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SB1411 • 2026

Creates provisions relating to a competitive retail electricity market

Creates provisions relating to a competitive retail electricity market

Energy
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Schroer, Nick; House handler: N/A
Last action
2026-03-31
Official status
Hearing Conducted S Commerce, Consumer Protection, Energy & the Environment Committee
Effective date
2026-08-28

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Creates provisions relating to a competitive retail electricity market

The following summaries of this bill are available: Print All Summaries Introduced Print SB 1411 - The act creates "The Electrical Choice and Competition Law".

What This Bill Does

  • The following summaries of this bill are available: Print All Summaries Introduced Print SB 1411 - The act creates "The Electrical Choice and Competition Law".
  • Provisions of the act shall govern the sale of electricity in the state and any provision of law that conflicts with the act shall be null and void.
  • Under the act, an electric utility shall provide equal and open access to electric supply over the electric utility's transmission and distribution systems to allow retail electric suppliers to sell electricity directly to retail customers in the state.
  • Twenty-four months after August 28, 2026, the Public Service Commission shall permit commercial and industrial customers of electric utilities to choose a retail electric supplier, as defined in the act.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-03-31 Missouri House of Representatives and Missouri Senate

    Hearing Conducted S Commerce, Consumer Protection, Energy & the Environment Committee

  2. 2026-02-05 S304

    Second Read and Referred S Commerce, Consumer Protection, Energy & the Environment Committee

  3. 2026-01-07 S89

    S First Read

  4. 2025-12-05 Missouri House of Representatives and Missouri Senate

    Prefiled

Official Summary Text

The following summaries of this bill are available:

Print All Summaries

Introduced

Print

SB 1411 - The act creates "The Electrical Choice and Competition Law". Provisions of the act shall govern the sale of electricity in the state and any provision of law that conflicts with the act shall be null and void.

Under the act, an electric utility shall provide equal and open access to electric supply over the electric utility's transmission and distribution systems to allow retail electric suppliers to sell electricity directly to retail customers in the state.

Twenty-four months after August 28, 2026, the Public Service Commission shall permit commercial and industrial customers of electric utilities to choose a retail electric supplier, as defined in the act.

Pursuant to the time frame provided for in the act, the Commission shall permit residential customers to choose a retail electric supplier. The ability of energy assistance residential customers to retain access to all financial assistance benefits shall not be affected by the provisions of the act.

Each electric utility shall submit to the Commission a restructuring plan to assist retail customers to choose a retail electric supplier. The plan shall be submitted pursuant to a schedule established by the Commission, as described in the act. Specifics of the plan are described in the act. The Commission shall review each restructuring plan and issue an order accepting, modifying, or rejecting the plan, as described in the act.

Electric utilities shall unbundle the electric rates consistent with the provisions of the act. After the implementation of the unbundling process, the Commission shall regulate the manufacture, sale, and distribution of electricity pursuant to the provisions of the act.

Electric utilities shall be permitted to recover transition costs pursuant to the time frame and divestiture process under the act. The Commission shall approve the recovery and time periods over which the stranded costs are to be collected by the competitive transition charge as described in the act.

Electric utilities shall divest their generation assets pursuant to the specifics described in the act and with the approval of the Commission.

Electric utilities shall provide default supply service to retail customers who do not choose a retail electric supplier as described in the act. Allocation of direct and indirect costs incurred from the provision of the default supply service is described in the act.

The Commission may establish a separate process for electric supply service for energy assistance customers. The process shall include a grouping of energy assistance customers into an aggregation program. Specifics of the aggregation program are described in the act. If an energy assistance customer chooses to opt-out of the aggregation program, the customer shall no longer be eligible for any energy assistance relief.

