Miss. Admin. Code Title 39 — Utilities

PUBLIC SERVICE COMMISSION PUBLIC SERVICE COMMISSION

Part 1 Public Utilities Rules of Practice and Procedure

39 Miss. Admin. Code Pt. 1, R. 109 Rule 109

Ex Parte Communications........................................................................................ 26 Chapter 06 General Rules Rule 6 ............................................................................................ 27 100 Case Identity/Docket ................................................................................................ 27 101 Utility Identification Number/Rejection of Filing/Required Paper Copies ............. 27 102 Filing of Documents ................................................................................................ 27 1. Filing with the Commission Defined ................................................................. 27 2. Number Required ............................................................................................... 27 3. Methods for Filings and Submittals of Documents ........................................... 27 103 Combining Methods of Transmittal ......................................................................... 29 104 Signature Required................................................................................................... 29 1. Who Must Sign ................................................................................................. 29 2. Sanctions ........................................................................................................... 30 105 Specifications for Filing of Documents ................................................................... 30 106 Number of Maps, Plans and Specifications ............................................................. 30 107 Defective, Insufficient or Late Pleading .................................................................. 30 108 Electronic Docket..................................................................................................... 30 109 Filing of Confidential or Exempt Document ........................................................... 30 1. Purpose and Scope ........................................................................................... 30 2. Definition .......................................................................................................... 31 3. Trade Secrets .................................................................................................... 31 4. Specific Items .................................................................................................... 31 5. Required Placement In Envelope ................................................................... 31 6. Procedure .......................................................................................................... 32 7. Protective Agreements ..................................................................................... 33 8. Review of Confidentiality ................................................................................ 33 110 Service of Copies ..................................................................................................... 33 111 Certificate of Service Requested .............................................................................. 33 112 Service of Documents .............................................................................................. 34 1. Concurrent Service/Methods of Service ............................................................ 34 2. Mandatory Service upon Attorney ..................................................................... 34 113 Issuance of Order, Notice or Other Document or Service of Document ................. 34 114 Incorporation by Reference...................................................................................... 34 115 Foreign Corporation ................................................................................................. 34 116 Process, Issuance of ................................................................................................. 35 1. Procedure ........................................................................................................... 35 2. Subpoena(s) Duces Tecum ................................................................................ 35 3. Deposit ............................................................................................................... 35 117 Process, Service of ................................................................................................... 35 118 Continuing Jurisdiction ............................................................................................ 35 119 Depositions .............................................................................................................. 35 120 Attorney(s) ............................................................................................................... 35 1. Admitted to Practice in Mississippi ................................................................... 35 2. Not Admitted to Practice in Mississippi ............................................................ 36 121 Interventions ............................................................................................................ 36 1. When Allowed ................................................................................................... 36 2. Procedure ........................................................................................................... 36

3. Time For............................................................................................................. 36 4. Objections .......................................................................................................... 36 5. Late Interventions .............................................................................................. 36 6. Other Parties....................................................................................................... 37 7. Public Witness ................................................................................................... 37 8. Furnishing of Filed Documents to Intervenor .................................................... 37 122 Data Requests and Responses .................................................................................. 37 1. Filing of Data Requests and Responses Not Required ...................................... 37 2. Service of Copies ............................................................................................... 37 3. Certificate of Service ......................................................................................... 37 4. Responding ........................................................................................................ 37 5. Objecting ............................................................................................................ 38 6. Compelling Responses ....................................................................................... 38 7. Request for Waiver ............................................................................................ 38 8. Part of Record .................................................................................................... 38 123 Computation of Time ............................................................................................... 39 124 Amended filings ....................................................................................................... 39 125 Dismissal of Proceedings ......................................................................................... 39 1. Stipulation of Dismissal ..................................................................................... 39 2. Involuntary Dismissal ........................................................................................ 39 3. Inactive Dockets................................................................................................. 39 126 Consolidation ........................................................................................................... 40 127 Orders ....................................................................................................................... 40 128 Indexing of Final Orders and Declaratory Opinions................................................ 40 129 Transcripts................................................................................................................ 40 130 Filing Costs Associated............................................................................................ 40 131 Annual Submittal of Utility Data ............................................................................. 40 132 Scheduling Orders .................................................................................................... 41 Chapter 07 Certificate Proceedings Rule 7 ............................................................................. 42 100 Certificates to Operate ............................................................................................. 42 1. Defined ............................................................................................................... 42 2. Criteria ............................................................................................................... 42 3. Supporting Data ................................................................................................. 42 4. Failure to Begin Operations ............................................................................... 42 101 Area Certificates ...................................................................................................... 42 1. Petitions.............................................................................................................. 43 2. Exceptions .......................................................................................................... 43 102 Facilities Certificates ............................................................................................... 43 1. Defined ............................................................................................................... 43 2. Contents ............................................................................................................. 43 3. When Required .................................................................................................. 43 103 Notice to Staff and the Commission ........................................................................ 44 104 Suspension of Construction ..................................................................................... 44 105 General Provisions ................................................................................................... 44 1. Action on Non-Construction .............................................................................. 44 2. Selection of Area................................................................................................ 44

4. Interpretations of Area Boundaries .................................................................... 45 4. Temporary Acts or Operations........................................................................... 45 5. Initial Rates and Tariffs ..................................................................................... 45 6. Incomplete Filings ............................................................................................. 45 7. Exemptions ........................................................................................................ 45 8. Existing Certificates ........................................................................................... 45 9. Hearings ............................................................................................................. 45 Chapter 08 Sale or Transfer Proceedings Rule 8 .................................................................... 47 100 Commission Approval Required.............................................................................. 47 101 Contents ................................................................................................................... 47 102 Rate Adjustments ..................................................................................................... 47 103 Criteria ..................................................................................................................... 47 104 Hearing ..................................................................................................................... 48 Chapter 09 Rate Proceedings Rule 9 ....................................................................................... 49 100 Exclusive Method .................................................................................................... 49 1. Routine Filings ................................................................................................... 49 2. Standard Filings ................................................................................................. 49 3. Major Change under $15 Million Filings .......................................................... 50 4. Major Change of $15 Million or More Filings .................................................. 50 5. Initial Rate Filings.............................................................................................. 50 6. Temporary Rate Filings ..................................................................................... 50 7. Miscellaneous Filings ....................................................................................... 50 101 Notice to Customers of a Filing for a Rate Increase ................................................ 51 1. Required Information ......................................................................................... 51 2. Filing of Verification of Notice to Customers ................................................... 51 102 Designation .............................................................................................................. 51 103 Prefiled Testimony ................................................................................................... 51 1. Filing Utility....................................................................................................... 51 2. Staff and Intervenors .......................................................................................... 52 104 Additional Data ........................................................................................................ 52 105 Test Period ............................................................................................................... 52 106 Signature under Oath ............................................................................................... 52 107 Effective Date .......................................................................................................... 52 108 Water and Sewer Rate Cases ................................................................................... 52 109 Calculations of Percentage Revenue Increase ......................................................... 52 110 Deficient Filings....................................................................................................... 52 111 Suspension Order ..................................................................................................... 52 112 Effective Date of Increases ...................................................................................... 53 113 Tariffs ....................................................................................................................... 53 1. Form ................................................................................................................... 53 2. Tariff Filing by Electronic Mail/Compliance with the Requirements of Filing Described in RP 6 .................................................................................................... 53 3. Contents ............................................................................................................. 54 4. Service Extension Policy ................................................................................... 55 5. Special Provisions .............................................................................................. 55 6. Filing of Compliance Tariffs ............................................................................. 55

5. Staff Review of Compliance Tariffs Filed Pursuant to Order ........................... 55 8. Response or Opposition to Proposed Compliance Tariff .................................. 55 9. Effect of Issuance of Order ................................................................................ 56 Chapter 10 Miscellaneous Application Proceedings Rule 10 ................................................. 57 100 Definition ................................................................................................................. 57 101 Contents of Application ........................................................................................... 57 102 Notice Requirement ................................................................................................. 57 103 Disposition ............................................................................................................... 57 Chapter 11 Complaint Proceedings Rule 11 ........................................................................... 58 100 Informal Complaints ................................................................................................ 58 1. Authorized.......................................................................................................... 58 2. Form ................................................................................................................... 58 3. Remedy Not Exclusive ..................................................................................... 58 101 Formal Complaints................................................................................................... 58 1. Who May Complain ........................................................................................... 58 2. Form of Complaint ............................................................................................. 58 3. Procedure ........................................................................................................... 59 4. Offer of Satisfaction of Complaint .................................................................... 59 5. Answer of Complaint ......................................................................................... 59 102 Remedies are Cumulative ........................................................................................ 60 103 Dismissals ................................................................................................................ 60 Chapter 12 Motion Practice Rule 12 ....................................................................................... 61 100 Allowed .................................................................................................................... 61 1. Form ................................................................................................................... 61 2. When Opposition Must Be Filed ....................................................................... 61 101 Notice of................................................................................................................... 61 102 Grant or Denial of Motion ....................................................................................... 61 1. When Hearing Not Required ............................................................................. 61 2. When Hearing Ordered ...................................................................................... 61 3. Disposal of by Executive Secretary ................................................................... 61 4. Submission of Briefs .......................................................................................... 61 Chapter 13 Prehearing Conferences Rule 13 ....................................................................... 62 100 When Held ............................................................................................................... 62 101 Notice of................................................................................................................... 62 102 Procedures for Conducting Prehearing Conferences ............................................... 62 103 Stipulations .............................................................................................................. 62 1. Commission Policy ............................................................................................ 62 2. Failure to Stipulate ............................................................................................. 62 104 Duties of the Parties ................................................................................................. 62 1. Representative Authority ................................................................................... 62 2. Cooperation ........................................................................................................ 62 3. Failure to comply ............................................................................................... 63 4. Expert witnesses................................................................................................. 63 Chapter 14 Request for Comments Rule 14 ............................................................................ 64 100 When Required ........................................................................................................ 64 101 Contents ................................................................................................................... 64

