reglab/statecodes huggingface dataset:
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 77-3-47 - Hearings by commission

The commission may, in addition to the hearings specifically provided for by this chapter, conduct such other hearings as may be deemed necessary in the administration of the powers and duties conferred upon it by this title.
The commission shall fix the time and place of hearings and shall serve notice thereof, not less than twenty (20) days before the time set for such hearings, unless the commission shall find that public convenience or necessity requires that such hearings be held at an earlier date. The commission may dismiss any complaint without a hearing if in its opinion a hearing is not necessary in the public interest or for the protection of substantial rights. Notice of all such hearings shall be given the persons interested therein by mailing such notice to each public utility which may be affected by any order resulting therefrom and by publication in a newspaper of general circulation published in Jackson, Mississippi, and, in a proceeding for a facility certificate or an area certificate, by publication in a newspaper of general circulation in the county or counties where the facility or area is located. In addition to any other notice requirements prescribed in this section, notice of a hearing regarding a major change in rates and schedules, as defined in Section
77-3-37(8)
, by a public utility of the type defined in Section
77-3-3(d)(iv)
shall be published in a newspaper having general circulation in an area where service is being provided by the public utility.
At the time fixed for any hearing before the commission, or the time to which the same may have been continued, the complainant and the person complained of shall be entitled in person or by attorney to be heard and to introduce evidence.
Codes, 1942, § 7716-14; Laws, 1956, ch. 372, § 14; Laws, 1978, ch. 448, § 1; Laws, 1983, ch. 467, § 23; Laws, 1990, ch. 530, § 40; Laws, 1992, ch. 417, § 8; Laws, 1997, ch. 540, § 2, eff. 7/1/1997.
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 77-3-49 - Issuance of process by commission; witnesses

The commission may issue subpoenas, subpoenas duces tecum and all necessary process in proceedings pending before it. Such process shall extend to all parts of the state and may be served by any person authorized to serve process of courts of record. All process issued by the commission shall be signed by the chairman or secretary of the commission, and the seal of the commission shall be affixed thereto.
The commission and each of the commissioners, for the purpose mentioned in this article, may administer oaths, examine witnesses and certify official acts.
In case of failure on the part of any person or persons to comply with any lawful order of the commission, or with any subpoena or subpoenas duces tecum, or in the case of the refusal of any witness to testify concerning any matter on which he may be interrogated lawfully, any court of record of general jurisdiction or a judge thereof, may on application of the commission compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein.
Codes, 1942, §§ 7716-15, 7716-16; Laws, 1956, ch. 372, §§ 15, 16.
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 77-3-51 - Depositions by agreement

Upon agreement of the parties in any proceeding, depositions of any witnesses may be taken and used in evidence pursuant to procedure for taking depositions which may be prescribed by rules and regulations of the commission.
Codes, 1942, § 7716-17; Laws, 1956, ch. 372, § 17.
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 77-3-53 - Certified copies of documents and orders as evidence

Copies of official documents and orders filed or deposited according to law in the office of the commission, certified by a commissioner or by the secretary under the official seal of the commission to be true copies of the original shall be evidence in like manner as the originals, in all matters before the commission and in the courts of this state, or any other state or jurisdiction.
Codes, 1942, § 7716-18; Laws, 1956, ch. 372, § 18.
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 77-3-55 - Orders, findings, authorizations and certificates to be in writing and entered in minutes

Every order, finding, authorization or certificate issued or approved by the commission under any provisions of this article shall be in writing and entered on the minutes of the commission. A certificate under the seal of the commission that any such order, finding, authorization or certificate has not been modified, stayed, suspended or revoked, shall be received as evidence in any proceeding as to the facts therein stated.
Codes, 1942, § 7716-19; Laws, 1956, ch. 372, § 19.
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 77-3-57 - Service on parties

Service in all hearings, investigations and proceedings pending before the commission shall be made personally in the manner in which process is required by law to be served or by registered or certified mail, as the commission may direct.
Codes, 1942, § 7716-21; Laws, 1956, ch. 372, § 21.
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 77-3-59 - Decisions; compliance with orders

