reglab/housing_qa huggingface dataset:
MS Code § 77-3-16 (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|§ 77-3-16. Bids required on certain public utility contracts; exceptions; list of contractors and suppliers

  All contracts for construction, extension and/or repair of facilities in excess of two hundred thousand dollars ($200,000.00) by or on the behalf of any public utility subject to rate regulations by the Mississippi Public Service Commission, shall be governed by this section. The public utility shall maintain a list of contractors and suppliers qualified to perform contracts within the scope of proposed utility projects. The public utility shall, upon written request of any qualified prospective bidder, add his or its name to such list. At least every six (6) months, the public utility shall publish in a newspaper, having general circulation in the area in which the utility operates, a notice requesting names of qualified contractors and suppliers. Upon written request by qualified contractors and suppliers, those names shall be added to such list. The public utility shall give to each contractor or supplier on said list who is qualified with respect to a project under consideration written invitation to bid those projects subject to this section. Contracts subject to this section shall be awarded to the lowest and best bidder. Provided, however, nothing contained herein shall prohibit any public utility from performing services covered by this section with its own regularly employed work force.   The public utility may enter into a master contract with the lowest and best contractor to cover all construction work to be performed in a specified geographic area.   If the chief executive officer of a public utility determines that an emergency exists which affects the public health, safety or welfare, the provisions of this section shall not apply. As used in this section an emergency is any occurrence in which service is interrupted.   The provisions of this section shall not apply to contracts which by their nature are not adapted to competitive bidding, including but not limited to:   Items which may be acquired from a sole source;   Contracts for professional services;   Equipment and systems which by reason of the training of personnel or of any inventory replacement of parts maintained by the utility, are or should be compatible with existing equipment;   Contracts for interstate or intrastate carriage of persons or property with a common carrier or contract carrier at the rates set forth in the officially approved tariff of that carrier; and   Such contracts as the commission may define by regulation.     The public service commission shall have the authority to monitor all conditions contained in this section.
MS Code § 77-3-17 (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|§ 77-3-17. Operation of public utility following expiration of municipal franchise; municipal acquisition of utility

 In addition to such other rights as it may have to use the streets, alleys and public places of a municipality, a public utility which holds a certificate of public convenience and necessity granted under the provisions of this article covering the geographical area of such municipality, and which (1) is operating under a municipal franchise on March 29, 1956, or (2) shall have previously operated under such a municipal franchise which has expired within five (5) years prior to said date, or (3) which shall hereafter operate under a municipal franchise hereafter granted, may, after the expiration of any such franchise continue to use the streets, alleys and public places therein situated upon condition that (1) such utility shall pay the said municipality compensation therefor at the rate of two percent (2%) of said utility's gross revenue from sales to residential and commercial customers within said municipality, in case of a utility defined in subparagraphs (i) and (ii) of paragraph (d) of Section 77-3-3 and in the case of a utility defined in subparagraph (iii) of paragraph (d) of said Section the said utility shall pay two percent (2%) of the monthly service charges in said municipality whether said utility has a franchise to operate therein or not, such payments to be made quarterly of each year, and (2) after the expiration of such franchise the municipality, or any customer of such utility in such municipality, upon appropriate petition, shall be entitled to a hearing as to whether or not the certificate of convenience and necessity may then and thereafter be granted on a permanent basis. Any co-operative which shall operate within any area of a municipality shall likewise pay such municipality two percent (2%) of the co-operative's gross revenue from sales to residential and commercial customers within said municipality.   Any municipality shall have the right to acquire by purchase, negotiation or condemnation the facilities of any utility that is now or may hereafter be located within the corporate limits of such municipality; provided, however, prior to any municipality exercising the right of eminent domain as provided herein, the commission shall determine that the certificate of public convenience and necessity granted to the utility pursuant to Section 77-3-13 for the service area wherein such facilities are located, shall be cancelled as provided in Section 77-3-21.
MS Code § 77-3-19 (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|§ 77-3-19. Applicant for certificate must obtain a municipal franchise