39 Miss. Admin. Code Pt. 1, R. 102 Rule 102

Time For................................................................................................................... 64 103 Failure to Comment ................................................................................................. 64 Chapter 15 Public Proceedings Rule 15 .................................................................................. 65 100 Notice to Public/Place of Publication ...................................................................... 65 1. Contents of Notice of Hearing ........................................................................... 65 2. Contents of Notice of Proposed Rule Adoption ................................................ 65 3. When Notice Required ....................................................................................... 65 4. Proof of Notice ................................................................................................... 66 101 Public Hearings ........................................................................................................ 66 1. Open to the Public .............................................................................................. 66 2. When Held ......................................................................................................... 66 3. Abbreviated Proceedings ................................................................................... 66 102 Investigations ........................................................................................................... 66 1. Commission Investigations ................................................................................ 66 2. Show Cause Orders in Complaint Proceeding ................................................... 66 3. Continuance of Service ...................................................................................... 67 103 Evidence ................................................................................................................... 67 1. Rules of Evidence – Evaluation of Evidence ..................................................... 67 2. Documentary Evidence – Introduction of Records in the Executive Secretary’s Official File .............................................................................................................. 67 3. Official Notice ................................................................................................... 68 4. Procedure for Taking Official Notice ................................................................ 68 5. Objections – Offers of Proof .............................................................................. 68 6. Prefiled Testimony ............................................................................................. 68 7. Exhibits .............................................................................................................. 68 8. Late Filed Evidence ........................................................................................... 69 104 Burden of Proof........................................................................................................ 69 105 Stipulations .............................................................................................................. 69 106 Order of Procedure ................................................................................................... 69 1. Opening the Evidentiary Hearing ...................................................................... 69 2. Order of Procedure in Evidentiary Hearings ..................................................... 69 107 Testimony under Oath.............................................................................................. 70 108 Parties and Persons with Similar Interests ............................................................... 70 109 Statements of Position.............................................................................................. 70 110 Final Orders ............................................................................................................. 70 111 Continuance of Hearing ........................................................................................... 71 112 Oral Argument ......................................................................................................... 71 113 Briefs – Proposed Orders of the Parties – Statements of Position ........................... 71 114 The Hearing Record ................................................................................................. 71 115 The Commission’s Record ....................................................................................... 71 116 The Court Reporter(s) .............................................................................................. 71 1. Transcription of Record .................................................................................. 71 2. Number of Copies ............................................................................................ 71 3. Sealed Transcripts ........................................................................................... 71 117 Failure to Appear at Hearing – Defaults .................................................................. 72 118 Procedures Following Final Orders ......................................................................... 72

1. Rehearing ........................................................................................................... 72 2. Appeals of Final Orders ..................................................................................... 72 3. Stay of Orders Pending Appeal.......................................................................... 72 4. Service of Final Orders ...................................................................................... 72 Chapter 16 Accounts, Records and Reports Rule 16 .............................................................. 73 100 Systems of Accounts ................................................................................................ 73 101 Filing of Annual Reports ......................................................................................... 73 1. Deadline ............................................................................................................ 73 2. Failing to Timely File ....................................................................................... 73 Chapter 17 Fuel Adjustment Clauses or Riders Rule 17 ......................................................... 74 100 Recovery of Cost...................................................................................................... 74 101 Allowable Cost......................................................................................................... 74 1. Non-Nuclear Fuel ............................................................................................. 74 1. Fossil Fuel ......................................................................................................... 74 2. Nuclear Fuel ..................................................................................................... 74 102 Purchased Energy..................................................................................................... 75 103 Other Allowable Costs ............................................................................................. 76 1034 Excludable Cost ....................................................................................................... 76 1045 Total Energy Cost .................................................................................................... 76 Chapter 18 Purchased Gas Adjustment Provision Rule 18 ..................................................... 77 100 Allowable Costs ...................................................................................................... 77 Chapter 19 Fuel Procurement and Use Rule 19 ...................................................................... 78 100 Standards for Procurement and Use of Fuel ....................................................... 78 100 Standards for Procurement and Use of Fuel ....................................................... 78 101 Assessment by Public Utilities Staff ..................................................................... 78 Chapter 20 Advertising Expenses Rule 20 .............................................................................. 79 100 General .................................................................................................................... 79 101 Political Advertising............................................................................................... 79 102 Promotional Advertising ....................................................................................... 79 103 Associated Costs ..................................................................................................... 79 Chapter 21 Rate Base, Operating Expenses and Rate of Return Rule 21 ............................... 81 100 General ..................................................................................................................... 81 101 Rate Base Considerations ........................................................................................ 81 102 Test Period ............................................................................................................... 81 103 Inclusions and Exclusions ........................................................................................ 81 1. Donated Property ............................................................................................. 81 2. Operating Expenses ......................................................................................... 82 3. Specific Expense Items .................................................................................... 82 104 Determination of a Fair Rate of Return ................................................................... 83 Chapter 22 Charitable or Civic Contributions Rule 22 ........................................................... 84 100 General .................................................................................................................... 84 Chapter 23 Discontinuance of Local Exchange Telecommunications Services Provided by Competitive Local Exchange Rule 23 ....................................................................................... 85 100 Definitions................................................................................................................ 85 1. Bankruptcy Petition ........................................................................................... 85 2. Competitive Local Exchange Carrier or "CLEC\ .............................................. 85

2. Discontinuance ................................................................................................... 85 4. Incumbent Local Exchange Carrier or "ILEC\ .................................................. 85 5. Resale ................................................................................................................. 85 6. Unbundled Network Element or "UNE\ ............................................................ 85 101 Requirements for Discontinuance ............................................................................ 85 1. Complete Discontinuance ................................................................................ 85 2. Partial Discontinuance..................................................................................... 86 3. Prerequisites to Discontinuance...................................................................... 86 4. Waiver of Third Party Verification and Slamming Requirements ............. 86 5. Additional Requirements ................................................................................ 87 102 Customer Notification .............................................................................................. 87 103 Bankruptcy Requirements ........................................................................................ 87 1. Required Documentation ................................................................................ 87 2. Notice Provisions .............................................................................................. 88 3. Limited Effect ................................................................................................... 88 104 Administrative Duties of CLECs ............................................................................. 88 105 Disconnection of CLEC by ILEC ............................................................................ 88 1. Good Faith Action Required ........................................................................... 88 2. Notice of Intent to Terminate or Deny Service ............................................. 89 3. Restriction on Disconnection or Denial of Service ........................................ 89 4. Duties of CLEC ................................................................................................ 89 5. Requirement of Spreadsheet ........................................................................... 89 6. Administrative Cancellation of Certificates .................................................. 90 7. Penalties ............................................................................................................ 90 Chapter 24 Declaratory Opinions Rule 24 .............................................................................. 93 100 Scope of Rules ......................................................................................................... 93 101 Persons Who May Request Declaratory Opinions ................................................... 93 102 Scope of Declaratory Opinions ................................................................................ 93 103 Circumstances in which Declaratory Opinions May Not Be Issued........................ 93 104 Questions of Law ..................................................................................................... 95 105 Notification of Decision to Decline to Issue a Declaratory Opinion ....................... 95 106 Form and Content of Request .................................................................................. 95 1. Number Required ............................................................................................ 95 2. Specifications .................................................................................................... 95 107 Methods of Delivery ............................................................................................... 95 1. To Commission ................................................................................................. 95 2. To Public Staff .................................................................................................. 95 3. Required Information ...................................................................................... 95 108 Single Transaction ................................................................................................... 96 109 Time for Commission’s Response and Notification ................................................ 96 1. Response To ...................................................................................................... 96 2. Method of Delivery of Response ..................................................................... 97 3. When Period Begins to Run ............................................................................ 97 4. Opinion Not Final for Sixty Days ................................................................... 97 110 Procedure Subsequent to Receipt of Request for Declaratory Opinion ................... 97 1. Notification to Other Persons............................................................................. 97

3. Required Service of Notification by Requestor ................................................. 97 3. Time for Response ............................................................................................. 98 111 Additional Information ............................................................................................ 98 112 Hearing at the Discretion of the Commission .......................................................... 98 1. Provision for Hearing ......................................................................................... 98 2. Proceedings at the Hearing ................................................................................ 98 3. Persons Appearing at the Hearing...................................................................... 98 113 Public Availability of Requests and Declaratory Opinions ..................................... 98 114 Informal Request for Interpretation ......................................................................... 98 Chapter 25 Return on Purchased Power Capacity Rule 25 ................................................. 99 100 Procedure ................................................................................................................. 99 1. Report by Utility ................................................................................................ 99 2. Confidential Information ................................................................................... 99 3. Response by Third Persons ............................................................................... 99 4. Response by Utility ............................................................................................ 99 5. Review by Staff................................................................................................ 100 6. Action by Commission .................................................................................... 100 101 Cost of Capacity ..................................................................................................... 100 102 Special Provision ................................................................................................... 100 Chapter 26 Rule-Making Rule 26 ......................................................................................... 101 100 Commission or Staff Initiated Rule-Making.......................................................... 101 101 Petitions for Rule-Making...................................................................................... 101 102 Applicable Law ...................................................................................................... 101 103 Open to the Public .................................................................................................. 101 104 Designation of Spokesperson ................................................................................. 101 105 Rule-Making Docket .............................................................................................. 101 106 Rule-Making Record .............................................................................................. 101 107 Maintenance of Mailing Lists ................................................................................ 102 108 Review of Rules Every Fifth Year ......................................................................... 102 Chapter 27 Special Contracts Rule 27................................................................................... 103 100 Special Contracts with Manufacturers and Certain Electric and Gas Customers ......................................................................................................................... 103 Chapter 28 Rules Implementing the Mississippi Telephone Solicitation Act Rule 28...104 ... 100 General Rules ....................................................................................................... 104 1. No Calls Database .......................................................................................... 104 2. Use and Access ............................................................................................... 104 3. Availability ..................................................................................................... 104 4. No Call List ..................................................................................................... 104 5. Registration .................................................................................................... 104 6. Requirements ................................................................................................. 104 7. Calls Not Allowed .......................................................................................... 105 8. Distribution .................................................................................................... 105 9. Consumer Registration ................................................................................. 105 10. Schedule .......................................................................................................... 106 11. Consumer Updates ........................................................................................ 106 12.Authorized Telephone Solicitation ............................................................... 106