The commission shall make and file its findings and order, and its opinion, if any. All findings shall be supported by substantial evidence presented and shall be in sufficient detail to enable the court on appeal to determine the controverted questions presented, and the basis of the commission's conclusion. A copy of such order certified under the seal of the commission, shall be served upon the person against whom it runs, or his attorney, and notice thereof shall be given to the other parties to the proceedings or their attorneys. Said order shall take effect twenty (20) days after the service thereof, unless otherwise provided, and shall continue in force, either for a period which may be designated therein or until changed or revoked by the commission. If an order cannot, in the judgment of the commission, be complied with within twenty (20) days, the commission may grant and prescribe such additional time as in its judgment is reasonably necessary to comply with the order, and may, on application and for good cause shown, extend the time for compliance fixed in its order.
Codes, 1942, § 7716-22; Laws, 1956, ch. 372, § 22; Laws, 1992, ch. 417, § 9, eff. 4/29/1992.
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 77-3-61 - Alteration of orders

The commission may at any time, after notice, and after opportunity to be heard as provided in Section
77-3-47
, rescind or amend any order or decision made by it. Any order rescinding or amending a prior order or decision shall, when served upon the utility affected and after notice thereof is given to the other parties to the proceedings, have the same effect as original orders or decisions. However, no such order shall affect the legality or validity of any acts done by said utility before service upon it of the notice of such change.
Codes, 1942, § 7716-23; Laws, 1956, ch. 372, § 23.
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 77-3-63 - Record of proceedings; reporter

A full and complete record shall be kept of all proceedings had before the commission or any commissioner or any formal hearing. All testimony shall be taken down by a reporter appointed by the commission, whose qualifications and compensations shall be the same as now provided by law for the circuit and chancery court reporters.
Codes, 1942, § 7716-24; Laws, 1956, ch. 372, § 24.
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 77-3-65 - Rehearing; stay of order

After an order or decision has been made by the commission, any party to the proceedings may, within thirty (30) days after the entry of the order or decision, apply for a rehearing in respect of any matters determined in said proceedings and specified in the application for rehearing, and the commission may grant and hold such rehearings on such matters.
The filing of an application for rehearing shall not stay or suspend the effective date of any commission order or the obligation of any person to comply in all respects with such order unless the commission shall, in the exercise of its discretion, stay, suspend or modify such order. Any party to the proceedings shall be entitled to a stay of the order, other than an order resulting from a proceeding under Section
77-3-39
, as a matter of right, upon filing with the commission a bond payable to the State of Mississippi in such amount and with sufficient surety, both as determined by the commission, to insure the prompt payment of any damages or refunds to the party or persons entitled thereto, if the order shall, at the conclusion of any subsequent proceedings, become effective. Such damages or refunds shall be paid in full, including interest at the same rate prescribed in Section
77-3-39
, Section
77-3-69
and Section
77-3-71
. In lieu of payment, the utility may credit the service account with the amount due under this section if the consumer entitled to the damages or refund is, at that time, a consumer of the utility.
The commission shall either grant or refuse an application for rehearing within twenty (20) days after the date of application therefor. A failure by the commission to act upon such application within that period shall be deemed refusal thereof. If the application is granted, the commission shall conduct and conclude a rehearing within thirty (30) days of the entry of the order for rehearing and shall enter a new order after the rehearing shall have been concluded, which shall become effective ten (10) days after such order is entered, unless otherwise provided by the commission for reasonable cause.
Codes, 1942, § 7716-25; Laws, 1956, ch. 372, § 25; Laws, 1983, ch. 467, § 24; Laws, 1987, ch. 312, eff. 7/1/1987.
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 77-3-73 - Appealed commission matters to take preference in all courts

All commission matters appealed to any court shall take preference over other cases as a matter affecting the public interest, and all courts shall docket and dispose of such causes at the earliest moment compatible with the ends of justice.
Codes, 1942, § 7716-29; Laws, 1956, ch. 372, § 29.
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 77-3-75 - Enforcement of commission orders

The commission may apply to the chancery court, First Judicial District of Hinds County, Mississippi, for enforcement, by mandamus, injunction or other appropriate remedy, of any order of the commission.
Codes, 1942, § 7716-30; Laws, 1956, ch. 372, § 30.
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 77-3-77 - Burden of proof on party seeking to vacate commission order

