In re Joint Application of Missouri-American Water Co. & DCM Land, LLC
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The Supreme Court reversed the order of the Public Service Commission granting the joint application of Missouri-American Water Company and DCM Land LLC for variances from Missouri-American Water Company's tariff absent explicit language in the traffic allowing for variances, holding that the Commission did not have the authority to grant the variance.
Water Company and DCM sought three variances from the tariff, which governed the funding of water main extensions. Specifically, the parties sought variances from the language of Rules 23.A.39 and 23.C.6 in the tariff. The Commission granted the requested variances after finding that good cause existed. The Supreme Court reversed, holding that because there was no language in the rules allowing for a variance, the Commission lacked the authority to grant such variances as those sought in this case.
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