During the 2005 legislative session, regulated utilities combined (through an umbrella organization called MEDA, the Missouri Energy Development Association) to push through a heavily-lobbied package of surcharges.
It is the only law of its kind in the country.
Section 393.266 RSMo, which became effective on January 1, 2006, authorizes the Public Service Commission (PSC) to promulgate rules implementing these new surcharges. So far little progress has been made in developing these rules, as monopoly utilities reject the inclusion of any meaningful consumer protections in the rules.
Each of these surcharges would increase rates without a full audit and rate case at the PSC. Each of these surcharges allow “single-issue ratemaking”, an unfair method of setting rates because rates are changed without taking into account all relevant factors (i.e., changing rates for one increasing expense, but not offsetting it against other decreasing expenses).
Fuel Adjustment Clause (386.266.1)—This surcharge will allow fluctuating electric rates based on “fuel and purchased power” expenses. Your electric rates will become volatile, just as natural gas rates now fluctuate with the Purchased Gas Adjustment. This surcharge was struck down by the Missouri Supreme Court in 1979, but is being reauthorized.
Because electric companies have many sources of fuel and purchased power, the current system provides an incentive to aggressively procure the most efficient source. (Even AmerenUE’s CEO has admitted that the lack of a Fuel Adjustment Clause in the past encouraged efficiencies). The new law will reduce or eliminate that incentive, allowing costs to simply be “passed through” without the thorough audit of a rate case.
These fuel surcharges are likely to encourage the purchase of expensive power from outside Missouri.
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