reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 6 - General Rules › Rule 39-1-6 › Section 39-1-6-108 - Electronic Docket

Current through June 25, 2024
The Commission maintains an electronic docket via the link,
					 "Docket," on its Internet homepage which reflects all pending
					 proceedings
.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 6 - General Rules › Rule 39-1-6 › Section 39-1-6-110 - Service of Copies

Current through June 25, 2024
Except as otherwise provided by these rules, one copy of
					 all documents or pleadings required or allowed to be filed under the provisions
					 of these rules shall be served upon all parties.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 6 - General Rules › Rule 39-1-6 › Section 39-1-6-111 - Certificate of Service Requested

Current through June 25, 2024
A party or his attorney, where applicable, shall sign a
					 Certificate of Service stating compliance with this rule and such shall be an
					 exhibit to the filing made with the Executive Secretary.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 6 - General Rules › Rule 39-1-6 › Section 39-1-6-112 - Service of Documents

Current through June 25, 2024
1.
Concurrent Service/Methods of Service
Unless otherwise noted herein, documents which are required
					 to be served on other persons or parties shall be served concurrently with the
					 filing with the Executive Secretary. Service upon a party, service of orders,
					 notices, pleadings, motions and other documents upon a party shall be made by
					 delivering a copy to the party, by transmitting it to the party by electronic
					 means, by facsimile transfer or e-mail, or by mailing to the party or other
					 person at their last known address. Delivery of a copy means handing it to a
					 party, leaving it at the office of a party with a person in charge thereof, or
					 leaving it at the dwelling house or usual place of abode of the party with some
					 person of suitable age and discretion then residing therein. Service by
					 electronic means is complete when the electronic equipment being used by the
					 party being served acknowledges receipt of the material. If the equipment used
					 by the party being served does not automatically acknowledge the transmission,
					 service is not complete until the sending party obtains an acknowledgement from
					 the recipient. Service by mail is complete upon mailing. If a pleading or other
					 document is served by mail, three days shall be added to the prescribed period
					 in which the party being served has to respond or take other action with
					 respect to the pleading. For purposes of service of documents under this
					 section, the term "party" shall also refer to the Commission and the
					 Staff.
2.
Mandatory
				  Service upon Attorney
Whenever service is made upon a party who is represented by
					 an attorney of record in the proceedings, the service shall be made upon such
					 attorney.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 6 - General Rules › Rule 39-1-6 › Section 39-1-6-113 - Issuance of Order, Notice or Other Document or Service of Document

Current through June 25, 2024
An Order, notice or other document issued by the
					 Commission, or a document served by the Commission or the Staff, shall be dated
					 and deemed issued on the day it is served on the parties to the matter. Where
					 the order, notice or other document is served by mail, said document must be
					 dated and is deemed issued on the day it is mailed.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 6 - General Rules › Rule 39-1-6 › Section 39-1-6-114 - Incorporation by Reference

Current through June 25, 2024
Whenever in these rules it is provided that any statement,
					 document, paper or data shall be filed with any pleading, if such statement,
					 document, paper or data has already been filed with the Commission in some
					 other proceeding, it shall be sufficient if this fact is stated and reference
					 is made to the subject matter and docket number of the other proceeding, unless
					 the Commission orders otherwise.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 6 - General Rules › Rule 39-1-6 › Section 39-1-6-115 - Foreign Corporation

Current through June 25, 2024
The initial pleading filed by any foreign corporation or
					 foreign business entity shall clearly establish its authority to do business in
					 this State by attaching a copy of such authority or incorporating by reference
					 any theretofore filed authority. Said authority shall be in addition to any
					 copy of the articles of incorporation or charter required to be included by
					 these rules.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 6 - General Rules › Rule 39-1-6 › Section 39-1-6-116 - Process, Issuance of

Current through June 25, 2024
1.
Procedure
Upon the written motion of any party or his attorney, the
					 Commission may issue subpoena(s), subpoena(s) duces tecum and all necessary
					 process in proceedings pending before it. All process issued by the Commission
					 shall be signed by the Chairman or Executive Secretary of the Commission, and
					 the seal of the Commission shall be affixed thereto. In issuing all subpoenas,
					 the original and all copies shall show at whose instance the subpoena is
					 issued. All persons responding to process issued under this rule shall be
					 entitled to the same per diem and mileage as witnesses attending the Circuit
					 Courts in Mississippi. Such costs are to be borne by the party at whose
					 instance the process is issued.
2.
Subpoena(s) Duces Tecum
Subpoena(s) duces tecum will be issued upon the written
					 motion of a party or his attorney in the discretion of the Commission and then
					 only when the motion sets forth as plainly as possible the
					 books
,
accounts, papers or records desired to be produced and
					 the purpose of their production. A party shall have twenty (20) days after
					 service to respond to a subpoena duces tecum unless otherwise ordered by the
					 Commission.
3.
Deposit
In its discretion, the Commission may require a deposit or
					 other guarantee that the fees of witnesses and fees of officers serving process
					 will be paid.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 6 - General Rules › Rule 39-1-6 › Section 39-1-6-117 - Process, Service of

