HB 943 — Public Service Commission; authorize to intervene in, arbitrate and/or mediate rate conflicts between water associations and rate payers.

(3) For the purpose of this section, the Public Service Commission and the Executive Director of the Public Utilities Staff may each enter into professional services contracts with one or more attorneys or consultants from a competent, qualified and independent firm as may be required by the commission or the H.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 8(RKM\JAB)9(RKM\JAB) hasexecutive andirector. impact on any existing or proposed interstate rate, charge, allocation or classification.

(3) For the purpose of this section, the Public Service Commission and the Executive Director of the Public Utilities Staff may each enter into professional services contracts with one or more attorneys or consultants from a competent, qualified and independent firm as may be required by the commission or the executive director.

H.SECTION 5.

B.

No.

943 *HR31/R1569CS* ~ OFFICIAL ~ 25/HR31/R1569CS PAGE 9(RKM\JAB) SECTION 5.

Notwithstanding any other provision of law, and subject only to the limitations imposed in this chapter and in accordance with the provisions of this chapter, the Public Service Commission shall have exclusive original jurisdiction over the intrastate business and property of public utilities and, for purposes of clarification of the existing scope of said exclusive originalH. jurisdiction, such exclusive original jurisdiction extends, but is not limited to:

B.

No.

943 *HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569PH PAGE 10(RKM\JAB) original jurisdiction, such exclusive original jurisdiction extends, but is not limited to:

Further, the commission shall not have jurisdiction over the governance, management or other internal affairs of H.entities as described by paragraphs (b) and (c) below.

B.

No.

943 *HR31/R1569CS* ~ OFFICIAL ~ 25/HR31/R1569CS PAGE 10(RKM\JAB) entities as described by paragraphs (b) and (c) below.

(b) Of gas or electricity by cooperative gas or electric power associations to the members thereof as consumers, exceptH. as provided by Section 77-3-17, where service is rendered in a municipality;

B.

No.

943 *HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569PH PAGE 11(RKM\JAB) except as provided by Section 77-3-17, where service is rendered in a municipality;

However, the commission shall not commence any investigation or proceedings pursuant to such petition if at the time of filing the petition suit has been filed in any court of this state or of the United States with regard to the subject matter of the dispute and in which such public utility and customer are parties.

Any such petition shall be immediately dismissed if any such suit is filed after filing of the petition with the commission.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 11(RKM\JAB)12(RKM\JAB) However,(2) theIn commissionany shallarbitration notproceedings commencecommenced anyunder investigationthe orprovisions proceedingsof pursuantthis tosection, suchthe petitioncommission ifmay, atby theorder timeentered ofon filingits theminutes petitionand suitdelivery hasof beena filedcertified incopy anythereof courtto ofthe thispublic stateutility, ordirect ofany themunicipally Unitedowned Statesor withoperated regardpublic utility to provide the subjectcommission matterwith copies of theall disputestatements, accounts and inreports whichconcerning suchoperation of the public utility andwhich customerthe areutility parties.is required to provide the governing authorities of the municipality under Section 21-27-17.

Any such petition shall be immediately dismissed if any such suit is filed after filing of the petition with the commission.

(2) In any arbitration proceedings commenced under the provisions of this section, the commission may, by order entered on its minutes and delivery of a certified copy thereof to the public utility, direct any municipally owned or operated public utility to provide the commission with copies of all statements, accounts and reports concerning operation of the public utility which the utility is required to provide the governing authorities of the municipality under Section 21-27-17.

H.however, no suit may be commenced in any court of this state by either the public utility or customer based upon the facts giving rise to the dispute for a period of sixty (60) days after a petition is filed with the commission under this section.

(4) The provisions prescribed herein for the Public Service Commission to investigate, review and arbitrate disputes between a H.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 12(RKM\JAB)13(RKM\JAB) however,municipally noowned suitor mayoperated bepublic commencedutility inand anya courtcustomer of thissuch state by either the public utility orshall customernot basedextend upon the facts giving rise to thetort disputeactions. for a period of sixty (60) days after a petition is filed with the commission under this section.

(4) The provisions prescribed herein for the Public Service Commission to investigate, review and arbitrate disputes between a municipally owned or operated public utility and a customer of such public utility shall not extend to tort actions.

(2) No person shall construct, acquire, extend or operate equipment for manufacture, generating, transmitting or distributing electricity for any intrastate or interstate sale to or for the public for compensation without first having obtained from the commission a certificate that the present and future H.public convenience and necessity require or will require the operation of such equipment or facility.

Provided, however, nothing herein contained shall be construed to require a joint municipal electric power agency organized in accordance with the provisions of Section 77-5-201 et seq., Mississippi Code of 1972, H.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 13(RKM\JAB)14(RKM\JAB) publicto convenienceobtain andany necessitypermit, requirelicense, certificate or willapproval requirefrom the operationMississippi ofPublic suchService equipmentCommission. or facility.

Provided, however, nothing herein contained shall be construed to require a joint municipal electric power agency organized in accordance with the provisions of Section 77-5-201 et seq., Mississippi Code of 1972, to obtain any permit, license, certificate or approval from the Mississippi Public Service Commission.

(5) Upon complaints filed by not less than ten percent (10%) of the total subscribers or three thousand five hundred (3,500) subscribers of a public utility, whichever is less, then the H.commission shall hold a hearing on the adequacy of service as contemplated in Section 77-3-21.

(6) With respect to any facility or contract for a facility serving a customer under Section 77-3-271, nothing in this section shall supersede the provisions of Section 77-3-271.

H.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 14(RKM\JAB)15(RKM\JAB) commissionSECTION shall8. hold a hearing on the adequacy of service as contemplated in Section 77-3-21.

(6) With respect to any facility or contract for a facility serving a customer under Section 77-3-271, nothing in this section shall supersede the provisions of Section 77-3-271.

SECTION 8.

(2) The commission shall issue a certificate of convenience and necessity to any person engaged in the construction or operation of a sewage disposal service as mentioned in subsection (2) of Section 77-3-11 on August 9, 1968, for the construction or operation then being conducted, without requiring proof that public convenience and necessity will be served by such construction or operation, and without further proceedings, if application for such certificate is made to the commission within H.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 15(RKM\JAB)16(RKM\JAB) (2) of Section 77-3-11 on August 9, 1968, for the construction or operation then being conducted, without requiring proof that public convenience and necessity will be served by such construction or operation, and without further proceedings, if application for such certificate is made to the commission within six (6) months after August 9, 1968.