4. Call Log ........................................................................................................... 106 14. Retention ......................................................................................................... 107 15. Definitions ....................................................................................................... 107 101 Semiannual Notification to Consumers ............................................................. 107 102 Complaint Procedure........................................................................................... 107 1. Form ................................................................................................................ 107 2. Procedure ........................................................................................................ 107 3. Preliminary Determination ........................................................................... 107 103 Violations .............................................................................................................. 108 1. Penalty............................................................................................................. 108 2. Liable by Default ........................................................................................... 108 3. Surety Bond Assessment ............................................................................... 109 APPENDIX “A” CERTIFICATE PROCEEDINGS ................................ 124 SCHEDULE 1 CERTIFICATES TO OPERATE/ALL UTILITIES

SCHEDULE 2 AREA CERTIFICATES/ALL UTILITIES .......... 126 SCHEDULE 3 FACILITIES CERTIFICATES/ALL UTILITIES 128 SCHEDULE 4 NOTICE TO STAFF/ALL UTILITIES ............... 129 APPENDIX “B” SALE OR TRANSFER PROCEEDINGS ................... 130 SCHEDULE 1 APPLICABLE TO ALL UTILITIES ................... 130 APPENDIX “C” RATE PROCEEDINGS ............................................... 131 SCHEDULE 1 STANDARD FILINGS/ALL UTILITIES ........... 131 SCHEDULE 2 MAJOR FILINGS/ALL UTILITIES .................... 133 SCHEDULE 3 MAJOR FILINGS OF $15 MILLION OR MORE/ALL UTILITIES 135 SCHEDULE 4 INITIAL FILINGS/ALL UTILITIES............. 138 SCHEDULE 5 ROUTINE FILINGS/TELECOMMUNICATION PROVIDERS ONLY ........................................................................................... 140 APPENDIX “D” RATE PROCEEDINGS ............................................... 141 FORM 1 STANDARD FILINGS/ALL UTILITIES ....... 141 APPENDIX “E” PURCHASED POWER ...................................................................... 144

39 Miss. Admin. Code Pt. 1, R. 100 Rule 100

Applicability These rules shall govern all practice and procedure before the Mississippi Public Service Commission relating to all public utility matters. These rules are not, by their terms, applicable to Commission proceedings concerning pipeline safety matters nor do they define or replace existing substantive rules governing public utility service obligations. Nothing in these rules shall be construed as affecting those matters over which the Commission has no jurisdiction, including but not limited to those specified in Miss. Code Ann. §77-3-1 and §77-3-5.

These rules incorporate procedures governing the Public Utilities Staff, which is a state agency independent of the Public Service Commission. Miss. Code Ann. §77-2-9 provides, in part, that it shall be the duty of the Executive Director to "formulate written policies and procedures for the effective and efficient operation thereof." Since the duties and responsibilities of the Public Utilities Staff are an integral part of the utility regulatory process, appropriate procedures applicable to the Public Utilities Staff are necessarily incorporated herein, upon recommendation by the Executive Director, to achieve cohesive and complete Rules of Practice and Procedure.

39 Miss. Admin. Code Pt. 1, R. 101 Rule 101

Statutory Terms Control Specific statutory provisions which govern the Commission or the Staff which are in conflict with any of the rules herein shall continue to be applied to all proceedings of the Commission or Staff to the extent of such conflict only.

39 Miss. Admin. Code Pt. 1, R. 102 Rule 102

Liberal Construction/Deviations From Rules These rules will be liberally construed to secure just, speedy and economical determination of all issues presented to the Commission. Unless prohibited by statute, the Commission may for good cause shown, permit deviation from these rules when it finds compliance with them is impractical, unnecessary, unreasonably burdensome, impossible or not in the public interest.

39 Miss. Admin. Code Pt. 1, R. 103 Rule 103

Waiver of Rights Except to the extent precluded by applicable law, a person may expressly waive any right conferred upon that person by any rule herein.

39 Miss. Admin. Code Pt. 1, R. 104 Rule 104

Effective Date These rules shall apply to all proceedings filed on or after October 17, 2005.

39 Miss. Admin. Code Pt. 1, R. 105 Rule 105

Prior Rules All prior rules of this Commission in conflict herewith are repealed to the extent of such conflict.

39 Miss. Admin. Code Pt. 1, R. 106 Rule 106

Severability These rules are fully severable so as to provide that should any rule or rules, or any section or paragraph of any rule, be declared unlawful by any court of competent jurisdiction, then, in that event, the remaining rules shall continue to be in force and in effect and shall not be suspended, nullified or affected by such determination of unlawfulness.

39 Miss. Admin. Code Pt. 1, R. 107 Rule 107

Citation In documents submitted to the Commission or issued by the Commission, these rules may be cited as RP. For example, Rule 6 may be cited as RP 6.

39 Miss. Admin. Code Pt. 1, R. 108 Rule 108

Amendment of Rules These rules may be amended, supplemented or repealed at any time by the Commission subject to the provisions of Miss. Code Ann. §77-3-45; §25-43-1.101 et seq; §25-43-2.101 et seq; and 25-43-3.101 et seq.

Chapter 02 Definitions

Rule 2

For purposes of these rules, the following terms are defined as indicated:

39 Miss. Admin. Code Pt. 1, R. 100 Rule 100

“The Act” refers to Title 77, Chapter 3 of the Mississippi Code, as amended. Definitions contained therein are hereby incorporated into these Rules of Practice and Procedure.

39 Miss. Admin. Code Pt. 1, R. 101 Rule 101

“Appearance” means any act during the course of a proceeding by which a person, either in person or by counsel, recognizes and submits to the jurisdiction of the Commission for all purposes except where it is expressly stated to be limited to a particular purpose, such as challenging the jurisdiction of the Commission.

39 Miss. Admin. Code Pt. 1, R. 102 Rule 102

“Applicant” means any person filing or joining with others in filing an application.

39 Miss. Admin. Code Pt. 1, R. 103 Rule 103

“Certificate” means an Initial or Supplemental Certificate of Public Convenience and Necessity or Facilities Certificate, as the case may be, issued by the Commission.

39 Miss. Admin. Code Pt. 1, R. 104 “Commission” means the Mississippi Public Service Commission

39 Miss. Admin. Code Pt. 1, R. 105 Rule 105

“Commission Attorney” refers to the attorney(s) employed to assist and advise the Commission.

39 Miss. Admin. Code Pt. 1, R. 106 Rule 106

“Commission Staff” refers to those individuals employed by the Commission pursuant to Miss. Code Ann. § 77-3-8.

39 Miss. Admin. Code Pt. 1, R. 107 Rule 107

“Complainant” refers to the person or entity whom initiates a complaint proceeding.

39 Miss. Admin. Code Pt. 1, R. 108 Rule 108

“Customer” means any person furnished utility service by a public utility.

39 Miss. Admin. Code Pt. 1, R. 109 Rule 109

“Declaratory Opinion” means an opinion rendered in accordance with the provisions of Miss. Code Ann. §25-43-2.103.

39 Miss. Admin. Code Pt. 1, R. 110 Rule 110

“Electronic Document” means any document created in digital format on a computer, in a format compatible with software in use by the Commission, and transmitted to the Commission via floppy disks, cd-rom, e-mail, facsimile or other electronic means implemented by the Commission.

39 Miss. Admin. Code Pt. 1, R. 111 “Executive Director” means the Executive Director of the Staff

39 Miss. Admin. Code Pt. 1, R. 112 “Executive Secretary” means the Executive Secretary of the Commission

39 Miss. Admin. Code Pt. 1, R. 113 Rule 113

“Filing Utility” means the public utility making a filing with the Commission through its Executive Secretary to initiate a proceeding.

39 Miss. Admin. Code Pt. 1, R. 114 Rule 114

“Filing” means any notice, application, formal request, formal complaint, petition or any other type of document filed with the Commission through its Executive Secretary.

39 Miss. Admin. Code Pt. 1, R. 115 Rule 115

“Interested Persons” means any persons entitled to notice of Commission proceedings as follows: 1. In any proceeding filed by a utility other than a telecommunications utility, any person (a) presently holding a certificate authorizing it to provide utility service of the same type as that authorized, or proposed to be authorized, for the filing utility, and (b) which presently holds a certificate for the same type of utility service for a service area, any part of which lies within one mile of the area certificated, or proposed to be certificated to the filing utility; or (c) where known to the Petitioner, any person or entity currently providing utility service of the same type in the proposed area regardless of whether a Certificate has been issued by the Commission;

2. In any proceeding filed by a provider of telecommunications services, all other certificated providers offering the same type of telecommunications services, as entered into the utility database maintained by the Executive Secretary of the Commission;

3. In proceedings filed by non-utilities or proceedings initiated by the Commission or the Staff, any person having a substantial interest in the subject matter of the proceeding or whose rights and liabilities may be materially affected thereby;

4. In addition to the above, in the context of any rate proceeding filed under the provisions of RP 9 (Notice Filings), any person who was a party of record in the last proceeding in which a major change in rates was sought by the filing utility.

