reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 2 - PUBLIC UTILITIES STAFF (§§ 77-2-1 — 77-2-19) › Section 77-2-7 - Executive director of public utilities staff; appointment; qualifications; salary

(1)
An executive director of the Public Utilities Staff shall be appointed, on or before July 1, 1990, by the Governor, with the advice and consent of the Senate, to serve for a term of six (6) years. Whenever any vacancy shall occur in the position of executive director, the Governor shall appoint an executive director, as provided herein, to fill the unexpired term. The executive director shall serve at the will and pleasure of the Governor.
(2)
The executive director of the Public Utilities Staff shall hold at least a bachelors degree and shall have extensive managerial experience with a thorough knowledge of public utility economics and the principles of utility service and rate construction. The executive director of the Public Utilities Staff shall possess the ability to analyze quantitative and qualitative data and to develop and adjust regulatory strategies or policies to attain commission objectives. The salary of the executive director shall be set by the Personnel Board and shall be such that it is comparable to salaries of those holding similar positions in other state and federal agencies and commensurate with the duties and responsibilities imposed on this official position which affects the broad interests of the State of Mississippi. Nothing herein shall be construed to prevent reappointment of the executive director for consecutive terms.
Laws, 1990, ch. 530, § 28, eff. 4/2/1990.
Amended by Laws, 2023, ch. 407, HB 809,§ 1, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 2 - PUBLIC UTILITIES STAFF (§§ 77-2-1 — 77-2-19) › Section 77-2-11 - Former employees of public service commission, public service commission staff or public utilities staff prohibited from accepting certain employment; prohibition against offering such employment; penalties

(1)
A person who serves as (a) Commissioner of the Public Service Commission, (b) Executive Director of the public utilities staff, or (c) Executive Secretary of the commission shall not, while employed with or within one (1) year after leaving the commission or public utilities staff, accept employment with, receive compensation directly or indirectly from, or enter into a contractual relationship with an entity, or an affiliate company of an entity, that was subject to rate regulation by the commission at the time of his departure.
(2)
An entity or an affiliate company of an entity that is subject to rate regulation by the commission, or a person acting on behalf of the entity or its affiliate, shall not negotiate or offer to employ or compensate a commissioner of the Public Service Commission, Executive Director of the public utilities staff or the Executive Secretary of the commission, while the person is so employed or within one (1) year after the person leaves that employment.
(3)
A person who is employed with the public utilities staff shall not, within one (1) year, after leaving the public utilities staff, accept employment with, or receive compensation, directly or indirectly from the Public Service Commission or the public service commission staff.
(4)
A person who is employed with the Public Service Commission or public service commission staff, shall not, within one (1) year, after leaving the commission or public service commission staff, accept employment with, or receive compensation, directly or indirectly, from the public utilities staff.
(5)
A person who violates this section is subject to a civil penalty not to exceed Ten Thousand Dollars ($10,000.00) for each violation. The Attorney General may bring an action in circuit court to collect the penalties provided in this section.
Laws, 1990, ch. 530, § 30, eff. 9/1/1990.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 2 - PUBLIC UTILITIES STAFF (§§ 77-2-1 — 77-2-19) › Section 77-2-15 - Agreements with agencies permitted

Nothing in this chapter prevents the public utilities staff, the public service commission staff or the commission from entering into agreements with other agencies to coordinate and share services, to conduct joint projects or investigations on matters within the authority and jurisdiction of the parties thereto, or to temporarily assign staff to such projects. No cooperative effort shall interfere with the independence and integrity of either the commission, the public service commission staff, the public utilities staff or any other agency that is a party.
Laws, 1990, ch. 530, § 32, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 2 - PUBLIC UTILITIES STAFF (§§ 77-2-1 — 77-2-19) › Section 77-2-17 - Continued force and effect of prior rules and orders; public utilities staff to have access to all data filed with commission

(1)
All valid rules, orders and directives heretofore enforced, issued or promulgated by the Public Service Commission shall remain and continue in force and effect until repealed, modified or superseded by duly authorized rules, orders or directives of the Public Service Commission.
(2)
The Public Service Commission shall ensure that the public utilities staff, upon request, shall have access to and copies of all data filed with the commission in connection with any proceeding before the commission.
Laws, 1990, ch. 530, § 33, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 2 - PUBLIC UTILITIES STAFF (§§ 77-2-1 — 77-2-19) › Section 77-2-19 - Establishment of Public Utilities Staff Regulation Fund; administration generally; annual audits; disbursements from fund