 Notwithstanding any provision in this article to the contrary, in any case where a utility is located and operates, or proposed to locate and operate in a municipality where streets and other public places are essential to such location and operation, no certificate of convenience and necessity shall be issued thereasto without prior franchise granted by the municipality. Such franchise shall not contain any provision conflicting with or repugnant to the exclusive jurisdiction of the commission to regulate rates and services of the utilities as provided in this article. Applicants for certificates of convenience and necessity shall attach to their applications true and correct copies of franchises issued to them by such municipality as the application may embrace. The commission is authorized so to amend such franchise as to exclude and remove therefrom any provision in conflict with or repugnant to the exclusive jurisdiction of the commission over rates and services and which shall in any way fix or affect rates. Should any municipality arbitrarily refuse to grant a franchise or provide for an election for a franchise as provided by law to a utility now operating within said municipality within ninety (90) days after application for said franchise is made, then the utility may obtain a certificate of convenience and necessity without the necessity of first obtaining a franchise. The commission shall so issue said certificate of convenience and necessity upon proper showing by the utility that said franchise is being arbitrarily withheld.   In the event the commission shall rule that a franchise is being arbitrarily withheld and shall issue a certificate of necessity as hereinabove mentioned, the utility obtaining said certificate of convenience and necessity shall not be required to pay to said municipality the two percent (2%) provided for in Section 77-3-17 until such a franchise has been granted to said utility.   In the case of a public utility as defined in subparagraph (iii) of paragraph (d) of Section 77-3-3 which has heretofore been under the jurisdiction of the commission and has its service area maps on file with the commission on March 29, 1956, under such reasonable rules and regulations as the commission shall prescribe, the commission is authorized to issue to such utility a certificate of convenience and necessity without requiring such utility to first obtain a municipal franchise as herein provided.
MS Code § 77-3-21 (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|§ 77-3-21. Hearing on adequacy of service afforded by certificate holder

 The commission may, after a hearing had upon due notice, make such findings as may be supported by proof as to whether any utility holding a certificate under the provisions of this article is rendering reasonably adequate service in any area covered by such utility's certificate. In the event the commission finds that such utility is not rendering reasonably adequate service the commission may enter an order specifying in what particulars such utility has failed to render reasonably adequate service and order that such failure be corrected within a reasonable time, such time to be fixed in such order. If the utility so ordered to correct such a failure fails to comply with such order of the commission and the commission finds that cancellation of its certificate would be in the best interest of the consuming public served by the holder of the certificate, its certificate for the area affected may be revoked and cancelled by the commission.   Prior to any municipality exercising the power of eminent domain as provided in Section 77-3-17, the commission shall determine that the certificate of public convenience and necessity granted to the utility pursuant to Section 77-3-13 for the service area wherein such facilities are located, shall be cancelled as provided in this section. Nothing in this paragraph shall be construed to include service for water and sewage.
MS Code § 77-3-22 (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|§ 77-3-22. Placement of privately owned water and sewer systems in receivership; conditions

 If the commission determines that any privately owned water and/or sewer system within its jurisdiction is unable or unwilling to adequately serve its customers or has been actually or effectively abandoned by its owner, or that its management is grossly inefficient, irresponsible or unresponsive to the needs of its customers, the commission or its designated representative may petition the Chancery Court of the First Judicial District of Hinds County or the chancery court of any county wherein the public utility does business for an order attaching the assets of the privately owned water and/or sewer system and placing such water and/or sewer system under the sole control and responsibility of a receiver. If the court determines that the petition is proper in all respects and finds, after a hearing thereon, the allegations contained in the petition are true, it shall order that the water and/or sewer system be placed in receivership. The court, in its discretion and in consideration of the recommendation of the commission or its designated representative, may appoint a receiver who shall be a responsible individual, partnership, corporation or political subdivision knowledgeable in water or sewer service affairs and who shall maintain control and responsibility for the operation and management of the affairs of such water and/or sewer system. The receiver shall operate the water and/or sewer system so as to preserve the assets of the water and/or sewer system and to serve the best interests of its customers. The receiver shall be compensated from the assets of the water and/or sewer system in an amount to be determined by the court.   Control of and responsibility for the water and/or sewer system shall remain in the receiver until the court determines that it is in the best interests of the customers that the water and/or sewer system be returned to the owner, transferred to another owner or assumed by another water and/or sewer system or public service corporation. If the court, after hearing, determines that control of and responsibility for the affairs of the water and/or sewer system should not be returned to the legal owner thereof, the receiver may proceed to liquidate the assets of such water and/or sewer system in the manner provided by law.   Mississippi laws and Mississippi Rules of Civil Procedure generally applicable to receivership shall govern receiverships created under this section.   This section is in addition to the provisions of Section 77-3-21.
MS Code § 77-3-22.1 (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|§ 77-3-22.1. Preferences in transfer of ownership of privately owned water or sewer system in receivership

 In any county having a population of more than thirty-five thousand (35,000) but less than forty thousand (40,000), according to the most recent federal decennial census, any water or sewer system for which a finding is made under Section 49-17-44.1 or Section 77-3-22 by a court of competent jurisdiction that it is appropriate for a receiver to be appointed, the receiver shall give preference to a municipality within the county or to the governing authorities of the county in making any transfer of ownership of the water or sewer system. The term "preference," as used in this section, means that no sale or transfer of the water or sewer system shall be approved by a court of competent jurisdiction or otherwise until two (2) years after the date of appointment of the receiver have elapsed. This right of preference may be waived by the local governmental entity given the preference under this section.
MS Code § 77-3-25 (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|§ 77-3-25. Unlawful sale, lease, assignment or transfer of certificate or certain other utility property

 It shall be unlawful for any person, except as provided in Section 77-3-23 to accomplish or effectuate, or to participate in the accomplishing and effectuating, the sale, lease assignment or transfer of a certificate or other utility property described in Section 77-3-23, however the result is attained.
MS Code § 77-3-27 (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|§ 77-3-27. Commission to investigate violations