In all actions and proceedings arising under the provisions of this article or growing out of the exercise of the authority and powers herein granted to the commission, the burden of proof shall be on the party seeking to vacate an order of said commission.
Codes, 1942, § 7716-31; Laws, 1956, ch. 372, § 31.
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 77-3-81 - Violations of article or orders of commission; furnishing to commission of false testimony, reports, records, etc

(1)
(a)
Any person or corporation which willfully and knowingly violates any provision of this article or which fails, omits or neglects to obey, observe or comply with any lawful order, or any part or provision thereof, of the commission shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00), which shall be deposited in the State General Fund.
(b)
Every violation of the provisions of this article or of any lawful order of the commission, or any part or portion thereof by any corporation or person is a separate and distinct offense, and in case of a continuing violation after a first conviction, each day's continuance thereof shall be deemed to be a separate and distinct offense.
(2)
Any person who knowingly or intentionally gives false testimony at any hearing held by the commission, a commissioner or a hearing examiner, or who knowingly or intentionally makes false reports to the commission, when the testimony and reports are required by this article or any lawful order or rule of the commission, or who knowingly or intentionally makes any false entries upon the books or records of any public utility subject to review by the commission, or who knowingly or intentionally makes or preserves any false or misleading vouchers, memoranda or records showing the nature of, or purpose for, the disbursement of funds of such public utilities, shall be deemed guilty of a felony and, upon conviction, shall be committed to the custody of the State Department of Corrections for a period of not less than one (1) year nor more than ten (10) years for every offense.
Codes, 1942, §§ 7716-32, 7716-33; Laws, 1956, ch. 372, §§ 32, 33; Laws, 1991, ch. 562, § 2, eff. 4/2/1991.
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 77-3-83 - Penalties are cumulative

All penalties accruing under this article shall be cumulative, and a suit for the recovery of one penalty shall not be a bar to or affect the recovery of any other penalty or forfeiture or be a bar to any criminal prosecution against any public utility or any officer, director, agent or employee thereof or any other corporation or person.
Codes, 1942, § 7716-34; Laws, 1956, ch. 372, § 34.
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 77-3-85 - Jurisdiction of actions to recover penalties and criminal prosecutions; limitation of actions

Actions to recover penalties under this article, and criminal prosecutions under subsection (2) of Section
77-3-81
, shall be brought in the name of the State of Mississippi in any court of competent jurisdiction. No action for penalty under subsection (1) of Section
77-3-81
may be maintained after the expiration of one (1) year from the date of the act of which complaint is made.
Codes, 1942, § 7716-35; Laws, 1956, ch. 372, § 35; Laws, 1991, ch. 562, § 3, eff. 4/12/1991.
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 77-3-89 - Payment of expenses; audit of books and accounts; Public Utilities Staff Regulation Fund; funding of agency expenses; deposit of monies into State General Fund

It shall be the duty of the State Auditor to advise the commission of the amount of money on hand in the "Public Service Commission Regulation Fund" from time to time. All expenses of the commission authorized by this article, or any other act of the Legislature, shall be paid by the State Treasurer upon warrants issued by the State Fiscal Officer, which warrants shall be issued upon requisition signed by the chairman of the commission and countersigned by one (1) of the commissioners. Said requisition shall show upon its face the purpose for which the payment is being made by reference to the minute book in which such payment was authorized. It shall be unlawful for any person to withdraw any money from said fund other than by requisition issued as herein provided. A record of all requisitions issued by the commission showing to whom, for what purpose, and date issued, shall be placed upon the minute books of the commission and shall become a part of the official record of the commission.
The books and accounts of the commission shall be audited at the end of each fiscal year, and at any other time deemed necessary, by the State Auditor and a copy of such audits shall be furnished to the Governor and the commission. The State Auditor may prescribe such further accounting procedure as he deems necessary for the withdrawal of funds by the commission from said special fund. All requisitions drawn in compliance with this article shall be honored by the State Auditor and the funds disbursed in accordance therewith. The commission shall file a report at each regular session of the Legislature showing the expenditure of all funds by the commission.
The "Public Utilities Staff Regulation Fund" shall be administered in accordance with Section
77-2-19
.
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.
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.
Codes, 1942, § 7716-36; Laws, 1956, ch. 372, § 36; Laws, 1966, ch. 626, § 1; Laws, 1968, ch. 505, § 1; Laws, 1970, ch. 427, § 1; Laws, 1987, ch. 343, § 7; Laws, 1991, ch. 525, § 6, eff. 4/10/1991.
Amended by Laws, 2016, ch. 459, SB 2362, 54, 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 77-3-90 - Annual reports of commission

