Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 25 - Return on Purchased Power Capacity › Rule 39-1-25 › Section 39-1-25-100 - Procedure

Current through June 25, 2024
1.
Report by Utility
Miss. Code
				  Ann. §
										77-3-91
				  through
				  77-3-95,
				  allow a utility to include as an expense item in its revenue requirements for
				  the purpose of calculating its rates for retail service an amount representing
				  a return on the cost of capacity purchased from a non-utility generator or some
				  nonassociated source for a period in excess of thirty (30) days. Before the
				  utility may receive this return on the cost of capacity purchased, the utility
				  shall report the purchase to the Commission and the Staff. The report shall
				  provide the information outlined in Appendix E and shall be filed with the
				  Commission pursuant to RP 6. The utility shall provide copies of the report to
				  those third persons who have requested copies of the same and who are on a list
				  maintained for that purpose by the Executive Secretary of the Commission as of
				  the date the utility filed the report. The utility shall certify to the
				  Commission its compliance with this rule.
2.
Confidential Information
Should the utility assert that any portion of the report,
					 or any document in support thereof, contains trade secrets or confidential
					 commercial or financial information, the utility shall separately file such
					 information with the Commission and Staff as provided by the rules herein.
					 Copies of the trade secrets and/or confidential information shall not be
					 provided to any third person or party requesting the same, except pursuant to
					 applicable rule herein and according to applicable law.
3.
Response by Third Persons
Any third person desiring to comment on the utility's
					 filing to earn a return shall file such comments within twenty (20) days after
					 the utility files its report. Any third person desiring a hearing shall file a
					 written petition pursuant to Miss. Code Ann. §
											77-3-95(2)
					 within twenty (20) days after the utility files its report. All comments and
					 petitions for hearing shall include all supporting documentation, and all
					 petitions shall also include proposed testimony and exhibits. Any person filing
					 comments or a written petition shall specifically identify the issue or issues
					 to which the comments and petition are addressed. A petition for a hearing
					 shall also state specifically why a hearing is needed and why the issues cannot
					 be adequately addressed by the Commission on written submittals. Copies of the
					 comments, written petitions, and all supporting documentation shall be filed
					 and served on the Staff, the utility, and all other parties of record in the
					 proceeding in accordance with RP 6. For the purposes of this rule, a "party of
					 record" means a third person which files comments or a petition pursuant to
					 this paragraph.
4.
Response by Utility
Following the filing of the comments and/or petitions of
					 third persons, the utility may file its response to the specific issues raised,
					 which shall include comments and supporting documentation, and may include
					 proposed testimony and exhibits. The utility shall file its response with the
					 Commission and serve copies on the Staff and all other parties of
					 record.
5.
Review by
				  Staff
Upon the filing of the utility's report, comments,
					 petitions, the utility's response, and supporting documentation, the Staff
					 shall review the information submitted by the utility and all third persons and
					 shall investigate the purchase to determine: (a) Whether the purchase is in the
					 best interest of the utility and its retail customers; (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 its retail
					 customers.
The Staff shall report the results of its investigation to
					 the Commission in writing. A copy of the Staff report shall be provided to the
					 utility and all parties of record.
6.
Action by Commission
Within thirty (30) days after the utility files its report
					 pursuant to paragraph (1) of this section, if the Commission determines that
					 further proceedings are necessary, or that additional time is needed for the
					 Staff to make its report, it shall suspend the filing for a period not to
					 exceed one hundred and twenty (120) days from the date the utility files its
					 report, and conduct further proceedings as it deems necessary pursuant to Miss.
					 Code Ann. §
											77-3-95(3).
					 Otherwise the return requested shall become effective on the date requested in
					 the report and the Commission shall enter a final order authorizing the utility
					 to include the requested return in the calculation of its retail
					 rates.