reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 39 - UTILITIES › Part 4 - Mississippi Distributed Generator Interconnection and Distributed Generation › Subpart II - Mississippi Distributed Generation Rule › Chapter 2 - DEFINITIONS › Section 39-4-II-2-107 - "Net Generation"

Current through June 25, 2024
"Net Generation"
means measuring the
					 real-time kilowatt-hours supplied by the EU to the DGIC and the kilowatt-hours
					 produced by the DGIC's DGF and exported to the EU over the applicable Billing
					 Period. Net Generation includes the real-time displacement of kilowatt-hours
					 that otherwise would be provided by the EU by kilowatt-hours that were
					 generated by the DGIC's DGF. An EU may employ a multi-channel meter for
					 separately measuring the DGIC's electric usage and excess energy exported to
					 the EU.
Special metering requirements are obviated with the use of
					 advanced metering infrastructure or "smart meters."
Mississippi Administrative Code › Title 39 - UTILITIES › Part 4 - Mississippi Distributed Generator Interconnection and Distributed Generation › Subpart II - Mississippi Distributed Generation Rule › Chapter 2 - DEFINITIONS › Section 39-4-II-2-108 - "Renewable Energy"

Current through June 25, 2024
"Renewable Energy"
means electric energy
					 produced from solar technologies, wind energy, geothermal technologies, wave or
					 tidal action, hydro-power facilities, hydrogen, and biomass. Any energy derived
					 from fossil fuels is not considered renewable and does not qualify under the
					 MDGR.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 4 - Mississippi Distributed Generator Interconnection and Distributed Generation › Subpart II - Mississippi Distributed Generation Rule › Chapter 2 - DEFINITIONS › Section 39-4-II-2-109 - "Biomass"

Current through June 25, 2024
"Biomass"
means a power source that is
					 comprised of combustible solids or gases from forest products, manufacturing
					 waste, or byproducts; products from agricultural and orchard crops; waste or
					 co-products from livestock and poultry operations; waste or byproducts from
					 food processing; urban wood waste; municipal liquid waste treatment operations;
					 and landfill gas.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 4 - Mississippi Distributed Generator Interconnection and Distributed Generation › Subpart II - Mississippi Distributed Generation Rule › Chapter 2 - DEFINITIONS › Section 39-4-II-2-110 - "Meter Aggregation"

Current through June 25, 2024
"Meter Aggregation"
involves a REDGIC with
					 more than one customer account taking metered electric service from an EU,
					 where the REDGIC elects to apply any remaining value of excess energy credit
					 after application of excess energy credit to the bill for the customer account
					 associated with an interconnected DGF to bill(s) for eligible additional
					 account(s) ("Additional Meter(s)") in the priority order specified by the
					 REDGIC.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 4 - Mississippi Distributed Generator Interconnection and Distributed Generation › Subpart II - Mississippi Distributed Generation Rule › Chapter 3 - NET GENERATION REQUIREMENTS › Section 39-4-II-3-100

Current through June 25, 2024
This MDGR sets forth the Net Generation requirements that
					 apply to EUs that have customers who self-generate electricity with Renewable
					 Energy on the customer's side of the EU's meter that wish to Net Generate, as
					 indicated by the customer on the Standard Application. These customers are
					 referred to as DGICs in this rule.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 4 - Mississippi Distributed Generator Interconnection and Distributed Generation › Subpart II - Mississippi Distributed Generation Rule › Chapter 3 - NET GENERATION REQUIREMENTS › Section 39-4-II-3-101

Current through June 25, 2024
All EUs shall offer Net Generation to any customer that
					 seeks to generate electricity on the customer's side of the EU's meter using
					 Renewable Energy sources, provided:
1.
				  For residential customers, Net Generation nameplate direct current capacity of
				  the aggregated DGFs at the customer's premises shall be limited to the lesser
				  of 110% of the customer's annual peak demand or 20 kW and shall meet the
				  requirements of the MDGIR;
2. For
				  non-residential customers, Net Generation nameplate direct current capacity for
				  the aggregate DGFs at the customer's premises shall be limited to the lesser of
				  110% of the customer's annual peak demand or 2 MW and shall meet the
				  requirements of the MDGIR.
3. In
				  cases where Battery Energy Storage Systems ("BESS") are paired with a DGF, the
				  capacity of the BESS will not affect the total nameplate capacity limits of a
				  customer's DGF under this MDGR.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 4 - Mississippi Distributed Generator Interconnection and Distributed Generation › Subpart II - Mississippi Distributed Generation Rule › Chapter 3 - NET GENERATION REQUIREMENTS › Section 39-4-II-3-102

