MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Energy; Government Structure

By: Senator(s) Carter

Senate Bill 2283

(As Sent to Governor)

AN ACT TO AMEND SECTIONS 77-1-51 AND 77-1-55, MISSISSIPPI CODE OF 1972, TO EXTEND THE DATE OF REPEAL ON THE PROVISIONS OF LAW CREATING THE PUBLIC SERVICE COMMISSION AND PRESCRIBING ITS POWERS AND DUTIES; TO SPECIFY THE APPLICATION OF THE REPEALER CONTAINED IN SECTION 77-1-51 TO THE ENTIRE PUBLIC SERVICE COMMISSION CHAPTER; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 77-1-51, Mississippi Code of 1972, is amended as follows:

     77-1-51. * * *  Sections 77-1-1 through 77-1-49, Mississippi Code of 1972, which create the Public Service Commission and prescribe its powers and duties,  This chapter shall stand repealed as of December 31, * * * 2024 2028.

     SECTION 2.  Section 77-1-55, Mississippi Code of 1972, is amended as follows:

     77-1-55.  (1)  The Public Service Commission, with the aid and the assistance of the Public Utilities Staff, shall have the power to monitor, investigate, and seek relief in any appropriate federal forum from all existing or proposed interstate rates, charges, allocations and classifications, and all rules and practices in relation thereto promulgated and prescribed by or for any public utility as defined in Section 77-3-3(d)(i).

     (2)  The Public Service Commission, with the aid and the assistance of the Public Utilities Staff, may seek relief from any proposed or final decision, order, regulation, rule or law that has an impact on any existing or proposed interstate rate, charge, allocation or classification.

     (3)  For the purpose of this section, the Public Service Commission and the Executive Director of the Public Utilities Staff may each enter into professional services contracts with one or more attorneys or consultants from a competent, qualified and independent firm as may be required by the commission or the executive director.  Costs associated with the professional service contracts shall not exceed One Million Five Hundred Thousand Dollars ($1,500,000.00) for each agency with respect to each rate regulated affected utility in any twelve-month period.  The consultants or counsel shall submit periodically, but no less frequently than once each calendar quarter, to the executive director or the commission, as applicable, for approval of payment, itemized bills detailing the work performed.  The executive director or the chairman of the commission, as applicable, shall requisition the applicable public utility to make the requisite payments to such consultants.  The commission shall allow the utility to recover both the total costs the utility incurred under this section and the carrying charges for those costs through a rate rider established to recover the costs incurred and carrying charges incurred.  Such rider shall include a true-up provision to ensure actual recovery of costs paid or otherwise incurred by the utility.

 * * * (4) This section shall stand repealed from and after July 1, 2024.

     SECTION 3.  This act shall take effect and be in force from and after June 30, 2024.