All electric utilities shall provide open and nondiscriminatory access to their data and systems to retail electric suppliers. Retail electric suppliers shall obtain customer consent prior to receiving certain customer data. The Commission shall develop a process to obtain customer consent for the release of the customer data as described in the act. Retail customers shall be able to select their preferred billing method, as described in the act. Electric utilities shall implement an accelerated switching process where residential customers may change retail electric suppliers as described in the act. Certain customers moving within a service area shall continue receiving electric service from the same retail electric supplier without being required to switch to a different retail electric supplier.

Six months after August 28, 2026, the Commission shall develop a customer education program to ensure all retail customers have access to accurate information about their ability to choose a retail electric supplier. Specifics of the program are described in the act.

The Commission shall establish the "Office of Retail Market Development and Oversight" to be funded by an annual assessment of retail electric suppliers based on a formula developed by the Commission but not to exceed $20,000 annually per retail supplier license. The authority and responsibilities of the Office are described in the act.

No person or company shall supply electric service in the state without obtaining a retail electric supplier license from the Commission. The Commission shall develop a licensing process as described in the act. The Commission shall monitor the retail power market for the supply and distribution of electricity to retail customers to ensure retail electric suppliers are not engaged in anti-competitive or discriminatory practices.

If the Commission finds that a retail electric supplier engaged in anti-competitive or discriminatory practices, the Commission shall ask the Attorney General to file a civil action. If the court finds that a violation occurred, the court may impose civil penalties, damages, and other relief described in the act. Any proceedings initiated under this provision shall be subject to the provisions relating to procedures before the Commission and provisions relating to the Office of the Public Counsel. Provisions under the act that are applicable to proceedings involving electric utilities shall also apply to retail electric suppliers.

This act is identical to SB 487 (2025), and similar to HB 2207 (2026), HB 2233 (2026), and HB 417 (2025).
JULIA SHEVELEVA

