393.1080.  Capacity obligation documentation — audits, when — failure to have sufficient capacity — definitions. — 1.  The commission may require an electrical corporation to provide documentation annually, in a format determined by the commission, reflecting its plan to own or have rights to sufficient capacity to meet its capacity obligations for the upcoming planning year and each of the three subsequent planning years.  The electrical corporation shall submit such documentation, which shall include its actual capacity position for the upcoming planning year and a reasonable forecast of its capacity position for the three subsequent planning years consistent with resource adequacy requirements of the appropriate regional transmission organization or independent system operator or commission, including by season or other applicable period, within thirty days after the appropriate regional transmission organization or independent system operator or commission, if applicable, makes a final determination as to the electrical corporation's resource adequacy requirements for the upcoming planning year.

  2.  The commission may require any additional audits and reporting as the commission considers necessary to determine if an electrical corporation's plan provides for electrical corporation ownership or contractual rights to sufficient capacity for the planning year beginning four years after the beginning of the current planning year.

  3.  If an electrical corporation fails to have sufficient capacity for the upcoming planning year and it is determined by the commission to be the result of the electrical corporation's imprudence, the commission may disallow, after a hearing, any associated costs related to said failure in a future proceeding.  The commission may require submission of a plan within six months to resolve any expected capacity deficiency for the subsequent three planning years.

  4.  As used in this section, the following terms shall mean:

  (1)  "Appropriate regional transmission organization or independent system operator", the Midcontinent Independent System Operator or any successor organization or the Southwest Power Pool, or any successor organization;

  (2)  "Electrical corporation", the same as defined in section 386.020, but shall not include an electrical corporation as described in subsection 2 of section 393.110;

  (3)  "Sufficient capacity", owned or contracted-for capacity that meets the planning reserve margin or successor metric established by the appropriate regional transmission organization or independent system operator or, in the case of an electrical corporation that is not a participant in a regional transmission organization or independent system operator, that meets the planning reserve margin or successor metric established by the commission.

  5.  The commission may promulgate rules necessary to implement the provisions of this section.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2025, shall be invalid and void.