Current through June 25, 2024
EUs may refuse additional net generation requests if the
					 total net generation direct current capacity in kW, as reported through these
					 requirements, exceeds at any time 3 percent of the EU's total system peak
					 demand expressed in kW recorded during the prior calendar
					 year.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 4 - Mississippi Distributed Generator Interconnection and Distributed Generation › Subpart II - Mississippi Distributed Generation Rule › Chapter 3 - NET GENERATION REQUIREMENTS › Section 39-4-II-3-103

Current through June 25, 2024
Each EU shall develop a tariff for Net Generation and
					 interconnection policies in concordance with this MDGR and the MDGIR. Each EU
					 shall make Net Generation available to eligible DGICs on a first-come,
					 first-served basis until such time as the aforementioned cap has been
					 reached.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 4 - Mississippi Distributed Generator Interconnection and Distributed Generation › Subpart II - Mississippi Distributed Generation Rule › Chapter 3 - NET GENERATION REQUIREMENTS › Section 39-4-II-3-104

Current through June 25, 2024
An EU shall provide Net Generation at non-discriminatory
					 rates that are identical, with respect to rate structure and level, retail rate
					 components, and any monthly fixed charges, to the rates that a DGIC would be
					 charged if not a DGIC, unless otherwise approved by the
					 Commission.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 4 - Mississippi Distributed Generator Interconnection and Distributed Generation › Subpart II - Mississippi Distributed Generation Rule › Chapter 3 - NET GENERATION REQUIREMENTS › Section 39-4-II-3-105

Current through June 25, 2024
In each Billing Period, energy supplied to the DGIC from
					 the EU as recorded on the EU's bi-directional meter or smart meter will be
					 billed using appropriate commission-approved rate and rider schedules. This
					 provision means that energy self-supplied by the DGIC, up to the amount
					 supplied from the EU to the DGIC (e.g., through the recording of meter Channel
					 1) will be credited to the DGIC at the full retail rate (i.e., effectively
					 displacing energy supplied from the EU). During that same Billing Period, any
					 excess energy supplied from the DGIC to the EU and recorded on the EU's
					 bidirectional net meter in kWh (e.g., through meter Channel 2) will be credited
					 on the DGIC's bill at the applicable Total Value of Distributed Generation
					 expressed in cents per kWh and shall be accounted for through the EU's fuel
					 adjustment clause. The customer's monthly bill will be the total of billing for
					 any usage (i.e., as recorded on meter Channel 1) subject to any customer charge
					 and/or minimum bill provisions in the EU's rate and rider schedules less any
					 credit due to the customer from excess energy exported to the EU (i.e., as
					 recorded on meter Channel 2). If the sum total of the monthly bill is negative,
					 any such amount will be carried over to the next Billing Period and applied to
					 any charges arising during the subsequent Billing Period.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 4 - Mississippi Distributed Generator Interconnection and Distributed Generation › Subpart II - Mississippi Distributed Generation Rule › Chapter 3 - NET GENERATION REQUIREMENTS › Section 39-4-II-3-106

Current through June 25, 2024
Beginning with the effective date of this rule, Total Value
					 of Distributed Generation shall be equal to the Avoided Cost of Wholesale Power
					 plus the Distributed Generation Value. Further, the Distributed Generation
					 Value shall be equal to 2.5 cents/kWh, unless and until modified upward or
					 downward based on Mississippi-specific data, by separate Order of the
					 Commission, and after full notice and hearing. Within sixty (60) days of the
					 effective date of this rule, each EU shall file with the Commission revised net
					 generation tariffs consistent with the provisions of this revised rule for
					 consideration and approval by the Commission.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 4 - Mississippi Distributed Generator Interconnection and Distributed Generation › Subpart II - Mississippi Distributed Generation Rule › Chapter 3 - NET GENERATION REQUIREMENTS › Section 39-4-II-3-107

Current through June 25, 2024
Each new Billing Period shall begin with zero kWh credits
					 to the DGIC; however, subject to the provisions above, the customer may carry
					 over any value of energy credit arising from the prior Billing Period(s). When
					 a customer closes his or her account with the EU, if the DGIC has accumulated a
					 dollar balance as a result of excess energy delivered to the EU, any such
					 balance, net of costs owed to the EU, shall be paid to the
					 DGIC.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 4 - Mississippi Distributed Generator Interconnection and Distributed Generation › Subpart II - Mississippi Distributed Generation Rule › Chapter 3 - NET GENERATION REQUIREMENTS › Section 39-4-II-3-108