39 Miss. Admin. Code Pt. 1, R. 116 Rule 116

“Order” means a Commission action of particular applicability that determines the legal rights, duties, privileges, immunities or other legal interests of one or more specific persons. The term does not include a declaratory opinion.

39 Miss. Admin. Code Pt. 1, R. 117 Rule 117

“Party” is: 1. The filing utility, petitioner, complainant or applicant;

2. The Public Utilities Staff in its capacity as a party;

3. Persons allowed to become an intervenor by Commission order;

4. Persons made a party by service of process upon them; and

5. The respondent.

39 Miss. Admin. Code Pt. 1, R. 118 Rule 118

“Person” means an individual, partnership, corporation, association, utility, body politic, water authority, receiver, governmental subdivision or unit thereof, or public or private organization or entity of any character, and includes another state and/or federal agency.

39 Miss. Admin. Code Pt. 1, R. 119 Rule 119

“Petitioner” means a person or entity filing or joining with others in filing a petition.

39 Miss. Admin. Code Pt. 1, R. 120 Rule 120

“Provision of Law” or “Law” means the whole or a part of the federal or state Constitution, or of any federal or state (i) statute, (ii) case law or common law, (iii) rule of court, (iv), rule or order of an administrative agency or (v) executive order.

39 Miss. Admin. Code Pt. 1, R. 121 Rule 121

“Public Witness” means a person not a party and not called by a party to testify at a hearing.

39 Miss. Admin. Code Pt. 1, R. 122 Rule 122

“Respondent” means a person against whom relief is sought, against whom a complaint is initiated or against whom action by the Commission is directed.

39 Miss. Admin. Code Pt. 1, R. 123 “Rule-Making” means the process for formulation and adoption of a rule

39 Miss. Admin. Code Pt. 1, R. 124 Rule 124

“Service” or “Served” is defined in Miss. Code Ann. §25-43-1.106 and is discussed in RP 6 of these rules.

39 Miss. Admin. Code Pt. 1, R. 125 Rule 125

“Staff Attorney” means the General Counsel and other attorneys for the Staff.

39 Miss. Admin. Code Pt. 1, R. 126 Rule 126

“Staff” means the Public Utilities Staff created pursuant to Miss. Code Ann. §77-2-1 et seq.

39 Miss. Admin. Code Pt. 1, R. 127 Rule 127

“Transcript” includes a written transcript, a printed transcript, an audible audiotape or videotape that is indexed and annotated so that it is readily accessible and any other means that the Commission has provided for the reliable and accessible preservation of the proceeding.

39 Miss. Admin. Code Pt. 1, R. 128 “Utility Attorneys” means the attorneys for the filing utility

39 Miss. Admin. Code Pt. 1, R. 129 Rule 129

“Utility” means any person subject to the regulatory jurisdiction of the Commission.

39 Miss. Admin. Code Pt. 1, R. 130 Rule 130

“Verify” means the signing of a document before a notary public and under oath.

39 Miss. Admin. Code Pt. 1, R. 131 Rule 131

“Written” includes printed, handwritten, typewritten, electronic e-mail document, fax document or any other intentional reduction to readable form.

Chapter 03 Organizational Description

Rule 3

39 Miss. Admin. Code Pt. 1, R. 100 Rule 100

General This rule is adopted in compliance with the Mississippi Administrative Procedures Law. (Miss. Code Ann. §25-43-1.101 et seq; 25-43-2.101 et seq; and 25-43-3.101 et seq).

39 Miss. Admin. Code Pt. 1, R. 101 Rule 101

Commission Organization The Commission consists of a three-member panel, one to be elected from each of the three (3) Supreme Court districts. The Commission exercises exclusive original jurisdiction over the intrastate business and property of public utilities, subject to and in accordance with the Act. The Commission employs an Executive Secretary, attorney, administrative and investigative staff.

The Commission provides a thorough and efficient regulatory process that is fair, open, encourages public participation, and anticipates the demands of an evolving regulatory environment.

The Commission is located in downtown Jackson, Mississippi, at 501 N. West Street, Suite 201A, with access from I-55. Upon entering the building, please see the receptionist or guard to sign in and obtain a visitor’s pass. The Commission’s hearing room is located on the First floor and the public records room or the office of the Executive Secretary is located on the Second floor. Parking, including special needs parking, is available upon entering the parking garage.

39 Miss. Admin. Code Pt. 1, R. 102 Rule 102

Commission Duties The functions of the Commission are regulatory and quasi-judicial in nature. The Commission may conduct investigations and make determinations, hold such hearings, prescribe such rules and issue such orders with respect to the control and conduct of the utilities coming within its jurisdiction. The Commission may adjudicate all proceedings brought before it in which the violation of any law or rule administered by the Commission is alleged. The Commission is charged by law with the duty and authority to regulate the rates and services of certain public utilities. These public utilities, as defined by the Act, include persons and corporations providing electricity, natural and/or artificial gas, water, sewer and telephone services to or for the public for compensation. The Commission does not provide these services directly but regulates persons and entities who do provide the services. This regulatory authority may be generally described as falling into the following areas:

1. Certificates of Public Convenience and Necessity The Commission decides questions relating to the granting, revocation, sale, transfer, merger, assignment, leasing or cancellation of certificates.

2. Rate Proceedings The Commission determines the lawful rates and other authorized charges to be collected by any non-exempt public utility for the rendition of services specified in Miss. Code Ann. §77-3-3. This ratemaking authority does not extend to rates charged for the sale or leasing of appliances by public utilities or their non-regulated or non- jurisdictional activities.

3. Service Obligations The Commission promulgates rules and regulations governing the manner and terms by which public utilities provide services to the public pursuant to their certificate.

4. General Oversight The Commission exercises general oversight authority over all regulated phases of public utility operations for the purpose of promoting the public interest consistent with the goals of the Act. The Commission has additional responsibilities concerning the regulation and oversight of gas pipeline safety, but these functions are handled under separate rules and regulations.

39 Miss. Admin. Code Pt. 1, R. 103 Rule 103

Staff Organization The Staff, created pursuant to Miss. Code Ann. §77-2-1, et seq., is completely separate and independent from the Commission. The Staff is under the operational and administrative control of the Executive Director. The Staff consists of professionals in the areas of engineering, administration, economics and planning, finance, accounting, and law; supportive technical personnel, consisting of rate analysts, inspectors and statisticians; and supportive clerical personnel as authorized and appropriated by the Legislature.

39 Miss. Admin. Code Pt. 1, R. 104 Rule 104

Staff Duties The Staff represents the broad interests of the State of Mississippi by balancing the respective concerns of the residential, commercial, or industrial ratepayers, and the State and its agencies and departments, and the public utilities. The primary function of the Staff is investigative and advisory in nature. The employees of the Staff shall perform such duties as are assigned to them by the Executive Director.

The Staff, by and through the Executive Director reviews, investigates and recommends action to the Public Service Commission regarding, among other things: the reasonableness of proposed rates including automatic adjustment clauses; the service furnished by any public utility; certification matters; transfers, mergers, consolidations and combination of public utilities; contracts of public utilities with affiliates or subsidiaries; special contracts; regulations, rules and transactions; miscellaneous filings; and all other types of filings with the Commission.

The Executive Director of the Staff, utilizing the resources of its Staff, furnishes to the Commission, information and reports or conducts investigations and provides such other assistance as may be required in order to enforce the laws providing for the regulation of public utilities.

39 Miss. Admin. Code Pt. 1, R. 105 Rule 105

Public Access Information The public may obtain information or make submissions or requests to the Commission by contacting:

MISSISSIPPI PUBLIC SERVICE COMMISSION Executive Secretary Second Floor Woolfolk State Office Building Post Office Box 1174 Jackson, MS 39215-1174 Telephone: (601) 961-5432 Facsimile: (601) 961-5448 E-mail address: efile.psc@psc.state.ms.us Street address: 501 N. West Street Suite 201A Jackson, MS 39201

The public may obtain information or make requests to the Staff by contacting:

PUBLIC UTILITIES STAFF Executive Director Third Floor Woolfolk State Office Building Post Office Box 1174 Jackson, MS 39215-1174 Telephone: (601) 961-5493 Facsimile: (601) 961-5804 E-mail address: efile.mpus@psc.state.ms.us Street address: 501 N. West Street Suite 301B Jackson, MS 39201

Chapter 04 Records of the Commission and Staff made Public

Rule 4

39 Miss. Admin. Code Pt. 1, R. 100 Rule 100

Commission Policy This rule is adopted pursuant to the requirements of the "Mississippi Public Records Act of 1983." (Miss. Code Ann. §25-61-1 et seq.). Except as provided or authorized by Miss. Code Ann. §25-61-9, 25-61-11, 77-3-79, 79-23-1 or as may be otherwise provided by law, all records of the Commission are hereby declared to be public property. All persons shall have the right to inspect, copy or mechanically reproduce or obtain a reproduction of such documents as are in the possession of the Commission and in accordance with reasonable written procedural rules adopted by the Commission.

1. Informal Requests It is the policy of the Public Service Commission to encourage and promote public participation in Commission affairs and, toward that end, the Commission declares its desire and intent to promptly honor all requests for access to or copies of all documents in the possession of the Commission. Informal requests for information or documents may be made orally or in writing to the Executive Secretary of the Commission and all reasonable efforts will be made to comply promptly with such requests. Informal requests shall not be considered as requests made under the provisions of the "Mississippi Public Records Act of 1983."

