reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 13 - Prehearing Conferences › Rule 39-1-13 › Section 39-1-13-103 - Stipulations

Current through June 25, 2024
1.
Commission Policy
In order to encourage agreement, settlements and
					 stipulations between the parties at the prehearing conference and in order to
					 expedite Commission proceedings, it is a policy of the Commission that if any
					 agreement provides, by its terms, that any provisions thereof are nonseverable,
					 such provisions shall only be adopted in their entirety, if at all, by the
					 Commission.
2.
Failure to Stipulate
Parties failing to stipulate to matters agreed upon by the
					 filing utility and the Staff may, in the Commission's discretion, be afforded
					 an opportunity to cross-examine and to submit written briefs, documentation or
					 additional prefiled testimony in opposition to the stipulation or in support of
					 unresolved factual or legal questions.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 13 - Prehearing Conferences › Rule 39-1-13 › Section 39-1-13-104 - Duties of the Parties

Current through June 25, 2024
1.
Representative Authority
It shall be the duty of all parties to have present at the
					 prehearing conference a representative or attorney who is authorized to enter
					 into stipulations and agreements on behalf of such party. Any person appearing
					 at a prehearing conference in a representative capacity must be authorized to
					 act on behalf of that person's principal with respect to matters to be
					 addressed at the conference.
2.
Cooperation
In order that the Commission's business may be facilitated,
					 delay avoided and expenses reduced, it shall be the duty of all parties and all
					 attorneys to cooperate in the administration of the prehearing
					 procedure.
3.
Failure to comply
If any party fails to attend the prehearing conference
					 after written notice, such failure shall constitute a waiver by said party of
					 all objections to any order or ruling or stipulation arising out of such
					 conference.
4.
Expert Witnesses
To facilitate stipulations and agreements, each party is
					 encouraged, but not required, to have present or available for consultation
					 during the conference, appropriate experts or consultants, if any, that are
					 employed by such party.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 14 - Request for Comments › Rule 39-1-14 › Section 39-1-14-100 - When Required

Current through June 25, 2024
As a prerequisite to Commission consideration of any
					 request concerning rates, certificates or filings made by any party,
					 certificate holder or complainant, the parties to such matter may be required
					 to file with the Commission written briefs or comments on the proposed
					 regulatory action.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 14 - Request for Comments › Rule 39-1-14 › Section 39-1-14-101 - Contents

Current through June 25, 2024
Such briefs or comments shall include:
1. A statement of the issues.
2. A statement of the action
				  proposed.
3. The party's position
				  regarding the proposed action.
4.
				  The apparent position of other parties regarding the proposed action.
5. All relevant facts established or proposed
				  to be established by the party.
6.
				  All relevant precedent, statutes, caselaw, regulations or regulatory
				  policy.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 14 - Request for Comments › Rule 39-1-14 › Section 39-1-14-102 - Time For

Current through June 25, 2024
Unless noticed otherwise in the notice to file written
					 briefs or comments, the party or parties proposing the regulatory action or
					 requesting relief shall file comments on or before twenty (20) days from the
					 date of the notice. Other parties shall file within thirty (30) days of the
					 notice. Any reply shall be filed within forty (40) days of the
					 notice.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 14 - Request for Comments › Rule 39-1-14 › Section 39-1-14-103 - Failure to Comment

Current through June 25, 2024
A party required to comment or file a brief under this rule
					 and who fails to do so shall not be heard to complain of the action
					 taken.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 15 - Public Proceedings › Rule 39-1-15 › Section 39-1-15-100 - Notice to Public/Place of Publication

Current through June 25, 2024
Notice to the public of Commission hearings when required
					 shall be given in accordance with Miss. Code Ann. §
										77-3-47 or
					 other applicable provisions of the Act. Notice of proposed rule adoption shall
					 also be furnished pursuant to Miss. Code Ann. §
										25-43-1.101
					 et seq., 25-43-2.101 et seq; and 25-43-3.101 et seq.
1.
Contents of Notice of
				  Hearing
The notice shall specify the docket or identifying number
					 of the proceeding, contain a brief description of the nature of the
					 proceedings, the name and address of the public records officer and shall, in
					 addition, contain:
a. A statement of
				  the date, time and place of any public hearing proposed; and/or
b. A statement of the date by which
				  objections, interventions, protests or comments must be filed in order to be
				  considered by the Commission.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 15 - Public Proceedings › Rule 39-1-15 › Section 39-1-15-101 - Public Hearings

