Title 77, Public Utilities and Carriers

To the extent necessary in the judgment of the board to make effective the powers conferred by this article, the district shall have the power to acquire, own, operate, maintain and/or improve a generating and/or transmission system or systems outside the State of Mississippi.

Each district shall have power and is hereby authorized from time to time to issue its bonds in anticipation of its revenues. Said bonds may be issued for any corporate purpose or purposes of such district. Said bonds shall be authorized by resolution of the board of such distric…

(a) In addition to all other remedies, any holder of a bond of any district incorporated under this article, including a trustee for bondholders, shall have the right, subject to any contractual limitations binding upon such bondholders or trustee, and subject to the prior or sup…

After all proper charges against the revenues of a district have been made, any surplus remaining shall be devoted solely to the reduction of rates.

All moneys of a district, from whatever source derived, shall be deposited in one or more banks or trust companies, and, if the district shall so require, each of such accounts shall be continuously secured by a pledge of direct obligations of the United States of America or of t…

Any municipality situated within the territorial limits of a district and any county a part of which is so situated, may advance funds to such district to pay the preliminary organization and administration expenses thereof, on such terms of repayment as the governing body of suc…

All districts and their property shall be liable for taxes and shall be taxed and assessed in the same manner and to the same extent as privately owned utilities.

This article is for the public purpose of promoting the increased use of electricity in the urban and rural areas of this state, and of enabling the residents thereof to secure the benefit of the surplus power generated or to be generated by the Tennessee Valley Authority at Wils…

This article may be cited as the “Electric Power Association Law.”

(a) The following terms whenever used or referred to in this article shall have the following meanings, unless a different meaning clearly appears from the context:(a) “Corporation” shall mean a corporation formed under this article or operating under this article pursuant to Sec…

Three (3) or more natural persons may, by executing, filing and recording a certificate as hereafter provided in this article, form a corporation not organized for pecuniary profit for the purpose of promoting and encouraging the fullest possible use of electric energy by making …

(a) The certificate of incorporation shall state:(a) The name of the corporation, which name shall include the words “electric power association” or “electric cooperative” and shall be such as to distinguish it from any other corporation organized and existing under the laws of t…

The name of a corporation shall include either the words “electric power association” or “electric cooperative.” The words “electric power association” and the words “electric cooperative” shall not be used in the corporate name of any corporation other than those formed pursuant…

The natural persons executing the certificate of incorporation shall be residents of the territory in which the principal operations of the corporation are to be conducted, who are desirous of using electric energy to be furnished by the corporation. The certificate of incorporat…

Any existing corporations under the laws of the State of Mississippi organized for the same general purposes as the corporations provided for by this article may be chartered under this article by filing with the secretary of state a certificate, approved by a majority of the boa…

A corporation may amend its certificate of incorporation to change its corporate name, to increase or reduce the number of its directors, or to change any other provisions therein. Notwithstanding any provisions of a corporation’s certificate of incorporation to the contrary, if …

(a) Any two (2) or more corporations may enter into an agreement for the consolidation of such corporations. Such agreement, which may or may not require the dissolution of one or both of the corporations as provided in Section 77-5-219, shall set forth the terms and conditions o…

(a) Upon complying with the requirements of Section 77-5-217 or 77-5-237, a corporation may be dissolved by filing, as hereinafter provided, a certificate which shall be entitled and indorsed “certificate of dissolution of ” (the blank space being filled in with the name of the c…

A corporation shall have a board of directors, and the powers of the corporation shall be vested in and exercised by such board of directors. The directors of the corporation, other than those named in a certificate of incorporation, shall be elected annually by the members entit…

(a) The board of a corporation shall have power to do all things necessary or convenient in conducting the business of the corporation, including, but not limited to:(a) To adopt and amend bylaws for the management and regulation of the affairs of the corporation. The bylaws of a…

Except as hereinafter provided, the corporate purpose of a corporation shall be to render service to its members only. Any person may become and remain a member if such person shall use energy supplied by such corporation and shall comply with the terms and conditions in respect …

A corporation may issue to its members certificates of membership in such form as the bylaws may prescribe. Each member shall be entitled to only one (1) vote on each matter submitted to a vote at the meetings of the members of the corporation, but voting by proxy, by mail or ele…

A corporation is hereby vested with all power necessary or requisite for the accomplishment of its corporate purpose, and no enumeration of particular powers hereby granted in this article shall be construed to impair any general grant of power herein contained, or to limit any s…

(1) A corporation shall have power to do any and all acts or things necessary or convenient for carrying out the purposes for which it was formed, including, but not limited to:(a) To sue and be sued.(b) To have a seal and alter the same at pleasure.(c) To acquire, hold and dispo…

To the extent necessary in the judgment of its board to make effective the powers conferred by this article, a corporation shall continue to have the power to acquire, construct, own, invest in, operate, maintain, and/or improve generating and/or transmission assets.

(1) A corporation shall have the power to fix, adjust, charge, collect and pay reasonable rates for electric energy and other facilities, supplies, equipment, products, commodities, goods and services furnished by, offered by or furnished to the corporation. All rates of a corpor…

(1) A corporation may sell, lease, exchange or otherwise dispose of all, or substantially all, of its property only if all of the following conditions are satisfied:(a) The proposed purchaser shall file with the board of directors of the corporation and the Public Service Commiss…

A corporation shall have the power to incur obligations and liabilities, borrow money, issue notes, bonds, certificates of indebtedness and other obligations, and to enter into contracts of guaranty.

Any note, bond, or other indebtedness issued by a corporation may bear such interest rate or rates as may be determined by the board of directors of the corporation.

A corporation shall have the power to execute and deliver any of one or more mortgages, deeds of trust, financing statements, or other instruments to secure debt covering, or to create by other means a security interest in, any or all of the real or personal property assets, righ…

A corporation shall have power out of any funds available therefor to purchase any bonds issued by it at a price not exceeding the principal amount thereof and accrued interest thereon. All bonds so purchased shall be canceled.

All monies of a corporation from whatever source derived, shall be deposited or prudently invested in one or more banks, trust companies, or financial institutions, as may be approved by the board of directors, and, if the corporation shall so require, each of such accounts shall…

A corporation and its property shall be taxed and assessed in accordance with the laws of the State of Mississippi.

This article is to be liberally construed, and the enumeration of any object, power, manner, method or thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods or things. This article is complete in itself and shall be controlling. The prov…

All corporations created under this article shall submit annual financial and compliance audits to the Mississippi Public Service Commission and Public Utilities Staff for review and archiving.

(1) Subject to the limitations herein, the Public Service Commission shall investigate, review and mediate any dispute which qualifies as specified herein between a member or customer and the corporation of which he is a member. The minimum amount of a dispute which shall qualify…

(1) As used herein, the phrase “generation and transmission cooperative” or “G&T cooperative” shall mean a corporation that is formed under this article for the primary purpose of providing wholesale power supply to its members as a wholesale power supply cooperative, and whose m…

It is hereby recognized that certain corporations formed or operating under this article have entered into contracts with the Tennessee Valley Authority for the purchase of wholesale electric power and that the operations, facilities, services and rates of such corporations are t…

In any action or regulatory proceeding arising from any overbilling or underbilling by a corporation, no collection, reimbursement, or other relief may be awarded for underbillings or overbillings occurring more than six (6) years prior to the commencement of the action or regula…

The counties of the State of Mississippi, acting by and through their boards of supervisors, are hereby authorized to erect, construct, purchase, and/or acquire and/or maintain and/or operate electric light plants, electric transmission lines, electric distribution system substat…

The board of supervisors of any county is expressly authorized to combine with any other county and/or municipality and/or counties and/or municipalities in the purchase and/or construction and/or the leasing and/or the acquiring of any of the properties enumerated in the precedi…

In the event the board of supervisors of any county shall decide to exercise the powers authorized by this article, it shall adopt an ordinance expressing such intention and outlining the nature of the project and/or projects to be undertaken, and fix the maximum sum to be expend…

No board of supervisors taking advantage of the provisions of this article shall issue any notes, bonds, or other obligations against the county for the purpose of paying or securing the payment of the cost or expense of purchasing, constructing, or otherwise acquiring, extending…

The board of supervisors of any county is expressly authorized to exercise the power of eminent domain anywhere in the state, within or without the boundaries of such county, in order to acquire any property, real or personal, necessary or useful in the furtherance of the provisi…

No statutes fixing the maximum amount of indebtedness of the county or prohibiting the issuance of bonds, notes, or other evidences of indebtedness shall apply or operate to limit the amount of money to be borrowed under this article, and in computing the indebtedness of any coun…

All rights, privileges, powers and duties granted or imposed in the preceding sections to counties acting through their boards of supervisors shall likewise apply and be applicable to the municipalities acting through their governing authorities, who may exercise the same conjunc…