reglab/housing_qa huggingface dataset:
MS Code § 77-3-91 (2020)
2020 Mississippi Code|Title 77 - Public Utilities and Carriers|Chapter 3 - Regulation of Public Utilities|Article 1 - Certificates of Public Convenience and Necessity; Rates; Service|§ 77-3-91. Definitions applicable to §§ 77-3-91 through 77-3-95

 The following terms when used in Sections 77-3-91 through 77-3-95 shall have the following meaning:   "Utility" means an entity as defined in Section 77-3-3(d)(i), Mississippi Code of 1972, and whose rates for retail electric service are subject to regulation in this state.   "Commission" means the Mississippi Public Service Commission.   "Return" means before-tax return on common equity capital of the utility.   "Non-utility generator" means an entity selling electric capacity or energy at wholesale and which is not itself a utility as defined in paragraph (a) of this section. Non-utility generator shall not include any entity that is making the sale to the purchasing utility pursuant to a holding company system pooling agreement or a wholesale power sales agreement between or among affiliates where the allocation of power is mandated by the Federal Energy Regulatory Commission.   "Non-associated source" means an entity which is not an affiliate or a subsidiary of the utility.   "Capacity" means that portion of a wholesale purchase which represents the availability of the generating unit to produce the energy to be transmitted to the purchasing utility.   "Energy" means the electricity, as opposed to the availability, received by the purchasing utility pursuant to the sale.
MS Code § 77-3-93 (2020)
2020 Mississippi Code|Title 77 - Public Utilities and Carriers|Chapter 3 - Regulation of Public Utilities|Article 1 - Certificates of Public Convenience and Necessity; Rates; Service|§ 77-3-93. Cost of purchasing electricity from non-utility generator for period in excess of 30 days included as expense item for purpose of calculating rates

  Whenever a utility purchases at wholesale from a non-utility generator or some non-associated source all or a portion of its electric capacity and/or energy requirements for a period in excess of thirty (30) days, such utility shall be entitled to include as expense items in its revenue requirements, for the purpose of the calculation of its rates for retail service, the cost of such capacity and energy so purchased, and in addition to such cost, an amount representing a return on the capacity purchased over the period of the test year which is being used to calculate the revenue requirements. This amount shall be calculated using the return allowed by the commission as provided in Section 77-3-95.   Nothing in Sections 77-3-91 through 77-3-95 shall be interpreted to allow a return on the energy purchased by a utility pursuant to its obligation to purchase energy under the federal Public Utilities Regulatory Policy Act of 1978.
MS Code § 77-3-95 (2020)
2020 Mississippi Code|Title 77 - Public Utilities and Carriers|Chapter 3 - Regulation of Public Utilities|Article 1 - Certificates of Public Convenience and Necessity; Rates; Service|§ 77-3-95. Utilities to report to public utility staff and public service commission purchases of electricity from non-utility generator for period in excess of 30 days; public comment on report; hearings

  Before a utility may receive the return on the cost of such capacity purchase, the utility shall report the purchase to the Public Utilities Staff and the Public Service Commission. The utility shall also send notice of the purchase to persons who have requested same and are on the list maintained for that purpose by the Secretary of the Public Service Commission. The Public Utilities Staff shall investigate the purchase to determine:   Whether the purchase is in the best interest of the utility and of the retail customers of the utility;   Whether the portion of the purchase designated as capacity or energy requirements, or both, is appropriate; and   Whether the return filed by the utility in the report of purchase is just and reasonable to the utility and to the retail customers of the utility.     Any third person may comment as deemed appropriate on the report, but if any third person desires a hearing, a written petition must be filed along with all supporting documentation, including all proposed testimony and exhibits supporting the contention that a hearing is needed and supporting the issues that should be considered. These issues may include any of the matters set forth in this section. The Public Utilities Staff shall fully review the information contained in the utility's report and the material submitted by the third party and shall report in writing to the commission.   If upon recommendation of the Public Utilities Staff or at the request of the third party petitioner, or on its own initiative, the commission determines that a hearing should be held, then the commission will set a time for a hearing, determine the issues to be heard and set a schedule for such preliminary matters as it deems necessary for such hearing. If the commission determines that a hearing is not necessary on any or all of the issues set forth in this section, it may determine such issue or issues based upon the record before it and file its final order thereon which shall then be subject to appeal as provided in Sections 77-3-67 through 77-3-73.
MS Code § 77-3-201 (2020)
2020 Mississippi Code|Title 77 - Public Utilities and Carriers|Chapter 3 - Regulation of Public Utilities|Article 3 - General Provisions|§ 77-3-201. Definitions