Current through June 25, 2024
1.
Open to
				  the Public
All hearings conducted by the Commission are open to the
					 public and hearings conducted in the Commission's Courtroom, may be viewed on
					 the Internet through the Commission's website. Provided however, that the
					 Commission may close the hearing in order to protect any trade secrets,
					 confidential information or other matters exempt from public disclosure, and
					 during such closed hearings the Internet broadcast will be stopped.
2.
When Held
The Commission shall hold full or abbreviated public
					 hearings in all matters where:
a.
				  Public hearing is required by law or Commission regulation.
b. In the discretion of the Commission, it is
				  necessary or appropriate to hold such public hearings.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 15 - Public Proceedings › Rule 39-1-15 › Section 39-1-15-102 - Investigations

Current through June 25, 2024
1.
Commission Investigations
The Commission may, at any time, on its own motion or the
					 motion of the Staff make investigation and order hearings into any act or thing
					 done or omitted to be done by any public utility, which the Commission may
					 believe is in violation of any provision of law or any order or rule of the
					 Commission. It may also through its own experts or employees, or otherwise,
					 obtain and introduce such evidence as it may consider necessary or desirable in
					 any formal proceeding in addition to the evidence presented by other parties.
					 Orders and pleadings initiating investigations shall specify the matters to be
					 investigated, and shall be served upon the person being investigated.
2.
Show Cause Orders in
				  Complaint Proceeding
The Commission, either upon its own motion or upon receipt
					 of written complaint, may at any time after appropriate notice has been given,
					 summon any person within the Commission's jurisdiction to appear in a public
					 hearing and show cause why such person should not be compelled to comply with
					 any applicable statute, rule, regulation, or order with which the person is
					 allegedly not in compliance.
3.
Continuance of Service
In any case in which an investigation has been instituted
					 herein or where formal complaint has been filed and an allegation is made that
					 a utility or other person is threatening to discontinue a customer's service,
					 the Commission may, after notice and opportunity for hearing, issue an order
					 requiring the utility or other person to continue to provide service during the
					 processing of the complaint. The Commission may issue such an order for good
					 cause, on such terms as may be reasonable to preserve the rights of the parties
					 during the processing of the complaint.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 15 - Public Proceedings › Rule 39-1-15 › Section 39-1-15-104 - Burden of Proof

Current through June 25, 2024
The burden of proof shall be carried by the parties in like
					 manner as is required in the courts of record in the state.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 15 - Public Proceedings › Rule 39-1-15 › Section 39-1-15-105 - Stipulations

Current through June 25, 2024
By stipulation in writing, or dictated into the record, the
					 parties to any proceeding or investigation by the Commission may agree upon the
					 issues or any portion of the issues involved in the controversy, which
					 stipulation shall be regarded and used in evidence at the hearing. Parties are
					 requested to agree upon the issues whenever practicable.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 15 - Public Proceedings › Rule 39-1-15 › Section 39-1-15-106 - Order of Procedure

Current through June 25, 2024
1.
Opening
				  the Evidentiary Hearing
The Commission may open the hearing by making a concise
					 statement of its scope and purposes and by taking appearances of each party or
					 the party's authorized representative.
2.
Order of Procedure in Evidentiary
				  Hearings
a. The party with the burden
				  of proof on the whole proceeding shall be entitled to open and to close.
				  Parties may be allowed to make opening statements. Following opening
				  statements, if any, the party with the burden of proof shall be allowed to
				  proceed with its direct case. Opposing parties shall be allowed to
				  cross-examination each witness, consistent with any order aligning parties.
				  Each party shall then present its case and witnesses will be subjected to
				  cross-examination. Unless otherwise ordered by the Commission for good cause,
				  the Staff shall be the last party to present a direct case and the last party
				  to cross examine witnesses.
b.
				  Redirect will be limited to matters raised in the round of examination
				  immediately preceding the redirect. The Commission may allow recross
				  examination.
c. The party with the
				  burden of proof may rebut evidence presented by opposing parties after all
				  parties have presented their direct cases. Rebuttal may be afforded other
				  parties at the Commission's discretion, provided that the party with the burden
				  of proof shall be entitled to make the closing presentation.
d. After parties have completed the
				  presentation of evidence, and have been afforded the opportunity to
				  cross-examine the other parties' witnesses, closing statements may be
				  allowed.
e. The Commission may
				  question any witness testifying in a case.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 15 - Public Proceedings › Rule 39-1-15 › Section 39-1-15-107 - Testimony under Oath

Current through June 25, 2024
All testimony presented in formal hearings will be given
					 under oath. Before testifying each witness must swear or affirm that the
					 testimony the witness will give before the Commission is the truth, the whole
					 truth, and nothing but the truth.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 15 - Public Proceedings › Rule 39-1-15 › Section 39-1-15-108 - Parties and Persons with Similar Interests