It shall be the duty of the commission to make and publish annual reports to the governor and the legislature as provided in Section
27-101-1
, et seq., of commission activities, including copies of its general orders and regulations, comparative statistical data on the operation of the various public utilities in the state, comparison of rates in Mississippi with rates elsewhere, a detailed report of its investigative division, a detailed report of the public utilities staff, a review of significant developments in the fields of utility law, economics and planning, a report of pending matters before the commission and a digest of the principal decisions of the commission and the Mississippi courts affecting public utilities.
Laws, 1983, ch. 467, § 31, 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 77-3-91 - Definitions applicable to sections 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:
(a)
"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.
(b)
"Commission" means the Mississippi Public Service Commission.
(c)
"Return" means before-tax return on common equity capital of the utility.
(d)
"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.
(e)
"Non-associated source" means an entity which is not an affiliate or a subsidiary of the utility.
(f)
"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.
(g)
"Energy" means the electricity, as opposed to the availability, received by the purchasing utility pursuant to the sale.
Laws, 1994, ch. 316, § 1, eff. 3/10/1994.
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 77-3-93 - Cost of purchasing electricity from non-utility generator for period in excess of 30 days included as expense item for purpose of calculating rates

(1)
Whenever a utility purchases at wholesale from a nonutility generator or some nonassociated 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
. Notwithstanding the above or any provision of law to the contrary, for any renewable power purchase entered into after July 1, 2020, including, but not limited to, solar, wind, biomass or storage, a utility shall be entitled to incorporate renewable purchased costs in its rate base.
(2)
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.
(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.
Laws, 1994, ch. 316, § 2, eff. 3/10/1994.
Amended by Laws, 2024EX2, ch. (number not assigned at time of publication), SB 2001,§ 32, eff. 1/30/2024.
Amended by Laws, 2020, ch. 387, SB 2386,§ 21, eff. 7/1/2020.
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 77-3-95 - 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

(1)
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:
(a)
Whether the purchase is in the best interest of the utility and of the retail customers of the utility;
(b)
Whether the portion of the purchase designated as capacity or energy requirements, or both, is appropriate; and
(c)
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.
(2)
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.
(3)
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
.
(4)
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.
Laws, 1994, ch. 316, § 3, eff. 3/10/1994.
Amended by Laws, 2024EX2, ch. (number not assigned at time of publication), SB 2001,§ 33, 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 77-3-99 - Election by eligible homeowners association to provide water service to its residents; continuing obligations of eligible municipality

(1)
In the event an eligible homeowners association elects to provide water service to its residents, the eligible municipality shall sell and convey any water assets to the homeowners association that the association deems necessary to supply its residents with water. These assets shall include, without limitation, main water lines, service lines to residential buildings, meters, and any other assets located within the subdivision that are owned by the municipality and used for the purpose of delivering water, which the homeowners association has determined are necessary or useful to provide its residents with water. The homeowners association shall pay the municipality fair market value for such assets, which value shall be determined by an independent appraisal conducted by an appraiser of the eligible homeowners association's choosing. At such time as the eligible homeowners association closes on the municipal water assets, it shall obtain as a function of law an easement in municipal roads and rights-of-way through or under which these assets reside, and on municipal roads adjacent to these roads, which will allow the homeowners association to repair, replace or improve these assets as needed at its cost, including repairing any damage to municipal roads that result from these repairs or replacements.
(2)
The provisions of this chapter shall continue to apply to sewer services and the eligible municipality shall continue to furnish sewage disposal services to the residents of the eligible homeowners association on the same terms at which they are offered to other residents of the municipality.
(3)
If an eligible homeowners association elects to provide water to its residents, the eligible municipality shall continue to provide water service to the residents of this subdivision until such time as the homeowners association notifies the municipality in writing that it is prepared to begin providing water service to the subdivision's residents.
(4)
Nothing in this chapter shall be construed to diminish or eliminate the eligible municipality's continued obligation to provide emergency fire suppression services to a subdivision, the eligible homeowners association of which has elected to provide its residents with water.
Added by Laws, 2023, ch. 322, SB 2433,§ 3, 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 2 - ALTERNATE METHOD OF COST RECOVERY ON CERTAIN BASE LOAD GENERATION (§§ 77-3-101 — 77-3-129) › GENERAL PROVISIONS (§§ 77-3-101 — 77-3-109) › Section 77-3-101 - Legislative determinations and declarations of policy

