Adopted
COMMITTEE AMENDMENT NO 1 PROPOSED TO
Senate Bill No. 2453
BY: Committee
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
SECTION 1. Section 77-3-21, Mississippi Code of 1972, is amended as follows:
77-3-21. The commission may, after a hearing had upon due notice, make such findings as may be supported by proof as to whether any utility holding a certificate under the provisions of this article is rendering reasonably adequate service in any area covered by such utility's certificate. In the event the commission finds that such utility is not rendering reasonably adequate service the commission may enter an order specifying in what particulars such utility has failed to render reasonably adequate service and order that such failure be corrected within a reasonable time, such time to be fixed in such order. If the utility so ordered to correct such a failure fails to comply with such order of the commission and the commission finds that cancellation of its certificate would be in the best interest of the consuming public served by the holder of the certificate, its certificate for the area affected may be revoked and cancelled by the commission.
Prior to any municipality exercising the power of eminent domain as provided in Section 77-3-17, the commission shall determine that the certificate of public convenience and necessity granted to the utility pursuant to Section 77-3-13 for the service area wherein such facilities are located, shall be cancelled as provided in this section. Nothing in this paragraph shall be construed to include service for water and sewage.
Notwithstanding Section 77-3-1(1), the commission shall have jurisdiction to investigate whether any municipality that holds a certificate to provide service greater than one (1) mile outside its municipal boundaries is providing reasonably adequate service. Following a hearing and upon making such a finding, the commission shall have full authority to enter any order authorized under this section, including canceling the certificate for the area that extends beyond the municipalities' boundaries.
SECTION 2. Section 77-3-22, Mississippi Code of 1972, is amended as follows:
77-3-22. Notwithstanding
Section 77-3-1(1), if the commission determines that any privately owned
water and/or sewer system, or any municipally owned or operated electric utility
providing service greater than one (1) mile outside its municipal boundaries and
within its jurisdiction is unable or unwilling to adequately serve its
customers or has been actually or effectively abandoned by its owner, or that
its management is grossly inefficient, irresponsible or unresponsive to the
needs of its customers, the commission or its designated representative may
petition the Chancery Court of the First Judicial District of Hinds County or
the chancery court of any county wherein the public utility does business for
an order attaching the assets of the privately owned water and/or sewer system or
municipally owned or operated electric utility and placing such * * * system under the sole control
and responsibility of a receiver. If the court determines that the petition is
proper in all respects and finds, after a hearing thereon, the allegations
contained in the petition are true, it shall order that the * * * system be placed in
receivership. The court, in its discretion and in consideration of the recommendation
of the commission or its designated representative, may appoint a receiver who
shall be a responsible individual, partnership, corporation or political subdivision
knowledgeable in water * * *, sewer or electric service affairs and who shall
maintain control and responsibility for the operation and management of the
affairs of such * * * system. The receiver shall operate the * * * system so as to preserve the
assets of the * * * system and to serve the best interests of its
customers. The receiver shall be compensated from the assets of the * * * system in an amount to be
determined by the court.
Control of and
responsibility for the * * * system shall remain in the receiver until the
court determines that it is in the best interests of the customers that the * * * system be returned to the
owner, transferred to another owner or assumed by another * * * operator, system or
public service corporation. If the court, after hearing, determines that
control of and responsibility for the affairs of the * * * system should not be
returned to the legal owner thereof, the receiver may proceed to liquidate the
assets of such * * * system in the manner provided by law.
In any court-initiated receivership for a municipally owned or operated electric utility providing service greater than one (1) mile outside its municipal boundaries, the receiver shall assume the responsibilities and obligations of the municipality with regard to any existing wholesale power contract.
Mississippi laws and Mississippi Rules of Civil Procedure generally applicable to receivership shall govern receiverships created under this section.
This section is in addition to the provisions of Section 77-3-21.
SECTION 3. This act shall take effect and be in force from and after its passage.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
AN ACT TO AMEND SECTION 77-3-21, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSION TO CANCEL A MUNICIPALITY'S CERTIFICATE TO PROVIDE SERVICE GREATER THAN ONE MILE OUTSIDE ITS CORPORATE BOUNDARIES UPON A FINDING THAT THE MUNICIPALITY DID NOT PROVIDE REASONABLY ADEQUATE SERVICE; TO AMEND SECTION 77-3-22, MISSISSIPPI CODE OF 1972, TO INCLUDE MUNICIPALLY OWNED OR OPERATED ELECTRIC UTILITIES PROVIDING SERVICE GREATER THAN ONE MILE OUTSIDE OF MUNICIPAL BOUNDARIES; AND FOR RELATED PURPOSES.