 As used in this article, the following words and phrases shall include the meanings ascribed by this section unless the context requires a different meaning:   "Owner" shall specifically refer to a holder of an interest in real property which is proposed to be served by a public utility as defined in subparagraph (iv) of paragraph (d) of Section 77-3-3. "Owner" shall include both the plural and the singular and any person, firm, corporation, association or combination of such entities.   "Public utility" includes any person, firm, corporation or association and any public body, political subdivision, agency or instrumentality thereof owning or owning and operating a public utility service described by subparagraph (iv) of paragraph (d) of Section 77-3-3. However, an incorporated municipality which owns or owns and operates such a described public utility service shall not be subject to the provisions of this article. The term "public utility" also includes the successors and assigns of any such public utility.
MS Code § 77-3-203 (2020)
2020 Mississippi Code|Title 77 - Public Utilities and Carriers|Chapter 3 - Regulation of Public Utilities|Article 3 - General Provisions|§ 77-3-203. Property owners' remedies upon utility's failure or refusal to provide service

 If any public utility, other than a municipality, shall fail or refuse to construct within its certificated area any facilities necessary to provide public utility service, or shall fail or refuse to make written commitment to do so, within a reasonable time after written request for such service by any owner of property, which request shall specify with reasonable particularity the type of service desired, such owner may, in addition to any other legal or administrative remedy provided by law and either separately or jointly with any other owner or owners in the area affected, pursue either of the following alternatives or a combination thereof:   In the name of such owner or jointly with any other person, firm or corporation, pursuant to the provisions of Section 77-3-13, apply to the Mississippi Public Service Commission for a certificate of public convenience and necessity to construct the appropriate facilities for furnishing such service or services and to furnish the same within the area affected, and, provided the commission finds that the cancellation of the outstanding certificate would be in the best interest of the consuming public as provided by Section 77-3-21, the fact that a certificate for the same type service or services may have been previously issued to the public utility failing or refusing to furnish such service shall not be prejudicial to such application; or   File with the Mississippi Public Service Commission a set of proposed plans for construction of such facilities and connection of the same with the system or systems of the utility or utilities affected, such plans to conform in all respects to all reasonable requirements of said commission and any other public body having lawful authority to establish standards of construction. The owner shall give twenty (20) days' notice of such filing to said commission and any other public bodies aforesaid and to the public utility or utilities holding a certificate for the area affected. If, after such notice and opportunity for protest and hearing thereon, the commission shall approve such plans or any modification thereof as being supported by present or future public convenience and necessity, the owner may give notice as hereinafter provided and then proceed to let contracts for the construction of the same or to construct the same and, upon proper completion thereof and conveyance or assignment of such facilities and easements to the utility, the holder of the certificate for the area and service affected shall be obliged promptly to connect the same to its systems and provide such service.
MS Code § 77-3-205 (2020)
2020 Mississippi Code|Title 77 - Public Utilities and Carriers|Chapter 3 - Regulation of Public Utilities|Article 3 - General Provisions|§ 77-3-205. Determination of responsibility for costs where construction of facilities is undertaken by owner

 If such plans or any modification thereof shall be approved by the commission as provided by paragraph (b) of Section 77-3-203, the commission may enter an order either in conjunction with such approval, if notice has sufficiently dealt with the subject matter, or pursuant to special application and notice thereof to the parties, that will determine whether the right and responsibility of constructing the facilities for making such connection shall devolve on the owner or the utility and whether the whole or any part of the reasonable expense of connecting such facilities with the system or systems of the utility or utilities affected should be borne initially by such utility or utilities. If the commission should relieve any utility affected from initially undertaking the whole or any part of such connection expense, the commission may nevertheless include the portion of such expense to be initially borne by the owner in the cost of facilities for which the owner may be reimbursed as hereinafter provided.
MS Code § 77-3-207 (2020)
2020 Mississippi Code|Title 77 - Public Utilities and Carriers|Chapter 3 - Regulation of Public Utilities|Article 3 - General Provisions|§ 77-3-207. Owner's agreement with utility as to costs; contract for construction in absence of agreement

 In the event an owner is authorized to construct or cause to be constructed the whole or any part of such proposed facilities pursuant to paragraph (b) of Section 77-3-203 or pursuant to such authority and Section 77-3-205, the owner may first reach written agreement with the holder of the certificate for the area and service affected as to the reasonable cost of doing so, or for a maximum figure of reasonable cost of doing so, which reasonable cost in either event shall be subject to approval of the public service commission. If no such agreement can be reached, the owner may publish notice that bids will be received for construction of the same, which notice shall be published in the manner and for the time as required by law for publication of such notices with respect to contracts for construction by boards of supervisors of counties of this state. However, no contract shall be consummated pursuant thereto until the contract shall be approved by the commission. No such contract shall be executed unless the contractor shall furnish a good and sufficient surety bond, executed by the contractor or contractors and one or more surety companies authorized to do business in this state for the faithful performance of such contract.
MS Code § 77-3-209 (2020)
2020 Mississippi Code|Title 77 - Public Utilities and Carriers|Chapter 3 - Regulation of Public Utilities|Article 3 - General Provisions|§ 77-3-209. Allocation of costs among proposed consumer outlets; reimbursement by utility

