39 Miss. Code. R. 1-25-100

Current through December 10, 2024

Section 39-1-25-100 - Procedure

1. Report by UtilityMiss. Code Ann. § 77-3-91 through 77-3-95, allow a utility to include as an expense item in its revenue requirements for the purpose of calculating its rates for retail service an amount representing a return on the cost of capacity purchased from a non-utility generator or some nonassociated source for a period in excess of thirty (30) days. Before the utility may receive this return on the cost of capacity purchased, the utility shall report the purchase to the Commission and the Staff. The report shall provide the information outlined in Appendix E and shall be filed with the Commission pursuant to RP 6. The utility shall provide copies of the report to those third persons who have requested copies of the same and who are on a list maintained for that purpose by the Executive Secretary of the Commission as of the date the utility filed the report. The utility shall certify to the Commission its compliance with this rule.

2. Confidential Information

Should the utility assert that any portion of the report, or any document in support thereof, contains trade secrets or confidential commercial or financial information, the utility shall separately file such information with the Commission and Staff as provided by the rules herein. Copies of the trade secrets and/or confidential information shall not be provided to any third person or party requesting the same, except pursuant to applicable rule herein and according to applicable law.

3. Response by Third Persons

Any third person desiring to comment on the utility's filing to earn a return shall file such comments within twenty (20) days after the utility files its report. Any third person desiring a hearing shall file a written petition pursuant to Miss. Code Ann. § 77-3-95(2) within twenty (20) days after the utility files its report. All comments and petitions for hearing shall include all supporting documentation, and all petitions shall also include proposed testimony and exhibits. Any person filing comments or a written petition shall specifically identify the issue or issues to which the comments and petition are addressed. A petition for a hearing shall also state specifically why a hearing is needed and why the issues cannot be adequately addressed by the Commission on written submittals. Copies of the comments, written petitions, and all supporting documentation shall be filed and served on the Staff, the utility, and all other parties of record in the proceeding in accordance with RP 6. For the purposes of this rule, a "party of record" means a third person which files comments or a petition pursuant to this paragraph.

4. Response by Utility

Following the filing of the comments and/or petitions of third persons, the utility may file its response to the specific issues raised, which shall include comments and supporting documentation, and may include proposed testimony and exhibits. The utility shall file its response with the Commission and serve copies on the Staff and all other parties of record.

5. Review by Staff

Upon the filing of the utility's report, comments, petitions, the utility's response, and supporting documentation, the Staff shall review the information submitted by the utility and all third persons and shall investigate the purchase to determine: (a) Whether the purchase is in the best interest of the utility and its retail customers; (b) Whether the portion of the purchase designated as capacity or energy requirements, or both, is appropriate; and (c) Whether the return filed by the utility in the report of purchase is just and reasonable to the utility and to its retail customers.

The Staff shall report the results of its investigation to the Commission in writing. A copy of the Staff report shall be provided to the utility and all parties of record.

6. Action by Commission

Within thirty (30) days after the utility files its report pursuant to paragraph (1) of this section, if the Commission determines that further proceedings are necessary, or that additional time is needed for the Staff to make its report, it shall suspend the filing for a period not to exceed one hundred and twenty (120) days from the date the utility files its report, and conduct further proceedings as it deems necessary pursuant to Miss. Code Ann. § 77-3-95(3). Otherwise the return requested shall become effective on the date requested in the report and the Commission shall enter a final order authorizing the utility to include the requested return in the calculation of its retail rates.

39 Miss. Code. R. 1-25-100