Current Bill Text

Read the full stored bill text
SECOND REGULAR SESSION
SENATE BILL NO. 1411
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHROER.
5873S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 393, RSMo, by adding thereto thirteen new sections relating to a competitive
retail electricity market.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 393, RSMo, is amended by adding thereto 1
thirteen new sections, to be known as sections 393.2000, 2
393.2003, 393.2006, 393.2009, 393.2012, 393.2015, 393.2018, 3
393.2021, 393.2024, 393.2027, 393.2030, 393.2033, and 393.2036, 4
to read as follows:5
393.2000. 1. Sections 393.2000 to 393.2036 shall be 1
known and may be cited as the "Electrical Choice and 2
Competition Law". 3
2. Consistent with the timelines established in 4
section 393.2006, the provisions of sections 393.2000 to 5
393.2036 shall govern the sale of electric energy in the 6
state of Missouri and any provision of law that conflicts 7
with the provisions of sections 393.2000 to 393.2036 shall 8
be null and void. 9
3. For purposes of sections 393.2000 to 393.2036, the 10
commission shall promulgate rules to implement the 11
provisions in sections 393.2000 to 393.2036. Any rule or 12
portion of a rule, as that term is defined in section 13
536.010, that is created under the authority delegated in 14
this section shall become effective only if it complies with 15
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and is subject to all of the provisions of chapter 536 and, 16
if applicable, section 536.028. This section and chapter 17
536 are nonseverable and if any of the powers vested with 18
the general assembly pursuant to chapter 536 to review, to 19
delay the effective date, or to disapprove and annul a rule 20
are subsequently held unconstitutional, then the grant of 21
rulemaking authority and any rule proposed or adopted after 22
August 28, 2026, shall be invalid and void. 23
393.2003. As used in sections 393.2000 to 393.2036, 1
the following terms shall mean: 2
(1) "Aggregation program", a grouping of retail 3
customers into a buying group to purchase energy generation 4
services in bulk from a retail electric supplier; 5
(2) "Anticompetitive conduct" or "discriminatory 6
conduct", actions by an electric utility that inhibit the 7
ability of retail electric suppliers to provide electric 8
supply to retail customers or that create an impression that 9
any electric supply by an electric utility is superior to 10
offerings in the competitive market or provides an advantage 11
to any related retail electric supplier over nonaffiliated 12
retail electric suppliers; 13
(3) "Commission", the public service commission of the 14
state of Missouri; 15
(4) "Competitive procurement process", an auction or 16
other competitive process in which wholesale electric 17
suppliers submit bids to supply electric supply to an 18
electric utility for purposes of serving default supply 19
service; 20
(5) "Competitive transition charge", non-bypassable 21
charge mechanism for the recovery of transition or stranded 22
costs by an electric utility over a limited time period; 23
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(6) "Default supply service", electric supply service 24
provided by an electric utility, or a non-utility entity 25
selected by the commission, upon transition to a competitive 26
market for customers who do not choose a retail electric 27
supplier; 28
(7) "Delivery service rates", the charges for the 29
delivery or transmission of electric power or energy; 30
(8) "Dual bill", an invoicing framework in which a 31
retail customer receives a bill from a retail electric 32
supplier that includes charges for electric supply services 33
and another bill from the electric utility for transmission 34
and distribution services; 35
(9) "Electric supply" or "electric supply services", 36
the sale or purchase of electricity by a retail customer 37
from a retail supplier or from a default supply service 38
provider; 39
(10) "Electric utility" or "investor-owned utilities", 40
an electrical corporation as defined in section 386.020. 41
"Electric utility" or "investor-owned utilities" shall not 42
include municipally owned electric utilities operating under 43
chapter 91 or rural electric cooperatives operating under 44
chapter 394, but such municipally owned or rural electric 45
cooperatives may choose to opt in to a competitive retail 46
market pursuant the provisions of sections 393.2000 to 47
393.2036; 48
(11) "Energy assistance customers", residential 49
customers who are eligible for energy billing assistance due 50
to their income level and who are enrolled in an energy 51
assistance program; 52
(12) "Hourly prices", charges for default supply 53
service that vary hour to hour and are determined from 54
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wholesale market prices using a methodology approved by the 55
commission; 56
(13) "Independent system operator", an independent and 57
federally regulated entity that coordinates regional 58
transmission to ensure non-discriminatory access to the 59
electric grid and a reliable electricity system; 60
(14) "Large commercial and industrial customer", a 61
customer receiving transmission and distribution service 62
from an electric utility under a non-residential tariff and 63
whose maximum registered peak load is one thousand kilowatt 64
or greater within the last twelve months; 65