(1)
There is hereby established in the State Treasury a special fund to be known as the "Public Utilities Staff Regulation Fund." Such fund shall be the sole fund of the Public Utilities Staff for all monies collected and deposited to the credit of or appropriated to the Public Utilities Staff. The fund shall be administered as provided in this section and Section
77-3-87
and shall be audited annually by the State Auditor.
(2)
The Department of Finance and Administration shall advise the Public Utilities Staff of the amount of money on hand in the "Public Utilities Staff Regulation Fund" from time to time. All expenses of the Public Utilities Staff shall be paid by the State Treasurer upon warrants issued by the State Fiscal Officer, and the State Fiscal Officer shall issue his warrants upon requisitions signed by the Executive Director of the Public Utilities Staff. All disbursements made by the executive director from the fund for any purposes, other than salaries, shall be supported by a detailed and itemized statement approved by the executive director. The salaries of all employees of the Public Utilities Staff shall be paid out of the appropriations made to defray the expenses of the Public Utilities Staff upon requisitions and warrants as provided herein. Of the revenue arising from the increased regulatory tax imposed in Section
77-3-87
, an amount not less than Three Hundred Fifty-four Thousand One Hundred Thirty-nine Dollars ($354,139.00) may be expended by the executive director for operating increase and salaries to fund additional accounting and telecommunication positions for the Public Utilities Staff. An itemized account shall be kept of all receipts and expenditures and shall be reported to the Legislature by the Public Utilities Staff.
Laws, 1991, ch. 525, § 2, eff. 4/10/1991.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 1 - CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; RATES; SERVICE (§§ 77-3-NEW — 77-3-99) › Section 77-3-1 - Application of article to municipal public utilities; application of chapter to eligible homeowners associations in eligible municipalities

(1)
Except as otherwise provided in Section
77-3-6
, any public utility as defined in paragraph (d) of Section
77-3-3
, owned or operated by a municipality shall not be subject to the provisions of this article, except as to extension of utilities greater than one (1) mile outside corporate boundaries after March 29, 1956.
(2)
The provisions of this chapter shall not apply to the distribution of water by an eligible homeowners association only to its residents, irrespective of the subdivision's location inside of an area subject to a Certificate of Public Convenience and Necessity held by an eligible municipality. Additionally, the provisions of this chapter shall not apply to any entity supplying water to an eligible homeowner's association for purposes of supplying water only to its residents. These provisions shall not apply whether an eligible homeowners association elects to provide water to its residents on a full-time basis or opts for an emergency connection to a private water source for use only when water from an eligible municipality is unavailable, unreliable or unsafe.
Codes, 1942, § 7716-01; Laws, 1956, ch. 372, § 1; Laws, 1968, ch 502, § 1; Laws, 1990, ch. 455, § 2, eff. 7/1/1990.
Amended by Laws, 2023, ch. 322, SB 2433,§ 1, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 1 - CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; RATES; SERVICE (§§ 77-3-NEW — 77-3-99) › Section 77-3-5 - Jurisdiction and powers of commission