Current through June 25, 2024
Subpoena(s), subpoena(s) duces tecum
,
notices, orders or other papers required to be served shall be served in any
					 manner provided by law. Any person serving such process shall be entitled to
					 the same fees as are paid for like services in the courts of this State and the
					 cost shall be borne by the party at whose instance the process is
					 served.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 6 - General Rules › Rule 39-1-6 › Section 39-1-6-118 - Continuing Jurisdiction

Current through June 25, 2024
All holders of Certificates of Public Convenience and
					 Necessity as public utilities in the State of Mississippi are considered to be
					 under the continuing jurisdiction of the Commission, and notice of any
					 proceeding undertaken by the Commission can be made upon such certificated
					 public utility by written notice to the public utility.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 6 - General Rules › Rule 39-1-6 › Section 39-1-6-119 - Depositions

Current through June 25, 2024
Depositions shall be taken only upon agreement of the
					 parties pursuant to Miss. Code Ann. §
										77-3-51.
					 The procedure for the taking and use of depositions shall be as set forth in
					 the Mississippi Rules of Civil Procedure.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 6 - General Rules › Rule 39-1-6 › Section 39-1-6-120 - Attorney(s)

Current through June 25, 2024
1.
Admitted to Practice in
				  Mississippi
Attorneys admitted to practice in the courts of this State
					 may appear and represent parties in proceedings before the Commission (or such
					 parties may appear in their own person), and copies of all notices, documents
					 and pleadings shall be served on its designated attorney or attorneys.
2.
Not Admitted to Practice
				  in Mississippi
Attorneys not admitted to practice in the State of
					 Mississippi may appear before the Commission only in compliance with the
					 provisions of Rule 46 of the Mississippi Rules of Appellate
					 Procedure.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 6 - General Rules › Rule 39-1-6 › Section 39-1-6-122 - Data Requests and Responses

Current through June 25, 2024
1.
Filing of
				  Data Requests and Responses Not Required
Data requests and responses thereto shall not be filed with
					 the Executive Secretary of the Commission, but shall be served as provided
					 herein.
2.
Service
				  of Copies
Copies of all data requests shall be served on all parties
					 to the proceedings. Four (4) copies of all data requests and data responses
					 shall be provided to the Staff. The requesting party shall retain the original
					 of the data request and become the custodian thereof. A copy of the response
					 shall be served on the requesting party and on any other party who so requests
					 in writing a copy, except the Staff shall be copied as previously stated. The
					 responding party shall retain the original of the response to the data request
					 and be the custodian thereof.
3.
Certificate of Service
All copies of data requests served upon the parties in a
					 proceeding shall contain a certificate of service.
4.
Responding
a.
Time for Responding
The party upon whom the data requests have been served
					 shall furnish copies of the responses within twenty (20) days of the date of
					 service or as ordered by the Commission. All copies of data responses shall
					 contain a certificate of service.
b.
Manner of Responding
When responding to data requests, the full text of the data
					 request shall be set out preceding the response. Each shall be answered
					 separately and fully in writing. Each set of data responses shall be signed
					 under oath.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 6 - General Rules › Rule 39-1-6 › Section 39-1-6-123 - Computation of Time

Current through June 25, 2024
In computing any period of time prescribed or allowed by
					 these rules, by order of the Commission, or by any applicable statute, the day
					 of the act, event or default from which the designated period of time begins to
					 run shall not be included. The last day of the period so computed shall be
					 included, unless it is a Saturday, a Sunday or a legal holiday, as defined by
					 statute, or any other day when the Commission's office or the Staff's office is
					 in fact closed, whether with or without legal authority, in which event the
					 period runs until the end of the next day which is not a Saturday, a Sunday or
					 a legal holiday or any other day when the Commission's offices or the Staff's
					 office is closed. When the period of time prescribed or allowed is less than
					 seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be
					 excluded in the computation. In the event any legal holiday falls on a Sunday,
					 the next following day shall be a legal holiday.
Whenever a party has the right or is required to do some
					 act or take some proceedings within a prescribed period after the service of a
					 notice, order, pleading, motion or other document upon him and the notice or
					 document is served upon him by mail, three days shall be added to the
					 prescribed period.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 6 - General Rules › Rule 39-1-6 › Section 39-1-6-125 - Dismissal of Proceedings