(15) "Market power", a company's ability to manipulate 66
the market clearing price of an item by manipulating the 67
level of supply, demand, or both; 68
(16) "Medium commercial or industrial customer", a 69
customer receiving transmission and distribution service 70
from the electric utility under a non-residential tariff and 71
whose maximum registered peak load is one hundred fifty or 72
more kilowatt, but less than one thousand kilowatt, within 73
the last twelve months; 74
(17) "Non-bypassable", a charge that all customers 75
must pay irrespective of their energy supplier; 76
(18) "Rate unbundling", the process of separating the 77
cost components of delivery services from electric supply 78
services in the electric utility tariffs; 79
(19) "Residential customer", a customer receiving 80
transmission and distribution service from the electric 81
utility under a residential tariff; 82
(20) "Retail customer", a customer purchasing electric 83
supply from an electric utility supplier or from a retail 84
electric supplier; 85
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(21) "Retail electric supplier", a person or entity 86
licensed by the commission to furnish electric supply to 87
retail customers; 88
(22) "Small commercial or industrial customer", a 89
customer receiving transmission and distribution service 90
from an electric utility under a non-residential tariff and 91
whose maximum registered peak load is less than one hundred 92
fifty kilowatt within the last twelve months; 93
(23) "Supplier consolidated bill", an invoicing 94
framework in which a single bill is provided to a retail 95
customer by a retail electric supplier that includes charges 96
for electric supply services and transmission and 97
distribution services; 98
(24) "Transition costs" or "stranded costs", costs by 99
electric utilities that are not recoverable in a competitive 100
generation market. Such costs include electric generation 101
related assets and other deferred charges, the unfunded 102
portion of nuclear decommissioning costs, environmental 103
expenses previously incurred, cost obligations under long- 104
term contracts, and consumer education and other costs 105
associated with implementing electric choice, in addition to 106
any costs approved by the commission. These costs are to be 107
collected over a limited time period by the competitive 108
transition charge; 109
(25) "Transmission and distribution service", delivery 110
of electricity provided by an electric utility over its 111
transmission and distribution systems; 112
(26) "Utility consolidated bill", an invoicing 113
framework in which a single bill is provided to a retail 114
customer by an electric utility that includes charges for 115
electric supply services and transmission and distribution 116
services. 117
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393.2006. 1. An electric utility shall provide equal 1
and open access to electric supply over the electric 2
utility's transmission and distribution systems to allow 3
retail electric suppliers to sell electricity directly to 4
retail customers in the state. 5
2. Twenty-four months after August 28, 2026, the 6
commission shall permit commercial and industrial customers 7
of electric utilities to choose a retail electric supplier. 8
3. On a time frame selected by the commission, but no 9
later than eighteen months following the date at which 10
commercial and industrial customers are permitted to choose 11
a retail electric supplier, the commission shall permit 12
residential customers to choose a retail electric supplier. 13
Nothing in this section shall adversely affect the ability 14
of energy assistance residential customers to retain access 15
to all financial assistance benefits currently available to 16
qualifying low-income customers, regardless of the retail 17
customer's choice of supplier of electric supply services. 18
393.2009. 1. Each electric utility shall submit to 1
the commission a restructuring plan to assist retail 2
customers to choose a retail electric supplier for electric 3
supply services under section 393.2006. The plan shall be 4
submitted pursuant to a schedule established by the 5
commission on or before the date that is twelve months prior 6
to the date when commercial and industrial customers are 7
able to choose a retail electric supplier. 8
2. A restructuring plan under this section shall 9
include, but is not limited to, the following: 10
(1) Identification of transition costs and an 11
explanation of mitigation efforts taken by electric 12
utilities to minimize such costs; 13
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(2) Proposed non-bypassable transition charges for 14
each customer class for the recovery of transition costs; 15
(3) Proposed unbundled rates for each retail customer 16
class for generation, transmission, and distribution 17
services; 18
(4) A description of the unbundling process, including 19
an explanation of the steps taken by an electric utility to 20
ensure that the proposed unbundled rates do not result in 21
the creation of cross-subsidies that adversely affect 22
residential customers; 23
(5) Procedures for ensuring the ability of customers 24
to choose a retail electric supplier for electric supply 25
services; 26
(6) Procedures describing the ability of retail 27
suppliers to obtain historic usage data, and other relevant 28
information for pricing, invoicing, and communication 29
