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 77-3-115 - Petition procedure

(1)
Proceedings on a petition submitted pursuant to Section
77-3-113
shall be disposed of in accordance with the provisions of Section
77-3-47
and applicable commission procedural rules, except that the provisions of this Section
77-3-115
, to the extent applicable, shall control.
(2)
Within seven (7) days after the filing of a petition, the commission shall issue a scheduling order, which sets a hearing date and provides for a decision on the issuance of a financing order not more than one hundred twenty (120) days after the date the petition is filed.
(3)
When deemed necessary by the Executive Director of the Public Utilities Staff, the staff shall conduct an independent investigation as to the electric public utility's petition for a financing order subject to and within the time limitations prescribed in Sections
77-3-111
through
77-3-127
.
(4)
Not more than one hundred twenty (120) days after the date the petition is filed, the commission shall issue a financing order or an order denying the petition.
(5)
Any party to the commission proceeding may petition the commission for reconsideration of an order granting or denying a petition for the issuance of a financing order not more than seven (7) days after the date the order is issued. The commission shall rule on the petition for reconsideration not more than fourteen (14) days after the filing of such petition. A failure by the commission to act upon such petition for reconsideration within the specified time period shall be deemed a denial of the petition for reconsideration, and the order of the commission granting or denying a petition for the issuance of a financing order shall be deemed final.
(6)
Any judicial review shall be as provided in Section
77-3-72
; provided, however, that any person, other than the electric public utility that is the subject of the financing order, seeking to appeal a financing order issued pursuant to Sections
77-3-111
through
77-3-127
, or any prudence determination related thereto, shall not perfect its appeal unless and until a bond of sufficient amount to protect the customer savings projected to be realized through the issuance of rate reduction bonds as determined by the commission in the financing order pursuant to Section
77-3-117(b)
is filed with the commission prior to expiration of time provided under Section
77-3-72
for the filing of a notice of appeal. If an appeal of an order granting or denying a petition for the issuance of a financing order is perfected pursuant to the procedure provided above, the electric public utility shall be authorized to establish a regulatory asset for the purpose of deferring a return on the qualifying facility cost intended to be financed by the rte reduction bond proceeds equal to the utility's weighted average cost of capital until such time as there is a final financing order for which the time for all appeals has expired. A financing order shall provide that any and all deferred return of the electric public utility during the pendency of an appeal may be financed as qualifying costs pursuant to the provisions of Sections
77-3-111
through
77-3-127
.
(7)
The filing of a petition by an electric public utility, the issuance of a financing order, the issuance of rate reduction bonds and the implementation or adjustment of a rate reduction bond charge under Sections
77-3-111
through
77-3-127
shall not constitute a change in rates pursuant to Section
77-3-37
or
77-3-39
.
Added by Laws, 2013, ch. 305, HB 1134, 5, eff. 2/26/2013.