Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 24 - Declaratory Opinions › Rule 39-1-24 › Section 39-1-24-103 - Circumstances in which Declaratory Opinions May Not Be Issued

Current through June 25, 2024
The Commission may, for good cause, refuse to issue a
					 declaratory opinion. Without limiting the generality of the foregoing, the
					 circumstances in which declaratory opinions may not be issued include, but are
					 not necessarily limited to:
1. Lack of
				  jurisdiction;
2. Lack of sufficient
				  clarity of the issues presented;
3.
				  Pending or anticipated litigation, prosecution, administrative action, or other
				  adjudication which may either answer the question presented by the request or
				  otherwise make an answer unnecessary;
4. The statute, rule, or order on which a
				  declaratory opinion is sought is clear and not in need of interpretation to
				  answer the question presented by the request;
5. The facts presented in the request are not
				  sufficient to answer the question presented;
6. The request fails to contain information
				  required by these rules or the requestor failed to follow the procedures set
				  forth in these rules;
7. The
				  request seeks to resolve issues which have become moot, or are abstract or
				  hypothetical such that the requestor is not substantially affected by the rule,
				  statute or order on which a declaratory opinion is sought;
8. No controversy exists concerning the issue
				  as the requestor is not faced with existing facts or those certain to arise
				  which raise a question concerning the application of the statute, rule, or
				  order;
9. The question presented by
				  the request concerns the legal validity of a statute, rule or order;
10. The requestor has not suffered an injury
				  or threatened injury fairly traceable to the application of the statute, rule
				  or order;
11. The request is not
				  based upon facts calculated to aid in the planning of future conduct, but is
				  instead based on past conduct in an effort to establish the effect of that
				  conduct;
12. No clear answer is
				  determinable;
13. The question
				  presented by the request involves the application of a criminal statute or sets
				  of facts which may constitute a crime;
14. The answer to the question presented
				  would require the disclosure of information which is privileged or otherwise
				  protected by law from disclosure;
15. The question is currently the subject of
				  an Attorney General's opinion request or has been answered by an Attorney
				  General's opinion;
16. The request
				  is speculative or purely hypothetical and does not involve an actual
				  situation;
17. The request is
				  frivolous;
18. Where such opinion
				  may adversely affect the interests of the State, the Commission, or any of
				  their officers or employees in any litigation which is pending or may
				  reasonably be expected to arise;
19. Where a similar request is pending before
				  the Commission or any other agency or a proceeding is pending on the same
				  subject matter before any agency, administrative or judicial tribunal, or where
				  such an opinion would constitute the unauthorized practice of law;
20. The request raises issues involving
				  certification or rate matters as there exists a statutory or regulatory process
				  by which certification and rate matters are determined; and
21. For other good cause stated by the
				  Commission.