functions with retail customers; 30
(7) Procedures describing the process for electric 31
utilities to provide to retail electric suppliers access to 32
retail customer data necessary for pricing, contracting, 33
dual billing, utility consolidated billing, and supplier 34
consolidated billing functions; 35
(8) Procedures governing the default supply service 36
supply rates; and 37
(9) Tariffs and rate schedules implementing each of 38
the procedures in subdivisions (1) to (8) of this subsection. 39
3. The commission shall review each restructuring plan 40
and, after conducting a hearing, issue an order accepting, 41
modifying, or rejecting the plan no later than six months 42
from the filing date of the plan. If the commission rejects 43
the plan, the commission shall state the specific reasons 44
and order the electric utility to file an alternative plan 45
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within thirty days. The commission shall review the 46
alternative plan and accept comments from interested parties 47
in a timely manner. 48
393.2012. 1. Electric utilities shall unbundle the 1
rates charged for generation, transmission, and distribution 2
services for all customer classes consistent with the 3
provisions of sections 393.2006 and 393.2009. 4
2. Following the implementation of the unbundled rates 5
under this section, the commission shall regulate the 6
manufacture, sale, and distribution of electricity pursuant 7
to the provisions of sections 393.2000 to 393.2036. 8
393.2015. 1. Each electric utility shall be permitted 1
to recover transition costs pursuant to the time frame under 2
section 393.2006 and the divestiture process under section 3
393.2018. 4
2. The commission shall approve the recovery and time 5
periods over which the stranded costs are to be collected by 6
the competitive transition charge. The commission shall 7
take into consideration the electric utility's expected rate 8
of return on the generation assets, the proceeds obtained in 9
the divestiture process under section 393.2018, and the 10
effect on a retail customer's electricity costs. The 11
commission may also consider other criteria deemed 12
appropriate by the commission in assessing the stranded cost 13
recovery and the collection period of such costs. 14
393.2018. 1. At any time prior to and consistent with 1
the timeline under section 393.2006, electric utilities 2
shall divest their generation assets. Such generation 3
assets may be divested in one or both of the following 4
options with the approval of the commission: 5
(1) Sell generation assets to an unaffiliated entity 6
or entities at a fair market value; or 7
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(2) Transfer generation assets to a non-utility 8
affiliate at a fair market value. 9
2. During and after the divestiture process under this 10
section, the commission shall determine whether it is 11
necessary to establish, in addition to existing independent 12
system operator market power protections that may be 13
applicable, an independent market monitor to ensure that no 14
entity owns generation assets in an amount that gives that 15
entity market power. 16
393.2021. 1. Consistent with the time frame for 1
choosing a retail electric supplier pursuant to sections 2
393.2006 and 393.2009, electric utilities shall provide 3
default supply service to retail customers that do not 4
choose a retail electric supplier. 5
2. Default supply service for large commercial and 6
industrial customers shall consist of hourly prices for 7
electric energy, along with any additional costs incurred in 8
the provision of such services by the independent system 9
operator. 10
3. Default supply service for medium commercial and 11
industrial customers shall commence with a rate set every 12
six months through a competitive procurement process along 13
with any additional costs incurred in the provision of such 14
services by the independent system operator. If at any time 15
less than seventy percent of the annual megawatt-hour 16
consumption of such rate class is supplied by the electric 17
supply established by the competitive procurement process, 18
the commission shall initiate a proceeding within three 19
months of when the less than seventy percent threshold was 20
reached to phase out the electric supply established by the 21
competitive procurement process and replace it with the 22
hourly priced default supply service. 23
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4. Default supply service for small commercial and 24
industrial customers shall commence with a rate set annually 25
through a competitive procurement process along with any 26
additional costs incurred in the provision of such services 27
by the independent system operator. If at any time less 28
than sixty percent of the annual megawatt-hour consumption 29
of such rate class is supplied by the electric supply 30
established by the competitive procurement process, the 31
commission shall initiate a proceeding within three months 32
of when the less than sixty percent threshold was reached to 33
phase out the electric supply established by the competitive 34
procurement process and replace it with the hourly priced 35
default supply service. 36
5. Default supply service for residential customers 37
shall commence with a rate set annually through a 38
competitive procurement process along with any additional 39