Current through June 25, 2024
1.
Stipulation of Dismissal
A proceeding shall not be dismissed at the filing party's
					 instance except upon order of the Commission and upon such terms and conditions
					 as the Commission deems proper.
2.
Involuntary Dismissal
The Commission may, upon its own motion or upon a motion by
					 the Staff or by motion made by any other party, dismiss or remand to the files
					 a proceeding for failure of the filing party to prosecute or to comply with any
					 relevant provision of these rules, the Act or any Order of the
					 Commission.
3.
Inactive Dockets
Any application, petition, complaint, or other matter filed
					 with the Commission in which no activity of record or written order is taken
					 for a period of nine months shall be automatically dismissed without prejudice
					 for lack of prosecution. However, a matter will not be dismissed for inactivity
					 where a motion is pending before the Commission. Computation of the nine month
					 period shall begin with the date of the last filing or other activity of record
					 concerning the matter. In order to avoid automatic dismissal, a motion must be
					 made or an order issued, properly signed and filed with the Commission before
					 the nine month period expires. A party may file a motion to extend the time for
					 an additional three months; however, the Commission, on its own motion, may
					 extend or waive this portion of the rule to conclude the docket. For the
					 purposes of this rule, activity of record shall include any application,
					 petition, complaint, motion, brief, or other pleading filed with the Commission
					 as well as any hearing or oral argument held in this matter.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 6 - General Rules › Rule 39-1-6 › Section 39-1-6-126 - Consolidation

Current through June 25, 2024
When proceedings before the Commission involve a common
					 issue of law or fact, the Commission may consolidate all the matters at issue
					 for hearing but may retain the right to issue separate orders. The Commission,
					 in the interest of convenience or in the interest of economy, may order a
					 separate hearing of any claim, request, counterclaim or of any issue presented
					 to it.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 6 - General Rules › Rule 39-1-6 › Section 39-1-6-128 - Indexing of Final Orders and Declaratory Opinions

Current through June 25, 2024
Subject to any confidentiality provisions established by
					 applicable law, all final orders of the Commission are available for public
					 inspection and copying on the Commission's website. Orders are indexed by name
					 and subject and a search engine is available for retrieval of said orders. The
					 user's guide contained on the web page offers assistance on the retrieval of
					 such documents.
All declaratory opinions issued by the Commission are
					 available for public inspection and copying unless information contained within
					 such opinions is confidential or otherwise exempt from public disclosure
					 pursuant to applicable law. A search engine is available on the website of the
					 Commission which indexes the declaratory opinions by name and subject. All
					 declaratory opinions are designated as DO. A user's guide is available on the
					 Commission's website address,
www.psc.state.ms.us
, to assist the
					 public in retrieving Final Orders and Declaratory Opinions issued by the
					 Commission.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 6 - General Rules › Rule 39-1-6 › Section 39-1-6-129 - Transcripts

Current through June 25, 2024
The original of all transcripts of proceedings held before
					 the Commission shall remain in the possession of the court reporter(s) for the
					 Commission so that in the event of an appeal notification, the original
					 transcript may be used for that purpose. Any party may request a duplicate
					 original of a transcript from the court reporter(s) at any time. The cost of
					 the duplicate original shall be two dollars and forty cents ($2.40) per page.
					 The transcript shall be prepared in accordance with MRAP 11(c) such that the
					 duplicate original transcript shall be accepted by a court and any other
					 agency.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 6 - General Rules › Rule 39-1-6 › Section 39-1-6-130 - Filing Costs Associated

Current through June 25, 2024
A filing party is responsible for all costs associated with
					 its filing, including but not limited to, publication costs or any other type
					 of costs.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 6 - General Rules › Rule 39-1-6 › Section 39-1-6-131 - Annual Submittal of Utility Data

Current through June 25, 2024
Each utility currently operating in the State of
					 Mississippi shall on or before July 1 of each year provide the Executive
					 Secretary with the following current information for the maintenance of a
					 master utility database:
1. current
				  name;
2. current mailing
				  address;
3. current telephone
				  number;
4. current facsimile number
				  and;
5. current contact person(s)
				  and their e-mail address(es)
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 7 - Certificate Proceedings › Rule 39-1-7 › Section 39-1-7-100 - Certificates to Operate