Current through June 25, 2024
If two or more parties or persons have substantially like
					 interests or positions, to expedite the proceeding and avoid duplication, the
					 Commission may limit the number of them who testify, examine witnesses, or make
					 and argue motions and objections.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 15 - Public Proceedings › Rule 39-1-15 › Section 39-1-15-109 - Statements of Position

Current through June 25, 2024
Except as provided by Miss. Code Ann. §
										77-3-39(3)-(8),
					 addressing prehearing conferences and filings required before the hearing, the
					 Commission may request, by order, that the parties furnish a statement of
					 position no later than three (3) working days before the start of a hearing.
					 Unless otherwise provided by order of the Commission, the statement of position
					 shall contain (i) a concise statement of the party's position in the
					 proceeding; (ii) a concise statement of each question of fact, law or policy
					 the party considers at issue; and (iii) a concise statement of the party's
					 position on each issue identified.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 15 - Public Proceedings › Rule 39-1-15 › Section 39-1-15-110 - Final Orders

Current through June 25, 2024
All final orders of the Commission are indexed by name and
					 subject and are available for public inspection on the Commission's website or
					 at the Commission's office in Jackson, Mississippi.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 15 - Public Proceedings › Rule 39-1-15 › Section 39-1-15-112 - Oral Argument

Current through June 25, 2024
The Commission may in its discretion, set and hear oral
					 argument on any matter before it on reasonable notice according to the
					 circumstances. Generally, only one attorney will be heard for each of the
					 parties during a proceeding. The time for oral argument will be determined by
					 the Commission in each case.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 15 - Public Proceedings › Rule 39-1-15 › Section 39-1-15-113 - Briefs Proposed - Orders of the Parties - Statements of Position

Current through June 25, 2024
In any proceeding, the Commission may order, and the Staff
					 or any party may move that parties file briefs, memoranda, or proposed orders
					 of the parties or statements of position. Except as provided in RP 14.102 the
					 Commission will determine in each case the time within which any briefs may be
					 filed. Untimely submitted briefs will not be considered except for good cause
					 shown. Requests for extensions of time for the filing of briefs shall only be
					 granted in cases of unusual merit. Such requests shall be submitted to the
					 Chairman of the Commission.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 15 - Public Proceedings › Rule 39-1-15 › Section 39-1-15-114 - The Hearing Record

Current through June 25, 2024
The hearing record in a proceeding consists of all
					 transcripts of hearings, conferences, arguments and other proceedings on the
					 record and of all exhibits admitted as part of the record at the hearing.
					 Answers to discovery and other documents filed with the Executive Secretary and
					 served on the parties, whether or not discussed at hearing, are not part of the
					 hearing record unless introduced as exhibits at hearing.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 15 - Public Proceedings › Rule 39-1-15 › Section 39-1-15-115 - The Commission's Record

Current through June 25, 2024
The Commission's record in a proceeding automatically
					 includes all filed pleadings, prefiled testimony, exhibits, orders, notices,
					 briefs, proposed orders and position papers. The Commission may add documents
					 officially noticed to the Commission's record.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 15 - Public Proceedings › Rule 39-1-15 › Section 39-1-15-116 - The Court Reporter(s)

Current through June 25, 2024
1.
Transcription of Record
The reporter(s) at all hearings, conferences, arguments and
					 other proceedings on the record records oral proceedings and collects all
					 exhibits identified at hearing. Upon request, the record may be
					 transcribed.
2.
Number of Copies
When a proceeding has been transcribed, the reporter(s)
					 shall prepare an original and one (1) copy of the transcript for the Commission
					 and two (2) copies for the Staff.
3.
Sealed Transcripts
At the direction of the Commission or the presiding
					 officer, the reporter(s) shall prepare a separate transcript volume(s) of
					 closed proceedings involving trade secrets, confidential information or other
					 matters exempt from public disclosure. The reporter(s) shall file the separate
					 transcript volume(s) under seal. Sealed transcripts shall be separately stored
					 in a secure location with limited access and safeguarded from unauthorized
					 disclosure.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 15 - Public Proceedings › Rule 39-1-15 › Section 39-1-15-117 - Failure to Appear at Hearing - Defaults

Current through June 25, 2024
After an applicant's, petitioner's, complainant's or moving
					 party's failure to appear at the time and place set for hearing, the Commission
					 may dismiss the petition, application, complaint or motion. When a respondent
					 that has been properly served fails to answer or appear at hearing, the
					 Commission may order any relief against the respondent authorized by
					 law.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 15 - Public Proceedings › Rule 39-1-15 › Section 39-1-15-118 - Procedures Following Final Orders