costs incurred in the provision of such services by the 40
independent system operator. If at any time less than fifty 41
percent of the annual megawatt-hour consumption of such rate 42
class is supplied by the electric supply established by the 43
competitive procurement process, the commission shall 44
initiate a proceeding within three months of when the less 45
than fifty percent threshold was reached to phase out the 46
electric supply established by the competitive procurement 47
process and replace it with the hourly priced default supply 48
service or another default supply service approved by the 49
commission. 50
6. The competitive procurement processes under this 51
section shall consist of a wholesale power auction or 52
similar competitive process to establish a clearing price or 53
rate including electric supply, capacity, transmission, 54
ancillary services, and other services identified by the 55
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commission, for the retail customers in each rate class that 56
do not choose a retail electric supplier. Such auctions 57
shall occur pursuant to a schedule approved by the 58
commission consistent with the default supply services under 59
this section and as frequently as necessary. 60
7. For each default supply service rate class category 61
under this section, the retail rate shall also include all 62
administrative and operational costs, including direct and 63
indirect costs, that are incurred to provide default supply 64
service to retail customers. 65
(1) Direct costs to provide default supply service 66
shall be fully allocated to the rate for each rate class. 67
Indirect or shared costs incurred to provide default supply 68
service shall also be allocated to the rate for each rate 69
class. Allocation of indirect or shared costs shall be 70
determined in accordance with the provisions of this chapter 71
and through a fully allocated cost study performed by the 72
electric utility and presented to the commission, subject to 73
stakeholder input. This cost study shall include each and 74
every cost category that can reasonably be deemed necessary 75
to provide or support the provision of default supply 76
service. 77
(2) Indirect costs to be recovered in the default 78
supply service rate under this section shall be re-evaluated 79
at a time period deemed appropriate by the commission but no 80
later than every six months. A commission-approved tariff 81
shall be established to administer the cost allocation 82
mechanism under this section. 83
8. For each rate class, once an hourly priced default 84
supply service has been in operation for six months, the 85
commission shall initiate a proceeding to establish a 86
process to phase out the default supply service with an 87
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alternative electric supply service provided by one or more 88
retail electric suppliers for the purpose of supplying 89
retail customers in the rate class who do not choose a 90
retail electric supplier. 91
393.2024. 1. The commission may establish a separate 1
process for the supply of electric supply service for energy 2
assistance customers in each electric utility service 3
geographical area. This process shall include the grouping 4
of the subset of energy assistance residential customers 5
into an aggregation program. 6
2. The aggregation of customers to be supplied 7
electric supply services by a retail supplier shall be 8
chosen by a competitive bidding process for a term length 9
established by the commission. The competitive bidding 10
process may be repeated in advance of the expiration of the 11
initial term length for the next term. 12
3. The retail supplier selected in the competitive 13
bidding process under this section shall offer a price at or 14
below the default supply service rate set annually through a 15
competitive procurement process for residential customers 16
for the same or similar term length. If the electric supply 17
service chosen by a competitive procurement process for 18
default supply service is replaced with an hourly default 19
supply service, the commission may institute an alternative 20
pricing threshold for purposes of the energy assistance 21
customer aggregation program under this section. 22
4. Energy assistance customers shall have the ability 23
to opt-out of the electric supply service aggregation 24
program. If the energy assistance customers choose to opt- 25
out, such customers shall no longer be eligible for any 26
energy assistance relief. 27
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5. The commission shall hold a public hearing 28
regarding the energy assistance residential customers 29
aggregation program under this section prior to the 30
implementation of the aggregation program. 31
393.2027. 1. All electric utilities shall provide 1
open and nondiscriminatory access to their data and systems 2
as needed to retail electric suppliers. All electric 3
utilities shall continue to provide metering services but 4
customer-specific data and other relevant customer 5
information shall be made available to retail electric 6
suppliers so long as the retail electric suppliers receive a 7
retail customer's consent for the release of the customer 8
data. 9
2. The commission shall develop a process to obtain 10
customer consent for the release of customer data under this 11
section. Commonly used digital signatures or similar 12