The commission may issue a certificate of public convenience and necessity, or refuse to issue the same or issue it for the establishment or construction of a portion only of the contemplated plant, route, line or system, or extension thereof, or for the partial exercise only of such right or privilege, and may attach to the exercise of the rights granted by the certificate such reasonable terms and conditions as to time or H.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 16(RKM\JAB)17(RKM\JAB) establishment or construction of a portion only of the contemplated plant, route, line or system, or extension thereof, or for the partial exercise only of such right or privilege, and may attach to the exercise of the rights granted by the certificate such reasonable terms and conditions as to time or otherwise as, in its judgment, the public convenience, necessity and protection may require, and may forfeit such certificate after issuance for noncompliance with its terms, or provide therein for an ipso facto forfeiture of the same for failure to exercise the rights granted within the time fixed by the certificate.

(4) The commission shall, prior to issuing a certificate of public convenience and necessity to a public utility for any new construction, extension or addition to its property, ascertain that all labor, materials, property or services to be rendered for H.any proposed project will be supplied at reasonable prices.

The commission shall, after issuance of a certificate for facilities estimated to cost Five Million Dollars ($5,000,000.00) or more or estimated to cost an amount equal to one percent (1%) of the rate base allowed by the commission in the utility's last rate case, H.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 17(RKM\JAB)18(RKM\JAB) whichever is greater, assign the public utilities staff to monitor such projects, to inspect periodically construction in progress, and to report to the commission any proposedvariances projector willdeviations beas suppliedfound, atif reasonableany, prices.and to file progress reports thereon with the commission.

The commission shall, after issuance of a certificate for facilities estimated to cost Five Million Dollars ($5,000,000.00) or more or estimated to cost an amount equal to one percent (1%) of the rate base allowed by the commission in the utility's last rate case, whichever is greater, assign the public utilities staff to monitor such projects, to inspect periodically construction in progress, and to report to the commission any variances or deviations as found, if any, and to file progress reports thereon with the commission.

and (b) extensions or additions of service facilities outside of municipalities under such general rules as will promote the prompt availability of such service to prospective users, and H.at the same time prevent unnecessary and uneconomic duplication of such facilities as between two (2) or more persons.

(6) Prior to the acquisition pursuant to Section 77-3-17, or other provisions of law, by any public agency, authority, district, state or other agency, institution or political subdivision thereof, of any certificate of public convenience and H.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 18(RKM\JAB)19(RKM\JAB) atnecessity or portion thereof, service areas or portion thereof, or operating rights or portion thereof, issued or granted by the samecommission timepursuant preventto unnecessarythe provisions of this section and/or the facilities or other properties and uneconomicequipment duplicationof the utility providing service therein of suchany facilitiesregulated utility, as betweendefined twoin (2)Section 77-3-3(d)(i), (ii) and (iii), the commission shall first determine if such service area, certificate of public convenience and necessity, or moreoperating persons.right, or portions thereof, should be cancelled as provided in Section 77-3-21.

(6)(7) PriorBefore to the acquisition pursuant to Sectionany 77-3-17,negotiated orpurchase otheragreement provisionsentered ofinto law,before 1987, by any public agency, authority, district, state or other agency, institution or political subdivision thereof, of any certificate of public convenience and necessity or portion thereof, service areas or portion thereof, or operating rights or portion thereof, issued or granted by the commission pursuant to the provisions of this section and/or the facilities or other properties and equipment of the utility providing service therein of any regulated utility,utility as defined in Section 77-3-3(d)(i), (ii) and (iii), the commission shall first shall determine ifthat such service area, certificate of public convenience and necessity, or operating right, or portions thereof, shouldshall be cancelled as provided in Section 77-3-21.

(7)(8) BeforeNotwithstanding the acquisition pursuant to any negotiatedprovision purchase agreement entered into before 1987, by any public agency, authority, district, state or other agency, institution or political subdivision thereof, of any certificate of public convenience and necessity or portion thereof, service areas or portion thereof, or operating rights or portion thereof, issued or granted by the commission pursuant to this section and/orto the facilitiescontrary, or other properties and equipment of the utilitycertificate providingas serviceapplied thereinfor ofmay anybe regulatedgranted utilitywithout defineda hearing in Sectionuncontested 77-3-3(d)(i),cases; the commission first shall determine that H.

however, the commission may hear any H.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 19(RKM\JAB)20(RKM\JAB) suchuncontested servicecase area,if certificateit ofdetermines publicthat conveniencethe andpublic necessity,interest orwill operating right, or portions thereof, shall be cancelledserved asthereby. provided in Section 77-3-21.

(8) Notwithstanding any provision of this section to the contrary, the certificate as applied for may be granted without a hearing in uncontested cases;

however, the commission may hear any uncontested case if it determines that the public interest will be served thereby.

In addition to such other rights as it may have to use the streets, alleys and public places of a municipality, a public utility which holds a certificate of public convenience and necessity granted under the provisions of this article covering the geographical area of such municipality, and which (1) is operating under a municipal franchise on March 29, 1956, or (2) shall have previously operated under such a municipal franchise which has expired within five (5) years prior to said date, or (3) which shall hereafter operate under a municipal franchise hereafter granted, may, after the expiration of any such franchise continue to use the streets, alleys and public places therein situated upon condition that (1) such utility shall pay the said municipality compensation therefor at the rate of two percent (2%) of said utility's gross revenue from sales to residential and commercial customers within said municipality, in the case of a utility defined in subparagraphs (i) and (ii) of paragraph (d) of Section 77-3-3 and in the case of a utility defined in subparagraph (iii) of paragraph (d) of said section, the said H.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 20(RKM\JAB)21(RKM\JAB) municipality compensation therefor at the rate of two percent (2%) of said utility's gross revenue from sales to residential and commercial customers within said municipality, in the case of a utility defined in subparagraphs (i) and (ii) of paragraph (d) of Section 77-3-3 and in the case of a utility defined in subparagraph (iii) of paragraph (d) of said section, the said utility shall pay two percent (2%) of the monthly service charges in said municipality whether said utility has a franchise to operate therein or not, such payments to be made quarterly of each year, and (2) after the expiration of such franchise the municipality, or any customer of such utility in such municipality, upon appropriate petition, shall be entitled to a hearing as to whether or not the certificate of convenience and necessity may then and thereafter be granted on a permanent basis.

provided, however, prior to any municipality exercising the right of eminent domain as provided herein, the commission shall determine that the certificate of public convenience and necessity granted to the utility pursuant to H.Section 77-3-13 for the service area wherein such facilities are located, shall be cancelled as provided in Section 77-3-21.

