Mississippi Code

Miss. Code Ann. § 77-3-45 (2026)

Promulgation of rules and regulations

✓ current as of July 2026 Cite as: Miss. Code Ann. § 77-3-45 (2026)

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The commission shall prescribe, issue, amend and rescind such reasonable rules and regulations as may be reasonably necessary or appropriate to carry out the provisions of this chapter. No rule or regulation shall be effective until thirty (30) days after a notice setting forth either the terms or substance thereof or a description of the subjects and issues involved and the time and place of a hearing thereon shall have been published in a newspaper of general circulation in the state. The commission shall file the notice with the Secretary of State pursuant to the Mississippi Administrative Procedures Law and mail a copy of it to all affected public utilities. The commission shall mail a copy of the proposed rule or regulation to any public utility that requests a copy. The hearing may be held at any time twenty (20) days after date of publication of the notice, but the rules or regulations shall not become effective until a hearing thereon. A proceeding to contest any rule or regulation due to noncompliance with the procedural requirements of this section must be commenced within one (1) year from the effective date of the rule or regulation. All rules and regulations of the commission shall be filed with its executive secretary and shall be readily available for public inspection and examination during reasonable business hours. Any interested person shall have the right to petition the commission for issuance, amendment or repeal of a rule or regulation.

The commission shall, in the exercise of its power to promulgate rules and regulations, adopt standard practices and procedures:

(a) To specify what costs may be used for determining a public utility's rate base, which balance the interests of consumers and investors;

(b) To prescribe the time period for measuring a public utility's rate base;

(c) To specify allowable operating expenses, provided, however, that the commission shall exclude from a public utility's allowable operating expenses any interest such utility paid, or credited, to its consumers in connection with refunds in a rate proceeding in which its rates were finally determined to be excessive;

(d) To determine accurately the capital costs of a public utility;

(e) To define specific costs which may be included by a public utility in its monthly fuel adjustment clause retail billings;

(f) To define specific costs which may be included by a public utility distributing gas in its monthly purchased gas adjustments retail billings;

(g) To prescribe minimal uniform standards of service for various classes of public utilities; and

(h) To provide for any other rules and regulations deemed by the commission to be appropriate for carrying out the provisions of this chapter.

Codes, 1942, § 7716-13; Laws, 1956, ch. 372, § 13; Laws, 1983, ch. 467, § 21; Laws, 1993, ch. 420, § 1, eff. 7/1/1993.

Notes of Decisions

Cited in 6 cases, 1982–1991 · leading case: Federal Energy Regulatory Commission v. Mississippi

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Federal Energy Regulatory Commission v. Mississippi (1982) scotus · cites it 2× “the right to petition the [Public Service] [C]ommission for issuance, amendment or repeal of a rule or regulation," Miss. Code Ann. § 77-3-45 (1973) (emphasis added), and provides that " any party aggrieved by any final finding, order or judgment of the commission shall have the…”

MISSISSIPPI PSC v. Miss. Power & Light (1991) miss · cites it 3× “On May 13, 1986, the Mississippi Public Service Commission, acting pursuant to authority statutorily prescribed in Miss. Code Ann. § 77-3-45 (Supp. 1986), declared its intent to adopt revised Public Utility Rules of Practice and Procedure.”

Tucker v. Hinds County (1990) miss “" Miss. Code Ann. § 77-3-45 (1972). Pursuant to this authority the PSC has promulgated Rules and Regulations Governing Public Utility Service.”

New South Communications, Inc. v. Answer Iowa, Inc. (1986) miss “It would have served nothing to require New South to secure the personal attendance of these witnesses. If Answer Iowa wanted to rebut such evidence, it was free to offer evidence showing no need.”

Mississippi Telephone Corp. v. Mississippi Public Service Commission (1983) miss “A second motion also sought dismissal for the Commission’s failure to choose between two allegedly exclusive statutory procedures, namely, section 77-3-21 or section 77-3-401.”

Miss. Tel. Corp. v. Miss. Pub. Serv. Com'n (1983) miss “A second motion also sought dismissal for the Commission's failure to choose between two allegedly exclusive statutory procedures, namely, section 77-3-21 or section 77-3-401.”

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