The Legislature finds, determines and declares the following to be in the public interest and the policy of the State of Mississippi:
(a)
To promote and foster the prudent, timely expansion and construction of, and long-term availability of, adequate and appropriate levels of electric generation by electric public utilities, as described in Section
77-3-3(d) (i)
, with diversity as to the means of such generation and as to the sources of fuel for such generation, including nuclear fuel, coal and other reliable fuel sources;
(b)
That such availability is essential to the orderly and effective operation of a reliable electric system in this state and will be vital to economic stability and growth within the State of Mississippi and to the public interest, and that the generation and related operations of electric public utilities are affected with the public interest;
(c)
That new base load electric generating technologies are and will continue to be important in the planning and development of public utility electric generation, and that the State should take advantage of advances in nuclear, coal and other technologies, including technologies that reduce or minimize, or that facilitate the future reduction or minimization of, regulated air emissions;
(d)
To take advantage of financial and other incentives afforded and provided by the federal Energy Policy Act of 2005 for the construction of certain electric generating facilities and any federal or state legislative or other incentives that may from time to time become available and to require that all such incentives be utilized for the benefit of such generating facilities;
(e)
To promote and foster economic development; and
(f)
To promote and foster the State of Mississippi's energy independence by encouraging the development and utilization of fuel sources derived from the State of Mississippi's natural resources.
Laws, 2008, ch. 531, § 1, eff. 5/9/2008.
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 2 - ALTERNATE METHOD OF COST RECOVERY ON CERTAIN BASE LOAD GENERATION (§§ 77-3-101 — 77-3-129) › GENERAL PROVISIONS (§§ 77-3-101 — 77-3-109) › Section 77-3-103 - Definitions

As used in this article:
(a)
The term "generating facility" means a new electric public utility base load generating facility located in the State of Mississippi having, or potentially having, base load-serving characteristics and incorporating such generating technologies or fuel sources as may be approved by the commission, including equipment or facilities relating thereto such as related, connected or necessary electric transmission facilities, and:
(i)
Having, or planned or projected to have, an aggregate design capability, based upon manufacturer name plate rating or other appropriate rating as the commission may approve, of generating three hundred (300) megawatts or greater of electric power for a coal gasification or clean coal facility and eight hundred (800) megawatts or greater of electric power for a nuclear facility;
(ii)
That, in whole or in part, is owned or controlled, or is planned or projected to be owned or controlled, by, or under common control with, an electric public utility certificated to operate as such by the commission with a certificated electric service area located within the State of Mississippi;
(iii)
That is intended, in whole or in part, to serve retail customers of an electric public utility in Mississippi;
(iv)
That utilizes technology to reduce or minimize, or to facilitate the future implementation of processes for the reduction or minimization of regulated air emissions; and
(v)
That may, but shall not be required to, be located at an existing generating facility site.
(b)
The term "pre-construction" means any and all activities or costs relating to planning, evaluation, screening, licensing, siting, design, development or other similar activities prior to the construction of a generating facility.
Laws, 2008, ch. 531, § 2, eff. 5/9/2008.
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 2 - ALTERNATE METHOD OF COST RECOVERY ON CERTAIN BASE LOAD GENERATION (§§ 77-3-101 — 77-3-129) › GENERAL PROVISIONS (§§ 77-3-101 — 77-3-109) › Section 77-3-107 - Rules and regulations; preference for ownership of generating facilities by certain electric public utilities