B.

No.

943 *HR31/R1569CS* ~ OFFICIAL ~ 25/HR31/R1569CS PAGE 21(RKM\JAB) Section 77-3-13 for the service area wherein such facilities are located, shall be cancelled as provided in Section 77-3-21.

Notwithstanding Section 77-3-1(1), if the commission determines that any privately owned water and/or sewer system,H. or any municipally owned or operated electric utility providing service greater than one (1) mile outside its municipal boundaries and within its jurisdiction is unable or unwilling to adequately serve its customers or has been actually or effectively abandoned by its owner, or that its management is grossly inefficient, irresponsible or unresponsive to the needs of its customers, the commission or its designated representative may petition the Chancery Court of the First Judicial District of Hinds County or the chancery court of any county wherein the public utility does business for an order attaching the assets of the privately owned water and/or sewer system or municipally owned or operated electric utility and placing such system under the sole control and responsibility of a receiver.

If the court determines that the petition is proper in all respects and finds, after a hearing thereon, the allegations contained in the petition are true, it shall order that the system be placed in receivership.

The court, in its discretion and in consideration of the recommendation of the commission or its designated representative, may appoint a receiver who shall be a responsible H.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 22(RKM\JAB) individual,system, partnership,or corporationany municipally owned or politicaloperated subdivisionelectric knowledgeableutility inproviding water,service sewergreater orthan electricone service(1) affairsmile outside its municipal boundaries and whowithin shallits maintainjurisdiction controlis andunable responsibilityor forunwilling theto operationadequately andserve its customers or has been actually or effectively abandoned by its owner, or that its management is grossly inefficient, irresponsible or unresponsive to the needs of its customers, the affairscommission or its designated representative may petition the Chancery Court of the First Judicial District of Hinds County or the chancery court of any county wherein the public utility does business for an order attaching the assets of the privately owned water and/or sewer system or municipally owned or operated electric utility and placing such system.system under the sole control and responsibility of a receiver.

If the court determines that the petition is proper in all respects and finds, after a hearing thereon, the allegations contained in the petition are true, it shall order that the system be placed in receivership.

The court, in its discretion and in consideration of the recommendation of the commission or its designated representative, may appoint a receiver who shall be a responsible individual, partnership, corporation or political subdivision knowledgeable in water, sewer or electric service affairs and who shall maintain control and responsibility for the operation and management of the affairs of such system.

The receiver shall beH. compensated from the assets of the system in an amount to be determined by the court.

B.

No.

943 *HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569PH PAGE 23(RKM\JAB) be compensated from the assets of the system in an amount to be determined by the court.

H.This section is in addition to the provisions of Section 77-3-21.

B.

No.

943 *HR31/R1569CS* ~ OFFICIAL ~ 25/HR31/R1569CS PAGE 23(RKM\JAB) This section is in addition to the provisions of Section 77-3-21.

In any county having a population of more than thirty-five thousand (35,000) but less than forty thousand (40,000),H. according to the most recent federal decennial census, any water or sewer system for which a finding is made under Section 49-17-44.1 or Section 77-3-22 by a court of competent jurisdiction that it is appropriate for a receiver to be appointed, the receiver shall give preference to a municipality within the county or to the governing authorities of the county in making any transfer of ownership of the water or sewer system.

B.

No.

943 *HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569PH PAGE 24(RKM\JAB) (40,000), according to the most recent federal decennial census, any water or sewer system for which a finding is made under Section 49-17-44.1 or Section 77-3-22 by a court of competent jurisdiction that it is appropriate for a receiver to be appointed, the receiver shall give preference to a municipality within the county or to the governing authorities of the county in making any transfer of ownership of the water or sewer system.

Such public utility, the rates of which are subject to regulation under the provisions of this article, H.may demand, collect and receive fair, just and reasonable rates for the services rendered or to be rendered by it to any person.

Rates prescribed by the commission shall be such as to yield a fair rate of return to the utility furnishing service, upon the reasonable value of the property of the utility used or useful in furnishing service.

H.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 24(RKM\JAB)25(RKM\JAB) may(2) demand,Such collectutility andshall receivefurnish fair,adequate, justefficient and reasonable ratesservice, forand may establish reasonable rules governing the servicesconduct renderedof orits tobusiness beand renderedthe byconditions under which it shall be required to anyrender person.service.

Rates prescribed by the commission shall be such as to yield a fair rate of return to the utility furnishing service, upon the reasonable value of the property of the utility used or useful in furnishing service.

(2) Such utility shall furnish adequate, efficient and reasonable service, and may establish reasonable rules governing the conduct of its business and the conditions under which it shall be required to render service.

The classification may, in any proper case, take into account the nature of the use, the H.quantity and quality used, the time when used, the purpose for which used, and any other reasonable consideration.

B.

No.

943 *HR31/R1569CS* ~ OFFICIAL ~ 25/HR31/R1569CS PAGE 25(RKM\JAB) quantity and quality used, the time when used, the purpose for which used, and any other reasonable consideration.

(1) Subject to the provisions of subsections (2) and (4) of this section, under such reasonable rules and regulations as the commission may prescribe, every public utility, asH. to the rates which are subject to regulation under the provisions of this article, shall file with the commission, within such time and in such form as the commission may designate, schedules showing such rates and charges established by it and collected and enforced, or to be collected or enforced within the jurisdiction of the commission.

B.

No.

943 *HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569PH PAGE 26(RKM\JAB) as to the rates which are subject to regulation under the provisions of this article, shall file with the commission, within such time and in such form as the commission may designate, schedules showing such rates and charges established by it and collected and enforced, or to be collected or enforced within the jurisdiction of the commission.

H.Utilities selling commodities or rendering any service to cooperatives, municipalities or other nonprofit organizations, shall, at the order of the commission, file schedules of such rates and charges for information purposes only.