2. Formal Requests If desired, a formal request for documents may be made to the Commission pursuant to the provisions of this rule. The Commission's Executive Secretary is designated as the Public Records Compliance Officer.

a. Form Such request shall be in writing and shall state or describe with particularity the documents being requested. A formal request for documents shall be designated as such and shall state its reliance upon this rule. The request should be addressed to the Commission's Executive Secretary at the addresses provided in RPs 3 and 5 herein.

b. Charges In the discretion of the Executive Secretary of the Commission, a charge not to exceed fifty (50) cents per page plus an administrative cost may be imposed. Such charge includes the actual cost of searching, reviewing and/or duplicating records. An additional charge for mailing copies to the requesting person may be assessed. Fees pursuant to this rule may be required to be paid in advance of complying with the request pursuant to Miss Code Ann. §25-61-7.

c. Copying All copying shall be done by the Commission. Original documents shall not be taken from the Office of the Executive Secretary for copying except by authorized personnel.

d. Time Formal requests for documents shall be responded to on or before fourteen (14) working days from the date upon which the request is received by the Commission.

e. Denials Any denial of a request for documents under the provisions of any applicable law or court decision shall be in writing and shall contain a statement of the specific reason for the denial. The Commission shall maintain a file of all denials of requests for public records which shall be in the possession and under the supervision of the Executive Secretary. Copies of all denials shall be maintained on file for a period of not less than three (3) years from the date upon which the denial was made. Any person desiring to inspect the file shall be allowed to do so upon written request to the Executive Secretary.

3. Exempt Documents Any person or party who files or submits documentation with the Commission denoted as exempt pursuant to Miss. Code Ann. §25-61-9, 25-61-11, 77-3-79 and 79-23-1 shall provide a statement in accordance with RP 6 herein to the Commission at the time of filing which fully explains why the documents are designated as exempt.

Any document filed or submitted with the Commission which contains trade secrets or confidential commercial or financial information subject to the protection of any applicable law or court decision shall be clearly designated as such on its face and accompanying cover letter at the time of filing and shall be placed in an envelope other than white. Each page of each document shall be marked confidential. Upon request for copies of any documents so designated, the Commission shall notify the person or utility that filed the document. Twenty-one (21) days after such notice the document will be made available for public inspection pursuant to the terms of this rule unless the filing party shall have petitioned the Chancery Court for an order protecting such records as confidential pursuant to Miss. Code Ann. §25-61-9. Any party seeking a protective order shall give notice to the party requesting the information in accordance with the Mississippi Rules of Civil Procedure.

4. Temporary Protective Orders During the course or conduct of any public or formal proceeding, the Commission may, for good cause shown, temporarily restrict or deny the public disclosure of any document which would otherwise become part of a public record or proceeding so as to allow for a judicial determination concerning its disclosure. Such order shall be upon such terms and conditions as are determined by the Commission.

39 Miss. Admin. Code Pt. 1, R. 101 Rule 101

Staff Policy This rule is adopted pursuant to the requirements of the "Mississippi Public Records Act of 1983." (Miss. Code Ann. §25-61-1 et seq.). Except as provided or authorized by Miss. Code Ann. §25-61-9, 25-61-11, 77-3-79, and 79-23-1, or as may otherwise be provided by law, all public records of the Staff are hereby declared to be public property. All persons shall have the right to inspect, copy or mechanically reproduce or obtain a reproduction of such documents as are in the possession of the Staff and in accordance with reasonable written procedures adopted by the Staff.

1. Informal Requests It is the policy of the Staff to encourage and promote public participation in public affairs and, toward that end, the Staff declares its desire and intent to promptly honor all requests for access to or copies of all documents in the possession of the Staff. Informal requests for information or documents may be made orally or in writing to the Executive Director of the Staff, and all reasonable efforts will be made to comply promptly with such requests. Informal requests shall not be considered as a request made under the provisions of the "Mississippi Public Records Act of 1983."

2. Formal Requests If desired, a formal request for documents may be made to the Executive Director of the Staff pursuant to the provisions of this rule.

a. Form Such request shall be in writing and shall state or describe with particularity the documents being requested. A formal request for documents shall be designated as such and shall state its reliance upon this rule. The request should be addressed to the Executive Director at the addresses provided in RPs 3 and 5 herein.

b. Charges In the discretion of the Executive Director, a charge not to exceed fifty cents (50) per page plus an administrative cost may be imposed. Such charge shall include the actual cost of searching, reviewing and/or duplicating records. An additional charge for mailing copies to the requesting person may be assessed. Fees pursuant to this rule may be required to be paid in advance of complying with the request pursuant to Miss. Code Ann. §25-61-7.

c. Copying All copying shall be done by the Staff. Original documents shall not be taken from the Office of the Staff for copying except by authorized personnel.

d. Time Formal requests for documents shall be responded to on or before fourteen (14) working days from the date upon which the request is received by the Executive Director.

e. Denials Any denial of a request for documents under the provisions of any applicable law or court decision shall be in writing and shall contain a statement of the specific reason for the denial. The Staff shall maintain a file of all denials of requests for public records which shall be in the possession and under the supervision of the Executive Director. Copies of all denials shall be maintained on file for a period of not less than three (3) years from the date upon which the denial was made. Any person desiring to inspect the file shall be allowed to do so upon written request to the Executive Director.

3. Exempt Documents Any person or party who submits documentation with the Staff denoted as exempt pursuant to Miss. Code Ann. §25-61-9, 25-61-11, 77-3-79 and 79-23-1 shall provide a statement in accordance with RP 6 herein to the Staff at the time of submission, which fully explains why the documents are designated as exempt.

Any document submitted to the Staff which contains trade secrets or confidential commercial or financial information subject to the protection of any applicable law or court decision shall be clearly designated as such on its face or accompanying cover letter at the time of filing and shall be placed in an envelope other than white. Each page shall be marked confidential. Upon request for copies of any documents so designated, the Staff shall notify the person or utility that filed the document. Twenty- one (21) days after such notice the document will be made available for public inspection pursuant to the terms of this rule unless the filing party shall have petitioned the Chancery Court for an order protecting such records as confidential pursuant to Miss. Code Ann. §25-61-9. Any party seeking a protective order shall give notice to the party requesting the information in accordance with the Mississippi Rules of Civil Procedure.

Chapter 05 Offices of the Commission and the Staff Docket and Other Meetings

Rule 5

39 Miss. Admin. Code Pt. 1, R. 100 Rule 100

Office of the Commission – Office Hours - Fax Number – Mailing - Electronic and Street Address The principal office of the Commission is on the Second Floor of the Woolfolk State Office Building in Jackson, Mississippi. This office is open on business days excluding holidays, from 8:00 a.m. to 5:00 p.m. The mailing address, telephone number, facsimile number and e-mail address of the Commission are: MISSISSIPPI PUBLIC SERVICE COMMISSION Executive Secretary Woolfolk State Office Building, Suite 201A Post Office Box 1174 Jackson, MS 39215-1174 Telephone: (601) 961-5432 Facsimile: (601) 961-5448 E-mail address: efile.psc@psc.state.ms.us Street address: 501 N. West Street Suite 201A Jackson, Mississippi 39201

All documents filed in all proceedings must be filed with the Commission at one of these addresses. The Commission’s electronic address for its Internet homepage is www.psc.state.ms.us.

39 Miss. Admin. Code Pt. 1, R. 101 Rule 101

Public Access Computers The Commission maintains a computer which may be used by the public during the Commission’s normal hours of operations and is located on the Second Floor of the Woolfolk State Office Building, 501 N. West Street, Suite 201A, unless information is confidential and otherwise exempt from public disclosure pursuant to applicable law.

The Staff maintains a computer accessible for public use during normal business hours for the retrieval of documents filed with the Commission or served upon the Staff and the paper copies of data requests and responses may be inspected and copied at the Office of the Staff unless information is confidential and otherwise exempt from public disclosure pursuant to applicable law. This computer is located on the Third Floor of the Woolfolk State Office Building, 501 N. West Street, Suite 301B.

39 Miss. Admin. Code Pt. 1, R. 102 Rule 102

Office of the Staff – Office Hours - Fax Number – Mailing - Electronic & Street Address The office of the Staff is located on the Third Floor of the Woolfolk State Office Building in Jackson, Mississippi, and will be open on business days excluding holidays from 8:00 a.m. to 5:00 p.m. The mailing address, telephone number, facsimile number and e-mail address for the Staff are:

39 Miss. Admin. Code Pt. 1, R. 103 Rule 103

Commission’s Executive Secretary The Executive Secretary is the custodian of all public files, orders, minutes, dockets and other records of the Commission and may certify copies of papers, documents, records or minutes for purposes of appeal and other official matters. The Executive Secretary is responsible for service of all orders, notices, summonses of the Commission and of all complaints filed with the Commission. All written communications and documents that are intended to be part of an official Commission record (other than a hearing record) must be filed with the Executive Secretary. Information concerning proceedings before the Commission and its docket or the status of any matter before the Commission is available from the Office of the Executive Secretary. The Executive Secretary also performs other duties as directed by the Commission and as described in Miss. Code Ann. §77-1-15.

39 Miss. Admin. Code Pt. 1, R. 104 Rule 104

Regular Meetings The Commission will hold regular meetings on the first Tuesday of each month where the Commission reviews pending cases on its docket. However, the Commission may, in its discretion, change the day of such meetings. These meetings are required to be held in Jackson, Mississippi, but may be recessed when desirable to any point within the State. Any regular meeting, not exceeding two in any year, may be pretermitted.

