In the Matter of the Application of UNION ELECTRIC COMPANY d/b/a Ameren Missouri for Permission and Approval and a Certificate of Public Convenience and Necessity Authorizing It to Construct a Wind Generation Facility; Office of the Public Counsel, Appellant,
v.
MISSOURI PUBLIC SERVICE COMMISSION, Respondent.
Missouri Court of Appeals, Western District.https://leagle.com/images/logo.png
Opinion Filed: October 22, 2019.
Motion for Rehearing and/or Transfer to Supreme Court Denied November 26, 2019.
Application for Transfer Denied February 4, 2020.
Attorney(s) appearing for the Case
Caleb Hall , Jefferson City, MO, Counsel for Appellant.
Marc Poston , Jefferson City, MO, Co-Counsel for Appellant.
Shelley Brueggemann , Jefferson City, MO, Counsel for Respondent, Public Serv. Comm.
John Borgmeyer , Jefferson City, MO, Co-Counsel for Respondent, Public Serv. Comm.
Jennifer Heintz , Jefferson City, MO, Co-Counsel for Respondent, Public Serv. Comm.
Kevin Thompson , Jefferson City, MO, Co-Counsel for Respondent, Public Serv. Comm.
James Lowery , Columbia, MO, Counsel for Respondent, Union Electric.
Wendy Tatro , St. Louis, MO, Co-Counsel for Respondent, Union Electric.
The PSC's Report and Order is affirmed.
Division Three holds:
Where the plain and ordinary meaning of Missouri's Renewable Energy Standards and the RESRAM regulation allow up to one-hundred percent of the interim Wind Farm depreciation expense and where nothing in the PISA statute indicates an intention to limit the RESRAM mechanism, the two statutory schemes are not mutually exclusive, and RESRAM could also be used to adjust rates in the interim to account for the fifteen percent of depreciation costs not deferred through PISA.
Before Division Three: Gary D. Witt, P.J., Edward R. Ardini, and Thomas N. Chapman, JJ.
Thomas N. Chapman, Judge.
The Missouri Office of the Public Counsel (OPC) appeals the Report and Order of the Missouri Public Service Commission (PSC) allowing Union Electric Company1 (Ameren) to recapture fifteen percent of its interim depreciation expenses associated with...
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