The commission may provide, by rules and regulations to be adopted by it, the following:

(a) That utilities may contract with a manufacturer that is not a utility for furnishing the services or commodities H.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 26(RKM\JAB)27(RKM\JAB) Utilitiesdescribed sellingin commoditiesSection or77-3-3(d)(i), rendering(ii) any service to cooperatives, municipalities or other nonprofit organizations, shall, at the order of the commission, file schedules of such rates and charges(iii) for informationuse purposesin only.manufacturing;

The commission may provide, by rules and regulations to be adopted by it, the following:

(a) That utilities may contract with a manufacturer that is not a utility for furnishing the services or commodities described in Section 77-3-3(d)(i), (ii) and (iii) for use in manufacturing;

(2) (a) The Legislature recognizes that the maintenance of universal telephone service in Mississippi is a continuing goal of the commission and that the public interest requires that the commission be authorized and encouraged to formulate and adopt rules and policies that will permit the commission, in the exercise of its expertise, to regulate and control the provision of telecommunications services to the public in a changing environment where competition and innovation are becoming more H.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 27(RKM\JAB)28(RKM\JAB) (2) (a) The Legislature recognizes that the maintenance of universal telephone service in Mississippi is a continuing goal of the commission and that the public interest requires that the commission be authorized and encouraged to formulate and adopt rules and policies that will permit the commission, in the exercise of its expertise, to regulate and control the provision of telecommunications services to the public in a changing environment where competition and innovation are becoming more commonplace, giving due regard to the interests of consumers, the public, the providers of telecommunications services and the continued availability of good telecommunications service.

The commission may exercise its authority to ensure that these carriers, including commercial mobile radio service providers that H.receive federal eligible telecommunications status, comply with those standards, only to the extent permitted by and consistent with applicable federal laws and regulations.

The commission retains the authority to issue orders to implement its rules, regulations and the provisions of this chapter, including the authority to grant and modify, impose conditions upon, or revoke a certificate.

H.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 28(RKM\JAB)29(RKM\JAB) receive(b) federalThe eligiblecommission telecommunicationsmay, status,on complyits withown thosemotion standards,or onlyat tothe request of any interested party, enter an order, after notice and opportunity for hearing, determining and directing that, in the extentprovision permittedof a service or facility by a utility of the type defined in Section 77-3-3(d)(iii), competition or other market forces adequately protect the public interest, or that a service or facility offered by the utility is discretionary, and consistentthat withthe applicablepublic federalinterest lawsrequires that the utility's rates and regulations.charges for such service or facility shall not thereafter be subject to regulation by the commission.

The commission retains the authority to issue orders to implement its rules, regulations and the provisions of this chapter, including the authority to grant and modify, impose conditions upon, or revoke a certificate.

(b) The commission may, on its own motion or at the request of any interested party, enter an order, after notice and opportunity for hearing, determining and directing that, in the provision of a service or facility by a utility of the type defined in Section 77-3-3(d)(iii), competition or other market forces adequately protect the public interest, or that a service or facility offered by the utility is discretionary, and that the public interest requires that the utility's rates and charges for such service or facility shall not thereafter be subject to regulation by the commission.

H.(ii) Whether technological changes, competitive forces, discretionary nature of the service or facility, or regulation by other state and federal regulatory bodies render the exercise of jurisdiction by the Mississippi commission unnecessary or wasteful;

(iii) Whether the exercise of commission jurisdiction inhibits a regulated utility from competing with H.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 29(RKM\JAB)30(RKM\JAB) (ii)unregulated Whetherproviders technological changes, competitive forces, discretionary nature of thefunctionally servicesimilar ortelecommunications facility,services or regulationequipment; by other state and federal regulatory bodies render the exercise of jurisdiction by the Mississippi commission unnecessary or wasteful;

(iii) Whether the exercise of commission jurisdiction inhibits a regulated utility from competing with unregulated providers of functionally similar telecommunications services or equipment;

Likewise, after notice and opportunity for hearing, the commission may revoke a determination and direction made under this section, when the commission finds that commission regulation of the utility's rates and charges for H.the service or facility in question is necessary to protect the public interest.

(3) (a) The commission is authorized to consider and adopt alternative methods of regulation proposed by a utility of the type defined in Section 77-3-3(d)(i), (ii) or (iii) to establish rates for the services furnished by such utility that are fair, just and reasonable to the public and that provide fair, just and reasonable compensation to the utility for such services.

H.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 30(RKM\JAB)31(RKM\JAB) (b) For purposes of this subsection, the servicephrase or"alternative facilitymethods inof questionregulation" ismeans necessarythe toregulation protectof utility rates and charges by methods other than the publicrate interest.base or rate of return method of regulation set forth in other provisions of this article.

(3) (a) The commission is authorized to consider and adopt alternative methods of regulation proposed by a utility of the type defined in Section 77-3-3(d)(i), (ii) or (iii) to establish rates for the services furnished by such utility that are fair, just and reasonable to the public and that provide fair, just and reasonable compensation to the utility for such services.

(b) For purposes of this subsection, the phrase "alternative methods of regulation" means the regulation of utility rates and charges by methods other than the rate base or rate of return method of regulation set forth in other provisions of this article.

Therefore, subject to paragraph (d) of this subsection, the commission no longer has H.jurisdiction over the services, other than the provision of intrastate switched access service, provided by such public utilities.

(b) For those public utilities of the type defined in Section 77-3-3(d)(iii) that have been granted a suspension by the commission of the requirements of 47 USCS Section 251(b) and (c) as authorized by 47 USCS Section 251(f)(2), the commission, at the request of such public utility, shall enter an order, after notice H.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 31(RKM\JAB)32(RKM\JAB) jurisdictionand overopportunity thefor services,hearing, otherdetermining thanthat thesuch public utility's provision of intrastateservice switchedwill accessbe service,subject to the same level of regulation as provided byin paragraph (a) of this subsection, but only after the commission determines that such public utilities.utility has satisfied one (1) of the following conditions:

(b) For those public utilities of the type defined in Section 77-3-3(d)(iii) that have been granted a suspension by the commission of the requirements of 47 USCS Section 251(b) and (c) as authorized by 47 USCS Section 251(f)(2), the commission, at the request of such public utility, shall enter an order, after notice and opportunity for hearing, determining that such public utility's provision of service will be subject to the same level of regulation as provided in paragraph (a) of this subsection, but only after the commission determines that such public utility has satisfied one (1) of the following conditions:

or H.(iv) Has experienced a material reduction in access lines or minutes of use in two (2) consecutive years.

B.

No.

943 *HR31/R1569CS* ~ OFFICIAL ~ 25/HR31/R1569CS PAGE 32(RKM\JAB) (iv) Has experienced a material reduction in access lines or minutes of use in two (2) consecutive years.

The commission, upon request of the public utility, may returnH. such public utility to a form of regulation permitted under this section.

B.

No.

943 *HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569PH PAGE 33(RKM\JAB) return such public utility to a form of regulation permitted under this section.

