STATE OF MISSOURI

PUBLIC SERVICE COMMISSION

 

At a session of the Public Service Commission held at its office in Jefferson City on the 24th day of November, 2014.

 

 

In the Matter of                                                         )

Summit Natural Gas of Missouri Inc.’s                        )          File No. GR-2014-0086

Filing of Revised Tariffs to Increase its                       )   Tracking No. YG-2015-0207

Annual Revenues for Natural Gas Service                  )

 

 

ORDER REGARDING COMPLIANCE TARIFFS AND EXPEDITED TREATMENT

 

Issue Date:  November 24, 2014                             Effective Date:  December 14, 2014

 

The Missouri Public Service Commission is approving the pending tariff sheets[1] as substituted[2] (“compliance tariff”) and denying the Motion for Expedited Treatment (“motion”).[3] Staff filed its recommendation in favor of the compliance tariff and the motion.[4]  The Office of the Public Counsel filed a response in opposition to the motion.[5] Summit filed a reply in support of the motion.[6]

The compliance tariff conforms to the Report and Order[7] and carries a 30-day effective date. The motion proposes an expedited effective date for the compliance tariff of December 1, 2014. That expedited date is less than 30 days from the issuance of this order, [8] and so must stand on good cause.[9] Good cause is absent. The Commission must allow a reasonable time for any party to seek rehearing of this order approving the compliance tariffs. The Court of Appeals has expressly instructed the Commission that any effective date set less than ten days from issuance of an order is “presumptively unreasonable and, if challenged, would require the PSC to demonstrate that the circumstances surrounding the case are so extraordinary as to clearly warrant further encroachment on the time provided to the parties in which to exercise their right to apply for rehearing and/or appeal and that the time allowed was reasonably sufficient.[10] The circumstances of this case are not so extraordinary as to warrant an encroachment on the parties’ right to apply for rehearing. 

Therefore, the Commission will approve the compliance tariff[11] and deny the motion.

 

THE COMMISSION ORDERS THAT:

1.     The Motion for Expedited Treatment is denied and the tariff sheets, to which the Commission assigned Tracking No. YG-2015-0207, are approved to become effective on December 14, 2014.

2.   The specific tariff sheets approved are set forth in the Appendix to this order.

 

 

3.   This order shall be effective on December 14, 2014.

 

 

                                                            BY THE COMMISSION

 

 

 

 

                                                            Morris L. Woodruff

                                                            Secretary

 

 

 

R. Kenney, Chm., Stoll, W. Kenney,

Hall, and Rupp, CC., concur.

 

Jordan, Senior Regulatory Law Judge

 

 

 



[1] Electronic Filing and Information System (“EFIS”) No. 278, filed on November 14, 2014.

[2] EFIS No. 281, filed on November 19, 2014.

[3] EFIS No. 277, filed on November 14, 2014.

[4] EFIS No. 282, Staff Recommendation to Approve Tariff Sheets, filed on November 21, 2014.

[5] EFIS No. 284, Public Counsel's Reply to Motion for Expedited Treatment, filed on November 21, 2014.

[6] EFIS No. 285, Response to Public Counsel's Reply, filed on November 23, 2014.

[7] EFIS No. 273, filed on October 29, 2014.

[8] Between the expedited date and the date this order issues are six days. Of those days, all but two are a Saturday, Sunday, or State holiday.

[9] Section 386.490.2, RSMo Supp. 2014.

[10] State ex rel. Office of Pub. Counsel v. Pub. Serv. Comm'n of State, 409 S.W.3d 522, 529 (Mo. App., W.D. 2013).

[11] Section 393.150.1, RSMo 2000.