MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Public Utilities; Rules

By: Representative Clark

AN ACT TO CREATE A STUDY COMMITTEE ON DEREGULATING THE ELECTRIC UTILITY INDUSTRY IN MISSISSIPPI; TO DIRECT THE COMMITTEE TO MAKE A WRITTEN REPORT OF ITS FINDINGS AND RECOMMENDATIONS BEFORE DECEMBER 1, 2000; AND FOR RELATED PURPOSES.

WHEREAS, electricity is a necessity for all individuals, industries, businesses and municipalities in the State of Mississippi; and

WHEREAS, the generation and transmission of electric power and the sale and distribution of electricity to consumers within the state are affected by the public interest; and

WHEREAS, markets for electricity are changing nationally and appear to be moving toward increased competition; and

WHEREAS, there is a need for careful consideration of all issues involving customer choice and the potential deregulation of, and competition in, the electric utility industry and the system of electric utility regulations: NOW, THEREFORE,

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

SECTION 1. (1) There is created a Study Committee on Deregulating the Electric Utility Industry in Mississippi to study and make recommendations to the Legislature on all aspects of deregulating or restructuring the electric utility industry in the State of Mississippi. The committee shall make a report of its findings and recommendations to the Legislature before December 1, 2000.

(2) The study committee shall be composed of the following thirty-two (32) members:

(a) The Chairmen of the House Public Utilities, Appropriations and Ways and Means Committees;

(b) Three (3) members of the House of Representatives appointed by the Speaker of the House, or their designees from the House membership;

(c) The Chairmen of the Senate Public Utilities, Appropriations, Finance and Economic Development, Tourism and Parks Committees;

(d) Two (2) members of the Senate appointed by the Lieutenant Governor, or their designees from the Senate membership;

(e) The Governor or his designee;

(f) A member of the Public Service Commission or his designee from the staff of the Public Service Commission;

(g) The Executive Director of the Public Utilities Staff or his designee from the Public Utilities Staff;

(h) The Chairman of the State Tax Commission or his designee from the staff of the State Tax Commission;

(i) The Attorney General or his designee from within the Office of the Attorney General;

(j) The President of Mississippi Power Company or his designee from within the company;

(k) The President of Entergy Mississippi, Inc., or her designee from within the company;

(l) A representative of an electric power association in Mississippi appointed by the Electric Power Associations of Mississippi;

(m) A representative of a municipal public utility providing electricity services appointed by the Municipal Energy Agency of Mississippi;

(n) A representative of the Tennessee Valley Authority;

(o) The President of Mississippi Valley Gas Company or his designee from within the company;

(p) A representative of the Mississippi Manufacturers Association;

(q) Three (3) residential consumers of electricity from rural areas of the state, one (1) each appointed by the Governor, Lieutenant Governor and Speaker of the House;

(r) Three (3) residential consumers of electricity from urban areas of the state, one (1) each appointed by the Governor, Lieutenant Governor and Speaker of the House;

(s) A representative of an advocacy group in Mississippi which is for retail competition in the electric utility industry appointed by the Speaker of the House; and

(t) A representative of an advocacy group in Mississippi which is against retail competition in the electric utility industry appointed by Lieutenant Governor.

In making their appointments, the Governor, Lieutenant Governor and Speaker of the House shall endeavor to achieve a diverse representation, with all socioeconomic populations and geographical areas of the state being represented on the committee.

(3) If any chairman of a legislative committee serving on the study committee is unable to attend any meeting of the committee, the vice chairman of the respective committee may attend and vote at such meeting. Appointments shall be made within thirty (30) days after passage of this act. Within fifteen (15) days thereafter, on a day to be designated jointly by the Speaker of the House and the Lieutenant Governor, the study committee shall meet and organize by selecting from its membership a chairman and vice chairman. The vice chairman shall serve as secretary and shall be responsible for keeping all records of the study committee. A majority of the members of the study committee shall constitute a quorum. In the selection of its officers and the adoption of rules, resolutions and reports, an affirmative vote of a majority of the study committee is required. All members shall be notified in writing of all meetings, and such notices must be mailed at least five (5) days before the date on which a meeting is to be held.

(4) For attending meetings of the study committee, members who are not legislators shall be compensated at the per diem rate authorized by Section 25-3-69, Mississippi Code of 1972, and shall be reimbursed in accordance with Section 25-3-41, Mississippi Code of 1972, for mileage and actual expenses incurred in attending meetings of the committee. Each legislative member of the committee shall be paid from the contingent expense fund of his respective house per diem in the amount authorized by Section 25-3-69, Mississippi Code of 1972, and a mileage allowance and an expense allowance in the amount authorized by Section 5-1-47, Mississippi Code of 1972. However, no per diem, mileage allowance or expense allowance may be paid for attending meetings of the committee while the Legislature is in session, and no per diem, mileage allowance or expense allowance may be paid without prior approval of the proper committee in the member's respective house. Any member who is also a state employee shall not be eligible to receive per diem compensation. No study committee member may incur per diem, travel or other expenses unless previously authorized by vote, at a meeting of the study committee, which action must be recorded in the official minutes of the meeting. Nonlegislative members may be paid from any funds made available to the study committee for that purpose.

(5) The study committee may employ consultants or staff and may utilize clerical and legal staff employed by the Public Utilities Staff, the Office of the Governor, the Legislature and any other staff assistance made available to it.

(6) Funding for the study committee may be provided from any funds that may be appropriated by the Legislature for the expenses of the study committee. The study committee may accept money from any source, public or private, to be expended in implementing its duties under this act.

(7) Upon presentation of its report to the Legislature before the 2001 Regular Session, the study committee shall be dissolved.

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