Notwithstanding any other provision of law, and subject only to the limitations imposed in this chapter and in accordance with the provisions of this chapter, the Public Service Commission shall have exclusive original jurisdiction over the intrastate business and property of public utilities and, for purposes of clarification of the existing scope of said exclusive original jurisdiction, such exclusive original jurisdiction extends, but is not limited to: the establishment of retail rates; challenges, including customer complaints, to the amount of a retail rate or customer bill or whether such rate is just and reasonable; and challenges to the validity or accuracy of rates charged by a public utility, or to the accuracy or reliability of information submitted to the Public Service Commission by a public utility or other person in support of or in opposition to a proposed or approved rate, regardless of the legal theory upon which any such challenge is made. However, the commission shall not have jurisdiction over the production and gathering of natural gas or the sale of natural gas in or within the vicinity of the field where produced, or over the facilities and equipment utilized in any such operations, including, but not limited to, such facilities as separators, scrubbers and gasoline plants of all types. Further, the commission shall not have jurisdiction over the governance, management or other internal affairs of entities as described by paragraphs (b) and (c) below. Moreover, the commission shall not have jurisdiction to regulate the rates for the sales and/or distribution:
(a)
Of gas, water, electricity or sewage disposal services by municipalities to such persons as said municipalities are authorized by law to serve;
(b)
Of gas or electricity by cooperative gas or electric power associations to the members thereof as consumers, except as provided by Section
77-3-17
, where service is rendered in a municipality;
(c)
Of water or sewage disposal service by nonprofit corporations or associations where the governing body of such corporation or association is elected by the consumers thereof or appointed by the county board of supervisors; or
(d)
Of water by districts organized under the provisions of Chapter 45, Laws of 1966-1967, Extraordinary Session.
Codes, 1942, § 7716-04; Laws, 1956, ch. 372, § 4; Laws, 1966, ch. 542, § 1; Laws, 1968, ch. 503, § 1; ch. 502, § 2, eff. 8/8/1968.
Amended by Laws, 2018, ch. 402, SB 2295,§ 24, eff. 7/1/2018.
Amended by Laws, 2015, ch. 310, HB 425, 1, eff. 3/13/2015.
Amended by Laws, 2013, ch. 526, 526, 1, eff. 7/1/2013.
Amended by Laws, 2013, ch. 321, SB 2231, 2, eff. 3/7/2013.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 1 - CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; RATES; SERVICE (§§ 77-3-NEW — 77-3-99) › Section 77-3-6 - Investigations and arbitration of billing and services between public utilities and customers

(1)
Any dispute between a municipally-owned or operated public utility and a customer of such public utility with regard to billing and/or services in excess of Two Thousand Five Hundred Dollars ($ 2,500.00) shall be subject to investigation, review and arbitration by the commission upon petition filed therefor with the commission by such public utility or customer. However, the commission shall not commence any investigation or proceedings pursuant to such petition if at the time of filing the petition suit has been filed in any court of this state or of the United States with regard to the subject matter of the dispute and in which such public utility and customer are parties. Any such petition shall be immediately dismissed if any such suit is filed after filing of the petition with the commission.
(2)
In any arbitration proceedings commenced under the provisions of this section, the commission may, by order entered on its minutes and delivery of a certified copy thereof to the public utility, direct any municipally-owned or operated public utility to provide the commission with copies of all statements, accounts and reports concerning operation of the public utility which the utility is required to provide the governing authorities of the municipality under Section
21-27-17
. The commission is further authorized to conduct and shall conduct investigation of and informal hearings in the dispute and may negotiate with the public utility and the customer for the resolution thereof. In every arbitration proceeding under this section the commission shall perform such duties as it deems reasonable and likely to result in settlement of the dispute without commencement of litigation between the public utility and the customer.
(3)
Participation in any investigation, proceeding, negotiation, or settlement under the provisions of this section shall be voluntary by the public utility and the customer; however, no suit may be commenced in any court of this state by either the public utility or customer based upon the facts giving rise to the dispute for a period of sixty (60) days after a petition is filed with the commission under this section.
(4)
The provisions prescribed herein for the Public Service Commission to investigate, review and arbitrate disputes between a municipally-owned or operated public utility and a customer of such public utility shall not extend to tort actions.
Laws, 1990, ch. 455, § 1, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 1 - CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; RATES; SERVICE (§§ 77-3-NEW — 77-3-99) › Section 77-3-7 - Bonding of commission employees; preference for full-time employees; additional personnel

(1)
The commission may require such bonds to be carried on its employees as the commission may deem necessary, the cost thereof to be paid by the commission. Insofar as possible to do so, personnel of the commission shall be retained on a full-time basis and shall have no other employment of any kind. As to any part-time or specially employed person, the minutes of the commission shall recite the necessity for deviation from full-time employment.
(2)
Nothing in this section should be interpreted to prevent the commission from utilizing the services of these additional personnel herein provided in rendering assistance to the commission in its other duties where such assignment does not interfere with duties in administering the provisions of this chapter.
Codes, 1942, § 7716-02; Laws, 1956, ch. 372, § 2; Laws, 1983, ch. 467, § 5; Laws, 1990, ch. 530, § 34, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 1 - CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; RATES; SERVICE (§§ 77-3-NEW — 77-3-99) › Section 77-3-8 - Public service commission staff; Personnel Board to establish salaries; duties of staff; funding of agency expenses; deposit of monies into State General Fund