Current through June 25, 2024
No person shall provide public utility services as defined
					 by the Act without first having obtained from the Commission a Certificate of
					 Public Convenience and Necessity.
1.
Defined
A certificate to operate shall constitute the initial
					 authority of a person to operate a public utility in the State of Mississippi
					 and shall contain, where appropriate, a specification of the nature of the
					 public utility service authorized, the initial facilities to be used in the
					 rendition of the services, and the initial geographical area or class of
					 persons to whom the service is to be provided. The authority of a certificated
					 public utility to provide services different in kind or character from that
					 initially authorized shall be obtained under this rule by a petition for an
					 amended or supplemental certificate to operate. Alterations, additions or
					 extensions of the geographical area or areas initially certificated shall be
					 authorized under the provisions of Section "B" of this rule. Authority for the
					 construction or acquisition of additional capital facilities or plant shall be
					 obtained under the provisions of Section "C" of this rule.
2.
Criteria
A certificate to operate may be granted by the Commission
					 upon petition and upon a showing (a) that the petitioner is fit, financially
					 able and in good faith intends to provide such services; (b) that the public
					 convenience or necessity requires the petitioner's operation; and (c) such
					 other matters as the Commission deems relevant.
3.
Supporting Data
A petition seeking a certificate to operate shall contain
					 or be accompanied by the data and documentation shown in Schedule 1 of Appendix
					 A.
4.
Failure to
				  Begin Operations
The Commission may in its order granting a Certificate of
					 Public Convenience and Necessity include a provision that in the event that
					 operations authorized under the certificate are not commenced within one
					 hundred and eighty (180) days, the certificate will be automatically voided at
					 the end of said period.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 7 - Certificate Proceedings › Rule 39-1-7 › Section 39-1-7-101 - Area Certificates

Current through June 25, 2024
Except as allowed by this rule or by the Act, no person
					 shall provide or render any public utility service to anyone outside of the
					 geographical area or areas certificated to that person by the
					 Commission.
1.
Petitions
Petitions to enlarge, diminish or alter the boundaries of a
					 certificated area shall be granted upon good cause shown and shall contain or
					 be accompanied by the data and documentation shown in Schedule 2 of Appendix
					 A.
2.
Exceptions
Exceptions to the requirements of this Section "B" may be
					 granted by letter from the Commission or its Executive Secretary, and after
					 receiving a written recommendation of the Executive Director of the Staff
					 determining that the extensions of service outside the boundaries of the
					 certificated area is:
a. Less than one
				  mile in length;
b. With the written
				  consent of any other affected utility; and
c. Will not result in uneconomical
				  duplication of facilities.
Exceptions granted under this rule shall be deemed to be by
					 the continuing consent of the Commission and any affected utility, and the
					 utility granted the exception shall not be deemed to have any vested interest
					 or right to serve the area or customers involved.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 7 - Certificate Proceedings › Rule 39-1-7 › Section 39-1-7-102 - Facilities Certificates

Current through June 25, 2024
No person shall construct, extend, acquire or operate any
					 physical facility or plant to be used, directly or indirectly, in the operation
					 of a public utility except in compliance with the provisions of this rule and
					 the Act.
1.
Defined
A facilities certificate shall constitute the authority of
					 a utility to begin the construction, acquisition or operation of additional
					 physical facilities or plant to be used, directly or indirectly, for the
					 provision of public utilities services for its existing certificated
					 area.
2.
Contents
A petition seeking a facilities certificate shall contain
					 or be accompanied by the data and documentation shown in Schedule 3 of Appendix
					 A.
3.
When
				  Required
A facilities certificate shall not be required except in
					 the following instances:
a. Prior to
				  beginning construction of any facility for the generation and transmission of
				  electricity to be directly or indirectly used for the furnishing of public
				  utility service in this State;
b.
				  Prior to beginning construction of any facility projected to have a capitalized
				  cost in excess of $10 million or ten percent (10%) of the utility's existing
				  jurisdictional net plant investment;
c. Prior to beginning construction of any
				  facility outside the utility's certificated area unless written consent is
				  obtained from all other affected utilities; or
d. If required by Commission order.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 7 - Certificate Proceedings › Rule 39-1-7 › Section 39-1-7-103 - Notice to Staff and the Commission