Current through June 25, 2024
1.
Rehearing
Proceedings on rehearings shall be governed by the
					 provisions of Miss. Code Ann. §
											77-3-65.
2.
Appeals of Final
				  Orders
Appeals of Commission Final Orders may be taken pursuant to
					 Miss. Code Ann. §
											77-3-67
					 and
					 77-3-72.
3.
Stay of Orders Pending
				  Appeal
The pendency of proceedings to review shall not of itself
					 stay or suspend the operation of the order of the Commission. However, a party
					 may seek an order staying the operation of the order of the Commission pursuant
					 to Miss. Code Ann. §
											77-3-69.
4.
Service of Final
				  Orders
The Executive Secretary must indicate on every order the
					 date upon which the order was served on the party or representative of the
					 party.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 16 - Accounts, Records and Reports › Rule 39-1-16 › Section 39-1-16-100 - Systems of Accounts

Current through June 25, 2024
Each utility shall establish and maintain a system of
					 accounts in accordance with the orders of this Commission. From and after
					 August 1, 1988:
1. All certificated
				  providers of local exchange telecommunication services shall maintain their
				  accounts in accordance with the Uniform System of Accounts prescribed by the
				  Federal Communications Commission.
2. All certificated providers of gas and
				  electric service shall maintain their accounts in accordance with the Uniform
				  System of Accounts prescribed by the Federal Energy Regulatory Commission;
				  provided, in the case of any utility that is required to keep a system of
				  accounts prescribed by the Tennessee Valley Authority or the Rural
				  Electrification Administration, such system of accounts shall be deemed
				  sufficient compliance with the system prescribed by the Commission.
3. All certificated providers of water or
				  sewer services shall maintain their accounts in accordance with the
				  requirements of the Uniform System of Accounts prescribed by the National
				  Association of Regulatory Utility Commissioners.
This rule shall not be interpreted so as to prevent the
					 Commission from requiring additional or supplemental accounting in addition to
					 that provided for above where such do not conflict with those prescribed by the
					 applicable federal regulatory agency.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 16 - Accounts, Records and Reports › Rule 39-1-16 › Section 39-1-16-101 - Filing of Annual Reports

Current through June 25, 2024
1.
Deadline
Every regulated utility shall file on or before May 1st of
					 each year an annual report on the published form of the Commission or a form
					 approved by the Commission. The annual report form is accessible on the
					 Commission's website or by contacting the Executive Secretary of the
					 Commission. All annual reports are available for public inspection and copying
					 except for information contained therein which is confidential or otherwise
					 exempt from public disclosure pursuant to applicable law.
Utilities making reports to any federal agency may file a
					 copy of such report in lieu of the report herein required if such report
					 contains generally the same information required by the Commission. Such
					 reports shall be filed not later than the date required by the federal
					 agency.
2.
Failing
				  to Timely File
Failure to timely file the required annual report may
					 result in appropriate sanctions imposed by the Commission.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 17 - Fuel Adjustment Clauses or Riders › Rule 39-1-17 › Section 39-1-17-100 - Recovery of Cost

Current through June 25, 2024
Electric utilities shall be permitted to recover the
					 ultimate cost of fuel burned or consumed in electric generating facilities,
					 together with the cost of purchased energy through the filing of fuel
					 adjustment clauses or riders to its schedules of rates and
					 charges.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 17 - Fuel Adjustment Clauses or Riders › Rule 39-1-17 › Section 39-1-17-101 - Allowable Cost