The commission is fully empowered and authorized to promulgate rules and regulations as may be necessary to effectuate the provisions of this article, which may include a preference for ownership, in whole or in part, of a generating facility by an investor-owned electric public utility operating in the State of Mississippi or by an electric public utility owning and operating generation and transmission facilities in the State of Mississippi that, prior to January 1, 2008, was organized under Chapter 184, Laws of 1936 [See Editor's Note below], and was comprised of corporate members each of which is an electric power association under Chapter 184.
Laws, 2008, ch. 531, § 4, eff. 5/9/2008.
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 2 - ALTERNATE METHOD OF COST RECOVERY ON CERTAIN BASE LOAD GENERATION (§§ 77-3-101 — 77-3-129) › GENERAL PROVISIONS (§§ 77-3-101 — 77-3-109) › Section 77-3-109 - Legislative Advisory Board on Alternate Method of Cost Recovery on Base Load Generation; purpose; composition

There is hereby created the Legislative Advisory Board on Alternate Method of Cost Recovery on Base Load Generation for the purpose of advising the Public Service Commission in the performance of its duties and to require the commission to make a written report to the advisory board every six (6) months regarding any activities pertaining to base load generation. The advisory board shall be composed of the following:
(a)
The Chairman and Vice Chairman of the House Public Utilities Committee, or their designees;
(b)
The Chairman and Vice Chairman of the Senate Public Utilities Committee, or their designees;
(c)
The Chairman of the House of Representatives Appropriations Committee, or his designee;
(d)
The Chairman of the Senate Appropriations Committee, or his designee;
(e)
The Chairman of the House of Representatives Ways and Means Committee, or his designee; and
(f)
The Chairman of the Senate Finance Committee, or his designee.
Members of the advisory board shall receive per diem and expenses which shall be paid from the contingent expense funds of their respective houses in the same amounts as provided for committee meetings when the Legislature is not in session; however, no per diem and expenses for attending meetings of the advisory board shall be paid to legislative members while the Legislature is in session.
Laws, 2008, ch. 531, § 5, eff. 5/9/2008.
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 2 - ALTERNATE METHOD OF COST RECOVERY ON CERTAIN BASE LOAD GENERATION (§§ 77-3-101 — 77-3-129) › MISSISSIPPI PUBLIC UTILITY RATE MITIGATION AND REDUCTION ACT (§§ 77-3-111 — 77-3-129) › Section 77-3-113 - Contents of petition

(1)
Subject to the agreement by the affected electric public utility, the commission shall cause to be financed, consistent with the procedures set forth in Sections
77-3-111
through
77-3-127
, all qualifying facility costs found to be prudent by the commission that are incurred over the estimate of such costs presented by the electric public utility in the certificate proceeding for the qualifying facility, up to a maximum of One Billion Dollars ($1,000,000,000.00). To accomplish the goals contained herein, the commission shall enter a financing order authorizing the issuance of rate reduction bonds by an electric public utility and to make such other findings and determinations as are provided for in Sections
77-3-111
through
77-3-127
. The commission shall utilize a competitive Requests for Proposals process to select any bond attorney or counsel and may not accept any proposal in excess of Five Hundred Thousand Dollars ($500,000.00).
(2)
Upon request by the commission in accordance with the requirements of subsection (1) of this section, the electric public utility owning a qualifying facility, in whole or in part, and whose rates are subject to the jurisdiction of the commission, shall submit a petition presenting the following information:
(a)
Describe the qualifying facility and related qualifying facility costs in rate base or to be included in rate base;
(b)
Indicate the total amount of qualifying facility cost required to be financed by the electric public utility using proceeds from rate reduction bonds;
(c)
Estimate the financing costs related to the rate reduction bonds;
(d)
Describe and estimate the rate reduction bond charge necessary to recover the financing costs as they become due and the proposed period for recovery of such costs;
(e)
Estimate the projected cost savings to customers based upon then current market conditions resulting from financing the qualifying facility cost with rate reduction bonds as opposed to including the amount of such cost in rate base and recovering the revenue requirements associated with such cost over the depreciable life of the qualifying facility;
(f)
File with the commission direct testimony supporting the application; and
(g)
Timely provide the commission or the public utilities staff, as applicable, such additional information and documentation as either may reasonably request.
Added by Laws, 2013, ch. 305, HB 1134, 4, eff. 2/26/2013.
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 2 - ALTERNATE METHOD OF COST RECOVERY ON CERTAIN BASE LOAD GENERATION (§§ 77-3-101 — 77-3-129) › MISSISSIPPI PUBLIC UTILITY RATE MITIGATION AND REDUCTION ACT (§§ 77-3-111 — 77-3-129) › Section 77-3-119 - Filing of true-up report by issuing entity; review by commission

