Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 7 - Certificate Proceedings › Rule 39-1-7 › Section 39-1-7-105 - General Provisions

Current through June 25, 2024
1.
Action on
				  Non-Construction
The Commission may in its order granting a Facilities
					 Certificate, include a provision that in the event the construction authorized
					 by the grant of the Facilities Certificate is not commenced within a certain
					 period of time, as determined by the Commission to be appropriate under the
					 facts and circumstances of the construction project, that the Facilities
					 Certificate will be automatically voided at the end of said period.
2.
Selection of Area
A petition on an area basis shall embrace areas selected by
					 the petitioner which, in the petitioner's judgment, should be developed as a
					 unit. In each instance, the petitioner shall consider in selecting the area to
					 be requested, those characteristics that set it apart as a unit, such as the
					 location of petitioner's facilities, facilities of other utilities, rivers,
					 streams, creeks, swamps, highways, roads and the location and distribution of
					 population. In area petitions, boundary lines, where practical, shall follow
					 county lines, rivers, township or section lines, existing corporate limits or
					 other clearly identifiable locations. In municipalities where less than the
					 entire municipality is served by the petitioner, the boundaries shall follow
					 corporate lines, streets, alleys, parks or other established boundaries.
					 Outside municipalities, the boundaries shall be established by metes and
					 bounds, or by following county lines, township or section lines, rivers or
					 streams (when named on Department of Transportation county maps) or other
					 clearly identifiable locations.
3.
Interpretations of Area
				  Boundaries
Whenever under these rules an area is described in whole or
					 in part by following the courses of rivers, streams, roads, highways, municipal
					 corporate limits, canals or other locations that are susceptible to subsequent
					 changes, such courses, both in the petition and in any certificate granted
					 pursuant thereto, shall be understood and held to mean such courses as they
					 exist upon the date the certificate is granted. Nothing in this rule shall be
					 construed as infringing on the lawful jurisdiction of any municipality.
4.
Temporary Acts or
				  Operations
The Commission may authorize, by letter, temporary acts or
					 operations of a utility upon notice to any other utility affected
					 thereby.
5.
Initial
				  Rates and Tariffs
Prior to the rendering of any utility service to any
					 customer by a utility, a request for the establishment of initial rates and
					 tariffs shall be by separate filing pursuant to the provisions of RP 9. This
					 paragraph shall not apply to any utility excluded from rate regulation pursuant
					 to Miss. Code Ann. §
											77-3-1
					 and
					 77-3-5.
6.
Incomplete
				  Filings
Petitions for certificates that fail to comply with the
					 requirements of these rules or that do not have attached to them the required
					 supporting data will be docketed and assigned an identifying number, but the
					 Commission may decline to consider said petition or dismiss it, sua sponte,
					 until compliance is achieved.
7.
Exemptions
Nothing contained herein shall be construed to require any
					 certificate or notice from persons engaged in the production and gathering of
					 natural gas, the sale of natural gas in or within the vicinity of the field
					 where produced, the distribution or sale of liquefied petroleum gas or for the
					 operation or construction of facilities and equipment utilized in such
					 operations.
8.
Existing Certificates
Nothing contained in these rules shall be construed so as
					 to alter, expand or diminish the rights of any utility exercised under the
					 authority of any certificate issued prior to the adoption of these
					 rules.
9.
Hearings
The Commission may grant a Certificate without a hearing in
					 an uncontested case; however, the Commission may hear an uncontested case if it
					 determines that the public interest will be served thereby. The Commission
					 shall conduct a hearing on every Petition seeking authority to construct any
					 facility for the generation of electricity, as set forth in Miss. Code Ann.
					 §
											77-3-14.