methods consistent with the current technological 13
capabilities shall be sufficient to receive customer consent. 14
3. Customer data under this section shall include: 15
(1) At least two years of customer usage and metering 16
data and other information, including, but not limited to, 17
customer details, transmission details, or any issues with 18
transmission, distribution, or billing; 19
(2) Monthly summaries and hourly interval data, if 20
available, of customer usage at the kilowatt-hour and 21
kilowatt measurements. 22
4. During the time period when a retail customer 23
receives electric supply from a retail electric supplier, 24
the electric utility shall make available to the retail 25
electric supplier customer usage data under subsection 3 of 26
this section as necessary to facilitate invoicing in a 27
timely manner. 28
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5. Retail customers shall be able to select their 29
preferred billing method including, but not limited to, a 30
utility consolidated bill of electric supply services and 31
delivery service rates, a retail electric supplier 32
consolidated bill of electric supply services and delivery 33
service rates, as well as the dual billing option for such 34
charges. 35
6. The dual billing option shall be available at the 36
time commercial and industrial customers choose their retail 37
supplier for electric supply services pursuant to section 38
393.2006. 39
7. The commission shall promulgate rules to develop 40
the necessary procedures and requirements to implement the 41
utility consolidated billing and supplier consolidated 42
billing methods under this section to be available at the 43
time residential customers choose their retail electric 44
supplier. 45
8. Within six months after residential customers 46
choose a retail electric supplier, electric utilities shall 47
implement an accelerated switching process where residential 48
customers may change retail electric suppliers within three 49
business days after the customers are permitted to choose a 50
retail electric supplier pursuant to the provision of 51
section 393.2006. Additionally, residential and small 52
commercial and industrial customers moving within an 53
electric utility's geographic service area shall continue to 54
receive electric supply services from the same retail 55
electric supplier without being required to switch to a 56
different retail electric supplier. 57
9. The commission shall have the authority to 58
investigate and establish rules for additional programs 59
designed to improve the retail customer's experience in 60
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choosing a retail electric supplier for electric supply 61
services. Such programs may include, but are not limited 62
to, net-metering incentives, community solar programs, 63
customer referrals, and municipal aggregation programs. 64
393.2030. 1. Six months after August 28, 2026, the 1
commission shall develop a customer education program to 2
ensure that all retail customers have access to accurate 3
information about their ability to choose a retail electric 4
supplier. The program shall explore ways for the commission 5
to work with electric utilities and retail electric 6
suppliers to distribute educational pieces as well as 7
appropriate cost recovery from all customers to support the 8
customer education program. The commission may delegate to 9
the office of retail market development under section 10
393.2033 some or all of the administrative work required in 11
the development of the customer education program. 12
2. To the extent the costs of the customer education 13
program are known when the restructuring plans under section 14
393.2009 are submitted to the commission, costs may be 15
approved for recovery through the non-bypassable competitive 16
transition charge. 17
3. The commission shall explore the use of a website 18
that explains a retail electric supplier's services and 19
makes comparisons between the electric supply services and 20
related products being offered by retail electric suppliers. 21
393.2033. 1. The commission shall establish the 1
"Office of Retail Market Development and Oversight", to be 2
funded by an annual assessment of retail electric suppliers 3
based on a formula to be determined by the commission not to 4
exceed twenty thousand dollars annually per license under 5
section 393.2036. 6
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(1) The office shall have the authority to seek input 7
from all interested parties and to develop a thorough 8
understanding and critical analyses of the tools and 9
techniques used to promote retail energy competition. 10
(2) The office shall monitor existing competitive 11
power market related conditions in the state, identify 12
barriers to retail competition for all customer classes, and 13
actively explore and propose to the commission solutions to 14
overcome identified barriers and enhance the competitive 15
retail power market. 16
(3) The office shall publish a report at the request 17
of the commission, but no less than annually. The report 18
shall include a number of complaints filed against each 19
retail electric supplier, steps taken to resolve the 20
complaints, and any other information deemed relevant by the 21
office. 22
(4) The office shall have the authority to address any 23
violations by a retail electric supplier through an 24
