Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 11 - Complaint Proceedings › Rule 39-1-11 › Section 39-1-11-101 - Formal Complaints

Current through June 25, 2024
1.
Who May
				  Complain
Complaint may be made by the Commission on its own behalf,
					 by the Staff, by any utility, by any municipality, the State of Mississippi,
					 the United States, any federal or state department, subdivision or agency,
					 Chamber of Commerce or trade association, or by any consumer or prospective
					 consumer of any utility service with respect to service, furnishing of service,
					 rates and other charges, any discrimination with respect to any service or
					 rates or regarding any rule or order of the Commission.
A complaint filed by anyone other than the Commission or
					 the Staff must affirmatively show that the complainant has a direct and
					 substantial interest in the subject matter of the complaint that will be
					 determined by the proceeding. A copy of the complaint shall be served on the
					 utility or respondent by the party filing the complaint at the time it is filed
					 in accordance with RP 6.
2.
Form of Complaint
Each formal complaint shall be in writing, verified, and
					 shall bear a heading showing the names of the complainant and respondent; and,
					 in addition, shall state (a) the full name, mailing address and e-mail address
					 of complainant; (b) the full name and mailing address of the respondent; (c)
					 fully, clearly and with reasonable certainty, the act or thing done or omitted,
					 of which complaint is made, with a citation, where practicable, to the statute,
					 rule or order, of which violation is claimed; (d) the interest of the
					 complainant, and how it will be affected; (e) the relief that is sought; (f)
					 the name and address of any attorney representing the complainant; (g) and such
					 other matters of fact, if any, as may be necessary to fully acquaint the
					 Commission with the details of the alleged violation. Complainant shall comply
					 with all applicable provisions of RP 6.
3.
Procedure
Upon the filing of such a complaint, the Commission will
					 immediately examine the same to determine whether it alleges a prima facie case
					 and conforms to these rules. If the Commission is of the opinion that the
					 complaint does not allege a prima facie case or does not conform to these
					 rules, it will notify the complainant or his attorney to that effect within
					 seven (7) days of the filing date, and opportunity may be given to amend the
					 complaint within a specified time. If not so amended within such time or such
					 extension thereof as the Commission may, for good cause grant, the complaint
					 will be dismissed. If the Commission is of the opinion that such complaint,
					 either as originally filed or as amended, alleges a prima facie case under the
					 Act and conforms to these rules and the law, the Commission will serve a notice
					 upon the respondent of and under the hand of its secretary and attested by its
					 seal, accompanied by a copy of the complaint, directed to such utility or
					 person, and requiring that the complaint be answered in writing within twenty
					 (20) days from the date of service of such notice, provided that the Commission
					 may, in particular cases, require the answer to be filed within a shorter time,
					 or grant additional time in which to answer.
4.
Offer of Satisfaction of
				  Complaint
If the respondent desires to satisfy the complaint, he may
					 file with the Commission, within the time allowed for answer, a statement of
					 the relief which he is willing to give, with Certificate of Service of a copy
					 thereof on the complainant endorsed thereon. The complainant shall have seven
					 (7) days in which to file with the Commission a statement accepting the
					 satisfaction offered, or rejecting it, with Certificate of Service of a copy
					 thereof on the respondent. If the offer of satisfaction is accepted by the
					 complainant and approved by the Commission, no further proceedings will be
					 taken.
5.
Answer of
				  Complaint
If satisfaction be not made as aforesaid, the respondent
					 shall, within seven (7) days from service of complainant's statement declining
					 the offer of satisfaction (or within such additional time as the Commission
					 may, for good cause shown, allow) file an answer to the complaint, with
					 Certificate of Service of a copy thereof on the complainant endorsed thereon.
					 The answer must contain a specific admission or denial of the material
					 allegations of the complaint which may be done by reference to designated
					 paragraphs of the complaint or portions thereof, and also a clear statement of
					 any matter constituting a defense. If the respondent has no information or
					 belief upon the subject of any allegation sufficient to enable him to answer
					 the same, he may so state in his answer and base his denial upon that
					 ground.