 Upon approval by the public service commission of the reasonable cost of construction of the necessary facilities for furnishing such service and the whole or a reasonable part of the expense of connecting such facilities with the system of the utility affected, the owner may apply to said commission for an apportionment of such costs among the proposed outlets for consumer service. Any final order of allocation by the commission shall be binding upon the owner and the public utility affected. After such allocation has been made, the public utility affected shall be obliged to reimburse to the owner that portion of the reasonable cost of construction of such facilities and connection expense or the portion thereof approved by the commission, to the extent of the respective amount thereof allocated to any proposed consumer outlet, such reimbursement to be made within thirty (30) days of commencement of consumer service at such outlet.
MS Code § 77-3-211 (2020)
2020 Mississippi Code|Title 77 - Public Utilities and Carriers|Chapter 3 - Regulation of Public Utilities|Article 3 - General Provisions|§ 77-3-211. Notice prior to construction; inspection during construction and upon completion; deviations

 Before construction shall be undertaken pursuant to paragraph (b) of Section 77-3-203 or Section 77-3-205, five (5) days' written notice shall be given to the public service commission and any other public body having lawful authority over standards of such construction, the public utility affected, and each owner instituting proceedings unless notice for that period shall be waived. Each party in interest and each public body affected shall have the right of entry and inspection of such construction as it progresses and, in addition to any other remedy at law or in equity, may obtain a cease and desist order from the commission to prevent any unauthorized deviation from the plans or modifications thereof approved by said commission or from the reasonable requirements of said commission or other public body aforesaid. All parties entitled to notice shall have the right of inspection of such facilities upon completion. No public utility shall be obliged to accept any conveyance or assignment of such facilities that may be disapproved by said commission or other public body having lawful authority over standards of construction or use of the same or that may be subject to any lien or encumbrance other than the obligation of reimbursement provided for by this article.
MS Code § 77-3-213 (2020)
2020 Mississippi Code|Title 77 - Public Utilities and Carriers|Chapter 3 - Regulation of Public Utilities|Article 3 - General Provisions|§ 77-3-213. Effect of conveyance of property after institution of proceedings on owner's rights

 The conveyance in whole or in part of the property affected after institution of proceedings under this article shall not divest the owner, his heirs, personal representatives, successors or assigns of his, its or their rights accrued under this article unless the same be specifically conveyed or assigned by such conveyance or other written instrument.
MS Code § 77-3-215 (2020)
2020 Mississippi Code|Title 77 - Public Utilities and Carriers|Chapter 3 - Regulation of Public Utilities|Article 3 - General Provisions|§ 77-3-215. Effect of transfer or assignment of public utility system

 The transfer or assignment of the whole or any part of the public utility system of any such public utility shall not defeat any prior right of service, service connection or reimbursement accrued under this article.
MS Code § 77-3-217 (2020)
2020 Mississippi Code|Title 77 - Public Utilities and Carriers|Chapter 3 - Regulation of Public Utilities|Article 3 - General Provisions|§ 77-3-217. Provisions are cumulative and not in derogation of prior law; conduct of proceedings and appeals

 The provisions of this article shall be cumulative to, and not in derogation of, Sections 77-3-21 and 77-3-29.   Any proceedings under the provisions of this article before the public service commission shall be held and conducted as provided by Article 1 of this chapter. Appeals shall be available as a matter of right as provided by Sections 77-3-67 to 77-3-73.
MS Code § 77-3-301 (2020)
2020 Mississippi Code|Title 77 - Public Utilities and Carriers|Chapter 3 - Regulation of Public Utilities|Article 5 - Optional Rate Schedules|§ 77-3-301. Optional rate schedules and minimum charges to be provided in lieu of service charges

 Any person, firm, copartnership or corporation doing business in the State of Mississippi and engaged in the sale or distribution of electricity, gas or water, whose rates or tariffs for such service contain any form of so-called "service charge," shall be required to have fair and reasonable optional rate schedules and minimum charges that do not contain any form of such so-called "service charge," so that the consumer may exercise his option as to the form of rate schedule under which said consumer will be billed for service used. Such optional rate schedules shall not require the payment for each unit of electricity, gas, or water consumed, at a rate in excess of the rates per unit prescribed for use which were in effect prior to the establishment of a "service charge" by such person, firm or corporation affected hereby.
MS Code § 77-3-303 (2020)
2020 Mississippi Code|Title 77 - Public Utilities and Carriers|Chapter 3 - Regulation of Public Utilities|Article 5 - Optional Rate Schedules|§ 77-3-303. Itemized bills required