Current through June 25, 2024
Notwithstanding any other provision of this rule to the
					 contrary, prior to acquiring or beginning construction of any facility, plant
					 or other capital item with a projected capitalized cost in excess of $1,000,000
					 or one percent (1%) of existing jurisdictional net plant investment, the
					 utility shall provide the original and three (3) copies of a notice of said
					 project to the Executive Secretary of the Commission. The Executive Secretary
					 shall deliver three (3) stamped copies to the office of the Executive Director
					 of the Staff. The notice provided for herein shall contain or be accompanied by
					 the data and documentation shown in Schedule 4 of Appendix A.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 7 - Certificate Proceedings › Rule 39-1-7 › Section 39-1-7-104 - Suspension of Construction

Current through June 25, 2024
The Commission may, by incorporating a provision in its
					 order granting a Facilities Certificate, suspend Commission authority for the
					 construction or acquisition of a facility, plant or other capital item, whether
					 previously certificated or not, upon failure by a utility to adhere to the
					 provisions of this rule or an order of the Commission, or for its failure to
					 timely provide the Commission, Commission staff or the Staff with any
					 reasonable information requested concerning the cost, purpose or construction
					 of the facility, plant or other capital item. Except as specifically allowed by
					 order of the Commission, the related capital expenditures made during the
					 period of suspension on the suspended construction or acquisition shall not be
					 allowed in rate base during the period of such suspension nor shall Allowance
					 for Funds Used During Construction (AFUDC) accrue on any such funds during any
					 period of suspension.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 8 - Sale or Transfer Proceedings › Rule 39-1-8 › Section 39-1-8-100 - Commission Approval Required

Current through June 25, 2024
When any public utility proposes to sell, transfer, lease,
					 assign or otherwise dispose of, including, without limitation, any change in
					 control of (a) certificates of public convenience and necessity issued to them,
					 or (b) any substantial part of its property necessary or useful in the
					 performance of its duties to the public, including corporate stock that is not
					 publicly traded, or to sell, or transfer any Certificate of Public Convenience
					 and Necessity, or portion thereof, or by any means whatsoever, direct or
					 indirect, proposes the merger, transfer or consolidation of its property,
					 certificate or any portion thereof with any other public utility or to any
					 person, firm or corporation, such sale, lease, assignment or other disposition
					 must be approved by the Commission and the petition for approval must be made
					 by all parties to the proposed transaction. This regulation applies to all
					 direct or indirect transfers of utility property or certificates, including but
					 not limited to, transfers of controlling interest in the corporate stock of an
					 existing certificated utility to any person, firm, partnership or other
					 corporation.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 8 - Sale or Transfer Proceedings › Rule 39-1-8 › Section 39-1-8-101 - Contents

Current through June 25, 2024
In addition to the requirements of any other rule, the
					 petitioner must show in or have attached to the petition, the data and
					 information described in Schedule 1 of Appendix B.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 8 - Sale or Transfer Proceedings › Rule 39-1-8 › Section 39-1-8-102 - Rate Adjustments

Current through June 25, 2024
Unless specifically requested in the petition and clearly
					 allowed by the Commission's order, the approval of any sale or transfer by the
					 Commission shall not, in and of itself, provide a basis or justification for
					 any subsequent adjustment to rate base or operating expenses.
An acquisition adjustment shall not be implied or allowed
					 except upon written request for same in the Petition for Sale and Transfer and
					 only where expressly allowed by order of the Commission when it grants approval
					 for the sale and transfer. If an acquisition adjustment is sought, all
					 supporting documentation and legal authority must be attached to the Petition
					 presented pursuant to this rule. Adjustments, if allowed, shall be by Order of
					 the Commission.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 8 - Sale or Transfer Proceedings › Rule 39-1-8 › Section 39-1-8-103 - Criteria

Current through June 25, 2024
Approval of a transaction proposed pursuant to this rule
					 and Miss. Code Ann. §
										77-3-23
					 may be granted by the Commission upon proper filing of a Petition and upon a
					 showing (a) that the proposed transaction is in good faith; (b) that the
					 proposed assignee, lessee, purchaser or transferee, is fit and able properly to
					 perform the public utility services authorized by such certificate and to
					 comply with all rules, regulations and requirements of the Commission, (c) that
					 the transaction is otherwise consistent with the public interest, and (d) when
					 a transaction involves facilities that are included in the rate base of a
					 public utility, the Commission shall include, as a prerequisite to its finding
					 that the transaction is consistent with the public interest, a finding that,
					 upon the consummation of the transaction proposed: (i)(a) the native load
					 customers of the public utility will continue to have a first priority to the
					 use and/or benefit of such facilities, or (i)(b) any loss of such first
					 priority by native load customers to the use and/or benefit of such facilities
					 is not contrary to the public interest; and (ii) any native load customers
					 served by any transmission facilities shall be served on the same basis as
					 before the transaction.
The Commission may condition its approval upon such terms
					 and conditions as it finds to be just and reasonable and with such
					 modifications as it may prescribe.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 8 - Sale or Transfer Proceedings › Rule 39-1-8 › Section 39-1-8-104 - Hearing