Current through June 25, 2024
Credit for any excess energy exported to the EU shall not
					 be applied to reduce any fixed monthly customer charges or minimum bill
					 provisions imposed by the EU under Commission-approved rate and rider
					 schedules.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 4 - Mississippi Distributed Generator Interconnection and Distributed Generation › Subpart II - Mississippi Distributed Generation Rule › Chapter 3 - NET GENERATION REQUIREMENTS › Section 39-4-II-3-109

Current through June 25, 2024
An EU shall offer a DGIC the choice of a time
					 differentiated energy tariff rate or a non-time-differentiated energy tariff
					 rate, if the EU offers the choice to customers in the same rate class as the
					 DGIC. If a DGIC uses a retail billing arrangement that has time-differentiated
					 rates, the EU shall net any production from the DGFs against the customer's
					 consumption within the same time-of-use period in the Billing Period and any
					 excess energy exported to the EU will be credited as described
					 above.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 4 - Mississippi Distributed Generator Interconnection and Distributed Generation › Subpart II - Mississippi Distributed Generation Rule › Chapter 3 - NET GENERATION REQUIREMENTS › Section 39-4-II-3-110

Current through June 25, 2024
Any renewable energy credits (RECs) created by the DGIC are
					 and shall remain the property of the DGIC, unless otherwise approved by the
					 Commission. The EU shall not charge any back-up, standby, or Exit Fees to a
					 DGIC, unless otherwise approved by the Commission.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 4 - Mississippi Distributed Generator Interconnection and Distributed Generation › Subpart II - Mississippi Distributed Generation Rule › Chapter 3 - NET GENERATION REQUIREMENTS › Section 39-4-II-3-111

Current through June 25, 2024
An EU shall not charge a DGIC any fee or charge, or require
					 additional equipment, insurance or any other requirement, unless the fee,
					 charge, or other requirement is specifically authorized in this MDGR or the
					 MDGIR, or the fee would apply to other customers in the same rate class that
					 are not DGICs, or unless otherwise approved by the
					 Commission.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 4 - Mississippi Distributed Generator Interconnection and Distributed Generation › Subpart II - Mississippi Distributed Generation Rule › Chapter 3 - NET GENERATION REQUIREMENTS › Section 39-4-II-3-112

Current through June 25, 2024
All DGICs must be electrically interconnected with their EU
					 pursuant to the provisions of the MDGIR. All rules and regulations for
					 interconnected DGFs within the MDGIR apply to DGICs. Any Distribution System
					 Upgrades, including additional equipment needed that is associated with the
					 export of electricity, shall be at the DGIC's expense, per the
					 MDGIR.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 4 - Mississippi Distributed Generator Interconnection and Distributed Generation › Subpart II - Mississippi Distributed Generation Rule › Chapter 3 - NET GENERATION REQUIREMENTS › Section 39-4-II-3-113

Current through June 25, 2024
Each EU shall file with the Commission within three months
					 of the effective date of this revised rule the EU's plan to inform its
					 customers of the opportunities available under the MDGR.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 4 - Mississippi Distributed Generator Interconnection and Distributed Generation › Subpart II - Mississippi Distributed Generation Rule › Chapter 3 - NET GENERATION REQUIREMENTS › Section 39-4-II-3-114

Current through June 25, 2024
Nothing in this document shall abrogate any person's
					 obligation to comply with all applicable Federal or State laws, rules or
					 regulations, including the MDGIR.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 4 - Mississippi Distributed Generator Interconnection and Distributed Generation › Subpart II - Mississippi Distributed Generation Rule › Chapter 3 - NET GENERATION REQUIREMENTS › Section 39-4-II-3-115

Current through June 25, 2024
Nothing in this document shall abrogate any person's
					 obligation to comply with all applicable Federal or State laws, rules or
					 regulations, including the MDGIR.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 4 - Mississippi Distributed Generator Interconnection and Distributed Generation › Subpart II - Mississippi Distributed Generation Rule › Chapter 4 - METERS AND METERING › Section 39-4-II-4-100

Current through June 25, 2024
A DGIC shall be equipped with metering equipment that can
					 measure the flow of electricity in each direction at the same time. This may be
					 accomplished through the use of advanced metering infrastructure, or a single
					 bi-directional meter that records customer usage as well as excess energy
					 exported to the EU (e.g., energy supplied to the customer net of the output of
					 the DGIC is measured on Channel 1 and excess energy supplied by the DGIC to the
					 EU in excess of the customer's requirements is measured on Channel
					 2).
Mississippi Administrative Code › Title 39 - UTILITIES › Part 4 - Mississippi Distributed Generator Interconnection and Distributed Generation › Subpart II - Mississippi Distributed Generation Rule › Chapter 4 - METERS AND METERING › Section 39-4-II-4-101