(d) Nothing in this chapter shall be construed to affect the duties of an incumbent local exchange carrier arising under 47 USCS Sections 251 and 252 and the Federal Communications Commission's regulations implementing these sections, or the commission's authority to approve, arbitrate and enforce interconnection agreements and to resolve disputes pursuant to 47 USCS Sections 251 and 252 and the Federal Communications Commission's regulations implementing these sections or any other H.applicable federal law or regulation.

The commission shall exercise its jurisdiction in its role as a dispute resolution forum to hear complaints between certificated carriers, including complaints to prohibit anti-competitive practices and with respect to enforcement or modification of any wholesale self-effectuating enforcement mechanism plan in place as of July 1, 2011, and to issue orders to resolve such complaints, provided that such H.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 33(RKM\JAB)34(RKM\JAB) applicableactions federalare lawconsistent orwith regulation.federal telecommunications law.

The commission shall exercise its jurisdiction in its role as a dispute resolution forum to hear complaints between certificated carriers, including complaints to prohibit anti-competitive practices and with respect to enforcement or modification of any wholesale self-effectuating enforcement mechanism plan in place as of July 1, 2011, and to issue orders to resolve such complaints, provided that such actions are consistent with federal telecommunications law.

No other party shall be allowed to participate in any such complaint proceeding, H.except for the customer, legal counsel or other representative of the customer, or the public utility involved.

(f) A public utility of the type defined in Section 77-3-3(d)(iii) which is regulated under the provisions of paragraph (a) of this subsection shall not be required to file financial, service quality or other information with the commission.

The calculation of the public utility regulatory tax H.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 34(RKM\JAB)35(RKM\JAB) exceptestablished forin theSection customer,77-3-87 legalshall counselbe orbased otherupon representativeninety thousandths of one percent (90/1000 of 1%) per year of the customer,gross orrevenues from the intrastate operations of such public utility involved.which is subject to regulation under the provision of paragraph (a) of this subsection.

(f) A public utility of the type defined in Section 77-3-3(d)(iii) which is regulated under the provisions of paragraph (a) of this subsection shall not be required to file financial, service quality or other information with the commission.

The calculation of the public utility regulatory tax established in Section 77-3-87 shall be based upon ninety thousandths of one percent (90/1000 of 1%) per year of the gross revenues from the intrastate operations of such public utility which is subject to regulation under the provision of paragraph (a) of this subsection.

If no term applied to such products or services at the time such customer subscribed to such products or services, then the rates, terms and H.conditions governing such products or services shall remain in effect until a written customer service agreement becomes effective as described in subparagraph (ii) of this paragraph (g).

(ii) Except as provided in subparagraph (i) of this paragraph (g), the service provider shall offer existing and new customers a written customer service agreement, which in the case of new customers shall be delivered no later than thirty (30) H.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 35(RKM\JAB)36(RKM\JAB) conditionsdays governingafter suchthe productsinitiation or services shall remain in effect until a written customer service agreement becomes effective as described in subparagraph (ii) of thisservice. paragraph (g).

(ii) Except as provided in subparagraph (i) of this paragraph (g), the service provider shall offer existing and new customers a written customer service agreement, which in the case of new customers shall be delivered no later than thirty (30) days after the initiation of service.

H.The customer service agreement shall be deemed received three (3) business days after deposit in the United States mail, first-class delivery.

(iii) If any service provider desires to modify in any respect any rates, terms or conditions of a customer service agreement, it shall provide at least thirty (30) days' prior written notice of the modification and the proposed effective date H.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 36(RKM\JAB)37(RKM\JAB) Theto customer service agreement shall be deemed received three (3) business days after deposit in the Unitedcustomer. States mail, first-class delivery.

(iii) If any service provider desires to modify in any respect any rates, terms or conditions of a customer service agreement, it shall provide at least thirty (30) days' prior written notice of the modification and the proposed effective date to the customer.

H.(5) With respect to any facility or contract for a facility serving a customer under Section 77-3-271, nothing in this section shall supersede the provisions of Section 77-3-271.

B.

No.

943 *HR31/R1569CS* ~ OFFICIAL ~ 25/HR31/R1569CS PAGE 37(RKM\JAB) (5) With respect to any facility or contract for a facility serving a customer under Section 77-3-271, nothing in this section shall supersede the provisions of Section 77-3-271.

(1) No public utility shall make any change in any rate which has been duly established under this chapter, except as providedH. in this chapter.

B.

No.

943 *HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569PH PAGE 38(RKM\JAB) provided in this chapter.

The proposed changes may be shown by filing new schedules, by plainly indicating the changes upon schedules filed and in force at the time and kept open to public inspection or by such other manner as H.will clearly indicate the rates to be changed and the rates proposed.

B.

No.

943 *HR31/R1569CS* ~ OFFICIAL ~ 25/HR31/R1569CS PAGE 38(RKM\JAB) will clearly indicate the rates to be changed and the rates proposed.

(2)H. The commission shall establish by rule and regulation a standard requirement list of documentation to be filed with or to be included in every notice of intent.

B.

No.

943 *HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569PH PAGE 39(RKM\JAB) (2) The commission shall establish by rule and regulation a standard requirement list of documentation to be filed with or to be included in every notice of intent.

H.(e) A pro forma operating statement in the same form as the actual operating statement showing estimate of revenue and expenses for the twelve-month period beginning with the effective date of the changed rates (i) without giving effect to the changed rates and (ii) giving effect to the changed rates;

(f) A pro forma operating statement in the same form as the actual operating statement for the same period giving effect H.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 39(RKM\JAB)40(RKM\JAB) (e)to Athe proproposed formachanges operating statement in therates same form as the actual operating statement showing estimate of revenue and expensesadjusted for theknown twelve-monthchanges periodin beginning with the effectivecost date of theoperations; changed rates (i) without giving effect to the changed rates and (ii) giving effect to the changed rates;

(f) A pro forma operating statement in the same form as the actual operating statement for the same period giving effect to the proposed changes in rates and adjusted for known changes in the cost of operations;

(m) The rate and amount of dividends paid during the five (5) previous fiscal years, and the amount of capital stock on which dividends were paid each year;

(n) An analysis of surplus covering the period from the close of the last calendar year for which an annual report has been filed with the commission to the date of the balance sheet attached to the notice.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 40(RKM\JAB)41(RKM\JAB) (m)(3) The ratecommission andmay, amountby ofrule dividendsand paidregulation, duringrequire the fiveutility (5)filing previousa fiscalnotice years,of andintent to change rates to supplement the amountabove ofdata capitalwith stocksuch onother whichinformation dividendsas werethe paidcommission eachor year;the public utilities staff may reasonably request.

(n) An analysis of surplus covering the period from the close of the last calendar year for which an annual report has been filed with the commission to the date of the balance sheet attached to the notice.

(3) The commission may, by rule and regulation, require the utility filing a notice of intent to change rates to supplement the above data with such other information as the commission or the public utilities staff may reasonably request.

(e) A properly prepared, complete, detailed lead-lag study for the test year for the total company, Mississippi retail, other retail jurisdictions and Federal Energy Regulatory Commission wholesale rates in support of the public utility's total working capital requirement contained therein, including all working papers in support thereof;

(f) Direct testimony proposed to be offered at a hearing.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 41(RKM\JAB)42(RKM\JAB) (e)(5) AThe properlynotice prepared,of complete,intent detailedfor lead-lagmajor studychanges forin therates testas yeardefined forin thesubsection total(8) company,of Mississippithis retail,section othershall retailstate jurisdictionsthe andtest Federalperiod Energyadopted Regulatoryby Commissionthe wholesalepublic ratesutility in support of theits publicproposed utility'srate totalchanges, workingwhich capitalmay requirementbe containeda therein,twelve-month includingperiod allbeginning workingwith papersthe proposed effective date of the rates proposed in supportthe thereof;notice.

(f) Direct testimony proposed to be offered at a hearing.

(5) The notice of intent for major changes in rates as defined in subsection (8) of this section shall state the test period adopted by the public utility in support of its proposed rate changes, which may be a twelve-month period beginning with the proposed effective date of the rates proposed in the notice.

H.(7) (a) When the rates in a notice of intent are suspended by commission order, the commission may issue a scheduling order which establishes deadlines for submitting data requests, responding to data requests, conducting prehearing conferences and hearings and disposing of other matters necessary for the orderly disposition of the case.

(b) The public utilities staff and all intervenors or protestants shall file all direct testimony, exhibits and other information which is to be relied upon regarding the proposed H.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 42(RKM\JAB)43(RKM\JAB) (7)changes (a)within Wheneighty the(80) ratesdays infrom a notice of intent are suspended by commission order, the commissionfiling may issue a scheduling order which establishes deadlines for submitting data requests, responding to data requests, conducting prehearing conferences and hearings and disposing of othersuch mattersnotice necessary for the orderly disposition of theintent. case.

(b) The public utilities staff and all intervenors or protestants shall file all direct testimony, exhibits and other information which is to be relied upon regarding the proposed changes within eighty (80) days from the filing of such notice of intent.

"Major changes" means (a) an increase in rates which would increase the annual revenues of such public utility more than the greater of One Hundred Thousand Dollars ($100,000.00) or two percent (2%), but shall not include changes in rates allowed to go into effect H.by the commission or made by the public utility pursuant to an order of the commission after hearings held upon notice to the public, or (b) a change in the rate design which has a significant impact on a class or classes of ratepayers.

(9) For all major changes in rates and schedules as defined in subsection (8) of this section, a public utility as defined in Section 77-3-3(d)(iv) shall provide, not later than twenty (20) days after filing the notice of intent to change rates, notice of such proposed change within each affected customer's bill or H.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 43(RKM\JAB)44(RKM\JAB) byinvoice theand commissionin ora madenewspaper byhaving thegeneral publiccirculation utilityin pursuant to an order of the commissionarea afterwhere hearingsservice heldis uponbeing noticeprovided toby the public,public orutility. (b) a change in the rate design which has a significant impact on a class or classes of ratepayers.

(9) For all major changes in rates and schedules as defined in subsection (8) of this section, a public utility as defined in Section 77-3-3(d)(iv) shall provide, not later than twenty (20) days after filing the notice of intent to change rates, notice of such proposed change within each affected customer's bill or invoice and in a newspaper having general circulation in the area where service is being provided by the public utility.

(1) Whenever there is filed with the commission by any public utility any notice of intent to change rates pursuant H.to the provisions of Section 77-3-37, the commission, if it so orders within thirty (30) days after the date such notice of intent is filed, shall hold a hearing to determine the reasonableness and lawfulness of such rate change.

B.

No.

943 *HR31/R1569CS* ~ OFFICIAL ~ 25/HR31/R1569CS PAGE 44(RKM\JAB) to the provisions of Section 77-3-37, the commission, if it so orders within thirty (30) days after the date such notice of intent is filed, shall hold a hearing to determine the reasonableness and lawfulness of such rate change.

(2)H. Pending such hearing and the decision thereon, the commission may, at any time before they become effective, suspend the operation of such rate or rates, but not for a period longer than one hundred twenty (120) days beyond the date of the filing of the notice of intent, except as provided in subsections (15) and (16) of this section.

B.

No.

943 *HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569PH PAGE 45(RKM\JAB) (2) Pending such hearing and the decision thereon, the commission may, at any time before they become effective, suspend the operation of such rate or rates, but not for a period longer than one hundred twenty (120) days beyond the date of the filing of the notice of intent, except as provided in subsections (15) and (16) of this section.

(b) designation of specific issues upon which H.evidence will be taken;

B.

No.

943 *HR31/R1569CS* ~ OFFICIAL ~ 25/HR31/R1569CS PAGE 45(RKM\JAB) evidence will be taken;

(c) the possibility of obtaining admissions or stipulations that will avoid unnecessary proof;H.

B.

No.

943 *HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569PH PAGE 46(RKM\JAB) proof;

H.(8) After the prehearing conference and no later than ten (10) days prior to the date set by the commission for a hearing:

(a) The public utilities staff shall submit to the commission all final exhibits, prepared testimony and evidence, and shall serve copies on all interested parties of record, which documents shall reflect the agreements made at the prehearing conference;

(b) The utility shall provide an exhibit indicating which portion, if any, of the public utilities staff's H.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 46(RKM\JAB)47(RKM\JAB) (8)presentation Afterand thethat prehearingof conferenceother andparties noit lateris thanprepared tento (10)accept daysand priorbe tofree of future litigation, showing thereon the dateeffect setof bysuch acceptance on the commissionapplicant's request for asuch hearing:changes, and shall serve copies on all parties of record;

(a) The public utilities staff shall submit to the commission all final exhibits, prepared testimony and evidence, and shall serve copies on all interested parties of record, which documents shall reflect the agreements made at the prehearing conference;

(b) The utility shall provide an exhibit indicating which portion, if any, of the public utilities staff's presentation and that of other parties it is prepared to accept and be free of future litigation, showing thereon the effect of such acceptance on the applicant's request for such changes, and shall serve copies on all parties of record;

(9) If, after such hearing or abbreviated proceeding, the commission shall find any such rate or rates to be unjust, unreasonable or unreasonably discriminatory, or in anywise in violation of the law, the same shall be set aside, and the commission shall determine and fix by order such rate or rates as will yield a fair rate of return to the public utility for furnishing service to the public and shall make and file its H.conclusions and findings of facts supporting such order.