imposition of a probationary status which may include, but 25
shall not be limited to, enhanced oversight and additional 26
reporting requirements. 27
(5) The office shall submit to the commission any 28
recommendation for suspension or revocation of a retail 29
supplier's license if a violation occurred. 30
(6) The office shall develop and implement a 31
commission-approved online-training program that requires a 32
designated representative for each retail electric 33
supplier. By participating in the program, the designated 34
representative shall demonstrate a thorough understanding of 35
the commission's regulations regarding electric supply 36
services, consumer protection, and any other matter the 37
commission deems appropriate. 38
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(7) At the conclusion of the online-training program 39
under subdivision (6) of this subsection, the office shall 40
conduct an online examination and, on a satisfactory score, 41
certify that the designated representative of the retail 42
electric supplier has successfully completed the online- 43
training program in a timely manner. 44
(8) The office shall determine the schedule and 45
frequency by which a designated representative of a retail 46
electric supplier shall complete the training and 47
certification. The commission shall not issue a license to 48
a retail electric supplier for the provision of electric 49
supply service in the state until a designated 50
representative has completed the online-training program and 51
received the certification. 52
2. The office shall make recommendations to the 53
commission concerning the establishment of guidelines for 54
the provision of electric supply services to residential 55
customers that ensure: 56
(1) Accurate and adequate pricing information through 57
marketing and disclosure statements; 58
(2) An understandable format that enables comparing 59
prices and services on a uniform basis; and 60
(3) Processes to confirm and document a customer's 61
intent to switch retail electric suppliers to avoid any 62
unauthorized switches of retail electric suppliers for 63
electric supply services. 64
3. The office, at the discretion of the commission, 65
may be tasked with some or all of the administrative work 66
required in the development of the guidelines under 67
subsection 2 of this section. 68
393.2036. 1. No person or company shall engage in the 1
business of electric supply services in this state unless 2
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the person or company holds a retail electric supplier 3
license issued by the commission. 4
2. The commission shall develop a licensing process to 5
ensure retail electric suppliers seeking to do business in 6
the state are capable of providing adequate electric supply 7
service in the state. The licensing process shall include, 8
but is not limited to: 9
(1) An application to gather information as to whether 10
an applicant has the capacity to provide electric supply 11
service in the state; 12
(2) Internal procedures to process the application 13
under this section no later than ninety days after the 14
application is submitted; 15
(3) Establishing reasonable financial requirements to 16
ensure an applicant is capable of providing electric supply 17
service in the state; 18
(4) A licensing fee and a bond or other financial 19
surety instrument issued by a qualifying financial 20
institution authorized to do business in the state. 21
(a) The amount of the licensing fee shall not exceed 22
ten thousand dollars. 23
(b) The amount of the surety shall equal five hundred 24
thousand dollars per retail electric supplier license issued 25
by the commission. 26
(c) The financial surety shall be conditioned upon the 27
full and faithful performance of all duties and obligations 28
of the applicant as a retail electric supplier and shall be 29
valid for a period of not less than one year. The cost of 30
the surety shall be paid by the applicant. The applicant 31
shall submit a copy of the surety with a notarized 32
verification page from the issuer together with the 33
application; 34
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(5) Training to ensure the applicant shall comply with 35
all state laws and commission rules. 36
3. The commission shall monitor the retail power 37
market for the supply and distribution of electricity to 38
retail customers to ensure retail electric suppliers are not 39
engaged in anticompetitive or discriminatory practices. 40
(1) If the commission finds that a retail electric 41
supplier engaged in anticompetitive or discriminatory 42
practices, the commission shall request the attorney general 43
to commence a civil action against the retail electric 44
supplier in a court of competent jurisdiction. 45
(2) If the court finds that a violation occurred, the 46
court may impose civil penalties in the amount not to exceed 47
one hundred thousand dollars per violation, damages, 48
injunctive relief, attorney fees, and any such other relief 49
the court finds appropriate. 50
(3) Any proceedings initiated pursuant to this section 51
shall be subject to the provisions of sections 386.400 to 52
386.610 and sections 386.700 to 386.710. Provisions of 53
sections 393.2000 to 393.2036 that are applicable to 54
proceedings involving electric utilities shall also apply to 55
retail electric suppliers. 56
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