Court of Appeals Issues Renewable Energy Standard Decision

On November 20, 2012, the Missouri Court of Appeals for the Western District of Missouri handed down an opinion affirming that the Missouri Public Service Commission (Commission) effectively had withdrawn language from its rule implementing the Renewal Energy Standards Act that conflicted with the law and impaired its effectiveness. The Missouri Energy Development Association (MEDA) had objected to two clauses in the Commission’s extensive rule on the ground that they would unnecessarily increase the cost of renewable energy for customers of electric utilities and frustrate the widest possible use of this important power resource throughout the state. MEDA took legal action to see that the unauthorized geographic sourcing restriction originally adopted by the Commission would not go into effect.
Brydon, Swearengen & England P.C., shareholder Paul A. Boudreau represented MEDA throughout this lengthy process in various proceedings before the Commission, the joint Committee on Administrative Rules, the Circuit Court of Cole County and the Court of Appeals. The case is State ex rel. Missouri Energy Development Association et al. v. Public Service Commission, Case No. WD74896.