Ameren Transmission Co. of Illinois v. Public Service Commission

467 S.W.3d 875, 2015 Mo. App. LEXIS 807, 2015 WL 4746775
CourtMissouri Court of Appeals
DecidedAugust 11, 2015
DocketWD 78141
StatusPublished
Cited by2 cases

This text of 467 S.W.3d 875 (Ameren Transmission Co. of Illinois v. Public Service Commission) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ameren Transmission Co. of Illinois v. Public Service Commission, 467 S.W.3d 875, 2015 Mo. App. LEXIS 807, 2015 WL 4746775 (Mo. Ct. App. 2015).

Opinion

Joseph M. Ellis, Judge

Ameren Transmission Company of Illinois (“ATXI”) is an Illinois corporation authorized to do business in the State of Missouri. ATXI intends to construct interstate electrical transmission lines that will be located partially in this state that will be used by others to transmit electricity in interstate commerce.

In 2012, ATXI filed a petition for declaratory judgment in the Circuit Court of Cole County against the Missouri Public [878]*878Service Commission (“the PSC”), seeking a declaration that the PSC had no statutory authority to regulate ATXI’s actions related to the construction of its interstate electrical transmission lines, asserting that ATXI is not one of the types of entities over which the PSC has been granted authority. It claimed that “ATXI is not subject to the jurisdiction of the Commission because it does not hold itself out as a provider of electricity for light, heat or power to the general public within Missouri, nor does it manufacture, sell, or distribute electricity for light, heat or power within the state.” ATXI further sought a declaration that it is not required to obtain certificates of convenience and necessity (“a CCN”) or other permission or approval from the PSC before beginning construction of its transmission lines because the PSC has no siting authority over those projects.

On June 6, 2014, the PSC filed a motion for summary judgment, asserting that, under the undisputed material facts, ATXI was not entitled to obtain declaratory relief. It argued that the provisions of § 386.510 preclude a circuit court from granting any declaratory relief against the PSC. It further maintained that, because the PSC had not yet taken any administrative action against or issued an order or decision related to ATXI, no justiciable controversy existed between the parties and that declaratory relief was, therefore, improper. ATXI filed a cross-motion for summary judgment, arguing that, based upon the undisputed facts, it was entitled to judgment as a matter of law on the merits of the claims asserted in its petition.

On October 6, 2014, multiple property owners, who had been notified by ATXI that its interstate transmission line project might require their properties to be subject to a utility easement, filed a motion to intervene in this declaratory judgment action.1 On October 20, 2014, the trial court granted the motion to intervene and heard argument on the motions for summary judgment that had been filed by ATXI and the PSC.

After hearing argument on the parties’ motions for summary judgment, the circuit court denied ATXI’s motion and entered summary judgment in favor of the PSC. In so doing, the court stated:

The Court finds that, based on the un-controverted facts submitted in support of the Commission’s motion for summary judgment, the Commission is entitled to judgment as a matter of law as a defending party. This court finds no controverted facts — and therefore no. persuasive evidence — that the Defendant has taken any administrative action against the Plaintiff. There is no justiciable controversy. It is not enough for Plaintiff to claim a fear of future action, with no indication at all of any present action, threatened or otherwise, by the Defendant. For this Court to rule otherwise would constitute a speculative or hypothetical advisory opinion.

ATXI brings three points on appeal.2

In its first point, ATXI contends that the trial court erred in granting sum[879]*879mary judgment in favor of the PSC because a justiciable controversy exists between them. “This Court’s review of an appeal from summary judgment is de novo.” Missouri Bankers Ass’n v. St. Louis Cray., 448 S.W.3d 267, 270 (Mo. banc 2014). “Summary judgment is appropriate when the moving party has demonstrated, on the basis of facts as to which there is no genuine dispute, a right to judgment as a matter of law.” Roberts v. BJC Health Sys., 891 S.W.3d 433, 437 (Mo. banc 2013). “A defending party can demonstrate entitlement to summary judgment by showing: (1) facts negating any of the claimant’s necessary elements; (2) the claimant, after an adequate period of discovery, has been unable, and will not be able, to produce evidence sufficient to allow the trier of fact to find the existence of any one of the claimant’s elements; or (3) there is no genuine dispute of the existence of facts required to support the defending party’s properly pleaded affirmative defense.” Scottsdale Ins. Co. v. Addison Ins. Co., 448 S.W.3d 818, 826 (Mo. banc 2014). “A summary judgment, like any trial court judgment, can be affirmed on appeal by any appropriate theory supported by the record.” Columbia Cas. Co. v. HIAR Holding, L.L.C., 411 S.W.3d 258, 264 (Mo. banc 2013).

“A declaratory judgment action requires a judiciable controversy.”3 Missouri Alliance for Retired Ams. v. Dep’t of Labor & Indus. Reis., 277 S.W.3d 670, 676 (Mo. banc 2009). “Justiciability is a ‘prudential’ rather than a jurisdictional doctrine.” Schweich v. Nixon, 408 S.W.3d 769, 773 (Mo. banc 2013). “In the context of a declaratory judgment action, a justiciable controversy exists where the plaintiff has a legally protective [sic] interest at stake, a substantial controversy exists between parties with genuinely adverse interests, and that controversy is ripe for judicial determination.” Mercy Hosps. E. Cmtys. v. Missouri Health Facilities Review Comm., 362 S.W.3d 415, 417 (Mo. banc 2012) (internal quotation omitted). “In other words, justiciability requires that the plaintiffs claim is ripe and that the plaintiff has standing to bring the underlying claim.” Id. at 418.

“A court cannot render a declaratory judgment unless the petition presents a controversy ripe for judicial determination.” Schweich, 408 S.W.3d at 774 (internal quotation omitted). “The ripeness doctrine allows a court to apply a pragmatic test to determine whether the agency action is sufficiently binding and sufficiently clear in scope and implications [880]*880to be susceptible to judicial evaluation.” Missouri Ass’n of Nurse Anesthetists, Inc. v. State Bd. of Registration for the Healing Arts, 343 S.W.3d 348, 354 (Mo. banc 2011) (internal quotation omitted). “The basic rationale of the ripeness doctrine is to ‘prevent the courts, through avoidance of premature adjudication, from entangling themselves in ¡abstract disagreements over administrative policies, and also to protect the agencies from judicial interference until an administrative decision has been formalized and its effects felt in a concrete way by the challenging parties.’ ” Missouri Soybean Ass’n v. Missouri Clean Water Comm’n,

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467 S.W.3d 875, 2015 Mo. App. LEXIS 807, 2015 WL 4746775, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ameren-transmission-co-of-illinois-v-public-service-commission-moctapp-2015.