Current through June 25, 2024
An EU may choose to use an existing electric revenue meter
					 if the following criteria are met:
1.
				  The meter is capable of measuring the flow of electricity both into and out of
				  the DGIC at the same time; and
2.
				  The meter is accurate to within plus or minus five percent when measuring
				  excess energy flowing from the DGIC to the EU.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 4 - Mississippi Distributed Generator Interconnection and Distributed Generation › Subpart II - Mississippi Distributed Generation Rule › Chapter 4 - METERS AND METERING › Section 39-4-II-4-102

Current through June 25, 2024
If the DGIC's existing electric revenue meter does not meet
					 the requirements above, the EU shall install a new revenue meter for the DGIC,
					 at the DGIC's expense, within 10 business days after the interconnection
					 agreement is executed and approved. If the EU offers a time-differentiated rate
					 chosen by the DGIC, the meter shall have the capability to appropriately record
					 energy flows in each direction during any time-differentiated
					 period.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 4 - Mississippi Distributed Generator Interconnection and Distributed Generation › Subpart II - Mississippi Distributed Generation Rule › Chapter 4 - METERS AND METERING › Section 39-4-II-4-103

Current through June 25, 2024
Any subsequent revenue meter change will be at the EU's
					 expense, meaning such meter expense will not be charged to an individual DGIC
					 but shall become part of the EU's overall cost of service and subsequent
					 revenue requirement.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 4 - Mississippi Distributed Generator Interconnection and Distributed Generation › Subpart II - Mississippi Distributed Generation Rule › Chapter 5 - REPORTING REQUIREMENTS › Section 39-4-II-5-100

Current through June 25, 2024
Each EU with one or more DGICs connected to its grid shall
					 submit to the Mississippi Public Service Commission a Net Generation report on
					 or before March 1st of each calendar year. The report shall include the
					 following information regarding DGICs during the reporting period:
1. The total energy expressed in
				  kilowatt-hours supplied to the EU's grid by DGICs and a description of any
				  estimation methodology used;
2. The
				  total number of DGICs that were paid for excess energy exported to the EU at
				  the end of any Billing Period(s) during the prior calendar year;
3. The total dollar amount by month that the
				  EU paid to DGICs who received the Low-to-Moderate Income Benefits Adder that
				  calendar year;
4. The total number
				  of net generation DGFs by resource type that were interconnected at the end of
				  the prior calendar year;
5. The
				  total rated nameplate direct current generating capacity of net generation DGFs
				  installed during the prior calendar year broken out by resource type;
				  and
6. The percentage of the EU's
				  total system peak demand from the prior calendar year represented by the total
				  rated nameplate direct current generating capacity of net generation
				  DGFs.
7. The total number of REDGICs
				  who received the Low-to-Moderate Income Benefits Adder that calendar
				  year.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 4 - Mississippi Distributed Generator Interconnection and Distributed Generation › Subpart II - Mississippi Distributed Generation Rule › Chapter 5 - REPORTING REQUIREMENTS › Section 39-4-II-5-101

Current through June 25, 2024
For purposes of these reporting requirements, any estimates
					 shall be made using Commission-approved protocols unless no such protocols are
					 available, in which case the estimates shall be accompanied by detailed
					 calculations demonstrating how the estimates were made.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 4 - Mississippi Distributed Generator Interconnection and Distributed Generation › Subpart II - Mississippi Distributed Generation Rule › Chapter 6 - CUSTOMER PROGRAMS › Section 39-4-II-6-100

Current through June 25, 2024
While the Commission recognizes that it cannot order an EU
					 to construct or acquire specific resources, the Commission finds that economic
					 benefits warrant reasonably incentivizing energy independence through cost
					 reductions for renewable energy for K-12 public schools through power purchase
					 agreements, renewable energy for low-to-moderate income residential customers
					 and residential battery storage systems that can accommodate and are compatible
					 with any existing or future EU demand side management or demand response
					 programs. Any renewable energy for public school programs or low-to-moderate
					 income residential renewable energy programs will be subject to the three
					 percent (3%) participation cap described, previously, herein; however, nothing
					 herein prevents an EU from extending these programs if it chooses. These
					 programs should begin on January 1, 2023, and should continue for no more than
					 five (5) years.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 4 - Mississippi Distributed Generator Interconnection and Distributed Generation › Subpart II - Mississippi Distributed Generation Rule › Chapter 6 - CUSTOMER PROGRAMS › Section 39-4-II-6-101

Current through June 25, 2024
Compliance with tariffs implementing a renewable energy
					 program described above and the execution and filing of a power purchase
					 agreement shall be deemed sufficient to satisfy any certificate requirements
					 subject to Commission jurisdiction and authority.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 4 - Mississippi Distributed Generator Interconnection and Distributed Generation › Subpart II - Mississippi Distributed Generation Rule › Chapter 6 - CUSTOMER PROGRAMS › Section 39-4-II-6-102

