At a session of the Public Service
Commission held at its office in Jefferson City on the 28th day of January, 2015.
In the Matter of the Application of Nancy Price for )
Change of Electric Supplier ) File
No. EO-2015-0017
ORDER
DISMISSING APPLICATION
Issue Date: January 28, 2015 Effective Date: February 27, 2015
Nancy Price (Applicant) filed an application for a change of supplier from Tri-County Electric Cooperative to Ameren Missouri. Applicant’s reasons for a change of supplier are that: (1) everyone around her house has Ameren; (2) price is a big reason; (3) she is in the city limits and can be supplied by Ameren if she chooses; and, (4) she has had issues with power outages during storms for long periods of time. Ameren Missouri, Tri-County and the Staff of the Commission have each filed responses to the application.
Ameren Missouri and Tri-County point out that Missouri law[1] requires that requests for a change of supplier be for reasons other than a rate differential. Additionally, Tri‑County argues that Applicant is not the proper party to request a change of supplier because she is not a member of the cooperative. The company further argues that her complaint about power outages is non-specific as to date and time. Both Ameren and Tri‑County opine that the application should be denied.
The Staff of the Commission, after receiving data concerning power outages of Tri‑County, opines that the power outages reflected in the company’s data are not necessarily unusual or indicative of existing circuit problems. For this reason, and those pointed out by the companies, Staff recommends that the application for a change of supplier be denied.
The Commission has twice[2] directed Applicant to file a response to the arguments pointed out by the companies and by Staff. Though informed that this application may be dismissed under Commission rule 4 CSR 240-2.116, Applicant has failed to respond to the Commission’s orders.
Under Commission rule 4 CSR 240-2.116(3), a party may be dismissed from a case for failure to comply with any order issued by the Commission. Applicant has twice failed to respond to Commission orders. The Commission will therefore dismiss this application. However, this matter is not being dismissed on the merits, but rather on procedural grounds. Applicant may refile the application, in which case it will be assigned a different file number.
THE COMMISSION ORDERS THAT:
1. This application for a change of supplier filed by Nancy Price is dismissed, without prejudice.
2. This order shall become effective on February 27, 2015.
3. This file shall be closed on February 28, 2015.
BY THE COMMISSION
Morris L. Woodruff
Secretary
R. Kenney, Chm.,
Stoll, W. Kenney,
Hall, and Rupp,
CC., concur.
Jones, Senior
Regulatory Law Judge