Current through June 25, 2024
The cost of fuel allowable for inclusion in a fuel
					 adjustment clause or rider shall be the prudent cost of fossil and nuclear fuel
					 consumed in the utility's own plants and the utility's share of fossil and
					 nuclear fuel consumed in jointly owned or leased plants.
1.
Non-Nuclear Fuel
a.
Fossil FuelDirect Costs
The allowable direct cost of fossil fuel other than nuclear
					 fuel shall include those items which are properly includable in FERC account
					 151, 501 and 547 including the following:
i Invoice price of fuel less any cash or other
					 discounts.
ii Freight, switching, demurrage and other transportation
					 charges, not including, however, any charges for unloading from the shipping
					 medium.
iii Excise taxes, purchasing agent's Ccommission, insurance
					 and other expenses directly assignable to cost of fuel.
iv Operating, maintenance and depreciation expenses and ad
					 valorem taxes on utility-owned transportation equipment used to transport fuel
					 from the point of acquisition to the unloading point.
v Lease or rental costs of transportation equipment used to
					 transport fuel from the point of acquisition to the unloading point.
b.
Fuel Handling
				  Costs
In addition theretoto the direct costs properly includable
					 in FERC account 151, fuel cost may include direct costs associated with burning
					 the fuel at the generating plant such as fuel handling expenses and the cost
					 sampling and analysis. Fuel handling expenses may include the costs for
					 unloading from the shipping medium, which are not permitted to be included in
					 FERC account 151. Fuel handling costs include those items properly chargeable
					 to FERC accounts 152, 501, and 547 except for the costs associated with hedging
					 activities which are not allowed to be recovered through the fuel
					 clause.
c.
Emission
				  Costs
The actual costs of SO2 and
					 NOX emission allowances, required by Federal or State
					 environmental regulations and consumed as a result of the generation of
					 electricity by utility owned generation plants are includable for recovery
					 through the fuel adjustment clause.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 17 - Fuel Adjustment Clauses or Riders › Rule 39-1-17 › Section 39-1-17-102 - Purchased Energy

Current through June 25, 2024
The allowable cost of purchased energy shall include the
					 following costs, if prudently incurred, which are appropriately recorded in
					 FERC account 555 (excluding all capacity or demand related charges):
1. The actual identifiable fossil and nuclear
				  fuel costs associated with energy purchased for reasons other than identified
				  in paragraph (2) below.
2. The net
				  energy cost of energy purchased exclusive of capacity or demand charges
				  (irrespective of the designation assigned to such transaction) when such energy
				  is purchased on economic dispatch basis. Included therein may be such costs as
				  the charges for economy energy purchased and the charges as a result of
				  scheduled outages, all such kinds of energy being purchased by the buyer to
				  substitute for its own higher cost energy.
3. All costs, net of costs associated with
				  interconnection or otherwise recovered from a qualifying facility, incurred by
				  an electric utility for purchases of power and/or energy from a qualifying
				  facility pursuant to a standard rate for purchase or other legally enforceable
				  obligations as provided in the rules of the Commission governing cogeneration
				  and small power production, and less.
4. The Less the cost of fossil and nuclear
				  fuel recovered through inter-system sales including the fuel costs related to
				  economy energy sales and other energy sold on an economic dispatch
				  basis.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 17 - Fuel Adjustment Clauses or Riders › Rule 39-1-17 › Section 39-1-17-103 - Other Allowable Costs

Current through June 25, 2024
1. Independent fuel
				  auditing and consulting performed at the direction of the Commission or the
				  Staff, which have been approved by the Commission and which have not otherwise
				  been provided for in base rates.
2.
				  Costs currently allowable by FERC in wholesale fuel adjustment clauses as
				  described in
				  18 CFR
				  35.14
3. Operating and maintenance expenses on
				  leased transportation equipment used to transport fuel from the point of
				  acquisition to the unloading point.
4. Other direct or indirect costs
				  specifically allowed by the Commission.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 17 - Fuel Adjustment Clauses or Riders › Rule 39-1-17 › Section 39-1-17-104 - Excludable Cost

Current through June 25, 2024
This section 104 shall only apply Wwhenever an electric
					 utility purchases fuel for generation from a corporation or company which is
					 owned in whole or in part by the electric utility or its parent company, and
					 that was formed for the purpose of buying fuel for resale to affiliates. If
					 this section applies, the following items of cost, heretofore properly included
					 in fuel adjustment calculations, are ineligible after July 1, 1978, for
					 inclusion in its fuel adjustment clause or rider, even though such items of
					 cost may be included in the invoice price paid for such fuel:
1. Interest costs of financing fuel
				  inventories.
2. Interest in
				  investment and storage facilities.
3. Storage, operating and maintenance
				  expenses (including depreciation; insurance; rentals; repairs and maintenance;
				  and taxes).
4. Fuel handling
				  expenses (loading and unloading) except as described in paragraph B(1)
				  above.
5. Administrative and
				  general: (Salaries; welfare; expenses of officers and employees; franchise tax;
				  office overhead).
6. Miscellaneous
				  expenses (including outside services; insurance on inventory; and
				  other).
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 17 - Fuel Adjustment Clauses or Riders › Rule 39-1-17 › Section 39-1-17-105 - Total Energy Cost

Current through June 25, 2024
When application is made by an electric utility proposing
					 to change its schedules of rates and charges and include therein a fuel
					 adjustment clause or rider, the portion of its total energy cost, including
					 costs of fuel and purchased energy, not recovered through its fuel adjustment
					 clause or rider, may be included for recovery in its base rates for electric
					 service.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 18 - Purchased Gas Adjustment Provision › Rule 39-1-18 › Section 39-1-18-100 - Allowable Costs

