Approval of a transaction proposed pursuant to this rule and Miss. Code Ann. § 77-3-23 may be granted by the Commission upon proper filing of a Petition and upon a showing (a) that the proposed transaction is in good faith; (b) that the proposed assignee, lessee, purchaser or transferee, is fit and able properly to perform the public utility services authorized by such certificate and to comply with all rules, regulations and requirements of the Commission, (c) that the transaction is otherwise consistent with the public interest, and (d) when a transaction involves facilities that are included in the rate base of a public utility, the Commission shall include, as a prerequisite to its finding that the transaction is consistent with the public interest, a finding that, upon the consummation of the transaction proposed: (i)(a) the native load customers of the public utility will continue to have a first priority to the use and/or benefit of such facilities, or (i)(b) any loss of such first priority by native load customers to the use and/or benefit of such facilities is not contrary to the public interest; and (ii) any native load customers served by any transmission facilities shall be served on the same basis as before the transaction.
The Commission may condition its approval upon such terms and conditions as it finds to be just and reasonable and with such modifications as it may prescribe.
39 Miss. Code. R. 1-8-103