393.298. Definitions.
Definitions.
393.298. As used in this section and sections 393.299, 393.301 and393.302, the following terms mean:
(1) "Commission", the Missouri public service commission;
(2) "Distribution system", the physical plant used to provide energyservices including facilities, structures, wires and appurtenances thereto;
(3) "Distributor", an electrical or gas corporation as defined bysection 386.020, RSMo, which is authorized by the commission under thischapter, to provide or distribute energy services;
(4) "Energy services", the retail sale of electricity or natural gas,propane or methane to customers or consumers and all associated servicesthat are necessary for their delivery through a distribution systemincluding but not limited to the generation, production, transmission,distribution, billing and metering of such services;
(5) "Gross receipts", all revenues from energy services which aresubject to a business license tax of a political subdivision or a franchiseagreement between a distributor and a political subdivision or a PILOT;
(6) "Person", includes any individual, firm, cooperative,copartnership, joint venture, association, corporation, municipal orprivate, and whether organized for profit or not, state, county, politicalsubdivision, state department, commission, board, bureau or agency, or anyother group or combination acting as a unit, and the plural as well as thesingular number;
(7) "PILOT", the payment or transfer of funds or services by a gas orelectric utility owned by a political subdivision and used to providegovernment services by the political subdivision including the value offree or subsidized services, provided the value of these services arestated annually in an ordinance as a percentage of the total gross receiptsof the gas or electric system;
(8) "Political subdivision", any county, municipality or village inthe state of Missouri;
(9) "Proportionate share", the seller's gross receipts multiplied bythe franchise fee rate, specified in a franchise agreement between adistributor and a political subdivision or the PILOT rate as provided inany ordinance or order of the political subdivision for the correspondinguse of rights-of-way, utility easements or the distribution system of apolitical subdivision;
(10) "Seller", any person who uses, leases or controls thedistribution system of a distributor or a political subdivision or any partthereof to sell energy services at retail within the political subdivisionother than a distributor or a political subdivision which uses its owndistribution system.
(L. 1998 S.B. 627)Effective 7-10-98