Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: Applications to the commission requesting
relief under statutory or other authority must meet the requirements set forth
in this rule.
(1) All
applications shall comply with the requirements of these rules and shall
include the following information:
(A) The
legal name of each applicant, a brief description of the legal organization of
each applicant, whether a Missouri corporation, foreign corporation,
partnership, proprietorship, or other business organization, the street and
mailing address of the principal office or place of business of each applicant
and each applicant's electronic mail address, fax number and telephone number,
if any;
(B) If any applicant is a
Missouri corporation, a Certificate of Good Standing from the secretary of
state;
(C) If any applicant is a
foreign corporation, a certificate from the secretary of state that it is
authorized to do business in Missouri;
(D) If any applicant is a partnership, a copy
of the partnership agreement;
(E)
If any applicant does business under a fictitious name, a copy of the
registration of the fictitious name with the secretary of state;
(F) If any applicant is a political
subdivision, a specific reference to the statutory provision and a specific
reference to any other authority, if any, under which it operates;
(G) If any applicant has submitted the
applicable information as set forth in subsections (1)(B)-(F) of this rule in a
previous application, the same may be incorporated by reference to the case
number in which the information was furnished, so long as such applicable
information is current and correct;
(H) A brief statement of the character of
business performed by each applicant;
(I) Name, title, address, and telephone
number of the person to whom correspondence, communications, and orders and
decision of the commission are to be sent, if other than to the applicant's
legal counsel;
(J) If any applicant
is an association, other than an incorporated association or other entity
created by statute, a list of all of its members;
(K) A statement indicating whether the
applicant has any pending action or final unsatisfied judgments or decisions
against it from any state or federal agency or court which involve customer
service or rates, which action, judgment, or decision has occurred within three
(3) years of the date of the application;
(L) A statement that no annual report or
assessment fees are overdue; and
(M) All applications shall be subscribed and
verified by affidavit under oath by one (1) of the following methods: if an
individual, by that individual; if a partnership, by an authorized member of
the partnership; if a corporation, by an authorized officer of the corporation;
if a municipality or political subdivision, by an authorized officer of the
municipality or political subdivision; or by the attorney for the applicant if
the application includes or is accompanied by a verified statement that the
attorney is so authorized.
(2) If any of the items required under this
rule are unavailable at the time the application is filed, they shall be
furnished prior to the granting of the authority sought.
(3) If the purchaser or any other necessary
party to a transaction for which approval is sought under the provisions of
4 CSR
240-3.110,
4 CSR
240-3.115,
4 CSR
240-3.210,
4 CSR
240-3.215,
4 CSR
240-3.310,
4 CSR
240-3.315,
4 CSR
240-3.405,
4 CSR
240-3.410,
4 CSR
240-3.520,
4 CSR
240-3.525,
4 CSR
240-3.605, or
4 CSR
240-3.610 is not subject to the jurisdiction of the
commission, but will be subject to the commission's jurisdiction after the
transaction, the purchaser or other necessary party must comply with these
rules.
(4) In addition to the
requirements of section (1), applications for variances or waivers from
commission rules and tariff provisions, as well as those statutory provisions
which may be waived, shall contain information as follows:
(A) Specific indication of the statute, rule,
or tariff from which the variance or waiver is sought;
(B) The reasons for the proposed variance or
waiver and a complete justification setting out the good cause for granting the
variance or waiver; and
(C) The
name of any public utility affected by the variance or waiver.
(5) Except for telecommunications
companies and providers of video services or interconnected voice over Internet
protocol (IVoIP) services, a name change may be accomplished by filing the
items below with a cover letter requesting a change of name. Notwithstanding
any other provision of these rules, the items required herein may be filed by a
nonattorney. Applications for approval of a change of name shall include:
(A) A statement, clearly setting out both the
old name and the new name;
(B)
Evidence of registration of the name change with the Missouri secretary of
state; and
(C) Either an adoption
notice and revised tariff title sheet with an effective date which is not fewer
than thirty (30) days after the filing date of the application, or revised
tariff sheets with an effective date which is not fewer than thirty (30) days
after the filing date of the application.
(6) In addition to the general requirements
set forth above, the requirements found in Chapter 3 of the commission's rules
pertaining to the filing of various types of applications must also be
met.
*Original authority: 386.250, RSMo 1939, amended 1963,
1967, 1977, 1980, 1987, 1988, 1991, 1993, 1995, 1996 and 386.410, RSMo 1939,
amended 1947, 1977, 1996.
State ex rel. Kansas City Transit, Inc. v. Public Service
Commission, 406 S.W.2d 5 (Mo. banc 1966). Commission is an administrative body
of powers limited to those expressly granted by statute or necessary or proper
to effectuate statutory purpose. Commission's authority to regulate does not
include right to dictate manner in which company conducts its
business.
