HOUSE BILL NO. 2046 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE TERRY.
4049H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapter 386, RSMo, by adding thereto one new section relating to reimbursement of customer losses due to power outages.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 386, RSMo, is amended by adding thereto one new section, to be 2 known as section 386.1600, to read as follows: 386.1600. 1. In the event that more than four-fifths of one percent of customers 2 of an investor-owned electric utility are subjected to a continuous power interruption of 3 four or more hours that results in the transmission of power at less than fifty percent of 4 the standard voltage, or that results in the total loss of power transmission, the utility 5 shall be responsible for compensating customers affected by such interruption for all 6 actual damages, including food spoilage, which shall not include consequential damages, 7 suffered as a result of the power interruption. The utility shall also reimburse the 8 affected municipality, county, or other unit of local government in which the power 9 interruption has taken place for all emergency and contingency expenses incurred by 10 the unit of local government as a result of the interruption. A waiver of the 11 requirements of this subsection may be granted by the commission in instances in which 12 the utility can show that the power interruption was a result of any one or more of the 13 following causes: 14 (1) Unpreventable damage due to weather events or conditions; 15 (2) Customer tampering; 16 (3) Unpreventable damage due to civil or international unrest or animals; or
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 2046 2
17 (4) Damage to utility equipment or other actions by a party other than the 18 utility, its employees, agents, or contractors. 19 2. In the event of a power surge or other fluctuation that causes damage and 20 affects more than four-fifths of one percent of customers, the electric utility shall pay to 21 affected customers the replacement value of all goods, including food, damaged as a 22 result of the power surge or other fluctuation unless the investor-owned electric utility 23 can show that the power surge or other fluctuation was due to one or more of the 24 following causes: 25 (1) Unpreventable damage due to weather events or conditions; 26 (2) Customer tampering; 27 (3) Unpreventable damage due to civil or international unrest or animals; or 28 (4) Damage to utility equipment or other actions by a party other than the 29 utility, its employees, agents, or contractors. 30 3. Loss of revenue and expenses incurred in complying with subsections 1 and 2 31 of this section shall not be recovered from ratepayers. 32 4. Customers with respect to whom a waiver has been granted by the 33 commission under subdivisions (1) to (4) of subsection 1 and subdivisions (1) to (4) of 34 subsection 2 shall not count toward the four-fifths of one percent of the total customers 35 required by subsections 1 and 2 of this section. 36 5. Remedies provided for under this section shall be sought exclusively through 37 the public service commission. Damages awarded under this section for a power 38 interruption shall be limited to actual damages, which shall not include consequential 39 damages, and litigation costs. A utility's request for a waiver of this section shall be 40 timely if filed no later than thirty days after the date on which a claim is filed with the 41 commission seeking damages or expense reimbursement under this section. No utility 42 shall be liable under this section while a request for waiver is pending. Damage awards 43 shall not be paid out of utility rate funds. 44 6. The provisions of this section shall not in any way diminish or replace other 45 civil or administrative remedies available to a customer or a class of customers. 46 7. The public service commission may promulgate all necessary rules and 47 regulations for the administration of this section. Any rule or portion of a rule, as that 48 term is defined in section 536.010, that is created under the authority delegated in this 49 section shall become effective only if it complies with and is subject to all of the 50 provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 51 536 are nonseverable and if any of the powers vested with the general assembly 52 pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul HB 2046 3
53 a rule are subsequently held unconstitutional, then the grant of rulemaking authority 54 and any rule proposed or adopted after August 28, 2026, shall be invalid and void. ✔
Statutes affected: