Jurisdiction and powers of commission

Miss. Code Ann. § 77-3-5, under Certificates of Public Convenience and Necessity; Rates; Service.

Miss. Code Ann. § 77-3-5

(1) 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 original jurisdiction, such exclusive original jurisdiction extends, but is not limited to: the establishment of retail rates; challenges, including customer complaints, to the amount of a retail rate or customer bill or whether such rate is just and reasonable; and challenges to the validity or accuracy of rates charged by a public utility, or to the accuracy or reliability of information submitted to the Public Service Commission by a public utility or other person in support of or in opposition to a proposed or approved rate, regardless of the legal theory upon which any such challenge is made. The commission shall not have jurisdiction for the production and gathering of natural gas or the sale and/or distribution in or within the vicinity of the field where produced, or over the facilities and equipment utilized in any such operations, including, but not limited to, such facilities as separators, scrubbers and gasoline plants of all types. Further, the commission shall not have jurisdiction over the governance, management or other internal affairs of entities as described by paragraphs (b) and (c) below. Moreover, the commission shall not have jurisdiction to regulate the rates for the sales and/or distribution: (a) Of adequately provided gas, water, electricity and sewage disposal services by municipalities to customers located within and including one (1) mile outside of their corporate boundaries;(b) Of gas or electricity by cooperative gas or electric power associations to the members thereof as consumers, except as provided by Section 77-3-17, where service is rendered in a municipality;(c) Of water or sewage disposal service by nonprofit corporations or associations where the governing body of such corporation or association is elected by the consumers thereof or appointed by the county board of supervisors; or(d) Of water by districts organized under the provisions of Chapter 45, Laws of 1966-1967, Extraordinary Session.

(a) Of adequately provided gas, water, electricity and sewage disposal services by municipalities to customers located within and including one (1) mile outside of their corporate boundaries;

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

(c) Of water or sewage disposal service by nonprofit corporations or associations where the governing body of such corporation or association is elected by the consumers thereof or appointed by the county board of supervisors; or

(d) Of water by districts organized under the provisions of Chapter 45, Laws of 1966-1967, Extraordinary Session.

(2) Notwithstanding any other provision of law, the Public Service Commission shall have the authority to contract with third-party firms to conduct annual audits of municipally owned and operated public utilities only if a public utility receives a “D” or “F” rating from the Department of Health according to the provisions of Sections 41-26-201 through 41-26-211, by request of the mayor of the municipality, or by request of a supermajority of either the board of alderman or city council of the municipality. The cost of such review is to be borne by the particular public utility subject to the review. The findings of such audits shall be reported to the Public Service Commission and the Public Utilities Staff by December 1 each year. Violation of this subsection (2) shall result in a civil fine to be set by the Public Service Commission.