Current through June 25, 2024
The specified costs which a public utility distributing gas
					 shall be allowed to recover in its purchased gas adjustment clause (PGA) for
					 retail billings include:
1. Any
				  increase or decrease in the cost of gas per unit sold (including but not
				  limited to applicable transportation charges and BTU adjustments) over or under
				  the cost of gas recovered per unit sold under the rate schedules to which such
				  PGA shall apply.
2. Adjustments for
				  municipal franchise tax (gross receipts tax) and other tax adjustments
				  resulting from or arising in connection with any increase or decrease in the
				  utility's cost of gas.
3. Such
				  other costs as may be approved by the Commission. Purchased gas adjustment
				  clauses heretofore approved by the Commission may be continued in full force
				  and effect subject to the provisions of the Act.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 19 - Fuel Procurement and Use › Rule 39-1-19 › Section 39-1-19-101

Current through June 25, 2024
In procuring and using fuel in the generation of
					 electricity, the utility shall procure such fuel at the lowest and best price
					 available after giving effect to the reliability and ability of the supplier to
					 furnish fuel in adequate quantities and fuel of a quality adequate to meet
					 boiler specifications and environmental requirements over the life of the plant
					 and the adequacy of transportation facilities needed to assure delivery of fuel
					 to the plant site on schedule needed to meet the fuel requirements of efficient
					 and reliable operation of generating plants.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 19 - Fuel Procurement and Use › Rule 39-1-19 › Section 39-1-19-102 - Assessment by Public Utilities Staff

Current through June 25, 2024
The Staff shall annually review the processes and
					 procedures implemented by electric utilities for the procurement of fuel and
					 purchased energy in order to make an assessment of the effectiveness of such
					 processes and procedures in achieving the standards described in Section 100
					 above. The Staff shall perform such steps as it deems necessary in the
					 circumstances to make the determination.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 20 - Advertising Expenses › Rule 39-1-20 › Section 39-1-20-100 - General

Current through June 25, 2024
For the purpose of this rule "advertising" means the
					 commercial use, by a public utility, of any media, including newspaper, printed
					 matter, radio, television, telephone, telecopier, etc., in order to transmit a
					 message to a substantial number of members of the public or of such utility's
					 customers.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 20 - Advertising Expenses › Rule 39-1-20 › Section 39-1-20-101 - Political Advertising

Current through June 25, 2024
No public utility, excepting utilities excluded from rate
					 regulation pursuant to Miss. Code Ann. §
										77-3-5,
					 shall be permitted to recover from its ratepayers any direct or indirect
					 expenditure made by such utility for political advertising as defined herein.
					 For the purposes of this paragraph, "political advertising" means any
					 advertising for the purpose of influencing public opinion with respect to
					 legislative, administrative or electoral matters, or with respect to any
					 controversial issue of public importance.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 20 - Advertising Expenses › Rule 39-1-20 › Section 39-1-20-102 - Promotional Advertising

Current through June 25, 2024
Except to the extent authorized by these rules or other
					 orders of this Commission, no utility, excepting utilities excluded from rate
					 regulation pursuant to Miss. Code Ann. §
										77-3-5,
					 shall be permitted to recover from its ratepayers any direct or indirect
					 expense for promotional or institutional advertising. For the purpose of this
					 rule "promotional advertising" means any advertising for the purpose of
					 encouraging any person to select or use the service or additional service of
					 any utility or the selection or installation of any appliance or equipment
					 designed to use such utility's service; and "institutional advertising" means
					 any advertising for the purpose of promoting the general image of a public
					 utility in the community.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 20 - Advertising Expenses › Rule 39-1-20 › Section 39-1-20-103 - Associated Costs

Current through June 25, 2024
The reasonable cost of the following types of promotional
					 and institutional advertising may be recovered as part of the cost of
					 service:
1. Advertising to acquaint the
				  public with new services and advertising designed to assist customers in making
				  efficient and economical use of existing services.
2. Advertising intended to promote
				  conservation of energy.
3.
				  Advertising required by law or regulation.
4. Advertising regarding service
				  interruptions, safety measures or emergency conditions.
5. Advertising concerning employment
				  opportunities with such utility.
6.
				  Any advertising which has been specifically reviewed and approved by the
				  Commission prior to its release.
The utility shall have the burden of establishing the
					 reasonableness of the amount sought to be allowed for advertising expenses and
					 the prudency of the advertisement programs.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 21 - Rate Base, Operating Expenses and Rate of Return › Rule 39-1-21 › Section 39-1-21-100 - General

