39 Miss. Code. R. 1-4-100
This rule is adopted pursuant to the requirements of the "Mississippi Public Records Act of 1983." (Miss. Code Ann. § 25-61-1 et seq.). Except as provided or authorized by Miss. Code Ann. § 25-61-9, 25-61-11, 77-3-79, 79-23-1 or as may be otherwise provided by law, all records of the Commission are hereby declared to be public property. All persons shall have the right to inspect, copy or mechanically reproduce or obtain a reproduction of such documents as are in the possession of the Commission and in accordance with reasonable written procedural rules adopted by the Commission.
It is the policy of the Public Service Commission to encourage and promote public participation in Commission affairs and, toward that end, the Commission declares its desire and intent to promptly honor all requests for access to or copies of all documents in the possession of the Commission. Informal requests for information or documents may be made orally or in writing to the Executive Secretary of the Commission and all reasonable efforts will be made to comply promptly with such requests. Informal requests shall not be considered as requests made under the provisions of the "Mississippi Public Records Act of 1983."
If desired, a formal request for documents may be made to the Commission pursuant to the provisions of this rule. The Commission's Executive Secretary is designated as the Public Records Compliance Officer.
Such request shall be in writing and shall state or describe with particularity the documents being requested. A formal request for documents shall be designated as such and shall state its reliance upon this rule. The request should be addressed to the Commission's Executive Secretary at the addresses provided in RPs 3 and 5 herein.
In the discretion of the Executive Secretary of the Commission, a charge not to exceed fifty (50) cents per page plus an administrative cost may be imposed. Such charge includes the actual cost of searching, reviewing and/or duplicating records. An additional charge for mailing copies to the requesting person may be assessed. Fees pursuant to this rule may be required to be paid in advance of complying with the request pursuant to Miss Code Ann. § 25-61-7.
All copying shall be done by the Commission. Original documents shall not be taken from the Office of the Executive Secretary for copying except by authorized personnel.
Formal requests for documents shall be responded to on or before fourteen (14) working days from the date upon which the request is received by the Commission.
Any denial of a request for documents under the provisions of any applicable law or court decision shall be in writing and shall contain a statement of the specific reason for the denial. The Commission shall maintain a file of all denials of requests for public records which shall be in the possession and under the supervision of the Executive Secretary. Copies of all denials shall be maintained on file for a period of not less than three (3) years from the date upon which the denial was made. Any person desiring to inspect the file shall be allowed to do so upon written request to the Executive Secretary.
Any person or party who files or submits documentation with the Commission denoted as exempt pursuant to Miss. Code Ann. § 25-61-9, 25-61-11, 77-3-79 and 79-23-1 shall provide a statement in accordance with RP 6 herein to the Commission at the time of filing which fully explains why the documents are designated as exempt.
Any document filed or submitted with the Commission which contains trade secrets or confidential commercial or financial information subject to the protection of any applicable law or court decision shall be clearly designated as such on its face and accompanying cover letter at the time of filing and shall be placed in an envelope other than white. Each page of each document shall be marked confidential. Upon request for copies of any documents so designated, the Commission shall notify the person or utility that filed the document. Twenty-one (21) days after such notice the document will be made available for public inspection pursuant to the terms of this rule unless the filing party shall have petitioned the Chancery Court for an order protecting such records as confidential pursuant to Miss. Code Ann. § 25-61-9. Any party seeking a protective order shall give notice to the party requesting the information in accordance with the Mississippi Rules of Civil Procedure.
During the course or conduct of any public or formal proceeding, the Commission may, for good cause shown, temporarily restrict or deny the public disclosure of any document which would otherwise become part of a public record or proceeding so as to allow for a judicial determination concerning its disclosure. Such order shall be upon such terms and conditions as are determined by the Commission.
39 Miss. Code. R. 1-4-100