A copy of such order shall be served upon the utility in the manner provided in this chapter, and the rates fixed by the commission shall be the legal rates until changed as prescribed by this chapter.

(10) Notwithstanding anything to the contrary contained in this chapter, the commission shall hold the hearing, render its decision and enter its order not more than one hundred twenty (120) days after the date of the filing of the said notice of H.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 47(RKM\JAB)48(RKM\JAB) conclusionsintent. and findings of facts supporting such order.

A copy of such order shall be served upon the utility in the manner provided in this chapter, and the rates fixed by the commission shall be the legal rates until changed as prescribed by this chapter.

(10) Notwithstanding anything to the contrary contained in this chapter, the commission shall hold the hearing, render its decision and enter its order not more than one hundred twenty (120) days after the date of the filing of the said notice of intent.

During any such period when suspended rates are in effect under bond or other arrangement the H.commission may, in its discretion, require that the public utility involved shall keep an accurate account of payments made under the rate or rates which the public utility has put into operation in excess of the rate or rates in effect immediately prior thereto.

(11) In addition to the other remedies provided by law, should there be an appeal of the commission's final order, the commission shall allow the utility to place such portion of the schedule of rates that is approved by the commission in such final order into effect under refunding bond or other arrangements H.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 48(RKM\JAB)49(RKM\JAB) commissionsatisfactory may,to in its discretion, require that the publiccommission utilityfor involved shall keep an accurate account of payments made under the rateprotection or rates which the public utility has put into operation in excess of theparties rateinterested. or rates in effect immediately prior thereto.

(11) In addition to the other remedies provided by law, should there be an appeal of the commission's final order, the commission shall allow the utility to place such portion of the schedule of rates that is approved by the commission in such final order into effect under refunding bond or other arrangements satisfactory to the commission for the protection of parties interested.

H.(13) Any bond, or other arrangements, approved by the commission pursuant to subsection (11) of this section shall be in such amount and with sufficient sureties to insure the prompt payment of any refunds if the rates so put into effect are finally determined by the commission or the courts to be excessive.

(14) For purposes of subsections (9), (11) and (12) of this section, the term "final order" means an order of the commission promulgated pursuant to subsection (9) of this section or, in the event of a rehearing conducted pursuant to Section 77-3-65, means H.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 49(RKM\JAB)50(RKM\JAB) (13)an Anyorder bond, or other arrangements, approved by the commission pursuant to subsection (11) of this section shall be in such amount and with sufficient sureties to insure the prompt payment of any refunds if the rates so put into effect are finally determined by the commission orpromulgated thesubsequent courts to besuch excessive.rehearing.

(14) For purposes of subsections (9), (11) and (12) of this section, the term "final order" means an order of the commission promulgated pursuant to subsection (9) of this section or, in the event of a rehearing conducted pursuant to Section 77-3-65, means an order of the commission promulgated subsequent to such rehearing.

H.(16) When a notice of intent to change rates is filed with the commission, said notice shall be assigned a docket number and the commission shall examine the filing to determine if it contains the standard requirement list of documentation set out in Section 77-3-37(2) and (4), if applicable, and in any rules and regulations adopted by the commission under Section 77-3-37(2).

Within five (5) days from the date said notice is filed, the commission shall notify the filing utility in writing of its failure to include with its notice any items included in such standard requirement list of documentation.

Such notification H.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 50(RKM\JAB)51(RKM\JAB) (16)shall Whenspecify athe noticeitem ofor intentitems tonot change rates is filed with the commission, said noticenotice. shall be assigned a docket number and the commission shall examine the filing to determine if it contains the standard requirement list of documentation set out in Section 77-3-37(2) and (4), if applicable, and in any rules and regulations adopted by the commission under Section 77-3-37(2).

Within five (5) days from the date said notice is filed, the commission shall notify the filing utility in writing of its failure to include with its notice any items included in such standard requirement list of documentation.

Such notification shall specify the item or items not filed with said notice.

Notwithstanding the 120-day time period imposed on the commission to render its decision and enter its order under subsections (2) H.and (10) of this section and the 80-day time period imposed on the public utilities staff, intervenors or * * * protestors for the filing of all direct testimony, exhibits and other information under Section 77-3-37(7)(b), if the filing utility is granted additional time within which to file the omitted item or items, said 120-day and the 80-day time periods shall be extended by the number of days between the date of the commission's order granting the extension and the date such omitted items are filed with the commission, but such extension of said 120-day and 80-day time periods shall not exceed thirty (30) days.

H.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 51(RKM\JAB)52(RKM\JAB) and(17) (10)With ofrespect thisto sectionany andfacility the 80-day time period imposed on the public utilities staff, intervenors or *contract * * protestors for thea filingfacility ofserving alla directcustomer testimony, exhibits and other information under Section 77-3-37(7)(b),77-3-271, ifnothing thein filingthis utilitysection is granted additional time within which to file the omitted item or items, said 120-day and the 80-day time periods shall besupersede extended by the numberprovisions of daysSection between77-3-271. the date of the commission's order granting the extension and the date such omitted items are filed with the commission, but such extension of said 120-day and 80-day time periods shall not exceed thirty (30) days.

(17) With respect to any facility or contract for a facility serving a customer under Section 77-3-271, nothing in this section shall supersede the provisions of Section 77-3-271.

(2) The commission shall have power, when deemed by it necessary to prevent injury to the business or interest of the people or any public utility of this state in case of any emergency, to permit any public utility to alter, amend or suspend temporarily any existing rates, schedules and orders relating to or affecting any public utility or part of any public utility in this state except as provided in Section 77-3-42.

(3) With respect to any facility or contract for a facility serving a customer under Section 77-3-271, nothing in this section shall supersede the provisions of Section 77-3-271.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 52(RKM\JAB)53(RKM\JAB) (2)SECTION The17. commission shall have power, when deemed by it necessary to prevent injury to the business or interest of the people or any public utility of this state in case of any emergency, to permit any public utility to alter, amend or suspend temporarily any existing rates, schedules and orders relating to or affecting any public utility or part of any public utility in this state except as provided in Section 77-3-42.