(1)
There is established in the commission a Public Service Commission staff, which staff shall be a unit, remain as a unit therein, and be responsive to the commission. The Public Service Commission staff shall consist of a sufficient number of professional, administrative, technical, clerical and other personnel as may be necessary for the staff to perform its duties and responsibilities as hereinafter provided. All such personnel of the Public Service Commission staff shall be recommended by the executive secretary and hired or rejected by the commission. Personnel shall be dismissed only for cause in accordance with the rules and regulations of the State Personnel Board. The personnel of the Public Service Commission staff shall be compensated and reimbursed for their actual and necessary expenses, including food, lodging and travel, by the commission from the Public Service Commission Regulation Fund established by Section
77-1-6
, and as authorized by Section
25-3-41
. The Public Service Commission staff shall be responsible for gathering and analyzing information relating to all matters within the authority of the commission.
(2)
The State Personnel Board shall establish and maintain entry-level salaries sufficiently competitive to attract competent, qualified applicants for the specialized skills and positions required by this section without regard to the salaries paid the commissioners and notwithstanding any other provisions of law to the contrary. The State Personnel Board shall authorize, where necessary, a range of salaries within which salary negotiations may be conducted for those positions for which specific knowledge, skills and abilities are set forth herein.
(3)
The Public Service Commission staff shall perform such duties as are assigned to them by the commission.
(4)
From and after July 1, 2016, the expenses of this agency shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law.
(5)
From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.
Laws, 1983, ch. 467, § 6; Laws, 1987, ch. 343, § 5; Laws, 1990, ch. 530, § 35, eff. 7/1/1990.
Amended by Laws, 2016, ch. 459, SB 2362, 53, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 1 - CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; RATES; SERVICE (§§ 77-3-NEW — 77-3-99) › Section 77-3-9 - Attorney for public service commission

The Public Service Commission shall appoint an attorney who shall assist and advise the commission in all matters affecting its powers and duties and to perform such duties and services in connection with this chapter and the enforcement thereof as the commission may require. Such attorney shall be a member of the Mississippi State Bar, shall have practiced law for a minimum of five (5) years and shall possess considerable knowledge of utility regulation generally and of the case law, statutory law and the common law relating thereto. The attorney for the commission shall, upon request of the commission, aid in any investigation or hearing held under the provisions of this chapter. His salary shall be set by the commission, and his salary and expenses shall be paid in the same manner and from the same funds as the salary and expenses of the commissioners.
Codes, 1942, § 7716-03; Laws, 1956, ch. 372, § 3; Laws, 1983, ch. 467, § 7; Laws, 1990, ch. 530, § 36, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 1 - CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; RATES; SERVICE (§§ 77-3-NEW — 77-3-99) › Section 77-3-10.1 - Requirements for applications filed under Section 77-3-11 or 77-3-14 for certain certificates of public convenience and necessity

(1)
In order to promote the policy declared in Section
77-3-2
and to assure a local forum for landowner safeguards, transparency and oversight of customer rates, reliability and relief, an application filed under Section
77-3-11
or
77-3-14
for a certificate of public convenience and necessity to build, own or operate a new transmission facility in a regional transmission organization can only satisfy the public convenience and necessity if such facilities will ultimately be owned by:
(a)
An entity over which the commission has the jurisdiction to set rates as described in Section
77-3-5
or
77-3-33
;
(b)
A "generation and transmission cooperative" or "G&T cooperative" as defined in Section
77-5-256
; or
(c)
An entity that agrees to submit to commission jurisdiction over its standards for service quality and customer service and, as to costs ultimately to be borne by Mississippi electric customers, agrees to recover through any applicable transmission tariff only those costs, including the cost of capital, approved by the commission.
(2)
Nothing in this section shall apply to applications filed before July 1, 2023, nor to any amendments or supplements to such application made thereafter. Nothing in this section shall be construed as requiring a certificate for facilities that the commission has determined by rule do not require certification to build, own or operate.
Contingently added by Laws, 2023, ch. 319, SB 2341,§ 1, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 1 - CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; RATES; SERVICE (§§ 77-3-NEW — 77-3-99) › Section 77-3-12 - Certificate of public convenience and necessity grants exclusive right to public utility to provide services for which certificate issued; utility systems authorized to extend facilities through certificated area of another utility for purposes other than certificated need