39 Miss. Admin. Code Pt. 1, R. 105 Quorum Two members of the Commission shall constitute a quorum

39 Miss. Admin. Code Pt. 1, R. 106 Rule 106

Special Meetings Special meetings for the holding of hearings or for other purposes shall be held at such times and places within the State as the Commission shall, from time to time, fix and determine. PUBLIC UTILITIES STAFF and PUBLIC RECORDS EXECUTIVE DIRECTOR Telephone: (601) 961-5493 COMPLIANCE OFFICER Telephone: (601) 961-5489 Woolfolk State Office Building Suite 301B Post Office Box 1174 Jackson, MS 39215-1174 Facsimile: (601) 961-5804 E-mail address: efile.mpus@psc.state.ms.us Street address: 501 N.West Street Suite 301B Jackson, Mississippi 39201

39 Miss. Admin. Code Pt. 1, R. 107 Rule 107

Administration The Commission will be in continuous session for administrative purposes.

39 Miss. Admin. Code Pt. 1, R. 108 Rule 108

Meetings Public All meetings and hearings of the Commission shall be open to the public with the exception of executive sessions held in conformity with the provisions of the Mississippi Open Meetings Law, Miss. Code Ann. §25-41-1 et seq.

39 Miss. Admin. Code Pt. 1, R. 109 Rule 109

Ex Parte Communications Ex Parte Communications are governed by Miss. Code Ann. §77-2-13.

Chapter 06 General Rules

Rule 6

39 Miss. Admin. Code Pt. 1, R. 100 Rule 100

Case Identity/Docket Each matter coming before the Commission on a formal basis shall be known as a case, shall receive a Docket number and a concise title that is descriptive of the subject matter and shall be docketed accordingly. Thereafter, all papers filed with respect thereto shall bear such title and number and be likewise noted on the Public Utilities Docket.

39 Miss. Admin. Code Pt. 1, R. 101 Rule 101

Utility Identification Number/Rejection of Filing/Required Paper Copies Each utility subject to the jurisdiction of the Commission shall be assigned an identification number upon receipt of a Certificate of Public Convenience and Necessity. This identification number, after certification, must be provided on the first page of all petitions, pleadings, correspondence and other documents filed with the Commission.

The Executive Secretary may reject any filing made by a utility which does not list the identification number of a public utility upon notice of rejection to the filing utility. The Executive Secretary, upon accepting a filing which conforms to these rules, enters a stamped filed date on the first page of each document which designates the official filing date of the document. The Executive Secretary shall assign a docket number at that time. However, the electronic filing of a case with the Executive Secretary will not result in the publication and noticing of a proceeding until the requisite number of paper copies are received by the Executive Secretary.

39 Miss. Admin. Code Pt. 1, R. 102 Rule 102

Filing of Documents 1. Filing with the Commission Defined The filing of petitions and other documents with the Commission shall be made by filing them with the Executive Secretary of the Commission no later than 5:00 p.m.

2. Number Required Unless otherwise provided, the original and twelve (12) copies of all Petitions, Prefiled Testimony, Exhibits, Motions, Pleadings of any nature and any other type of document (except for copies of maps, plans and specifications, see below) required or allowed to be filed under the provisions of these rules shall be filed with the Commission by transmitting a copy to the Executive Secretary. The Executive Secretary shall deliver eight (8) stamped filed copies to the Office of the Executive Director of the Staff.

3. Methods for Filings and Submittals of Documents a. Addresses RP 5 provides the addresses, location and other information necessary to accomplish any manner of filing or submittal of documents;

b. Manner of filing Methods of filing with the Executive Secretary and submissions to the Staff may be by delivering a copy to the Office of the Executive Secretary or the Office of the

Public Utilities Staff; by mailing a copy to the proper mailing address of each agency; or by transmitting electronically by facsimile or by e-mail;

c. When Filing Is Complete Filing by mail or delivery is complete upon receipt by the Executive Secretary. The submittal of documents to the Staff is complete, where mailed or delivered, upon receipt by the Executive Director of the Staff. Filing by electronic means is complete when the electronic equipment being used by the Commission acknowledges receipt of the material. All persons filing or submitting documents via facsimile or e-mail must ensure that their equipment will receive the automatic acknowledgement from the Commission’s and/or the Staff’s equipment. The FAX equipment utilized must be configured so that the Transmission Verification Report can reflect an ok result. Otherwise, the filing or submittal is not complete until the filing party obtains an acknowledgement from the Executive Secretary of the Commission and/or the Executive Director of the Staff, where appropriate.

When transmitting by e-mail, the computer being utilized must have an active feature that will receive the Commission’s or the Staff’s automatic acknowledgement of the transmission. If the sender’s equipment fails to receive the Commission’s or Staff’s automatic acknowledgement of a facsimile or e-mail, the filing is not complete until the filing party obtains an acknowledgement from the Commission and/or the Staff, where appropriate.

d. Filing or Service of Documents by Facsimile and E-mail i User’s Guide The Internet homepage of the Commission contains a user’s guide for assistance in filing or serving documents by e-mail or facsimile. This website is www.psc.state.ms.us. The user’s guide provides detailed requirements for the filing and service of electronic files and documents. ii Size of Document Documents filed or served by e-mail are limited to a size of no more than 10 mb per each transmission and must be in an adobe portable document format (PDF). CD ROMS are acceptable. All electronic documents must be provided in non-editable form. iii Requirement of Paper Copies Within three (3) business days of transmittal of a document for filing by facsimile or e-mail, the requisite number of paper copies, as designated above, shall be furnished to the Executive Secretary of the Commission or to the Executive Director of the Staff, whomever is applicable. iv Electronic File Stamp The Executive Secretary of the Commission will electronically file stamp date on a document for filing sent via e-mail. It is required that all senders of e-mail provide a return e-mail address for acknowledgment of the filing. All senders of e-mails or facsimile are required to have the capability to accept the acknowledgment of the Commission and of the Staff acknowledging receipt of the document(s). v Hours for Filings All filings to the Executive Secretary must be made from the hours of 8:00 a.m. – 5:00 p.m. each day.

vi Staff’s Preference for Service of Documents Upon Staff The Staff’s preference is that where a party has e-mail capability, that e-mail is preferred over transmission by facsimile. vii Required Data Documents filed utilizing e-mail or FAX must contain the sender’s name, e-mail address, FAX number, along with their current mailing address and telephone number. Failure to comply with this requirement may result in the rejection of said filing. viii Documents Submitted Electronically To Staff The same requirements specified in the user’s guide regarding the utilization of FAX or e-mail shall apply to any document filed with the Commission or submitted to the Staff. ix Electronic Transmittal of Tariffs, including Compliance Tariff In order to electronically transmit a tariff with the Commission or with the Staff, the individual sender must comply with the user’s guide.

39 Miss. Admin. Code Pt. 1, R. 103 Rule 103

Combining Methods of Transmittal A party may use different methods of transmittal of documents within a case. Generally, there is no restriction on a choice of filing documents or serving documents, except that maps and engineering plans and specifications may not be faxed or e-mailed due to the oversized nature of these documents. See the user’s guide on transmittals of documents by facsimile.

39 Miss. Admin. Code Pt. 1, R. 104 Rule 104

Signature Required 1. Who Must Sign All filings and data responses shall be verified. Every petition, motion or other document of a party represented by an attorney except for prefiled testimony, shall be signed by at least one attorney of record in that attorney’s individual name, whose mailing address, facsimile number and e-mail address shall be stated. A party who is not represented by an attorney shall sign and verify that party’s petition, motion or other document and state the party’s mailing address, facsimile number and e-mail address, if available. The signature of an attorney or other person constitutes a certificate that they have read the document; that to the best of their knowledge, information and belief there is good ground to support it, and that it is not interposed for delay. The signature of an attorney who is not regularly admitted to practice in Mississippi, except on a verified application for admission pro hac vice, shall further constitute a certificate by the attorney that the foreign attorney has been admitted in the case in accordance with the requirements and limitations of Rule 46(b) of the Mississippi Rules of Appellate Procedure.

2. Sanctions If a petition is not signed, it may be rejected for filing with proper notification provided to the sender. All other documents which are not signed may be stricken from the record. Also, if a filing, motion or other document is not signed or is signed with intent to defeat the purposes of these rules, it may be stricken as sham and false and the proceedings may continue as though the filing, motion or other document had not been served. For willful violation of these rules, an attorney may be subjected to appropriate disciplinary action. Similar action may be taken if scandalous or indecent matter is inserted.

39 Miss. Admin. Code Pt. 1, R. 105 Rule 105

Specifications for Filing of Documents All documents and accompanying exhibits filed with the Commission or furnished to the Staff shall be legible and handwritten, printed, typewritten or furnished via electronic means, including by e-mail or facsimile. All documents shall be submitted on white eight and one-half inches by 11 inch (8½ x 11) paper with one and one-half inch left margins. The top margin on the first page of each document shall be no less than two and one-half inches. Right side margins shall be not less than one-half inch. All pages shall be consecutively numbered. Font size shall be no less than 10 point. All papers and exhibits shall be prepared on only one side of the paper. Maps, plans and specifications shall be filed to original scale.

39 Miss. Admin. Code Pt. 1, R. 106 Rule 106

Number of Maps, Plans and Specifications When a Mississippi Department of Transportation map is required by these rules to be filed, the original and two (2) copies of the map, of original scale, shall be filed with the Executive Secretary of the Commission. The original and one (1) copy of all other oversized maps, plans and specifications, of original scale, shall be filed with the Executive Secretary of the Commission. The Executive Secretary of the Commission shall forward one (1) copy of each to the Executive Director of the Staff.

39 Miss. Admin. Code Pt. 1, R. 107 Rule 107

Defective, Insufficient or Late Pleading Defective, insufficient or late pleadings may be returned or dismissed.

39 Miss. Admin. Code Pt. 1, R. 108 Rule 108

Electronic Docket The Commission maintains an electronic docket via the link, “Docket,” on its Internet homepage which reflects all pending proceedings.

