Abstract

The authority to regulate public utilities in Mississippi is vested generally in the Public Service Commission, composed of three members elected for four year terms from separate districts of the state. Within the purview of its powers, the authority of the Commission supersedes that of local governments. It is empowered to amend municipal franchises that contain provisions conflicting with its exclusive jurisdiction over the rates and standards of service of public utilities. Local governments play a role in regulating public utilities only through the exercise of their zoning and franchising powers. They may also operate their own utilities which are totally exempt from Commission control, unless they provide services more than one mile beyond their corporate boundaries. Other than a procedure in which certain provisions in municipal franchises may be subject to modification by the Commission, there is no process by which the decisions of local government respecting utilities are reviewed by the Commission. Public utility regulatory statutes, energy facility siting programs, and municipal franchising authority are examined to identify how they may impact on the ability of an organization, whether or not it be a regulated utility, to construct and operate an ICES.

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