Current through June 25, 2024
Public Schools participating in any solar for public
					 schools program are admonished to treat any savings or revenues as
					 supplementing, not supplanting, school budgets related to educational expenses
					 and investments focused on the classroom, such as classroom
					 supplies.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 4 - Mississippi Distributed Generator Interconnection and Distributed Generation › Subpart II - Mississippi Distributed Generation Rule › Chapter 6 - CUSTOMER PROGRAMS › Section 39-4-II-6-103

Current through June 25, 2024
EUs should be allowed to recover all reasonable and prudent
					 costs incurred by them and resulting rates shall reflect on a prospective basis
					 the reduction in energy sales volume that will result from all distributed
					 generation. EUs all shall be allowed to recover all investments relating to
					 this rule and any programs discussed above, including an opportunity to earn a
					 reasonable return thereon. Such investments shall include, but not be limited
					 to, equipment, incentives, marketing and delivery, direct installation costs,
					 and any administration costs.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 4 - Mississippi Distributed Generator Interconnection and Distributed Generation › Subpart II - Mississippi Distributed Generation Rule › Chapter 7 - CONSUMER PROTECTIONS › Section 39-4-II-7-100

Current through June 25, 2024
In an effort to foster continued monitoring and
					 consideration of the fairness and efficacy of this rule, representatives of the
					 Commission, the Mississippi Public Utilities Staff, the Office of the
					 Mississippi Attorney General, and other qualified stakeholders shall meet
					 annually to identify and discuss issues related to net generation that may
					 warrant further Commission attention and/or review. Members of the Commission
					 Staff and Public Utilities Staff who participated in the working group shall
					 present any joint recommendations on such issues to the Commission by January
					 30th each year.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 4 - Mississippi Distributed Generator Interconnection and Distributed Generation › Subpart II - Mississippi Distributed Generation Rule › Chapter 7 - CONSUMER PROTECTIONS › Section 39-4-II-7-101

Current through June 25, 2024
In order to offer all customers some level of consumer
					 protection, any entity interacting with customers in any transaction or
					 proposed transaction related to this rule or any program or implementing tariff
					 associated herewith, including but not limited to solar developers and solar
					 installers, shall take the following actions, as applicable:
1. Must file with the Commission a point of
				  contact to whom the Commission may direct customer complaints for
				  resolution;
2. Must register with
				  the Secretary of State to do business in Mississippi and list a registered
				  agent for service of process; and
3. Must file annually with the Commission,
				  and provide a copy to the consumer protection division of the Office of the
				  Mississippi Attorney General, any marketing material with attestation to its
				  accuracy.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 1 - Purpose and Scope › Rule 39-101-I-1.1

Current through June 25, 2024
This chapter is adopted in compliance with, and under the
					 authority of, Miss. Code Ann. §
										77-13-31(1)(a).
Miss. Code Ann.
					 §
											77-13-31
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 1 - Purpose and Scope › Rule 39-101-I-1.2

Current through June 25, 2024
This chapter establishes rules for the Board and its
					 Executive Committee and for the protection of underground utility facilities
					 pursuant to Title 77, Chapter 13 of the Mississippi Code.
Miss. Code Ann.
					 §
											77-13-31
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 2 - Duties of the Board › Rule 39-101-I-2.1

Current through June 25, 2024
The duties of the Board are described in Title 77, Chapter
					 13 of the Mississippi Code and include, but are not limited to the following:
(1) Enforce the provisions of Title
				  77, Chapter 13 of the Mississippi Code.
(2) Where authorized by the Board, notify the
				  Pipeline Safety Division of the Board's need for administrative, investigative,
				  and legal support to enforce Title 77, Chapter 13 of the Mississippi Code, and
				  pay the Pipeline Safety Division for the reasonable cost of said services that
				  are not covered by other funding sources including, but not limited to,
				  appropriations or grants.
(3)
				  Conduct meetings as described in Miss. Code Ann. §
										77-13-29
				  and the rules adopted by the Board.
(4) Elect an Executive Committee from among
				  the Board members as described in Miss. Code Ann. §
										77-13-29.
(5) Adopt a budget and promulgate
				  rules and regulations to carry out its responsibilities described in Title 77,
				  Chapter 13 of the Mississippi Code.
(6) Enter into contracts as the Board deems
				  necessary to carry out its responsibilities.
(7) Manage the Underground Damage Prevention
				  Fund created by Miss. Code Ann. §
										77-13-35.
(8) Assess and collect funds as
				  described in Miss. Code Ann. §
										77-13-31(2)(c),
				  as deemed necessary to carry out its responsibilities.
(9) Develop a process for the Executive
				  Committee to investigate allegations that violations have occurred.
Miss. Code Ann.
					 §§
											77-13-27,
					 29, 31, 33 and 35.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 2 - Duties of the Board › Rule 39-101-I-2.2

