Miss. Code Ann. § 77-3-33
Rates, classifications and service of utilities
- (1) No rate made, deposit or service charge demanded or received by any public utility shall exceed that which is just and reasonable. Such public utility, the rates of which are subject to regulation under the provisions of this article, may demand, collect and receive fair, just and reasonable rates for the services rendered or to be rendered by it to any person. Rates prescribed by the commission shall be such as to yield a fair rate of return to the utility furnishing service, upon the reasonable value of the property of the utility used or useful in furnishing service.
- (2) Such utility shall furnish adequate, efficient and reasonable service, and may establish reasonable rules governing the conduct of its business and the conditions under which it shall be required to render service. The commission may, after hearing upon reasonable notice had, upon its own motion or upon complaint, ascertain and fix just and reasonable standards, regulations and practices of service which are to be furnished, imposed, observed and followed by all public utilities. The commission may require the service, rules and regulations of each public utility to be filed with the commission and subjected to its approval or to such changes therein as the commission reasonably may require. Practices required or sanctioned pursuant to the provisions hereof shall supersede other requirements of law.
- (3) Such utility may employ in the conduct of its business suitable and reasonable classifications of its service, patrons, rates, deposits and service charges. The classification may, in any proper case, take into account the nature of the use, the quantity and quality used, the time when used, the purpose for which used, and any other reasonable consideration.
Codes, 1942, § 7716-08; Laws, 1956, ch. 372, § 8.
Notes of Decisions
Cited in 18
cases (1 in the last 5 years), 1974–2024 · leading case: Federal Energy Regulatory Commission v. Mississippi
Federal Energy Regulatory Commission v. Mississippi (1982)
“Miss. Code Ann. § 77-3-33 (2) (1973). It also requires the Public Service Commission to keep a "full and complete record" of all proceedings, § 77-3-63, and to "make and file its findings and order, and its opinion, if any," § 77-3-59.”
Mississippi Power Co. v. Mississippi Public Service Commission (2015)
“” See Miss.Code Ann. §§ 77-3-33 and 77-3-105(b) (Rev.”
Mississippi Power Co. v. Goudy (1984)
“ROBERTSON, Justice, dissenting: No doubt there was a time when the consumer's relationship with a utility was purely private and as such was governed by the law of contracts. That day has passed.”
DEDEAUX UTILITY CO. v. City of Gulfport (2006)
“" Miss.Code Ann. § 77-3-33(1) (Rev.2000). Finally, "[t]he rate base shall not include property donated to such utility without any consideration nor shall operating expenses include depreciation of such donated property.”
SOUTHEAST MISS. LEGAL SERV. CORP. v. Miss. Power Co. (1992)
“Miss. Code Ann. § 77-3-33 (1) (1972) mandates that utility rates should not "exceed that which is just and reasonable.”
Mississippi Power Co. v. MISS. PUB. SERV. COM'N (1974)
“The Court then stated that the Mississippi Legislature, by the enactment of Chapter 372, Laws of 1956, [ Miss. Code Ann. § 77-3-33 (1972)] [17] did not intend to impose upon the commission a requirement of the "fair value" formula with emphasis upon reproduction costs as a…”
STATE, EX REL. ALLAIN v. Miss. Pub. Serv. Com'n (1983)
“Miss. Code Ann. § 77-3-33 (1972), states in part: (3) Such utility may employ in the conduct of its business suitable and reasonable classifications of its service, patrons, rates, deposits and service charges.”
State Ex Rel. Pittman v. PUBLIC SERVICE COM'N (1989)
“We fail to understand how a 25 percent windfall to MPC's shareholders furthers the statutory mandate of Miss. Code Ann., § 77-3-33(1) that rate charges be just and reasonable.”
Bellsouth Telecommunications, Inc. v. Mississippi Public Service Commission (2009)
“Miss.Code Ann. § 77-3-33 (Rev.2000). ¶ 11.”
State Ex Rel. Pittman v. MISS. PSC (1989)
“Upon further study of this record this Court finds the questions to be (1) what is the appropriate method of allocating tax saving deductions realized in a consolidated tax return and (2) does the "stand alone" calculation utilized by Entex and the Public Service Commission…”
White Cypress Lakes Water, Inc. v. MISS. PSC (1997)
“The Utility must "at a minium, receive enough to enable it to render efficient and continuous service." Mississippi Power Co.”
State ex rel. Allain v. Mississippi Public Service Commission (1983)
“Miss.Code Ann. § 77-3-33 (1972), states in part: (3) Such utility may employ in the conduct of its business suitable and reasonable classifications of its service, patrons, rates, deposits and service charges.”
— Miss. Code Ann. § 77-3-33(1) — 3 cases
DEDEAUX UTILITY CO. v. City of Gulfport (2006)
“" Miss.Code Ann. § 77-3-33(1) (Rev.2000). Finally, "[t]he rate base shall not include property donated to such utility without any consideration nor shall operating expenses include depreciation of such donated property.”
State Ex Rel. Pittman v. PUBLIC SERVICE COM'N (1989)
“We fail to understand how a 25 percent windfall to MPC's shareholders furthers the statutory mandate of Miss. Code Ann., § 77-3-33(1) that rate charges be just and reasonable.”
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