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Mississippi Code

Miss. Code Ann. § 77-3-5 (2026)

Jurisdiction and powers of commission

✓ current as of July 2026
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Notwithstanding any other provision of law, and subject only to the limitations imposed in this chapter and in accordance with the provisions of this chapter, the Public Service Commission shall have exclusive original jurisdiction over the intrastate business and property of public utilities and, for purposes of clarification of the existing scope of said exclusive original jurisdiction, such exclusive original jurisdiction extends, but is not limited to: the establishment of retail rates; challenges, including customer complaints, to the amount of a retail rate or customer bill or whether such rate is just and reasonable; and challenges to the validity or accuracy of rates charged by a public utility, or to the accuracy or reliability of information submitted to the Public Service Commission by a public utility or other person in support of or in opposition to a proposed or approved rate, regardless of the legal theory upon which any such challenge is made. However, the commission shall not have jurisdiction over the production and gathering of natural gas or the sale of natural gas in or within the vicinity of the field where produced, or over the facilities and equipment utilized in any such operations, including, but not limited to, such facilities as separators, scrubbers and gasoline plants of all types. Further, the commission shall not have jurisdiction over the governance, management or other internal affairs of entities as described by paragraphs (b) and (c) below. Moreover, the commission shall not have jurisdiction to regulate the rates for the sales and/or distribution:

Codes, 1942, § 7716-04; Laws, 1956, ch. 372, § 4; Laws, 1966, ch. 542, § 1; Laws, 1968, ch. 503, § 1; ch. 502, § 2, eff. 8/8/1968.

Amended by Laws, 2018, ch. 402, SB 2295,§ 24, eff. 7/1/2018.

Amended by Laws, 2015, ch. 310, HB 425, 1, eff. 3/13/2015.

Amended by Laws, 2013, ch. 526, 526, 1, eff. 7/1/2013.

Amended by Laws, 2013, ch. 321, SB 2231, 2, eff. 3/7/2013.

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1982–2024 · leading case: Mississippi Rural Water Ass'n, Inc v. Mississippi Pub. Serv. Comm'n, 222 So. 3d 288 (Miss. 2017).
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Mississippi Rural Water Ass'n, Inc v. Mississippi Pub. Serv. Comm'n, 222 So. 3d 288 (Miss. 2017). · cites it 7× “[o]f water or sewage disposal service of nonprofit corporations or associations where the governing body . . . is elected by the consumers thereof or appointed by the county board of supervisors[.”
The Door Shop, Inc. v. Alcorn Cnty. Elec. Power Ass'n, 261 So. 3d 1099 (Miss. 2018). · cites it 4× “Holding further that the MPSC lacks jurisdiction over matters involving rates, the circuit court denied The Door Shop’s petition to stay the proceedings.”
Mississippi Power Co. v. Goudy, 459 So. 2d 257 (Miss. 1984). “LAW Authority of Forrest County Chancery Court Insofar as two utilities were concerned, Miss. Code Ann. § 77-3-5 is applicable. The pertinent portions state: ".”
Am. Tel. & Tel. Co. v. Purcell Co., Inc., 606 So. 2d 93 (Miss. 1990). “THE JURISDICTIONAL PROBLEM Section 77-3-5 provides "the public service commission shall have exclusive original jurisdiction over the intrastate business and property of public utilities.”
State Ex Rel. Pittman v. Pub. Serv. Com'n, 538 So. 2d 367 (Miss. 1989). “DOES ADOPTION OF RATE PEP EXCEED THE COMMISSION'S STATUTORY AUTHORITY? Miss. Code Ann., § 77-3-5 (1972), provides that the Public Service Commission shall have exclusive original jurisdiction over the intrastate business and property of public utilities subject to the…”
South Hinds Water Co. v. MISS. Pub. SERV., 422 So. 2d 275 (Miss. 1982). “In other words, a utility is given revenues in excess of its operating expenses so that it can pay a fair return to its investors and retire its indebtedness.”
Arnold Line Water Ass'n v. Mississippi Pub. Serv., 744 So. 2d 246 (Miss. 1999). “Miss.Code Ann. § 77-3-5 (1991), provides that, "Subject to the limitations imposed in this article and in accordance with the provisions hereof, the public service commission shall have exclusive original jurisdiction over the intrastate business and property of public utilities.”
Mississippi Rural Water Ass'n, Inc v. Mississippi Pub. Serv. Comm'n (Miss. 2017). · cites it 4× “[o]f water or sewage disposal service of nonprofit corporations or associations where the governing body . . . is elected by the consumers thereof or appointed by the county board of supervisors[.”
Shadburn v. Tishomingo Cnty. Water Dist., Inc., 710 So. 2d 1227 (Miss. Ct. App. 1998). “Miss.Code § 77-3-5(c) (Rev.1991). Such a public water system also has the right to extend its water service a distance of one mile outside the service area certificated to it by the MPSC pursuant to Section 19-5-177(k) of the Mississippi Code.”
Rankin Cnty., Mississippi v. Mississippi Pub. Serv. Comm'n & Entergy Mississippi, LLC (Miss. 2024). “]” Miss. Code Ann. § 77-3-5 (Rev. 2018). In this regulatory role, the Commission has exclusive rate-making authority.”
Mississippi Valley Gas Co. v. City of Pontotoc, 795 So. 2d 519 (Miss. 2001). “Pursuant to § 77-3-11 of the Act, certificates of public convenience and necessity are required before public utilities begin operation.”
Arnold Line Water Ass'n, Inc. v. Mississippi Pub. Serv. Comm'n (Miss. 1997). “Miss. Code Ann. § 77-3-5 (1991), provides that, "Subject to all limitations imposed in this article and in accordance with the provisions hereof, the public service commission shall have exclusive original jurisdiction over the intrastate business and property of public…”
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— Miss. Code Ann. § 77-3-5(c) — 1 case
Shadburn v. Tishomingo Cnty. Water Dist., Inc., 710 So. 2d 1227 (Miss. Ct. App. 1998). “Miss.Code § 77-3-5(c) (Rev.1991). Such a public water system also has the right to extend its water service a distance of one mile outside the service area certificated to it by the MPSC pursuant to Section 19-5-177(k) of the Mississippi Code.”
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