(1)
A certificate of public convenience and necessity issued by the Public Service Commission authorizing public utility services to or for the public for compensation in an area grants an exclusive right to the public utility to provide that service in the certificated area.
(2)
Nothing contained in subsection (1) of this section or any other provision of law shall prohibit any utility system from extending its system plant, lines or other facilities in or through the certificated area of another utility for purposes other than providing services to or for the public for compensation in such certificated area similar to those services provided by the certificated utility.
Laws, 2002, ch. 499, § 27, eff. 4/1/2002.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 1 - CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; RATES; SERVICE (§§ 77-3-NEW — 77-3-99) › Section 77-3-15 - Two or more persons holding certificates for similar operations in same municipality

Where there shall be two (2) or more persons holding certificates of convenience and necessity for similar operation in the same municipality, such operation may be carried on by such persons within their respective certificated areas and such persons shall be exempt from further application to the commission for extension of or additions to their facilities within their respective certificated areas of said municipality, including any extensions of the corporate limits thereof.
Municipally operated utilities shall not be subject to regulation under this article.
Codes, 1942, § 7716-05; Laws, 1956, ch. 372, § 5.
Amended by Laws, 2013, ch. 321, SB 2231, 1, eff. 3/7/2013.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 1 - CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; RATES; SERVICE (§§ 77-3-NEW — 77-3-99) › Section 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
.
Codes, 1942, § 7716-05; Laws, 1956, ch. 372, § 5; Laws, 1987, ch. 353, § 3, eff. 3/17/1987 (Governor's veto overridden by Legislature).
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 1 - CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; RATES; SERVICE (§§ 77-3-NEW — 77-3-99) › Section 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.
Codes, 1942, § 7716-05; Laws, 1956, ch. 372, § 5.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 1 - CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; RATES; SERVICE (§§ 77-3-NEW — 77-3-99) › Section 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.
Notwithstanding Section
77-3-1(1)
, the commission shall have jurisdiction to investigate whether any municipality that holds a certificate to provide service greater than one (1) mile outside its municipal boundaries is providing reasonably adequate service. Following a hearing and upon making such a finding, the commission shall have full authority to enter any order authorized under this section, including canceling the certificate for the area that extends beyond the municipalities' boundaries.
Codes, 1942, § 7716-05; Laws, 1956, ch. 372, § 5; Laws, 1987, ch. 353, § 4; Laws, 1992, ch. 417, § 2, eff. 4/29/1992.
Amended by Laws, 2024, ch. 315, SB 2453,§ 1, eff. 4/8/2024.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 1 - CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; RATES; SERVICE (§§ 77-3-NEW — 77-3-99) › Section 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.
Laws, 2003, ch. 307, § 2, eff. 2/27/2003.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 1 - CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; RATES; SERVICE (§§ 77-3-NEW — 77-3-99) › Section 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.
Codes, 1942, § 7716-42; Laws, 1966, Ex. Sess. ch. 46, § 2; Laws, 1994, ch. 351, § 2, eff. 3/14/1994.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 1 - CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; RATES; SERVICE (§§ 77-3-NEW — 77-3-99) › Section 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
.
Codes, 1942, § 7716-43; Laws, 1966, Ex. Sess. ch. 46, § 3, eff. 12/28/1966.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 1 - CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; RATES; SERVICE (§§ 77-3-NEW — 77-3-99) › Section 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.
Codes, 1942, § 7716-06; Laws, 1956, ch. 372, § 6.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 1 - CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; RATES; SERVICE (§§ 77-3-NEW — 77-3-99) › Section 77-3-33 - Rates, classifications and service of utilities

(1)
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.
(2)
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.
(3)
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.
Codes, 1942, § 7716-08; Laws, 1956, ch. 372, § 8.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 1 - CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; RATES; SERVICE (§§ 77-3-NEW — 77-3-99) › Section 77-3-36 - Recovery of costs of political advertising from ratepayers prohibited; recovery of costs of promotional or institutional advertising regulated; definitions

(1)
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.
(2)
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.
(3)
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.
Laws, 1983, ch. 467, § 14, eff. 4/6/1983.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 1 - CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; RATES; SERVICE (§§ 77-3-NEW — 77-3-99) › Section 77-3-41 - Rates fixed by commission