Current through June 25, 2024
Perform any additional duties as may be required by Title
					 77, Chapter 13 of the Mississippi Code.
Miss. Code Ann.
					 §§
											77-13-27,
					 29, 31, 33 and 35.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 3 - Board Organization › Rule 39-101-I-3.1

Current through June 25, 2024
The Board consists of sixteen members, appointed as
					 follows:
(1) By the Governor:
(a) One representative of the
				  telecommunications industry
(b)
				  One representative of the electric power industry investor-owned utilities
(c) One representative of the
				  cable industry
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 4 - Board Member Terms › Rule 39-101-I-4.1

Current through June 25, 2024
The initial term of the appointed members from the
					 telecommunications and the excavation, utility and/or site construction
					 industries shall end December 31, 2017.
Miss. Code Ann.
					 §
											77-13-29
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 4 - Board Member Terms › Rule 39-101-I-4.2

Current through June 25, 2024
The initial term of the appointed members from electric
					 power industry investor owned utilities and Electric Power Association of
					 Mississippi shall end December 31, 2019.
Miss. Code Ann.
					 §
											77-13-29
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 4 - Board Member Terms › Rule 39-101-I-4.3

Current through June 25, 2024
The initial term of the appointed members from the cable,
					 the natural gas or liquid transmission, and the natural gas or liquid
					 distribution industries shall end December 31, 2021.
Miss. Code Ann.
					 §
											77-13-29
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 4 - Board Member Terms › Rule 39-101-I-4.4

Current through June 25, 2024
After the expiration of the initial terms, all appointed
					 members shall serve a term of five (5) years.
Miss. Code Ann.
					 §
											77-13-29
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 5 - Officers › Rule 39-101-I-5.1

Current through June 25, 2024
The Governor shall appoint the initial chairman of the
					 board, and the initial board shall elect other officers as the board deems
					 necessary. The board shall meet in August of even numbered years for the
					 purpose of electing a Chairman, and any other officers it deems necessary.
Miss. Code Ann.
					 §
											77-13-29
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 5 - Officers › Rule 39-101-I-5.2

Current through June 25, 2024
The officers of the board shall be as follows:
(1) Chairman. The Chairman shall preside at
				  all meetings of the Board and discharge the duties of the presiding officer,
				  shall be the principal executive officer of the Board, may sign contracts and
				  other instruments authorized by the Board, except in cases where the Board
				  shall expressly delegate that authority to another member, and shall perform
				  whatever other duties the Board may from time to time prescribe.
(2) Vice-Chairman. The Vice-Chairman shall,
				  in the absence of the Chairman, perform the duties and exercise the powers of
				  the Chairman. The Vice-Chairman shall also perform whatever duties and have
				  whatever powers the Board may from time to time assign.
(3) Secretary. The Secretary shall attend all
				  meetings of the Board and shall keep or cause to be kept, true and complete
				  minutes of the proceedings of those meetings. The Secretary shall give or cause
				  to be given, notice of all meetings of the Board, shall be the Public Records
				  Compliance Officer and whatever additional duties the Board may from time to
				  time prescribe
(4) Treasurer. The
				  Treasurer shall keep full and accurate accounts of receipts and disbursements
				  and shall deposit all Board monies and other valuable effects in the name and
				  to the credit of the Board in a depository or depositories designated by the
				  Board. The Treasurer shall disburse the funds of the Board and shall render to
				  the Chairman or the Board, whenever they may require it, an account of the
				  transactions as Treasurer and the financial condition of the Board.
				  Disbursements of the Board shall require two signatures.
(5) Combination of Offices. Nothing herein
				  shall prohibit the combination of the duties of Secretary and Treasurer and
				  those offices being held by one member of the Board.
(6) Other Officers. Such other officers as
				  are created from time to time by the Board shall have such duties as may be
				  assigned to them by the Board in the minutes of meetings duly adopted, or by
				  Resolution of the Board.
Miss. Code Ann.
					 §
											77-13-29
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 6 - Board Operations › Rule 39-101-I-6.1 - Rule Making Authority

Current through June 25, 2024
The Board shall make such rules and regulation as may be
					 necessary to carry out the provisions of the statute.
Miss. Code Ann.
					 §§
											77-13-29
					 and 31
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 6 - Board Operations › Rule 39-101-I-6.2 - Meetings and Notice