 The commission is hereby authorized, upon complaint or upon its own initiative, to investigate and determine whether any person is violating the provisions of Section 77-3-25.
MS Code § 77-3-29 (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|§ 77-3-29. Extension of service

 The commission may, after hearing, upon notice, by order in writing, require every public utility to establish, construct, maintain and operate any reasonable extension of its existing facilities within the certificated area upon findings and order that such extension is reasonable and practicable, and provided further, that in the case of gas and water a sufficient supply is available and obtainable therefor.
MS Code § 77-3-33 (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|§ 77-3-33. Rates, classifications and service of utilities

  No rate made, deposit or service charge demanded or received by any public utility shall exceed that which is just and reasonable. Such public utility, the rates of which are subject to regulation under the provisions of this article, may demand, collect and receive fair, just and reasonable rates for the services rendered or to be rendered by it to any person. Rates prescribed by the commission shall be such as to yield a fair rate of return to the utility furnishing service, upon the reasonable value of the property of the utility used or useful in furnishing service.   Such utility shall furnish adequate, efficient and reasonable service, and may establish reasonable rules governing the conduct of its business and the conditions under which it shall be required to render service. The commission may, after hearing upon reasonable notice had, upon its own motion or upon complaint, ascertain and fix just and reasonable standards, regulations and practices of service which are to be furnished, imposed, observed and followed by all public utilities. The commission may require the service, rules and regulations of each public utility to be filed with the commission and subjected to its approval or to such changes therein as the commission reasonably may require. Practices required or sanctioned pursuant to the provisions hereof shall supersede other requirements of law.   Such utility may employ in the conduct of its business suitable and reasonable classifications of its service, patrons, rates, deposits and service charges. The classification may, in any proper case, take into account the nature of the use, the quantity and quality used, the time when used, the purpose for which used, and any other reasonable consideration.
MS Code § 77-3-36 (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|§ 77-3-36. Recovery of costs of political advertising from ratepayers prohibited; recovery of costs of promotional or institutional advertising regulated; definitions

  No public utility, the rates of which are subject to regulation by the commission, shall be permitted to recover from its ratepayers any direct or indirect expenditure made by such utility for political advertising as defined herein. For the purposes of this paragraph, "political advertising" means any advertising for the purpose of influencing public opinion with respect to legislative, administrative or electoral matters, or with respect to any controversial issue of public importance.   Except to the extent authorized by general regulation of the commission, no public utility, the rates of which are subject to regulation by the commission, shall be permitted to recover from its ratepayers any direct or indirect expenditure made by such utility for promotional or institutional advertising as defined herein. For the purposes of this paragraph, "promotional advertising" means any advertising for the purpose of encouraging any person to select or use the service or additional service of any utility or the selection or installation of any appliance or equipment designed to use such utility's service, and "institutional advertising" means any advertising for the purpose of promoting the general image of a public utility in the community.   The commission shall establish by general regulation the types of promotional and institutional advertising which a public utility shall be permitted to recover as cost of service from the ratepayers and the reasonable cost thereof.
MS Code § 77-3-41 (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|§ 77-3-41. Rates fixed by commission

 Whenever the commission, after hearing had on reasonable notice, finds that the existing rates in effect and collected by any public utility are unjust, unreasonable, materially excessive or insufficient or unreasonably discriminatory, or in anywise in violation of any provision of law, the commission shall determine, and fix by order, the just and reasonable rates which will yield a fair rate of return to the utility for furnishing service, which rates will thereafter be observed and in force. Said rates shall thereupon become the legal rates to be charged and paid until changed.   The commission shall have power, when deemed by it necessary to prevent injury to the business or interest of the people or any public utility of this state in case of any emergency, to permit any public utility to alter, amend or suspend temporarily any existing rates, schedules and orders relating to or affecting any public utility or part of any public utility in this state except as provided in Section 77-3-42.
MS Code § 77-3-44 (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|§ 77-3-44. Rate-regulated electric public utilities authorized to undertake economic development activities

 Any rate-regulated electric or natural gas public utility with certificated service area in Mississippi may undertake economic development activities, whether directly or indirectly, including activities such as providing capital, or investment in or acquisition and development of business or industrial sites and the necessary infrastructure or services needed to attract new or existing businesses or industry, to create or maintain employment opportunities, or otherwise to positively impact or in some manner promote the sale of electric energy or natural gas within its certificated service area. Any facilities developed, constructed or acquired in support of the activities described in this section for which a certificate of public convenience and necessity or other commission approval has been granted after July 1, 2015, as well as any capital investment in natural gas reserves made directly or indirectly by an electric or natural gas public utility to foster long-term stability in the cost of fuel, may be deemed used and useful in the provision of electric or natural gas service regardless of whether or not any end-use customers are taking service from said facilities or investment and otherwise recoverable through the utility's rates.