Current through June 25, 2024
The Petition may be granted as applied for without a
					 hearing in uncontested cases; however, the Commission may hear any uncontested
					 case if it determines that the public interest will be served
					 thereby.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 9 - Rate Proceedings › Rule 39-1-9 › Section 39-1-9-100 - Exclusive Method

Current through June 25, 2024
All petitions for increases or changes in public utility
					 rates or for the establishment of initial rates shall be by notice filing and
					 shall be handled in accordance with the following provisions which describe the
					 exclusive method of obtaining rate authority or changes, except as otherwise
					 heretofore or hereafter ordered by the Commission.
1.
Routine Filings
a.
Defined
Routine filings shall be such as do not involve substantial
					 revenue adjustment and may go into effect after thirty (30) days notice to the
					 Executive Secretary of the Commission and the Executive Director of the Staff
					 or after such shorter period of notice as the Commission, for good cause shown,
					 may allow.
b.
Contents
Pursuant to Schedule 5 of Appendix C, requests for changes
					 in, or establishment of rates and schedules properly designated as routine
					 shall be accompanied by:
i
A clear, concise and nontechnical
					 description of the nature of the service or change proposed;
ii
A statement of the reason or justification
					 therefore; and
iii
Sufficient information to allow the
					 determination of the approximate size of the revenue adjustment
					 proposed.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 9 - Rate Proceedings › Rule 39-1-9 › Section 39-1-9-101 - Notice to Customers of a Filing for a Rate Increase

Current through June 25, 2024
1.
Required Information
When a utility makes a standard filing under RP 9.100(2) or
					 a filing for a major change under RP 9.100(3) or RP 9.100(4), the utility shall
					 concurrently provide written notice of the filing to each affected customer,
					 briefly summarizing the proposed changes in rates. If the utility employs
					 monthly cycle billings, said notification may be included with or printed on
					 bills of regular billing cycles beginning not later than nine (9) days after
					 the date of filing and shall continue with each billing cycle until all
					 affected customers are notified. If the utility does not employ monthly cycle
					 billing, said notification may be included with or printed on the first monthly
					 bill rendered subsequent to the filing date. Alternatively, any utility may
					 notify all affected customers by U.S. Mail, postage pre-paid, within fifteen
					 (15) days after the date of filing. The notice to customers required herein
					 supersedes the notice requirement under Rule 6E of the Rules and Regulations
					 Governing Public Utility Service.
2.
Filing of Verification of Notice to
				  Customers
The filing utility shall file a copy of the notice, along
					 with a certificate with the Executive Secretary of the Commission, verifying
					 that notice to each of the utility's affected customers was provided and
					 providing the date the notice was provided.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 9 - Rate Proceedings › Rule 39-1-9 › Section 39-1-9-102 - Designation

Current through June 25, 2024
The utility shall designate on the face of the Notice of
					 Intent whether the filing constitutes one of the following types of
					 filings:
1. Routine Filing
2. Standard Filing
3. Major Change Under $15 Million
				  Filing
4. Major Change of $15
				  Million or More Filing
5. Initial
				  Rate Filing
6. Temporary Rate
				  Filing
7. Miscellaneous
				  Filing
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 9 - Rate Proceedings › Rule 39-1-9 › Section 39-1-9-103 - Prefiled Testimony

Current through June 25, 2024
1.
Filing
				  Utility
All direct testimony, exhibits and other information which
					 any utility relies upon in support of the proposed changes shall be filed
					 concurrently with the filing of the Notice of Intent.
2.
Staff and Intervenors
The Staff and all intervenors shall file all direct
					 testimony, exhibits and other information which is to be relied upon regarding
					 the proposed changes within eighty (80) days from the filing of such Notice of
					 Intent.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 9 - Rate Proceedings › Rule 39-1-9 › Section 39-1-9-104 - Additional Data