39 Miss. Admin. Code Pt. 1, R. 109 Rule 109

Filing of Confidential or Exempt Document 1. Purpose and Scope The purpose of this rule is to discourage the practice of filing non-confidential information confidentially, while providing a fair procedure for utilities and other filers to protect truly confidential information such as trade secrets or sensitive financial information. The Commission prefers that information be filed publicly, rather than confidentially. This Rule shall not be construed to protect information to any greater degree than that already afforded by applicable Mississippi law, including the Mississippi Public Records Act, Miss. Code Ann. § 25-61-3, -9. Before any information is filed confidentially pursuant to this Rule, the utility or other filer shall

consider whether such information would be deemed confidential under any other applicable state or federal law. If the information would not be confidential under any other applicable law, then the information shall not be filed confidential pursuant to this Rule.

2. Definition “Confidential information” means information, documents, or records that are of a confidential or proprietary nature pursuant to Mississippi or other applicable law.

3. Trade Secrets Pursuant to Miss. Code Ann. §75-26-3, “trade secrets” may be confidential and may include but are not limited to, information, including a formula, pattern, compilation, program, device, method, technique or process, that: (a) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

4. Specific Items

a. Information included in a rate schedule pursuant to Miss. Code Ann. § 77-3-35 is not confidential and shall not be treated as such. b. Any confidential information or items that can be reasonably redacted from any document or material shall be so redacted, and the document or material shall be filed publicly without seeking a confidential designation. The utility or other filer must still comply with the applicable justification requirements of section 6(b) of this Rule. c. In accordance with Miss. Code Ann. § 79-23-1(1), (2), and § 25-61-9(1), information related to the establishment of, or changes in, rates regulated by the Commission shall be presumed to be accessible public records. If a utility considers such information confidential, the utility shall follow the procedures set out in section 4(b) or section 6 of this Rule. d. Information that has been publicly filed in any other forum (for example, but not limited to, the Federal Energy Regulatory Commission, with the clerk of a court, or other agency) shall not be filed as confidential under this Rule. e. If a utility seeks confidential designation for any information filed in response to a data request, the utility shall follow section 6(c) of this Rule.

5. Required Placement In Envelope For paper copies, the page(s) containing the trade secret or confidential information shall be placed in an envelope other than white. Each page placed in the envelope shall be marked as “TRADE SECRETS” or “CONFIDENTIAL”.

6. Procedure

a. Unless redacted and filed in accordance with section 4(b) of this Rule, whenever a party considers information contained in pleadings or other documents are trade secrets, confidential or otherwise exempt from public disclosure, the party shall designate that the information is protected by law from public inspection, examination or copying. Trade secrets or confidential information contained in documents will be removed and replaced by the filing party with a page marked: “This document contains trade secrets or confidential information and is separately filed.” All information for which no assertion of protection from public inspection, examination and copying is made will be placed in files available for public inspection. Trade secrets, confidential information and other records exempt from public inspection shall be separately stored in a secured location with limited access and safeguarded from unauthorized disclosure. b. A filing seeking confidential designation of information must be made, in writing no later than simultaneously with the submission of said information. The utility or any other filer shall provide the legal and factual basis for its assertion that the information qualifies as either confidential or a trade secret pursuant to Mississippi law and shall state why the information cannot be reasonably redacted and filed publicly. The justification by the utility or other filer for classification of the item as confidential or a trade secret must contain sufficient detail to permit a reasoned analysis by the Commission. If the Commission is unsatisfied with the justification, the Commission, at its sole discretion, may deny the confidential designation by written order, require the utility or other filer to provide further clarification or briefing or hold a hearing to resolve the confidential designation issue. c. Data Requests. If a utility or other party is required to submit confidential information pursuant to a data request, the information must be designated as confidential simultaneous with the filing of said information; however, a written justification of its confidentiality shall be submitted to the Commission within 14 calendar days after the information has been filed. If a utility or other party fails to provide written justification, the Commission, at its sole discretion, may deny the confidential designation by written order, require the utility or other party to provide justification or briefing or hold a hearing to resolve the confidential designation. d. A utility may petition the Commission for a waiver of the justification requirement for particular sections of certain routine filings. Waivers can only by granted for a period of time not to exceed three (3) years. Waivers can be rescinded by the Commission at its discretion and for any reason. The Commission may require conditions to be met by the utility prior to granting a waiver. Conditions may include, but are not limited to: 1) Filings which are made on a recurring or periodic basis; or 2) Information which has regularly been classified as confidential by the Commission in the past. e. Once information is filed pursuant to and in satisfaction of this Rule, it will be treated as confidential. If the Commission denies the designation of information as

confidential or a trade secret, the information will be kept confidential until the time for filing an appeal from a Commission order has expired. If an appeal is filed, the Commission will keep the material confidential until judicial review is complete. f. No issue related to confidential designation shall constitute a basis to stay a docketed proceeding if the Commission and Staff have received access to the information in dispute and other parties have been given the opportunity to enter into protective agreements to obtain access to such information.

7. Protective Agreements In proceedings before the Commission involving trade secrets or other confidential information, parties may enter into protective agreements to facilitate and safeguard the exchange of necessary information. Protective agreements may include procedures for copying, exchanging, serving, safeguarding, or challenging the characterization of trade secrets or confidential information. The Commission and the Staff shall not be a party to protective agreements and will not be bound by the terms of protective agreements.

8. Review of Confidentiality

a. The Commission may, upon its own initiative, address the redaction or confidential designation of any information at any time. The Commission may determine the confidentiality of any information based solely on the justification submitted by the utility or other filer. The Commission may require any briefing from the utility or other filer it deems necessary to help the Commission resolve the confidentiality determination. The Commission may notice and hold any hearing it deems necessary to resolve the confidentiality determination. b. Except for the Public Utilities Staff, any party to a proceeding or any other person or entity that wishes to review or challenge the filing or designation of confidential information is referred to the Mississippi Public Records Act and Commission Rule 4. c. The Commission, at its sole discretion, may designate one of its members or attorneys, including any special assistant attorney general assigned to the Commission, to act as a hearing examiner regarding any and all matters relating to confidentiality. Such officer may exercise all authority held by the Commission in matters related to this Rule.

History

• Source: Mississippi Code Annotated § 77-3-45.

39 Miss. Admin. Code Pt. 1, R. 110 Rule 110

Service of Copies Except as otherwise provided by these rules, one copy of all documents or pleadings required or allowed to be filed under the provisions of these rules shall be served upon all parties.

39 Miss. Admin. Code Pt. 1, R. 111 Rule 111

Certificate of Service Requested A party or his attorney, where applicable, shall sign a Certificate of Service stating

compliance with this rule and such shall be an exhibit to the filing made with the Executive Secretary.

39 Miss. Admin. Code Pt. 1, R. 112 Rule 112

Service of Documents 1. Concurrent Service/Methods of Service Unless otherwise noted herein, documents which are required to be served on other persons or parties shall be served concurrently with the filing with the Executive Secretary. Service upon a party, service of orders, notices, pleadings, motions and other documents upon a party shall be made by delivering a copy to the party, by transmitting it to the party by electronic means, by facsimile transfer or e-mail, or by mailing to the party or other person at their last known address. Delivery of a copy means handing it to a party, leaving it at the office of a party with a person in charge thereof, or leaving it at the dwelling house or usual place of abode of the party with some person of suitable age and discretion then residing therein. Service by electronic means is complete when the electronic equipment being used by the party being served acknowledges receipt of the material. If the equipment used by the party being served does not automatically acknowledge the transmission, service is not complete until the sending party obtains an acknowledgement from the recipient. Service by mail is complete upon mailing. If a pleading or other document is served by mail, three days shall be added to the prescribed period in which the party being served has to respond or take other action with respect to the pleading. For purposes of service of documents under this section, the term “party” shall also refer to the Commission and the Staff.

2. Mandatory Service upon Attorney Whenever service is made upon a party who is represented by an attorney of record in the proceedings, the service shall be made upon such attorney.

39 Miss. Admin. Code Pt. 1, R. 113 Rule 113

Issuance of Order, Notice or Other Document or Service of Document An Order, notice or other document issued by the Commission, or a document served by the Commission or the Staff, shall be dated and deemed issued on the day it is served on the parties to the matter. Where the order, notice or other document is served by mail, said document must be dated and is deemed issued on the day it is mailed.

39 Miss. Admin. Code Pt. 1, R. 114 Rule 114

Incorporation by Reference Whenever in these rules it is provided that any statement, document, paper or data shall be filed with any pleading, if such statement, document, paper or data has already been filed with the Commission in some other proceeding, it shall be sufficient if this fact is stated and reference is made to the subject matter and docket number of the other proceeding, unless the Commission orders otherwise.

39 Miss. Admin. Code Pt. 1, R. 115 Rule 115

Foreign Corporation The initial pleading filed by any foreign corporation or foreign business entity shall clearly establish its authority to do business in this State by attaching a copy of such authority or incorporating by reference any theretofore filed authority. Said authority shall be in addition to any copy of the articles of incorporation or charter required to be included by these rules.

39 Miss. Admin. Code Pt. 1, R. 116 Rule 116

Process, Issuance of 1. Procedure Upon the written motion of any party or his attorney, the Commission may issue subpoena(s), subpoena(s) duces tecum and all necessary process in proceedings pending before it. All process issued by the Commission shall be signed by the Chairman or Executive Secretary of the Commission, and the seal of the Commission shall be affixed thereto. In issuing all subpoenas, the original and all copies shall show at whose instance the subpoena is issued. All persons responding to process issued under this rule shall be entitled to the same per diem and mileage as witnesses attending the Circuit Courts in Mississippi. Such costs are to be borne by the party at whose instance the process is issued.

