39 Miss. Code. R. 3-1-9

Current through December 10, 2024

Rule 39-3-1-9

100. DEPOSIT REQUIREMENTS

1. REGULAR CUSTOMER CLASSIFICATION Each utility may require from any customer or prospective customer a cash deposit to guarantee the payment of any such bills due or which may become due from such customer and safe return of all property belonging to the utility installed at the customer's premises or elsewhere. Such required deposit shall not exceed an amount equivalent to a single estimated average bill in the case of residential customers and two estimated maximum bills for any other customers; provided, however, for all utilities as defined in 77-3-3(d)(3) of the Mississippi Code of 1972, the required deposit shall not exceed the average final bill of customers with similar class and type of service. Each utility may require a reasonable deposit to guarantee safe return of personal property placed in the possession of the customer.*

2. SPECIAL CUSTOMER CLASSIFICATION Upon request, each utility shall refund the Cash Deposit collected from a residential customer or waive any requirement of Cash Deposit from a residential customer when such person meets the following specific criteria:

a. Presents satisfactory proof that his or her age is sixty (60) years or more. A birth certificate shall be considered satisfactory proof of age.

b. indicates that he or she is a primary user of the utility service and subscribed for such service in his or her own name.

c. Affirms responsibility for the payment of bills for the utility.

d. Has demonstrated a reasonable payment pattern by having had no balance carried forward from one month's bill to the next during the prior twelve month period. In the event that such deposit has been refunded or waived and the customer's payment pattern changes from the foregoing to one of greater frequency of past due bills or bills with prior balances, customers will be required to restore the deposit so refunded or waived plus any additional amount required to guarantee payment up to the limits set forth in paragraph (1) above.**

3. PAYMENT OF DEPOSITS Residential customers may negotiate monthly installments for initial service deposits in excess of One Hundred Dollars ($100.00) provided that the entire amount of the deposit is paid within 60 days. *****

105. RECORDS OF DEPOSIT Each utility having on hand deposits from customers shall keep records to show (1) the name of the customer making the deposit, (2) the account number or other identification of the premises occupied by the customer making the deposit, (3) the amount and date of making the deposit, and (4) a record of each transaction concerning the deposit.

110. RECEIPTS Each utility shall issue to every customer from whom a deposit is received a non-assignable receipt. Each utility shall provide reasonable ways and means whereby the depositor who makes application for the return of his deposit or any balance to which he is entitled but is unable to produce the original receipt may receive his deposit or balance.

115. USE OF DEPOSIT Upon final discontinuance of service, the utility shall apply such deposit to any amount due by the customer for service and for damage or loss of all utility property. If any balance is due the customer, it shall be promptly refunded.

120. UPON SALE OR TRANSFER OF UTILITY Upon sale and transfer of any utility or one or more operating units thereof, the seller shall file with the Commission, under oath, a list showing the names of all customers served by such utility (or such unit, or units) who have to their credit a deposit, the date such deposit was made and the amount thereof.

125. ADDITIONAL DEPOSIT A new or additional deposit may be required upon reasonable written notice of the need for such a requirement in any case where a deposit has been refunded or is found to be inadequate as above provided for, or where a customer's credit standing is not satisfactory to the utility. The service of any customer who fails to comply with these requirements may be discontinued upon reasonable written notice.

130. INTEREST

1. Cash deposits made by customers which are held by any public utility for one (1) year or more, shall earn simple interest that is no less than the twelve month average of the 10-year Treasury Note Yield as published by the Federal Reserve System, but not to exceed the general interest rate established by Mississippi Code Ann. § 75-17-1(1). The applicable interest rate will be determined and posted on the Commission's website on or before December 15th of each calendar year and will be effective for the prospective year.****

2. All accrued interest held by a utility organization shall be paid in cash or credited to the customer's account on or before July 1st of each successive third year during which service is connected, The principal sum of the Cash Deposit and any unpaid interest shall be applied to the customer's final bill, and any excess amount shall be paid to the customer in cash. Cash Deposits held for less than one full year shall earn no interest.***

*Rule 9. A.(1), as amended by Order of the Commission in Docket U-3761. effective February 5, 1980. Rule 9.A.(1). is now known as Rule 9.100(1). (renumbering 2011).

**Rule 9. A.(2). as amended by Order of the Commission in Docket U-3468, effective May 8, 1978. Rule 9.A.(2). is now known as Rule 9.100(2). (renumbering 2011).

***Rule 9, G., as last amended by Order of the Commission in Docket U-4859, effective August 6, 1986. (Sixth Amendment) Rule 9.G. is now known as Rule 9.130 (renumbering 2011).

****Rule 9(G.)(1) Amended by Order of the Commission in 2003-AD-161, effective October 1, 2003 (Seventh Amendment). Rule 9.G.(1). is now known as Rule 9.130(1). (renumbering 2011).

*****Rule 9.(A).(3) Amended by Order of the Commission in 2009-AD-347, effective September 3, 2010. Rule 9.A.(3). is now known as Rule 9.100(3). (renumbering 2011).

135. VICTIMS OF DOMESTIC VIOLENCE

1. TEMPORARY WAIVER OF DEPOSIT A customer or applicant that has been determined to be a victim of domestic violence by a domestic violence shelter, as defined in Miss. Code Ann. § 93-21-101(2014), shall be exempt from public utilities' initial deposit requirements, as established in that utility's tariff for new accounts at existing service locations, for a period of sixty (60) days. This determination shall be evidenced by submission of a certification letter to the utility. The certification letter must be printed on the letterhead of the certifying agency or accompanied by a letter on agency letterhead identifying the certifying individual. The certification letter expires after ninety (90) days.

2. CONFIDENTIALITY OF CERTIFICATION LETTER The utility shall deem the certification letter and the contents thereof as confidential. Any employee, contractor, volunteer or agent of a public utility in possession of information which would tend to identify a victim of domestic violence, who discloses any information that is exempt from disclosure under the Mississippi Public Records Act of 1983, or makes any observation or comment about the identity or condition of any person admitted to a shelter or receiving services of a shelter, unless directed to do so by an order of a court of competent jurisdiction, shall be subject to all applicable penalties imposed by Mississippi law for violation of Commission rules, and in addition, shall be civilly liable to the person whose personal information was disclosed in the amount of Ten Thousand Dollars ($10,000.00), plus any compensatory damages that the individual may have suffered as the result of the disclosure and any penalties imposed.

Certification Letter for Victim of Domestic Violence for Waiver of Initial Utility Deposit

This letter serves to certify that _______________________________________(Name of Applicant for Service) is a victim of domestic violence, and therefore has demonstrated satisfactory credit for the purposes of establishing service.

Requirement of initial deposit must be waived for the above named customer for a period of sixty (60) days.

The following Certifying Entity has determined that the above named Applicant is a victim of domestic violence.

Domestic Violence Shelter (Shelter name): _________________________________________

By my signature I certify that the above named Applicant has been determined to be a victim of domestic violence, and I am qualified to make that determination.

Signature: _____________________________________ Date: ___________________________

Printed name: __________________________________________________________________

Job Title: ________________________________ Phone Number: _________________________

Supervisor: ______________________________ Phone Number: _________________________

Title of Supervisor: ______________________________________________________________

This form expires ninety (90) days from the date of the signature of the certifying individual.

39 Miss. Code. R. 3-1-9