393.106. Definitions--electric power suppliers exclusive right to serve structures, exception--change of suppliers, procedure.
Definitions--electric power suppliers exclusive right to servestructures, exception--change of suppliers, procedure.
393.106. 1. As used in this section, the following termsmean:
(1) "Permanent service", electrical service providedthrough facilities which have been permanently installed on astructure and which are designed to provide electric service forthe structure's anticipated needs for the indefinite future, ascontrasted with facilities installed temporarily to provideelectrical service during construction. Service providedtemporarily shall be at the risk of the electrical supplier andshall not be determinative of the rights of the provider orrecipient of permanent service;
(2) "Structure" or "structures", an agricultural,residential, commercial, industrial or other building or amechanical installation, machinery or apparatus at which retailelectric energy is being delivered through a metering devicewhich is located on or adjacent to the structure and connected tothe lines of an electrical supplier. Such terms shall includeany contiguous or adjacent additions to or expansions of aparticular structure. Nothing in this section shall be construedto confer any right on an electric supplier to serve newstructures on a particular tract of land because it was servingan existing structure on that tract.
2. Once an electrical corporation or joint municipalutility commission, or its predecessor in interest, lawfullycommences supplying retail electric energy to a structure throughpermanent service facilities, it shall have the right to continueserving such structure, and other suppliers of electrical energyshall not have the right to provide service to the structureexcept as might be otherwise permitted in the context ofmunicipal annexation, pursuant to section 386.800, RSMo, andsection 394.080, RSMo, or pursuant to a territorial agreementapproved under section 394.312, RSMo. The public servicecommission, upon application made by an affected party, may ordera change of suppliers on the basis that it is in the publicinterest for a reason other than a rate differential. Thecommission's jurisdiction under this section is limited to publicinterest determinations and excludes questions as to thelawfulness of the provision of service, such questions beingreserved to courts of competent jurisdiction. Except as providedin this section, nothing contained herein shall affect therights, privileges or duties of existing corporations pursuant tothis chapter. Nothing in this section shall be construed to makelawful any provision of service which was unlawful prior to July11, 1991. Nothing in this section shall be construed to makeunlawful the continued lawful provision of service to anystructure which may have had a different supplier in the past, ifsuch a change in supplier was lawful at the time it occurred.However, those customers who had canceled service with theirprevious supplier or had requested cancellation by May 1, 1991,shall be eligible to change suppliers as per previous procedures.No customer shall be allowed to change electric suppliers bydisconnecting service between May 1, 1991, and July 11, 1991.
(L. 1982 H.B. 1646 § 1, A.L. 1986 H.B. 1486, A.L. 1991 S.B. 221)Effective 7-11-91