Missouri section 393.1400: new nuclear units excluded from qualifying-plant rate treatment

Missouri's current section 393.1400, effective 28 August 2025, excludes new nuclear generating units from the qualifying-electric-plant rate treatment. The section states that it expires on 31 December 2040, with amortization of existing regulatory-asset balances continuing. It does not certificate a plant.

Category: Laws, rules and executive directives
Status: In effect
Instrument: statute · RSMo 393.1400
Issued by: Missouri General Assembly
Jurisdiction: Missouri
Affects: Utility cost recovery
In effect from: 28 Aug 2025 · actual · day
Expiry or completion: 2040-12-31 — The section says it expires on this date, except that amortization of regulatory asset balances arising under the section continues and remaining balances stay in rate base on the treatment the commission already approved. That date has not occurred.
Operative text: Revised Statutes of Missouri section 393.1400 (Revisor section page opened 4 October 2026)
Last checked · next review: 2026-10-05 · 2027-04-15

Legal and geographic scope

Current compilation of section 393.1400. The revisor page prints Effective - 28 Aug 2025 and says the section has three histories. Those earlier acts were not opened. A qualifying electric plant is all rate-base additions except additions for new coal-fired generating units, new nuclear generating units, or additions that increase revenues by allowing service to new customer premises. Subsection 7 says the section expires on 31 December 2040, except that amortization of regulatory asset balances arising under the section continues in rates and remaining balances stay in rate base on the treatment the commission already approved. The exclusion is from this rate treatment. It is not a certificate for a plant, and it is not a ban on nuclear construction.

Not approved or still pending

The three histories were not opened, so this record does not say which act created the nuclear exclusion. No unspent balance or award is stated. The section does not certificate a plant. The governor's order creating the Missouri Advanced Nuclear Energy Task Force was not opened; a catalog card is not the order. No project is linked. Missouri's other opened sections are not this instrument.

Dated lifecycle

28 Aug 2025 · actual · day · Took effect — The revisor page prints Effective - 28 Aug 2025. The three histories named on that line were not opened. (Revised Statutes of Missouri section 393.1400)

Definitions in this instrument

Qualifying electric plant (RSMo 393.1400(1)(3)): All rate-base additions, except rate-base additions for new coal-fired generating units, new nuclear generating units, or rate-base additions that increase revenues by allowing service to new customer premises.
Legal definition used by this instrument only; SMRMap's inclusion rule for SMRs is separate and unchanged.

Projects or designs named by the source

None. Location in this jurisdiction does not make a project eligible for, or approved under, this measure.

Sources

Revised Statutes of Missouri section 393.1400 (government_primary, accessed 2026-10-04)