§ 393.170 — Approval of incorporation and franchises — certificate.

Missouri § 393.170

• Jurisdiction: Missouri
• Title XXV: INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
• Ch. 393: Gas, Electric, Water, Heating and Sewer Companies

Text

1.  No gas corporation, electrical corporation, water corporation or sewer corporation shall begin construction of a gas plant, electric plant, water system or sewer system, other than an energy generation unit that has a capacity of one megawatt or less, without first having obtained the permission and approval of the commission.

2.  No such corporation shall exercise any right or privilege under any franchise hereafter granted, or under any franchise heretofore granted but not heretofore actually exercised, or the exercise of which shall have been suspended for more than one year, without first having obtained the permission and approval of the commission.  Before such certificate shall be issued a certified copy of the charter of such corporation shall be filed in the office of the commission, together with a verified statement of the president and secretary of the corporation, showing that it has received the required consent of the proper municipal authorities.

3.  The commission shall have the power to grant the permission and approval herein specified whenever it shall after due hearing determine that such construction or such exercise of the right, privilege or franchise is necessary or convenient for the public service.  The commission may by its order impose such condition or conditions as it may deem reasonable and necessary.  Unless exercised within a period of two years from the grant thereof, authority conferred by such certificate of convenience and necessity issued by the commission shall be null and void.

Legislative History

(RSMo 1939 § 5649, A.L. 1967 p. 578, A.L. 2018 S.B. 564) Prior revisions; 1929 § 5193; 1919 § 10481 Noneverability clause,393.1675