Grain Belt Express Clean Line, LLC v. Public Service CommissionAnnotate this Case
At issue was whether consent is required from would-be affected counties before the Missouri Public Service Commission can issue a line certificate of convenience and necessity (CCN) pursuant to the statute governing line CCNs, Mo. Rev. Stat. 393.170.1.
Grain Belt Express Clean Line, LLC filed an application for a line CCN with the Commission seeking the Commission’s approval of Grain Belt’s proposed construction of an interstate electrical transmission line and associated facilities. The Commission denied the application for a line CCN, concluding that it was bound by In re Ameren Transmission Co. of Illinois (ATXI), 523 S.W.3d 21 (Mo. App. 2017), which purported to require prior consent from each county affected by the proposed construction. The Supreme Court reversed the Commission’s order, holding (1) the Commission’s reliance on ATXI was error because section 393.170.1 does not require prior consent from affected counties; and (2) to the extent that ATXI suggests consent from every would-be affected county is required before the Commission can grant a line CCN, it should not be followed.