Current through June 25, 2024
In regulating the rates of any public utility subject to
					 the provisions of this rule, the Commission shall, on hearing after reasonable
					 notice, ascertain and fix the rate base of the property of the public utility
					 in such a manner as to be fair both to the public utility and to the consumer,
					 when the same is relevant or material to the exercise of the jurisdiction of
					 the Commission. The Commission shall make readjustments from time to time, and
					 ascertain the cost of all new construction, extensions and additions to the
					 property of every public utility.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 21 - Rate Base, Operating Expenses and Rate of Return › Rule 39-1-21 › Section 39-1-21-101 - Rate Base Considerations

Current through June 25, 2024
In arriving at such a rate base, the Commission shall give
					 due consideration to:
1. The reasonable
				  original costs of the property used and useful, or to be used and useful within
				  a reasonable time after the test period;
2. The portion of the cost which has been
				  consumed by previous use recovered by depreciation expense;
3. The allowance for funds used during
				  construction, not to exceed on borrowed funds the true net interest cost of
				  such funds, computed according to the actuarial method, and, on the equity
				  component thereof, a rate of return granted on common equity in the last rate
				  proceeding of the subject utility before the Commission, or if such rate has
				  not been established within the preceding thee (3) years, then the average rate
				  of return actually earned on equity during the preceding three (3) years. In
				  connection with such calculations, compliance with the rules of any federal
				  agency having jurisdiction over the subject utility may be deemed sufficient
				  compliance with this rule;
4. Any
				  other items proposed by the utility in a rate case; and
5. Other elements which are deemed by the
				  Commission to be material in determining the rate base for ratemaking
				  purposes.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 21 - Rate Base, Operating Expenses and Rate of Return › Rule 39-1-21 › Section 39-1-21-102 - Test Period

Current through June 25, 2024
The test period for measuring a public utility's rate base
					 may be the twelve (12) month period beginning with the proposed effective date
					 of the new rates set forth in the Notice of Intent.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 21 - Rate Base, Operating Expenses and Rate of Return › Rule 39-1-21 › Section 39-1-21-104 - Determination of a Fair Rate of Return

Current through June 25, 2024
The fair rate of return for a public utility may be arrived
					 at by considering a number of factors, and it cannot be determined by any
					 specific formula, except as provided for in Miss. Code Ann. §
										77-3-2.
					 However, the basic factors to be considered in arriving at the overall required
					 rate of return are (1) the cost of debt capital, (2) the cost of preferred
					 stock capital and (3) the cost of equity capital. The capital costs of a public
					 utility shall be determined based on evidence of the appropriate costs for the
					 utility's debt capital, preferred stock capital and equity capital. The overall
					 cost of capital may be determined as weighted average of the appropriate costs
					 of these various types of capital.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 22 - Charitable or Civic Contributions › Rule 39-1-22 › Section 39-1-22-100 - General

Current through June 25, 2024
1. Charitable or civic contributions shall
				  not be allowed as cost of service. The Commission finds that passing on a
				  public utility's charitable or civic contributions to ratepayers in the present
				  difficult economic environment would be unreasonable, unfair, imprudent and
				  contrary to the public interest. Allowing recovery of such contributions
				  through rates would not promote adequate, reliable and economical service to
				  all citizens and residents of the state and would contribute to rates that
				  would neither be just nor reasonable.
2. A public utility may offer a mechanism on
				  customer's bills that would allow the customer the opportunity to donate money,
				  voluntarily, to charitable or civic organizations on a month-by-month basis in
				  an amount determined by the customer.
3. All public utilities shall file an annual
				  report detailing the contributions collected through any voluntary mechanism
				  offered by the utility on the customer's bill and how such contributions were
				  expended.
Mississippi Code
					 Annotated §§
											77-3-2,
					 -33, -45, -79.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 23 - Discontinuance of Local Exchange Telecommunications Services Provided by Competitive Local Exchange Carriers › Rule 39-1-23 › Section 39-1-23-100 - Definitions