Current through June 25, 2024
In addition to the filing requirements set forth above, the
					 Staff and/or the Commission or the Commission staff may require, in writing,
					 the filing utility, or other party to supplement the above data with other
					 information as they may deem necessary. Except for good cause shown, the
					 utility shall provide such supplemental data and information within twenty (20)
					 days of the date of the request.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 9 - Rate Proceedings › Rule 39-1-9 › Section 39-1-9-106 - Signature under Oath

Current through June 25, 2024
Every Notice of Intent and all prefiled testimony shall be
					 signed by the certificate holder or a duly authorized officer or representative
					 of the certificate holder or the person sponsoring the prefiled testimony
					 verifying to the best of their knowledge, information and belief the accuracy
					 of the information contained therein.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 9 - Rate Proceedings › Rule 39-1-9 › Section 39-1-9-108 - Water and Sewer Rate Cases

Current through June 25, 2024
Any utility operating both a water and sewer system shall,
					 in filing for any rate relief, file separate and distinct notices and
					 documentation for the water and sewer operations.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 9 - Rate Proceedings › Rule 39-1-9 › Section 39-1-9-109 - Calculations of Percentage Revenue Increase

Current through June 25, 2024
In determining whether or not a proposed rate increase is a
					 major change as defined in Miss. Code Ann. §
										77-3-37(8),
					 "annual revenues" shall be defined as the projected total annual gross revenues
					 from jurisdictional billings during the twelve (12) months following the
					 proposed effective date without giving effect to the proposed
					 increase.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 9 - Rate Proceedings › Rule 39-1-9 › Section 39-1-9-111 - Suspension Order

Current through June 25, 2024
An order suspending operation of any proposed rate or rates
					 pursuant to Miss. Code Ann §
										77-3-39(2)
					 shall not operate to require subsequent public hearing on the proposed rates
					 unless such hearing is required under the Act or these rules.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 9 - Rate Proceedings › Rule 39-1-9 › Section 39-1-9-112 - Effective Date of Increases

Current through June 25, 2024
Unless otherwise specifically ordered, a rate increase or
					 change approved by the Commission shall not become effective until compliance
					 tariffs have been filed with the Commission, and approved by order of the
					 Commission. Provided however, this rule shall not apply to any change where, by
					 Commission order or by operation of law, the change in rates is approved as
					 filed.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 10 - Miscellaneous Application Proceedings › Rule 39-1-10 › Section 39-1-10-100 - Definition

Current through June 25, 2024
A miscellaneous application filing is a proceeding, other
					 than a certificate proceeding, a transfer proceeding, a proceeding seeking to
					 change, modify, alter, or establish rates, a complaint proceeding or a request
					 for a declaratory opinion in which the authority of the Commission to perform
					 some act is requested. All proceedings to change, modify, alter or increase
					 existing rates or for the establishment of initial rates shall be filed under
					 the provisions of RP 9. Proceedings to obtain certificates shall be filed under
					 the provisions of RP 7.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 10 - Miscellaneous Application Proceedings › Rule 39-1-10 › Section 39-1-10-101 - Contents of Application

Current through June 25, 2024
All applications shall be in writing and shall be in
					 compliance with the requirements of RP 6. The application shall set
					 forth:
1. The full name, mailing
				  address and e-mail address of the applicant, and, if the applicant is a
				  corporation, its status as such;
2.
				  A clear and concise statement of the facts upon which the application is
				  based;
3. All direct testimony to
				  be relied upon at the hearing;
4.
				  Citations to the provisions of law relied upon; and
5. A request for the order, authorization or
				  permission desired.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 10 - Miscellaneous Application Proceedings › Rule 39-1-10 › Section 39-1-10-102 - Notice Requirement

Current through June 25, 2024
The applicant shall provide notice in accordance with RP 6
					 herein of its filing upon all interested persons, as defined
					 herein.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 10 - Miscellaneous Application Proceedings › Rule 39-1-10 › Section 39-1-10-103 - Disposition

Current through June 25, 2024
The Commission shall conduct a hearing where such is
					 necessary to the public interest or for the protection of substantial rights.
					 Otherwise, the Commission will decide the matter based upon a paper record. The
					 Commission may request briefs on the issue presented.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 11 - Complaint Proceedings › Rule 39-1-11 › Section 39-1-11-100 - Informal Complaints