(3) With respect to any facility or contract for a facility serving a customer under Section 77-3-271, nothing in this section shall supersede the provisions of Section 77-3-271.

SECTION 17.

(b) the portion of the cost H.which has been consumed by previous use recovered by depreciation expense;

(c) 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 proceedings before the commission, or if such rate has not been established within the preceding three (3) years, then the average rate of return actually earned on equity during the preceding three (3) years;

(d) any other elements H.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 53(RKM\JAB)54(RKM\JAB) whichdeemed hasby beenthe consumedcommission byto previousbe usematerial recoveredin bydetermining depreciationthe expense;rate base for rate-making purposes.

(c) 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 proceedings before the commission, or if such rate has not been established within the preceding three (3) years, then the average rate of return actually earned on equity during the preceding three (3) years;

(d) any other elements deemed by the commission to be material in determining the rate base for rate-making purposes.

H.(3) Whenever the commission is required in administering this chapter to find the value of gas in the field where produced, such value shall be determined as the amount paid therefor by the public utility in the field pursuant to arm's length contract;

and in the absence of such arm's length contract, the fair market value of such gas as a commodity in the field.

(4) The commission, in its discretion, when requested by petition of a rate-jurisdictional public utility providing water service as defined in Section 77-3-3(d)(iv), may allow to be H.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 54(RKM\JAB)55(RKM\JAB) (3)recovered Whenever the commission is required in administeringrates this chapter to find the valuereasonable costs of gasused inand theuseful fieldfacilities wheredeemed produced,necessary suchfor valuefire shallprotection. be determined as the amount paid therefor by the public utility in the field pursuant to arm's length contract;

and in the absence of such arm's length contract, the fair market value of such gas as a commodity in the field.

(4) The commission, in its discretion, when requested by petition of a rate-jurisdictional public utility providing water service as defined in Section 77-3-3(d)(iv), may allow to be recovered in rates the reasonable costs of used and useful facilities deemed necessary for fire protection.

If any public utility, other than a municipality, shall fail or refuse to construct within its certificated area any facilities necessary to provide public utility service, or shall fail or refuse to make written commitment to do so, within a reasonable time after written request for such service by any owner of property, which request shall specify with reasonable particularity the type of service desired, such owner may, in addition to any other legal or administrative remedy provided by H.law and either separately or jointly with any other owner or owners in the area affected, pursue either of the following alternatives or a combination thereof:

(a) In the name of such owner or jointly with any other person, firm or corporation, pursuant to the provisions of Section 77-3-13, apply to the Mississippi Public Service Commission for a certificate of public convenience and necessity to construct the appropriate facilities for furnishing such service or services and to furnish the same within the area affected, and, provided the H.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 55(RKM\JAB)56(RKM\JAB) lawcommission andfinds eitherthat separatelythe orcancellation jointlyof withthe anyoutstanding othercertificate ownerwould orbe owners in the areabest affected,interest pursueof eitherthe ofconsuming public as provided by Section 77-3-21, the followingfact alternativesthat a certificate for the same type service or aservices combinationmay thereof:have been previously issued to the public utility failing or refusing to furnish such service shall not be prejudicial to such application;

(a) In the name of such owner or jointly with any other person, firm or corporation, pursuant to the provisions of Section 77-3-13, apply to the Mississippi Public Service Commission for a certificate of public convenience and necessity to construct the appropriate facilities for furnishing such service or services and to furnish the same within the area affected, and, provided the commission finds that the cancellation of the outstanding certificate would be in the best interest of the consuming public as provided by Section 77-3-21, the fact that a certificate for the same type service or services may have been previously issued to the public utility failing or refusing to furnish such service shall not be prejudicial to such application;

If, after such notice and opportunity for protest and hearing thereon, the commission shall approve such plans or any modification thereof as being supported by present or future public convenience and necessity, the owner may give notice as hereinafter provided and then proceed to let contracts for the construction of the same or to construct the same and, upon proper completion thereof and conveyance or assignment of such facilities and easements to the utility, the holder of the certificate for the area and service affected shall H.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 56(RKM\JAB)57(RKM\JAB) opportunity for protest and hearing thereon, the commission shall approve such plans or any modification thereof as being supported by present or future public convenience and necessity, the owner may give notice as hereinafter provided and then proceed to let contracts for the construction of the same or to construct the same and, upon proper completion thereof and conveyance or assignment of such facilities and easements to the utility, the holder of the certificate for the area and service affected shall be obliged promptly to connect the same to its systems and provide such service.

Any person, firm, copartnership or corporation doing business in the State of Mississippi and engaged in the sale or distribution of electricity, gas or water, whose rates or tariffs for such service contain any form of so-called "service charge," shall be required to have fair and reasonable optional H.rate schedules and minimum charges that do not contain any form of such so-called "service charge," so that the consumer may exercise his option as to the form of rate schedule under which said consumer will be billed for service used.

Such optional rate schedules shall not require the payment for each unit of electricity, gas, or water consumed, at a rate in excess of the rates per unit prescribed for use which were in effect prior to H.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH PAGE 57(RKM\JAB)58(RKM\JAB) ratethe schedulesestablishment and minimum charges that do not contain any form of sucha so-called "service charge,"charge" soby thatsuch theperson, consumerfirm mayor exercisecorporation hisaffected optionhereby. as to the form of rate schedule under which said consumer will be billed for service used.

Such optional rate schedules shall not require the payment for each unit of electricity, gas, or water consumed, at a rate in excess of the rates per unit prescribed for use which were in effect prior to the establishment of a "service charge" by such person, firm or corporation affected hereby.

H.SECTION 23.

B.

No.

943 *HR31/R1569CS* ~ OFFICIAL ~ 25/HR31/R1569CS PAGE 58(RKM\JAB) SECTION 23.

(b) To any municipally owned and/or operated public service utility, the net income of which said utility is used solelyH. for governmental purposes and/or for the discharge of governmental obligations and not for private gain;

B.

No.

943 *HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569PH PAGE 59(RKM\JAB) solely for governmental purposes and/or for the discharge of governmental obligations and not for private gain;

This act shall take effect and be in force from and after July 1, 2025, and shall stand repealed on June 30, 2025.

943 *HR31/R1569CS**HR31/R1569PH* ~ OFFICIAL ~ 25/HR31/R1569CS25/HR31/R1569PH ST:

authorize to PAGE 59(RKM\JAB)60(RKM\JAB) intervene in, arbitrate and/or mediate rate conflicts between water associations and rate payers.