
)
KCP&L Greater
Missouri Operations )
)
Respondent. )
ORDER DISMISSING CASE WITHOUT PREJUDICE
Issue Date: ___ Effective
Date: ___
The Missouri Public Service Commission
is dismissing the case without prejudice. “Without prejudice” means that the
Commission is not deciding who wins or loses on the complaint. It also means
that Mr. Scroggins can file the complaint again if he still wants the
Commission to decide his complaint.
Mr. Scroggins’ complaint[1]
alleges that KCP&L Greater Missouri Operations’ (“GMO”) violated the law
governing solar rebates.[2]
The Commission issued an order setting a procedural schedule[3]
that included the filing of prepared testimony as the parties requested.[4]
GMO filed a motion to dismiss the complaint.[5] As
of the date of this order,[6]
the Commission received no response from Mr. Scroggins.
The motion cites Commission
regulations that allow dismissal when a party does not follow an order:
A party
may be dismissed from a case for failure to comply with any order issued by the
commission [;[7]]
and when nothing
happens in the case for 90 days:
Cases may be dismissed for lack of prosecution
if no action has occurred in the case for ninety (90) days and no party has
filed a pleading requesting a continuance beyond that time. [[8]]
Such is the case
here. Mr. Scroggins did not make the filing required in the procedural schedule
to which he agreed, and no other action occurred in this case for 90 days.
Therefore, the Commission will dismiss the complaint without prejudice.
THE COMMISSION ORDERS THAT:
1.
The KCP&L Greater Missouri Operations
Company Motion to Dismiss is granted and the complaint is dismissed without
prejudice.
2.
This
file may close on ___ .
3.
This order shall be
effective on ___ .
BY
THE COMMISSION
Morris
L. Woodruff
Secretary
___ , CC., concur.
Jordan, Senior
Regulatory Law Judge
[1] Electronic Filing Information System (“EFIS”) No. 1 (August 21, 2015) Formal Complaint.
[2] GMO Tariff Sheet No. R-62.19.
[3] EFIS No. 10 (April 10, 2015) Order Setting Procedural Schedule.
[4] EFIS No. 9 (April 10, 2015) Proposed Procedural Schedule.
[5] EFIS No. 14 (July 31, 2015) KCP&L Greater Missouri Operations Company Motion to Dismiss.
[6] Which is beyond the 10 days provided by Commission regulation 4 CSR 240-2.080(15).
[7] 4 CSR 240-2.116(3).
[8] 4 CSR 240-2.116(2).