Current through June 25, 2024
1.
Authorized
Informal complaints may be made by letter or other writing
					 addressed to the Commission. If, in the discretion of the Commission, such a
					 complaint warrants it, the matter presented will be taken up with the utility
					 involved in an effort to bring about satisfaction of the complaint without a
					 formal hearing.
2.
Form
No specific requirement is made as to the form of an
					 informal complaint, but in substance the letter or other writing should contain
					 the names and addresses of the complainant and the person complained of, a
					 clear and concise statement of the facts involved, and a statement of the
					 relief requested.
3.
Remedy Not Exclusive
The informal complaint has been found to be effective in
					 many cases and is recommended. However, in the event of failure to bring about
					 satisfaction of the complaint because of the inability of the parties to agree
					 as to the facts involved, or from other causes, the proceeding is held to be
					 without prejudice to complainant's right to file and prosecute a formal
					 complaint, whereupon the informal proceedings will be
					 discontinued.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 11 - Complaint Proceedings › Rule 39-1-11 › Section 39-1-11-102 - Remedies are Cumulative

Current through June 25, 2024
The provisions and remedies of this rule governing formal
					 and informal complaints are supplemental to and cumulative of those remedies
					 afforded under the Act, including but not limited to the remedies provided in
					 Miss. Code Ann. §
										77-3-11(5)
					 and §
										77-3-21.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 11 - Complaint Proceedings › Rule 39-1-11 › Section 39-1-11-103 - Dismissals

Current through June 25, 2024
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.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 12 - Motion Practice › Rule 39-1-12 › Section 39-1-12-100 - Allowed

Current through June 25, 2024
1.
Form
After a proceeding has been initiated by petition or
					 otherwise, any request for action by the Commission for an order shall be by
					 motion which, unless made during a hearing or at docket review, shall be made
					 in writing filed with the Commission pursuant to RP 6, shall state with
					 particularity the grounds therefore, the legal authority and argument in
					 support thereof and shall set forth the relief or order sought.
2.
When Opposition Must Be
				  Filed
Other parties to the proceedings desiring to oppose any
					 written motion shall file a response thereto within seven (7) days of the date
					 the motion is served pursuant to RP 6. Provided, however, that the Commission,
					 upon good cause shown, may require expedited responses to any
					 motion.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 12 - Motion Practice › Rule 39-1-12 › Section 39-1-12-101 - Notice of

Current through June 25, 2024
Notice of written motion and response thereto shall be
					 provided by a party to all other parties and to the Executive Director by copy
					 of said motion or response to motion pursuant to RP 6 and with Certificate of
					 Service attached.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 12 - Motion Practice › Rule 39-1-12 › Section 39-1-12-102 - Grant or Denial of Motion

Current through June 25, 2024
1.
When
				  Hearing Not Required
To expedite its business, the Commission, in its
					 discretion, may determine motions not seeking a final order in the case and
					 procedural motions without oral argument and hearing. The Commission may
					 require briefs or written statements of reasons in support and in opposition
					 thereto and make its determination accordingly.
2.
When Hearing Ordered
Dispositive motions or motions seeking a final order in the
					 case shall be the subject of a hearing if the Commission so orders, upon
					 reasonable notice to all parties. The Commission may enter an order of
					 dismissal without a hearing, if in its opinion, a hearing is not necessary in
					 the public interest or for the protection of substantial rights.
3.
Disposal of by Executive
				  Secretary
When unopposed and in the discretion of the Commission, the
					 Executive Secretary of the Commission may enter orders on procedural matters
					 reflecting the ruling of the Commission.
4.
Submission of Briefs
The Commission may request the filing of briefs which shall
					 contain a statement of the issues, position of the parties and authorities upon
					 which each of the parties rely.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 13 - Prehearing Conferences › Rule 39-1-13 › Section 39-1-13-100 - When Held

Current through June 25, 2024
Prehearing conferences in rate cases are governed by Miss.
					 Code Ann. §
										77-3-39
					 and this rule. In all other cases, prehearing conferences are held pursuant to
					 Commission order and are governed by Commission order and this
					 rule.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 13 - Prehearing Conferences › Rule 39-1-13 › Section 39-1-13-101 - Notice of

Current through June 25, 2024
A copy of the order setting a prehearing conference shall
					 be served on all parties or their attorneys, where applicable, pursuant to RP
					 6.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 13 - Prehearing Conferences › Rule 39-1-13 › Section 39-1-13-102 - Procedures for Conducting Prehearing Conferences

Current through June 25, 2024
Prehearing conferences shall be conducted in an informal
					 manner so as to facilitate and promote agreement of all parties. Prehearing
					 conferences may be recessed and reconvened at the discretion of the chair upon
					 reasonable notice, actual or constructive, to all parties
					 involved.