Current through June 25, 2024
The Board shall meet at the location and on the date and
					 time set by the Chairman upon at least five business days' notice provided by
					 United States mail, electronic mail or personal delivery to every board member.
					 Meeting dates, times, and locations shall be published in the Board's minutes.
					 The Board shall meet no less than three times each calendar
					 year.
Miss. Code Ann.
					 §§
											77-13-29
					 and 31
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 6 - Board Operations › Rule 39-101-I-6.3 - Audio Meetings

Current through June 25, 2024
Any Meeting of the Board may be conducted through the use
					 of any means of communication by which all members participating may
					 simultaneously hear each other during the meeting. A members participating in a
					 meeting by this means is deemed to be present in person at the
					 meeting.
Miss. Code Ann.
					 §§
											77-13-29
					 and 31
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 6 - Board Operations › Rule 39-101-I-6.4 - Quorum

Current through June 25, 2024
Eight (8) members of the board shall constitute a quorum.
Miss. Code Ann.
					 §§
											77-13-29
					 and 31
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 6 - Board Operations › Rule 39-101-I-6.5 - Voting

Current through June 25, 2024
All members of the Board including the Chairman shall be
					 entitled to vote and to make or second motions. A majority vote of those
					 present is required to pass a motion. A member expecting to be absent for a
					 vote may provide written comments as to his position; however he may not grant
					 a vote by proxy.
Miss. Code Ann.
					 §§
											77-13-29
					 and 31
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 6 - Board Operations › Rule 39-101-I-6.6 - Action without a Meeting

Current through June 25, 2024
Any action required or permitted may be taken without a
					 meeting if the action is noticed to all Board Members and approved by a
					 majority of the Members of the Board. The action must be evidenced by one or
					 more written consents describing the action taken, and delivered to the
					 Secretary for inclusion in the minutes or filed with the appropriate records.
Miss. Code Ann.
					 §§
											77-13-29
					 and 31
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 6 - Board Operations › Rule 39-101-I-6.7 - Robert's Rules of Order

Current through June 25, 2024
The Chairman shall conduct each Board meeting in accordance
					 with Robert's Rules of order. Committee meetings of the Board shall be
					 conducted in a like manner.
Miss. Code Ann.
					 §§
											77-13-29
					 and 31
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 6 - Board Operations › Rule 39-101-I-6.8 - Presumption of Assent

Current through June 25, 2024
A member who is present at a meeting of the Board at which
					 action is taken on any matter shall be presumed to have assented to the action
					 taken unless:
(1) Such member objects
				  at the beginning of the meeting (or promptly upon such member's arrival) to
				  holding or transacting business at the meeting;
(2) Such Member's dissent or abstention from
				  the action taken is entered in the minutes of the meeting; or
(3) Such Member delivers written notice of
				  such Member's dissent or abstention to the presiding officer of the meeting
				  immediately after the adjournment of the meeting.
Miss. Code Ann.
					 §§
											77-13-29
					 and 31
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 6 - Board Operations › Rule 39-101-I-6.9 - Committees of the Board

Current through June 25, 2024
(1) The Chairman,
				  with concurrence of the Board, may from time to time establish and abolish such
				  committees from among the members of the board as may be deemed necessary,
				  expedient or to contribute to the performance of the duties of the Board. The
				  Chairman shall appoint a Chair for each such committee.
(2) The Chairman, with concurrence of the
				  Board, deems it advantageous or beneficial to the Board, the Chairman may
				  appoint members to a committee who are not members of the Board.
(3) All Committee members shall serve at the
				  pleasure of the Chairman of the Board. A quorum shall be a majority of the
				  committee. The rules relating to the Board shall apply to all committees.
Miss. Code Ann.
					 §§
											77-13-29
					 and 31
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 7 - Declaratory Opinions › Rule 39-101-I-7.1

Current through June 25, 2024
This rule governs the form and content of requests for
					 declaratory opinions, and the Board's procedures regarding the requests as
					 required by Mississippi Code §
										25-43-2.105.
Miss. Code Ann.
					 §
											25-43-2.105.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 7 - Declaratory Opinions › Rule 39-101-I-7.2

Current through June 25, 2024
Any person with a substantial interest in the matter may
					 request a declaratory opinion from the Board by following the specified
					 procedures. "Substantial interest in the subject matter" means: an individual,
					 business, group, or other entity that is directly affected by the Board's
					 administration of the law within its primary jurisdiction. "Primary
					 jurisdiction of the Board" means the Board has a constitutional or statutory
					 grant of authority in the subject matter at issue.
Miss. Code Ann.
					 §
											25-43-2.105.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 7 - Declaratory Opinions › Rule 39-101-I-7.3

