Missouri court upholds renewable energy rules [St. Louis Post-Dispatch]
By Jeffrey Tomich, St. Louis Post-Dispatch McClatchy-Tribune Information Services
Nov.
 20--A Missouri appeals court on Tuesday upheld Public Service 
Commission rules outlining how the state's renewable energy law is 
implemented.
The
 opinion from the Western District Court of Appeals reverses a lower 
court order concerning the impact of the green power mandate on electric
 rates. Earlier this year, a Cole County Circuit Court judge had 
declared the rules "unlawful and unreasonable" and remanded the matter 
back to the PSC.
Tuesday's
 court decision is a victory both for the PSC, which spent months 
developing the rules, and renewable energy advocates, who filed a brief 
on the commission's behalf.
Henry
 Robertson, a lawyer representing Renew Missouri, said the lower court 
ruling could have had a "crippling effect" on efforts to advance green 
power in the state if it had been upheld.
Missouri
 voters approved the state's renewable energy standard by a 2-1 ratio in
 2008. The law requires Ameren and other for-profit utilities to 
gradually increase the use of renewable energy through 2021, when 15 
percent of their power must come from wind, sun and other renewable 
resources.
The
 law says the use of renewable energy cannot cause electric rates to 
rise more than 1 percent from what they would be otherwise. The rate cap
 provision in the rules was at the heart of the legal battle.
The
 PSC rules require utilities to use a 10-year average when calculating 
the 1 percent rate impact to allow for higher upfront costs. Utilities 
argued for a narrower definition of how rates are affected.
Tuesday's
 court decision is the latest chapter in a long-standing battle over how
 for-profit utilities in Missouri must add renewable energy to their 
generating portfolios. And it may not be over yet.
Ameren
 Missouri and other utilities that challenged the PSC rules may seek a 
rehearing or try to get the state Supreme Court to take up the case.
An
 official with Missouri Energy Development Association, the utility 
lobby in the state, wasn't available Tuesday afternoon. An Ameren 
Missouri spokeswoman said the utility had no immediate comment and said 
the utility was still reviewing the court opinion.
___
(c)2012 the St. Louis Post-Dispatch
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