 All bills rendered to consumers by any public service utility affected by this article shall be itemized so as to show in detail the amount of electricity, gas or water consumed and the rate per unit charged.
MS Code § 77-3-305 (2020)
2020 Mississippi Code|Title 77 - Public Utilities and Carriers|Chapter 3 - Regulation of Public Utilities|Article 5 - Optional Rate Schedules|§ 77-3-305. Violations

 Any amount of money collected by any public utility in wilful violation of Section 77-3-303 may be recovered by an action at law by the consumer from whom it was collected. In addition thereto, any person, firm, copartnership or corporation violating the provisions of this article, shall be guilty of a misdemeanor and upon conviction shall be fined not more than $50.00 for each offense.
MS Code § 77-3-307 (2020)
2020 Mississippi Code|Title 77 - Public Utilities and Carriers|Chapter 3 - Regulation of Public Utilities|Article 5 - Optional Rate Schedules|§ 77-3-307. Exemptions

 The provisions of this article shall not apply:   to municipally or privately owned plants where a flat charge only is made, and no meters are in operation;   to any municipally owned and/or operated public service utility, the net income of which said utility is used solely for governmental purposes and/or for the discharge of governmental obligations and not for private gain;   to the Tennessee Valley Authority or any municipality that purchases gas, water or electric lights and power from the Tennessee Valley Authority; or   to any state corporation chartered by the State of Mississippi, or any corporation doing business in the State of Mississippi, which buys electric current and/or power from the Tennessee Valley Authority for distribution for domestic and/or commercial purposes.
MS Code § 77-3-401 (2020)
2020 Mississippi Code|Title 77 - Public Utilities and Carriers|Chapter 3 - Regulation of Public Utilities|Article 7 - Determination of Adequacy of Service by Telegraph and Telephone Companies|§ 77-3-401. Determination of adequacy of service initiated by petition of attorney general

 Upon the petition therefor by the attorney general, the Mississippi public service commission shall have jurisdiction to determine, after reasonable notice and hearing, whether any domestic telephone or telegraph public service corporation operating under the jurisdiction of the commission, is rendering in a reasonably adequate manner the public service authorized by its charter of incorporation.
MS Code § 77-3-403 (2020)
2020 Mississippi Code|Title 77 - Public Utilities and Carriers|Chapter 3 - Regulation of Public Utilities|Article 7 - Determination of Adequacy of Service by Telegraph and Telephone Companies|§ 77-3-403. Notice to corporation to appear before commission

 Upon the filing of a petition therefor by the attorney general with the public service commission, notice shall be given any such corporation requiring the corporation to appear before the commission at a day certain, not less than thirty (30) days, and to show cause why it should not be required within a reasonable time, not less than sixty days after such hearing, to obey the order of the commission made on such hearing. A copy of the petition shall be attached to such notice. Such notice shall be served by mailing it by registered United States mail to any executive officer of such corporation at his usual post office address.
MS Code § 77-3-405 (2020)
2020 Mississippi Code|Title 77 - Public Utilities and Carriers|Chapter 3 - Regulation of Public Utilities|Article 7 - Determination of Adequacy of Service by Telegraph and Telephone Companies|§ 77-3-405. Distinct findings of fact to be made by commission

 Upon the hearing, the testimony shall be taken by the official stenographer of the commission. The commission shall make distinct findings of fact as to: (1) whether the corporation is or is not rendering in a reasonably adequate manner the public service authorized by the corporate charter of such corporation; (2) if not, what would be reasonably necessary to be done to make such service reasonably adequate; (3) whether by reason of its financial condition, such corporation may be reasonably expected to make such changes as would be reasonably necessary to make such service reasonably adequate; (4) what would be a reasonable time, not less than sixty (60) days, within which such changes should be made.   The findings of fact by the commission if supported by substantial evidence, shall be conclusive, and shall not be reversed by any court.
MS Code § 77-3-407 (2020)
2020 Mississippi Code|Title 77 - Public Utilities and Carriers|Chapter 3 - Regulation of Public Utilities|Article 7 - Determination of Adequacy of Service by Telegraph and Telephone Companies|§ 77-3-407. Issuance of order requiring changes in service

 If the commission shall find that the corporation may reasonably be expected to make changes in its service, which will render such service reasonably adequate, and shall specify such reasonable changes, and shall fix a time within which changes may be made, then the order of the commission shall be to such extent. If such changes are not made within the time fixed by the commission, the commission shall have authority to forfeit the charter of such corporation, upon five (5) days notice, and a hearing accorded upon the forfeiture. If the commission shall find that the corporation cannot reasonably be expected to make the necessary changes in its service which will render such service reasonably adequate, for reasons stated in the order, then the commission shall have the authority at such time to enter an order forfeiting the corporate charter of such corporation.