In the Matter of the Joint Application of Missouri-American Water Company and DCM Land, LLC, for a Variance from the…

Summary

The Supreme Court of Missouri reversed the Public Service Commission’s order granting variances from Water Company’s tariff and remanded for a new order. The Court held that the Commission lacks statutory authority to grant such variances because the tariff contains no explicit provision allowing exceptions, and any change must be made by a new schedule or order. The decision was based on a de novo review of the Commission’s legal authority.