BEFORE THE PUBLIC SERVICE COMMISSION

OF THE STATE OF MISSOURI

 

 

Charles Harter,                                               )

                                                                      )

                                        Complainant,           )

                                                                      )

          v.                                                         )           File No.  EC‑2013‑0491

                                                                      )

Union Electric Company d/b/a                          )

Ameren Missouri,                                            )

                                                                      )

                                        Respondent.           )

 

 

ORDER GIVING NOTICE OF CONTESTED CASE, DIRECTING ANSWER
AND DIRECTING STAFF INVESTIGATION

 

Issue Date:  May 7, 2013                                             Effective Date:  May 7, 2013

 

 

On May 7, 2013, Charles Harter (“Complainant”) filed a complaint with the Missouri Public Service Commission (“Commission”) against Union Electric Company d/b/a Ameren Missouri (“Respondent”).  A copy of the complaint accompanies this notice.  This is a contested case[1] pursuant to Section 386.390, RSMo 2000, although the statutes and Commission regulations allow for a decision without a hearing.[2] Since the Complainant alleges an amount in dispute of less than $3,000, this case will proceed under the small formal complaint process.[3]

The Commission will set a deadline for Respondent to file an answer.  In the alternative, the Respondent may file a written request that the complaint be referred to a neutral third-party mediator for voluntary mediation of the complaint.  Upon receipt of a request for mediation, the 30‑day time period shall be tolled while the Commission ascertains whether or not the Complainant is also willing to submit to voluntary mediation.  If Complainant agree to mediation, the time period within which an answer is due shall be suspended pending the resolution of the mediation process.  Additional information regard­ing the mediation process is enclosed.  If Complainant decline the opportunity to seek mediation, Respondent will be notified in writing that the tolling has ceased and will also be notified of the date by which an answer or notice of satisfaction must be filed.  That period will usually be the remainder of the original 30‑day period.

As required by Section 536.067(2)(f), RSMo 2000, the Commission informs the parties that the Commission’s provisions governing procedures before the Commission, including provisions relating to discovery, are found at Commission Rule 4 CSR 240-2.090.  The Commission will also set a deadline for its Staff to complete an investigation and file a report.

THE COMMISSION ORDERS THAT:

1.               The Commission’s Data Center shall send, by certified mail, a copy of this notice and order and a copy of the complaint to Union Electric Company d/b/a Ameren Missouri at:

Union Electric Company d/b/a Ameren Missouri

1901 Chouteau Avenue

PO Box 66149, Mail Code 1310

St. Louis, MO 63166-6149

 

2.               Union Electric Company d/b/a Ameren Missouri shall file an answer to this complaint or request for mediation no later than June 6, 2013, and serve a copy upon the Complainant.  All pleadings (the answer, the notice of satisfaction of complaint or request for mediation) shall be mailed to:

Secretary of the Public Service Commission

P.O. Box 360

Jefferson City, Missouri 65102-0360

 

or filed using the Commission’s electronic filing and information service.

3.               The Staff of the Missouri Public Service Commission shall investigate this complaint and file a report with the Commission no later than June 27, 2013.

4.               The Commission’s Data Center shall send a copy of this notice and the Commission’s procedural rules, 4 CSR 240-2, to the Complainant.

5.               This order shall become effective immediately upon issuance.

 

BY THE COMMISSION

 

 

 

 

Morris L. Woodruff

Secretary

 

 

Michael Bushmann, Regulatory Law Judge

by delegation of authority pursuant to

Section 386.240, RSMo 2000.

 

Dated at Jefferson City, Missouri,

on this 7th day of May, 2013.



[1] A “‘[c]ontested case’ means a proceeding before an agency in which legal rights, duties or privileges of specific parties are required by law to be determined after hearing.”  Section 536.010.4, RSMo Supp. 2009.

[2] Sections 536.060 and 536.063, RSMo 2000; Commission Rule 4 CSR 240-2.115.

[3] 4 CSR 240-2.070(15).