MissouriNet: Missouri Supreme Court considers state rule on renewable energy standards
The Missouri Supreme Court’s considering a case involving Renewable Energy Standards.
The Public Service Commission, known as the PSC, proposed a rule in 2010 which included “geographic sourcing” provisions. Those provisions forbid utilities from purchasing renewable energy credits for power produced or consumed outside Missouri.
A joint state legislative committee disapproved those provisions, and the PSC backed away from them in January 2011. Less than a week later, the legislature passed a concurrent resolution to permanently disapprove and suspend the proposed rule which had been placed in the code of state regulations by the secretary of state.
After the governor allowed the legislature’s resolution to become law, a solar company and a state taxpayer – collectively known as the Coalition for the Environment – sued, naming the joint legislative committee, the PSC, the secretary of state and the governor in its suit.
With the case pending, the PSC filed a revised renewable energy standards rule, effective in late 2015, and asked the court to dismiss the lawsuit. When the court granted the PSC’s request, the coalition appealed. It’s arguing, among other things, that the joint legislative committee had no authority to review and disapprove of any part of the Renewable Energy Standard, and that the PCS did not voluntarily withdraw the geographic sourcing provisions and was not free to change its final order of rulemaking.