1 | 1 | | |
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2 | 2 | | FIRST REGULAR SESSION |
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3 | 3 | | SENATE BILL NO. 140 |
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4 | 4 | | 103RD GENERAL ASSEMBLY |
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5 | 5 | | INTRODUCED BY SENATOR BLACK. |
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6 | 6 | | 1032S.01I KRISTINA MARTIN, Secretary |
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7 | 7 | | AN ACT |
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8 | 8 | | To amend chapter 393, RSMo, by adding thereto one new section relating to electric reliability. |
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9 | 9 | | |
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10 | 10 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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11 | 11 | | Section A. Chapter 393, RSMo, is amended by adding thereto 1 |
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12 | 12 | | one new section, to be known as section 393.1800, to read as 2 |
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13 | 13 | | follows:3 |
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14 | 14 | | 393.1800. 1. As used in this section, the following 1 |
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15 | 15 | | terms shall mean: 2 |
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16 | 16 | | (1) "Appropriate regional transmission organization or 3 |
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17 | 17 | | independent system operator", the Midcontinent Independen t 4 |
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18 | 18 | | System Operator or the Southwest Power Pool, or any 5 |
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19 | 19 | | successor organization; 6 |
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20 | 20 | | (2) "Sufficient capacity", owned or contracted for 7 |
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21 | 21 | | capacity that meets the planning reserve margin or successor 8 |
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22 | 22 | | metric established by the appropriate regional transmiss ion 9 |
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23 | 23 | | organization or independent system operator or, in the case 10 |
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24 | 24 | | of an electrical corporation that is not a participant in a 11 |
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25 | 25 | | regional transmission organization or independent system 12 |
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26 | 26 | | operator that meets the planning reserve margin or successor 13 |
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27 | 27 | | metric established by the commission. 14 |
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28 | 28 | | 2. The commission may require electrical corporations 15 |
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29 | 29 | | to provide documentation, annually in a format determined by 16 |
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30 | 30 | | the commission, reflecting an electrical corporation's plan 17 |
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31 | 31 | | to own or have rights to sufficient capacit y to meet the 18 |
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32 | 32 | | electrical corporation's capacity obligations for the 19 SB 140 2 |
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33 | 33 | | upcoming planning year and each of the three subsequent 20 |
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34 | 34 | | planning years. An electrical corporation shall submit such 21 |
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35 | 35 | | documentation, which shall document the electrical 22 |
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36 | 36 | | corporation's capacity position for the upcoming year and 23 |
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37 | 37 | | three succeeding planning years, consistent with resource 24 |
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38 | 38 | | adequacy requirements of the appropriate regional 25 |
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39 | 39 | | transmission organization or independent system operator, or 26 |
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40 | 40 | | the commission, including by season or o ther applicable time 27 |
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41 | 41 | | period, within thirty days after the appropriate regional 28 |
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42 | 42 | | transmission organization or independent system operator, or 29 |
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43 | 43 | | the commission, if applicable, makes a final determination 30 |
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44 | 44 | | as to the electrical corporation's resource adequacy 31 |
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45 | 45 | | requirements for the upcoming planning year. 32 |
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46 | 46 | | 3. The commission may require any additional audits 33 |
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47 | 47 | | and reporting as the commission considers necessary to 34 |
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48 | 48 | | determine whether an electrical corporation's plan provides 35 |
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49 | 49 | | for the electrical corporation's o wnership or contractual 36 |
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50 | 50 | | rights to sufficient capacity for the planning year 37 |
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51 | 51 | | beginning four years after the beginning of the current 38 |
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52 | 52 | | planning year. 39 |
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53 | 53 | | 4. If an electrical corporation fails to have 40 |
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54 | 54 | | sufficient capacity for the upcoming planning year, a nd it 41 |
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55 | 55 | | is determined by the commission to be the result of the 42 |
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56 | 56 | | electrical corporation's imprudence, the commission may 43 |
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57 | 57 | | disallow, after conducting a hearing, any associated costs 44 |
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58 | 58 | | related to the failure in a future proceeding. The 45 |
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59 | 59 | | commission may require submission of a plan by the 46 |
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60 | 60 | | electrical corporation within six months to resolve any 47 |
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61 | 61 | | expected capacity deficiency for the subsequent three 48 |
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62 | 62 | | planning years. 49 |
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63 | 63 | | 5. The commission may promulgate rules necessary to 50 |
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64 | 64 | | implement the provisions of this sectio n. Any rule or 51 SB 140 3 |
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65 | 65 | | portion of a rule, as that term is defined in section 52 |
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66 | 66 | | 536.010, that is created under the authority delegated in 53 |
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67 | 67 | | this section shall become effective only if it complies with 54 |
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68 | 68 | | and is subject to all of the provisions of chapter 536 and, 55 |
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69 | 69 | | if applicable, section 536.028. This section and chapter 56 |
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70 | 70 | | 536 are nonseverable and if any of the powers vested with 57 |
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71 | 71 | | the general assembly pursuant to chapter 536 to review, to 58 |
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72 | 72 | | delay the effective date, or to disapprove and annul a rule 59 |
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73 | 73 | | are subsequently held unconstitutional, then the grant of 60 |
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74 | 74 | | rulemaking authority and any rule proposed or adopted after 61 |
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75 | 75 | | August 28, 2025, shall be invalid and void. 62 |
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76 | 76 | | |
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