MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Local and Private Legislation

By: Representative Cummings

AN ACT TO AUTHORIZE THE CITY OF IUKA, MISSISSIPPI, TO OPERATE ITS NATURAL GAS DISTRIBUTION SYSTEM WITHIN CERTAIN AREAS OUTSIDE THE CORPORATE LIMITS OF THE CITY OF IUKA; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) Notwithstanding any provisions of Section 21-27-39, Mississippi Code of 1972, to the contrary, the governing authorities of the City of Iuka in Tishomingo County, Mississippi, in their discretion, may construct, expand, operate and maintain the natural gas distribution system of the City of Iuka within any area in Tishomingo County, Mississippi, which is not certificated to another natural gas utility for such service, or if certificated, upon obtaining a release from that utility and a Certificate of Public Convenience and Necessity from the Public Service Commission. Whenever such natural gas utility service is furnished to any consumer residing outside the corporate limits of the City of Iuka, the consumer may not be charged at a rate greater than twice the rate charged for the same service within the corporate limits of the City of Iuka.

(2) The authority conferred by this act shall not be construed as an exemption from the provisions of Section 77-3-1 et seq., Mississippi Code of 1972, as to the requirements of obtaining a Certificate of Public Convenience and Necessity, the jurisdiction of the Public Service Commission to regulate rates or any other provision of law.

(3) The governing authorities of the City of Iuka shall make a reasonable effort to provide natural gas service to each consumer within the distribution system who requests such service. For the purpose of this subsection, the term "distribution system" means all areas that are being served on the effective date of House Bill No. 1689, 1999 Regular Session.

(4) The governing authorities of the City of Iuka shall have a financial report on the natural gas distribution system filed annually with the State Auditor for his review. The audited financial statements shall be maintained in the office of the system for public inspection and shall be made available to the public during normal business hours.

SECTION 2. This act shall take effect and be in force from and after its passage.