Current through June 25, 2024
The Board will issue a declaratory opinion regarding the
					 applicability to specified facts of:
(1) a statute administered or enforceable by
				  the Board; or
(2) a rule
				  promulgated by the Board.
Miss. Code Ann.
					 §
											25-43-2.105.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 7 - Declaratory Opinions › Rule 39-101-I-7.5

Current through June 25, 2024
Each request must be printed or typewritten, or legibly
					 handwritten. Each request must be submitted on standard business letter-sized
					 paper (8-1/2 inches by 11 inches). Request may be in the form of a letter
					 addressed to the Board.
Miss. Code Ann.
					 §
											25-43-2.105.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 7 - Declaratory Opinions › Rule 39-101-I-7.6

Current through June 25, 2024
All requests must be mailed, delivered, or transmitted via
					 facsimile to the Board.
The request shall clearly state that it is a request for a
					 declaratory opinion. No oral telephone requests or e-mail requests will be
					 accepted.
Miss. Code Ann.
					 §
											25-43-2.105.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 7 - Declaratory Opinions › Rule 39-101-I-7.7

Current through June 25, 2024
Each request must include the full name, telephone number,
					 and, mailing address of the requestor. All requests shall be signed by the
					 person filing the request, who shall attest that the request complies with the
					 requirements set forth in these rules, including but not limited to a full,
					 complete, and accurate statement of relevant facts and that there are no
					 related proceedings pending before any other administrative or judicial
					 tribunal.
Miss. Code Ann.
					 §
											25-43-2.105.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 7 - Declaratory Opinions › Rule 39-101-I-7.8

Current through June 25, 2024
Each request shall contain the following:
(1) a clear and concise statement of all
				  facts on which the opinion is requested;
(2) a citation to the statute or rule at
				  issue;
(3) the question(s) sought
				  to be answered in the opinion, stated clearly;
(4) a suggested proposed opinion from the
				  requestor, stating the answers desired by petitioner and a summary of the
				  reasons in support of those answers;
(5) the identity of all other known persons
				  involved in or impacted by the described factual situation, including their
				  relationship to the facts, name, mailing address, and telephone number; and
(6) a statement to show that the
				  person seeking the opinion has a substantial interest in the subject matter.
Miss. Code Ann.
					 §
											25-43-2.105.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 7 - Declaratory Opinions › Rule 39-101-I-7.9

Current through June 25, 2024
Within forty-five (45) days after the receipt of a request
					 for a declaratory opinion which complies with the requirements of these rules,
					 the Board shall, in writing:
(1) issue
				  a declaratory opinion regarding the specific statute or rule as applied to the
				  specific circumstances;
(2)
				  decline to issue a declaratory opinion, stating the reason for its action; or
(3) agree to issue a declaratory
				  opinion by a specific time but not later than ninety (90) days after receipt of
				  the written request.
Miss. Code Ann.
					 §
											25-43-2.105.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 7 - Declaratory Opinions › Rule 39-101-I-7.10

Current through June 25, 2024
The forty-five (45) day period shall begin on the first
					 State of Mississippi business day on or after the request is received by the
					 Board, whichever is sooner.
Miss. Code Ann.
					 §
											25-43-2.105.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 7 - Declaratory Opinions › Rule 39-101-I-7.11

Current through June 25, 2024
A declaratory opinion shall not become final until the
					 expiration of sixty (60) days after the issuance of the opinion. Prior to the
					 expiration of sixty (60) days, the Board may, in its discretion, withdraw or
					 amend the declaratory opinion for any reason which is not arbitrary or
					 capricious. Reasons for withdrawing or amending an opinion include, but are not
					 limited to, a determination that the request failed to meet the requirements of
					 these rules or that the opinion issued contains a legal or factual error.
Miss. Code Ann.
					 §
											25-43-2.105.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 7 - Declaratory Opinions › Rule 39-101-I-7.12

Current through June 25, 2024
The Board may give notice to any person, agency, or entity
					 that a declaratory opinion has been requested and may receive and consider
					 data, facts, arguments, and opinions from other persons, agencies or other
					 entities other than the requestor.
Miss. Code Ann.
					 §
											25-43-2.105.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 7 - Declaratory Opinions › Rule 39-101-I-7.13

Current through June 25, 2024
Declaratory opinions and requests for declaratory opinions
					 shall be available for public inspection and copying in accordance with the
					 Public Records Act and the Board's public records request procedure. All
					 declaratory opinions and request shall be indexed by name and subject.
					 Declaratory opinions and requests which contain information which is
					 confidential or exempt from disclosure under the Mississippi Public Records Act
					 or other laws shall be exempt from the requirements and shall remain
					 confidential.
Miss. Code Ann.
					 §
											25-43-2.105.