(1)
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.
(2)
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
.
(3)
With respect to any facility or contract for a facility serving a customer under Section 22 of this act, nothing in this section shall supersede the provisions of Section 22 of this act.
Codes, 1942, § 7716-11; Laws, 1956, ch. 372, § 11; Laws, 1978, ch. 507, § 1(1), (2); Laws, 1983, ch. 467, § 18; Laws, 1989, ch. 304, § 2; Laws, 1992, ch. 417, § 7, eff. 4/29/1992.
Amended by Laws, 2024EX2, ch. (number not assigned at time of publication), SB 2001,§ 31, eff. 1/30/2024.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 1 - CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; RATES; SERVICE (§§ 77-3-NEW — 77-3-99) › Section 77-3-45 - Promulgation of rules and regulations

The commission shall prescribe, issue, amend and rescind such reasonable rules and regulations as may be reasonably necessary or appropriate to carry out the provisions of this chapter. No rule or regulation shall be effective until thirty (30) days after a notice setting forth either the terms or substance thereof or a description of the subjects and issues involved and the time and place of a hearing thereon shall have been published in a newspaper of general circulation in the state. The commission shall file the notice with the Secretary of State pursuant to the Mississippi Administrative Procedures Law and mail a copy of it to all affected public utilities. The commission shall mail a copy of the proposed rule or regulation to any public utility that requests a copy. The hearing may be held at any time twenty (20) days after date of publication of the notice, but the rules or regulations shall not become effective until a hearing thereon. A proceeding to contest any rule or regulation due to noncompliance with the procedural requirements of this section must be commenced within one (1) year from the effective date of the rule or regulation. All rules and regulations of the commission shall be filed with its executive secretary and shall be readily available for public inspection and examination during reasonable business hours. Any interested person shall have the right to petition the commission for issuance, amendment or repeal of a rule or regulation.
The commission shall, in the exercise of its power to promulgate rules and regulations, adopt standard practices and procedures:
(a)
To specify what costs may be used for determining a public utility's rate base, which balance the interests of consumers and investors;
(b)
To prescribe the time period for measuring a public utility's rate base;
(c)
To specify allowable operating expenses, provided, however, that the commission shall exclude from a public utility's allowable operating expenses any interest such utility paid, or credited, to its consumers in connection with refunds in a rate proceeding in which its rates were finally determined to be excessive;
(d)
To determine accurately the capital costs of a public utility;
(e)
To define specific costs which may be included by a public utility in its monthly fuel adjustment clause retail billings;
(f)
To define specific costs which may be included by a public utility distributing gas in its monthly purchased gas adjustments retail billings;
(g)
To prescribe minimal uniform standards of service for various classes of public utilities; and
(h)
To provide for any other rules and regulations deemed by the commission to be appropriate for carrying out the provisions of this chapter.
Codes, 1942, § 7716-13; Laws, 1956, ch. 372, § 13; Laws, 1983, ch. 467, § 21; Laws, 1993, ch. 420, § 1, eff. 7/1/1993.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 3 - REGULATION OF PUBLIC UTILITIES (§§ 77-3-NEW — 77-3-809) › Article 1 - CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; RATES; SERVICE (§§ 77-3-NEW — 77-3-99) › Section 77-3-46 - Management reviews of public utility companies

Notwithstanding any other provisions of this chapter, the commission may, in its discretion, initiate a management review of any public utility company, the rates of which are subject to regulation under the provisions of this chapter and which has in excess of twenty-five thousand (25,000) customers, once every five (5) years, and at such other times deemed necessary by the commission as determined by it during a hearing, by a competent, qualified and independent firm, such review to examine thoroughly the efficiency and effectiveness of management decisions among other factors as directed by the commission. Such public utility shall render to the commission for such purpose books, records and other items prescribed by the commission. The cost of such review is to be borne by the particular public utility subject to the review; provided, however, that carriers subject to regulation by and auditing of the interstate commerce commission shall not be required to bear the expense of additional management review required hereunder.
Whenever the commission is of the opinion that it is in the public interest to do so, the commission may in its discretion initiate a management review of any other public utility company, the rates of which are subject to regulation under the provisions of this chapter, in accordance with the procedures set forth above in this section.
The commission shall not contract for such management review with any firm that has within three (3) years prior thereto performed a financial audit on behalf of such public utility nor on behalf of any affiliate, subsidiary, holding or parent company.
Laws, 1983, ch 467, § 22, eff. 4/6/1983.