(1)
If the commission issues a financing order and rate reduction bonds are issued, the issuing entity shall, as frequently as quarterly but no less frequently than annually, file with the commission a true-up report requesting the commission to review the rate reduction bond charge established in the financing order and authorize the true-up adjustments described herein. A copy of such report shall promptly be served upon the electric public utility collecting the rate reduction bond charge. The report shall present the amount of any overcollection or undercollection of the rate reduction bond charge and shall include a schedule applying the approved true-up adjustment mechanism authorized in the financing order and the resulting amount of any true-up adjustment required to ensure the recovery of revenues sufficient to provide for the timely payment of all financing costs when due.
(2)
The commission's review of the true-up report shall be limited to a determination of the existence and amount of any mathematical errors in the report concerning the application of the approved true-up adjustment mechanism. Within thirty (30) days after receiving a true-up report pursuant to this section, the commission shall, if necessary, revise the rate reduction bond charge and notify the electric public utility of such revision, or, if no revision to the rate reduction bond charge is required, the commission shall so notify the electric public utility. A true-up report requesting to revise the rate reduction bond charge shall be deemed approved if the requested revision is neither approved nor denied by the commission within thirty (30) days after the request is submitted.
(3)
Any true-up report requesting a true-up adjustment of a rate reduction bond charge shall not constitute a change in rates and shall not be subject to the requirements of Section
77-3-37
or
77-3-39
.
(4)
Upon the adjustment of a rate reduction bond charge pursuant to this section and notification to the electric public utility, the electric public utility shall promptly adjust the rate reduction bond charge to become effective the next practicable billing cycle.
Added by Laws, 2013, ch. 305, HB 1134, 7, eff. 2/26/2013.
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 2 - ALTERNATE METHOD OF COST RECOVERY ON CERTAIN BASE LOAD GENERATION (§§ 77-3-101 — 77-3-129) › MISSISSIPPI PUBLIC UTILITY RATE MITIGATION AND REDUCTION ACT (§§ 77-3-111 — 77-3-129) › Section 77-3-121 - Rate reduction bond charge as nonbypassable charge; legal remedy for failure of electric public utility to remit payment of rate reduction bond charge revenues

(1)
The rate reduction bond charge is a nonbypassable charge, and in the event an electric public utility subject to a financing order, as a result of insolvency, sale, a fundamental change in regulation of electric public utilities in this State, or other reason, ceases to serve customers within all or a portion of its certificated area, the commission shall have the obligation to ensure that the rate reduction bond charge is collected and transmitted to the issuing entity by any subsequent electric public utility providing service in such certificated area, or portion thereof, no longer being served by the electric public utility that originally petitioned for the financing order.
(2)
If an electric public utility fails to remit any required payment of rate reduction bond charge revenues to an assignee, issuing entity, financing party or bondholder, as applicable, such assignee, issuing entity, financing party or bondholder shall have no legal remedy either at law or equity against the electric public utility or its assets, except as specifically provided below:
(a)
A court, upon application by an assignee, issuing entity, financing party or bondholder, shall order the sequestration and payment of the rate reduction bond charge revenues for the benefit of any bondholder, assignee, financing party and/or issuing entity.
(b)
The court's order shall remain in full force and effect notwithstanding any bankruptcy, reorganization, or other insolvency proceedings with respect to the electric public utility or any affiliate thereof.
Added by Laws, 2013, ch. 305, HB 1134, 8, eff. 2/26/2013.