• About
  • The Poetry of Protest

Show Me Progress

~ covering government and politics in Missouri – since 2007

Show Me Progress

Tag Archives: Public Service Commission

Public Service Commission: We don't need no stinkin' judges.

10 Thursday Mar 2011

Posted by Michael Bersin in Uncategorized

≈ 4 Comments

Tags

Kevin Gunn, missouri, Office of Public Counsel, Public Service Commission

You wouldn’t dare flout a court order, would you? But the Public Service Commission is doing so. The PSC Chairman says that–get this–the members don’t have the “legal authority” to obey the court order.

Say what? Picture a Jon Stewart deadpan. Right before he goes ballistic and screeches, “You don’t have the legal authority to ignore a court order. That’s what you don’t have the legal authority to do!”

A judge has directed the PSC to roll back the last rate increase it gave Ameren, and the commission members–three of the five are Democrats!–say, so sorry, but we really can’t.

The backstory is that Ameren just got its bazillionth rate increase in a row, but this time something unprecedented happened. Court decisions have never, ever, not once directed the PSC to roll back rates. In the past, court decisions have simply aimed to set precedents that might protect consumers in future rate hike cases. For once, though, a judge, Cole County Circuit Judge Paul Wilson, looked at a rate hike and said to the consumer advocates protesting it that they had not only got it right, but that they had got it so right that he was going to order a rollback of rates. And not just for the big industrial customers of Ameren but for ALL its customers. Obviously, Wilson knew Ameren would appeal his order, but he felt that until that appeal was ruled on, the rates should go back to their 2009 level.

The order was unambiguous. It said you shall suspend the rates now, not you might want to do it if you’re in the mood.

And yet PSC Chairman Kevin Gunn says the commission’s hands are tied. He insists that Lewis Mills, from the Office of Public Council, which represents ratepayers:

could have sought a court order directing the PSC to reduce rates before asking the commission to take action.

“They came to us when they should have been going to the upper courts.”

And furthermore, according to Kevin Gunn, Mills didn’t say “Simon says.”

A bit of speculation about why the PSC is stonewalling might be in order here. Ameren now has its bazillion and first rate case before the PSC, due to be ruled on sometime this summer, more than likely. And once that ruling is published, all previous rulings will be moot. That’s how it works. Perhaps the PSC is dragging its feet, then, because it doesn’t want to drop rates back to the 2009 level for a matter of weeks or months before raising them again higher than ever.

If the commission drags its feet, the consumer advocates will have no recourse except to file a write of mandamus in the Court of Appeals in Kansas City, asking the Court to enforce Judge Wilson’s ruling. But that will be time consuming. And expensive. The Office of Public Counsel is seriously underfunded–thus Ameren’s spectacular record of success at getting its rate hikes approved. (More on the topic of funding for the Office of Public Counsel in my next posting about Ameren.)

It’s the time consuming aspect, though, that is crucial in this case, because by the time the Appeals Court might issue a writ of mandamus, the next ruling on a rate hike would be only weeks away, and the PSC could delay a bit or expedite its ruling, thus making Judge Wilson’s order moot.

But maybe not entirely moot. At least the consumer advocates arguing this case could, and very well might, ask for a refund for all customers from February until the next ruling goes into effect. It would be a small victory, but a victory that might encourage the coalition of large industries like InBev and Noranda Aluminum, small businesses, and residential consumers represented by the Office of Public Counsel to continue banding together and putting up a united front in the fight against Ameren’s crusade to get ever richer.

All those groups opposing these constant rate increases should be making judges and the public aware that a for profit company that has been granted a monopoly does not, should not, have the right to gouge the consumers it is supposed to serve, especially not while we’re still roiled in the Great Recession. If Noranda Aluminum were to close its New Madrid plant because it can’t afford the huge amounts of power needed to run its factory, that would mean hundreds of jobs lost in one of the poorest areas of the state. And when those jobs are gone and those paychecks aren’t being spent, more jobs will be follow.

It’s wrong to the point of immoral for the PSC to grant upgrade after increase after hike to a corporation that is already making fat profits. The members of the commission might at least pretend they care about the state’s economy by not flouting the law.

