393.301. Challenging the validity of an agreement, notification--invalidity of section 393.299, effect.
Challenging the validity of an agreement, notification--invalidityof section 393.299, effect.
393.301. 1. In the event that any legal action to challenge thevalidity of any agreement made pursuant to subsection 1 or 2 of section393.299 is filed in any court of competent jurisdiction, the partyinitiating that action shall immediately furnish a certified copy of theinitial pleading to the commission, which act shall be deemed to suspendthe provisions of such agreement pending a final and nonappealable judgmentor disposition of such action. Upon receipt of the notification, thecommission shall immediately notify each affected political subdivision andperson providing energy services of the suspension of those agreements. Noseller or distributor shall provide energy services after it receivesnotice from the commission that the seller's agreements have been suspendedpursuant to subsection 1 or 2 of section 393.299.
2. In the event that the provisions of section 393.299 are declaredto be void or invalid by final judgment of a court of competentjurisdiction, no energy services shall be permitted except upon a findingof public convenience and necessity and compliance with all provisions ofthis chapter, regulations adopted pursuant to this chapter, and commissionorders. No refund of any tax or fee shall be made to any seller that signsan agreement waiving its right to challenge the validity of section393.299.
(L. 1998 S.B. 627)Effective 7-10-98