Current through June 25, 2024
1.
Bankruptcy Petition
The document that initiates a bankruptcy case under Title
					 11 of the United States Code ( 11 U.S.C. § 101 et seq.) and refers to
					 either Chapter 7 for liquidations or Chapter 11 for reorganization of the
					 debtor. The term includes both voluntary and involuntary
					 bankruptcy.
2.
Competitive Local Exchange Carrier or "CLEC"
A telecommunications services provider offering and/or
					 providing local telecommunications services.
3.
Discontinuance
A permanent cessation of telephone operations by a CLEC to
					 its customers or the termination of individual local exchange
					 telecommunications service offerings to its customers.
4.
Incumbent Local Exchange Carrier or
				  "ILEC"
A telecommunications service provider that meets the
					 definition set forth in47 U.S.C. §252(h).
5.
Resale
Occurs when a CLEC purchases telecommunications services on
					 a wholesale basis from the ILEC and resells those services to its
					 customers.
6.
Unbundled Network Element or "UNE"
Includes the various physical and functional elements of an
					 ILEC's network offered to CLECs on an unbundled basis as a requirement of the
					 Telecommunications Act of 1996 ( 47 U.S.C. §251(c)
					 (3)).
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 23 - Discontinuance of Local Exchange Telecommunications Services Provided by Competitive Local Exchange Carriers › Rule 39-1-23 › Section 39-1-23-101 - Requirements for Discontinuance

Current through June 25, 2024
1.
Complete
				  Discontinuance
A CLEC intending to cease operations and to discontinue the
					 provision of all local exchange telecommunications services in Mississippi
					 shall file a formal petition for authority to do so with the Commission no less
					 than sixty (60) calendar days prior to the date of discontinuance of local
					 exchange telecommunications services. The petition shall provide:
a. The number of affected customers and types
				  of service offerings provided;
b. A
				  description of customer notification efforts by the CLEC, copies of the written
				  notice sent or proposed to be sent to the CLEC's customers and plans, if any
				  for follow-up customer notification. Notice shall be consistent with the
				  requirements described herein.
c. A
				  full explanation of the reasons for the proposed discontinuance of operations,
				  including any plan to transfer the CLEC's customers to other carriers;
				  and,
d. A request for cancellation
				  of the petitioning CLEC's certificate or certificates to provide local exchange
				  telecommunications service and, if applicable, interexchange telecommunications
				  services upon the approval for discontinuance of the CLEC's local exchange
				  operations. If cancellation of the certificate or certificates is not
				  requested, a concise statement of why the Commission should not cancel the
				  certificate or certificates should be given; and
i
The date service will be
					 discontinued;
ii
A sample of the notice to be sent or that
					 was sent to the customers;
iii
Date by which customer must select a
					 provider, and;
iv
Summary of how and what format the customer
					 service records (CSRs) are being kept and how CSRs will be made available to
					 other carriers.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 23 - Discontinuance of Local Exchange Telecommunications Services Provided by Competitive Local Exchange Carriers › Rule 39-1-23 › Section 39-1-23-102 - Customer Notification

Current through June 25, 2024
Customers shall be provided written notice no less than
					 sixty (60) calendar days prior to the proposed discontinuance of service and
					 the notice shall include the following requirements:
1. The date the service will be
				  discontinued;
2. The reason for
				  discontinuance;
3. Clear
				  instruction how to choose another provider;
4. A toll-free number for the exiting
				  provider that customers may call with inquiries prior to the discontinuance of
				  local exchange service;
5. Clearly
				  stated deadlines for customer action including a statement that the customer
				  will lose service if the customer does not select another provider;
6. Identification of each telephone number
				  and its associated circuit identification, if a circuit identification exists,
				  with a statement that informs the customer to provide this information to the
				  local service provider the customer chooses; and
7. A statement that any deposit held by the
				  company shall be applied to the customer's final bill and a refund will be
				  issued within forty-five (45) calendar days of issuance of the final bill if
				  the deposit amount exceeds the final bill amount.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 23 - Discontinuance of Local Exchange Telecommunications Services Provided by Competitive Local Exchange Carriers › Rule 39-1-23 › Section 39-1-23-103 - Bankruptcy Requirements

Current through June 25, 2024
1.
Required
				  Documentation
A CLEC that is the subject of a bankruptcy petition shall
					 provide to the Commission a complete copy of the bankruptcy petition and any
					 plan filed under Chapter 7 or 11 of the Bankruptcy Code. Simultaneous with a
					 bankruptcy petition being filed by or against a CLEC or its corporate parent,
					 the CLEC shall provide written notice and a copy of such bankruptcy petition to
					 the Commission. The written notice shall include the following information and
					 be updated as necessary
a. Whether the
				  CLEC currently provides service offerings to customers in Mississippi and the
				  number of its customers and types of services provided;
b. The name, address, and telephone number of
				  any trustee in bankruptcy;
c. The
				  name, address and telephone number of the attorney representing the CLEC in its
				  bankruptcy petition; and
d. The
				  name, address and telephone number of any company proposing to acquire the
				  assets of the CLEC.