They've got the power, part 3

25 Friday Apr 2008

Posted by Michael Bersin in Uncategorized

≈ 3 Comments

Tags

Cass County, HB 2279, Power Plant, Public Service Commission

They’ve got the power

They’ve got the power, part 2

Brett Penrose: they really do have the power…

This little gem passed the Missouri House yesterday (the bill numbers and names constantly change – legislation is like sausage making, consumers of said commodities might be put off by the process):

SECOND REGULAR SESSION

[PERFECTED]

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 2279

94TH GENERAL ASSEMBLY

…393.171. 1. The commission shall have the authority to grant the permission and approval specified in section 393.170, after the construction or acquisition of any electric plant located in a first class county without a charter form of government has been completed if the commission determines that the grant of such permission and approval is necessary or convenient for the public service. Any such permission and approval shall, for all purposes, have the same effect as the permission and approval granted prior to such construction or acquisition. This subsection is enacted to clarify and specify the law in existence at all times since the original enactment of section 393.170.

           2. The provisions of this section shall expire on August 28, 2009…

What, it expires after one year? Why, you’d think it was for a “special purpose”. The day before (pdf) there were a few amendments and votes.

The Journal of the House will be available in a few days. Then we’ll be able to see if any advocates of automotive deer hunting voted for this. That would be a good way to upset the voters in Cass County, right David?

Recent Posts

  • About that ratio
  • “Show me your papers. Pull down your pants.”
  • Never met a Fascist conspiracy theory he didn’t like
  • Cymbal clapper
  • Uh, in case you were wondering, land doesn’t vote

Recent Comments

Winning at losing… on Passing the gas – Donald…
TACO Tuesday | Show… on TACO or Mushrooms?
TACO Tuesday | Show… on So much winning
So much winning | Sh… on Passing the gas – Donald…
What good is the 25t… on We are the only people on the…

Archives

  • April 2026
  • March 2026
  • February 2026
  • January 2026
  • December 2025
  • November 2025
  • October 2025
  • September 2025
  • August 2025
  • July 2025
  • June 2025
  • May 2025
  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024
  • November 2024
  • October 2024
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013
  • September 2013
  • August 2013
  • July 2013
  • June 2013
  • May 2013
  • April 2013
  • March 2013
  • February 2013
  • January 2013
  • December 2012
  • November 2012
  • October 2012
  • September 2012
  • August 2012
  • July 2012
  • June 2012
  • May 2012
  • April 2012
  • March 2012
  • February 2012
  • January 2012
  • December 2011
  • November 2011
  • October 2011
  • September 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • March 2011
  • February 2011
  • January 2011
  • December 2010
  • November 2010
  • October 2010
  • September 2010
  • August 2010
  • July 2010
  • June 2010
  • May 2010
  • April 2010
  • March 2010
  • February 2010
  • January 2010
  • December 2009
  • November 2009
  • October 2009
  • September 2009
  • August 2009
  • July 2009
  • June 2009
  • May 2009
  • April 2009
  • March 2009
  • February 2009
  • January 2009
  • December 2008
  • November 2008
  • October 2008
  • September 2008
  • August 2008
  • July 2008
  • June 2008
  • May 2008
  • April 2008
  • March 2008
  • February 2008
  • January 2008
  • December 2007
  • November 2007
  • October 2007
  • September 2007
  • August 2007

Categories

  • campaign finance
  • Claire McCaskill
  • Congress
  • Democratic Party News
  • Eric Schmitt
  • Healthcare
  • Hillary Clinton
  • Interview
  • Jason Smith
  • Josh Hawley
  • Mark Alford
  • media criticism
  • meta
  • Missouri General Assembly
  • Missouri Governor
  • Missouri House
  • Missouri Senate
  • Resist
  • Roy Blunt
  • social media
  • Standing Rock
  • Town Hall
  • Uncategorized
  • US Senate

Meta

  • Log in
  • Entries feed
  • Comments feed
  • WordPress.org

Blogroll

  • Balloon Juice
  • Crooks and Liars
  • Digby
  • I Spy With My Little Eye
  • Lawyers, Guns, and Money
  • No More Mister Nice Blog
  • The Great Orange Satan
  • Washington Monthly
  • Yael Abouhalkah

Donate to Show Me Progress via PayPal

Your modest support helps keep the lights on. Click on the button:

Blog Stats

  • 1,042,175 hits

Powered by WordPress.com.

 

Loading Comments...