BEFORE THE PUBLIC SERVICE COMMISSION
OF THE STATE OF
Andrew Monroe, )
)
Complainant, )
)
vs. ) File No. EC-2013-0376
)
Union
Electric Company d/b/a Ameren )
Missouri )
ATTN: Legal Representative )
1901Chouteau Avenue )
St. Louis, MO 63103 )
)
CERTIFIED MAIL )
)
Respondent. )
NOTICE OF CONTESTED CASE AND
ORDERS FOR SMALL FORMAL COMPLAINT
Issue Date: January 30, 2013 Effective Date: January 30, 2013
The Commission is giving notice of a
contested case and making orders under small formal complaint procedure.
A.
Contested Case
On January 30, 2013, the complainant
filed the complaint, a copy of which is attached. The filing of a complaint
requires the Commission to set a hearing.[1] The requirement of a hearing on such
issues signifies a contested case.[2] A contested case is a formal hearing
procedure, but it allows for waiver of procedural formalities and a decision
without an evidentiary hearing, including by stipulation and agreement.[3] Also, as an alternative to the formal
evidentiary hearing procedure, the Commission offers mediation. Mediation is a
voluntary process in which a neutral person assists the parties in exploring
opportunities for settlement. Upon a request for mediation, the Commission may
suspend the schedule set forth in this order.
B.
Small Formal Complaint
For any formal complaint, the
Commission’s regulations provide:
Upon the filing of a complaint in compliance with these
rules, the secretary of the commission shall serve by certified mail, postage
prepaid, a copy of the complaint upon the person, corporation or public utility
against whom the complaint has been filed, which shall be accompanied by a
notice that the matter complained of be satisfied or that the complaint be
answered by the respondent, unless otherwise ordered, within thirty (30) days
of the date of the notice.[[4]]
Also, the
complaint alleges facts to which the Commission applies small formal complaint procedure,[5] for which the Commission’s regulations
provide:
When a complaint is filed that
qualifies for handling as a small formal complaint, the assigned regulatory law
judge shall direct the secretary of the commission to serve, by certified mail,
postage prepaid, a copy of the complaint upon the [respondent]. At the same
time, the regulatory law judge shall notify all parties that the complaint will
proceed under the small formal complaint process. The [respondent] is allowed
thirty (30) days after the date of notice to satisfy the complaint or file an
answer[.[6]]
In
addition, the Commission’s regulation for small formal complaints requires:
The commission's staff shall, within
forty-five (45) days after the complaint is filed, investigate the complaint
and file a report detailing staff's findings and recommendations.[[7]]
The
Commission will proceed under the small formal complaint process.
The Commission orders that:
1.
The
complaint shall proceed under the small formal complaint process.
2.
The
secretary of the commission shall serve a copy of the complaint upon the
respondent, by certified mail, postage prepaid.
3.
The
respondent shall file an answer no later than March 1, 2013.
4.
The
commission's staff shall investigate the complaint and file a report detailing
staff's findings and recommendations no later than March 20, 2013.
5.
This order is effective immediately upon issuance.
BY
THE COMMISSION
( S E A L )
Daniel Jordan, Senior Regulatory Law
Judge,
by delegation of authority pursuant
to Section 386.240, RSMo 2000.
Dated at
on this 30th day of January, 2013.