2. Subpoena(s) Duces Tecum Subpoena(s) duces tecum will be issued upon the written motion of a party or his attorney in the discretion of the Commission and then only when the motion sets forth as plainly as possible the books, accounts, papers or records desired to be produced and the purpose of their production. A party shall have twenty (20) days after service to respond to a subpoena duces tecum unless otherwise ordered by the Commission.

3. Deposit In its discretion, the Commission may require a deposit or other guarantee that the fees of witnesses and fees of officers serving process will be paid.

39 Miss. Admin. Code Pt. 1, R. 117 Rule 117

Process, Service of Subpoena(s), subpoena(s) duces tecum, notices, orders or other papers required to be served shall be served in any manner provided by law. Any person serving such process shall be entitled to the same fees as are paid for like services in the courts of this State and the cost shall be borne by the party at whose instance the process is served.

39 Miss. Admin. Code Pt. 1, R. 118 Rule 118

Continuing Jurisdiction All holders of Certificates of Public Convenience and Necessity as public utilities in the State of Mississippi are considered to be under the continuing jurisdiction of the Commission, and notice of any proceeding undertaken by the Commission can be made upon such certificated public utility by written notice to the public utility.

39 Miss. Admin. Code Pt. 1, R. 119 Rule 119

Depositions Depositions shall be taken only upon agreement of the parties pursuant to Miss. Code Ann. §77-3-51. The procedure for the taking and use of depositions shall be as set forth in the Mississippi Rules of Civil Procedure.

39 Miss. Admin. Code Pt. 1, R. 120 Rule 120

Attorney(s) 1. Admitted to Practice in Mississippi Attorneys admitted to practice in the courts of this State may appear and represent parties in proceedings before the Commission (or such parties may appear in their own

person), and copies of all notices, documents and pleadings shall be served on its designated attorney or attorneys.

2. Not Admitted to Practice in Mississippi Attorneys not admitted to practice in the State of Mississippi may appear before the Commission only in compliance with the provisions of Rule 46 of the Mississippi Rules of Appellate Procedure.

39 Miss. Admin. Code Pt. 1, R. 121 Rule 121

Interventions 1. When Allowed Upon timely motion, any person may be permitted to intervene in a proceeding when the movant has a substantial interest relating to the property, transaction or outcome of the proceeding at issue and the movant is so situated that the disposition of the proceeding may as a practical matter impair or impede his or her ability to protect that interest. Leave thus granted shall entitle the intervenor to the status of a party and to participate as a party, subject to such conditions as may be prescribed by the Commission.

2. Procedure A person desiring to intervene shall file a motion to intervene with the Commission, shall serve a motion to intervene upon the filing party and upon all other parties in the proceeding. The motion shall state the grounds and specific facts therefore. The motion shall be signed by the attorney appearing on behalf of a party or by the party himself and shall provide the movant’s name, address, facsimile number and e-mail address, where available. The motion shall contain a certificate of service stating that service was made upon all parties of record. The movant shall attach a proposed order to the motion filed with the Commission.

3. Time For Motions to intervene shall be filed on or before twenty (20) days from the date the proposed intervenor receives actual notice or constructive notice of the proceeding, whichever occurs first. Constructive notice is given by the filing of a proceeding; however, if public notice thereof is published, then constructive notice is given by the last publication date.

4. Objections Any utility or party may file an objection to the intervention request within seven (7) calendar days of the filing of an intervention request. If no objection is timely filed and the Commission deems it proper, the Commission may enter an order allowing the timely intervention.

5. Late Interventions Motions to intervene not timely filed under this rule shall be allowed at the discretion of the Commission and only upon good cause shown. Except as otherwise ordered, a grant of an untimely motion to intervene must not be a basis for delaying or deferring any procedural schedule established prior to the grant of that motion. The Commission

may impose limitations on the participation of a late intervenor to avoid delay and prejudice to the other participants. Except as otherwise ordered, a late intervenor must accept the record of the proceedings as the record was developed prior to the late intervention.

6. Other Parties The Commission may, in any proceeding pending before it, order that any person or corporation whose interest will be affected by the result of such proceeding be made or permitted to be made a party thereto. Thereafter, all those so made parties, or those permitted to be so made parties who avail themselves of such right, shall be entitled to have notice of hearings and be heard in person or by attorney, subject to such conditions as may be prescribed by the Commission in each case.

7. Public Witness A public witness does not have the rights of a party to examine witnesses or otherwise participate in the proceedings. The Commission, in any proceeding before it, may allow public witnesses to introduce evidence at a hearing by written or oral statements and exhibits. A public witness’s written or oral statements and exhibits may be subject to examination and objection.

8. Furnishing of Filed Documents to Intervenor The person who initiated the filing shall upon written request provide the requesting intervenor with copies of documents previously filed by the party.

39 Miss. Admin. Code Pt. 1, R. 122 Rule 122

Data Requests and Responses 1. Filing of Data Requests and Responses Not Required Data requests and responses thereto shall not be filed with the Executive Secretary of the Commission, but shall be served as provided herein.

2. Service of Copies Copies of all data requests shall be served on all parties to the proceedings. Four (4) copies of all data requests and data responses shall be provided to the Staff. The requesting party shall retain the original of the data request and become the custodian thereof. A copy of the response shall be served on the requesting party and on any other party who so requests in writing a copy, except the Staff shall be copied as previously stated. The responding party shall retain the original of the response to the data request and be the custodian thereof.

3. Certificate of Service All copies of data requests served upon the parties in a proceeding shall contain a certificate of service.

4. Responding a. Time for Responding

The party upon whom the data requests have been served shall furnish copies of the responses within twenty (20) days of the date of service or as ordered by the Commission. All copies of data responses shall contain a certificate of service. b. Manner of Responding When responding to data requests, the full text of the data request shall be set out preceding the response. Each shall be answered separately and fully in writing. Each set of data responses shall be signed under oath.

5. Objecting a. Objection to Data Request If a party objects to a data request, the full text of the data request shall be set out preceding the objection. The objection shall state with specificity the grounds therefore with respect to each item requested in the data request.

b. Objection to Production of Documents Unless an objection to responding under this section is based on the ground that production would impose an undue burden, the objecting party must provide the party seeking discovery with a schedule of items withheld and a statement of: i The character and specific subject matter of each item; and ii The specific objection asserted for each item.

If an objection under this section is based on the ground that production of the requested material would impose an undue burden, the objecting party must provide the party seeking discovery with a description of the approximate number of documents that would have to be produced.

6. Compelling Responses A party may, by Motion to Compel, apply to the Commission for an order compelling a response to a data request. Prior to filing a Motion to Compel, the requesting party shall discuss with the responding party the requesting party's intention to file such a motion, and both parties shall make a good faith effort to resolve their discovery dispute without the need of the Commission's intervention. If a Motion to Compel is sought, a copy of the data request at issue shall be attached to the Motion to Compel. All parties in the proceeding shall be served a copy of said Motion to Compel with attachments.

7. Request for Waiver Where compliance with the portion of this rule regarding service of copies would be unreasonably burdensome, the responding party may file a motion for waiver of the normal manner of service. The Commission may, in its discretion, decide the request on a case by case basis.

8. Part of Record Data requests and responses are not part of the record of the filing unless offered and admitted into evidence.

39 Miss. Admin. Code Pt. 1, R. 123 Rule 123

Computation of Time In computing any period of time prescribed or allowed by these rules, by order of the Commission, or by any applicable statute, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday or a legal holiday, as defined by statute, or any other day when the Commission’s office or the Staff’s office is in fact closed, whether with or without legal authority, in which event the period runs until the end of the next day which is not a Saturday, a Sunday or a legal holiday or any other day when the Commission’s offices or the Staff’s office is closed. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation. In the event any legal holiday falls on a Sunday, the next following day shall be a legal holiday.

Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice, order, pleading, motion or other document upon him and the notice or document is served upon him by mail, three days shall be added to the prescribed period.

39 Miss. Admin. Code Pt. 1, R. 124 Rule 124

Amended filings A party may amend the initial filing only by permission of the Commission or upon written consent of all other parties.

39 Miss. Admin. Code Pt. 1, R. 125 Rule 125

Dismissal of Proceedings 1. Stipulation of Dismissal A proceeding shall not be dismissed at the filing party's instance except upon order of the Commission and upon such terms and conditions as the Commission deems proper.

2. Involuntary Dismissal The Commission may, upon its own motion or upon a motion by the Staff or by motion made by any other party, dismiss or remand to the files a proceeding for failure of the filing party to prosecute or to comply with any relevant provision of these rules, the Act or any Order of the Commission.

3. Inactive Dockets Any application, petition, complaint, or other matter filed with the Commission in which no activity of record or written order is taken for a period of nine months shall be automatically dismissed without prejudice for lack of prosecution. However, a matter will not be dismissed for inactivity where a motion is pending before the Commission. Computation of the nine month period shall begin with the date of the last filing or other activity of record concerning the matter. In order to avoid automatic dismissal, a motion must be made or an order issued, properly signed and filed with the Commission before the nine month period expires. A party may file a motion to extend the time for an additional three months; however, the Commission, on its own motion, may extend or waive this portion of the rule to conclude the docket. For the purposes of this rule, activity of record shall include any application, petition,

complaint, motion, brief, or other pleading filed with the Commission as well as any hearing or oral argument held in this matter.

39 Miss. Admin. Code Pt. 1, R. 126 Rule 126

Consolidation When proceedings before the Commission involve a common issue of law or fact, the Commission may consolidate all the matters at issue for hearing but may retain the right to issue separate orders. The Commission, in the interest of convenience or in the interest of economy, may order a separate hearing of any claim, request, counterclaim or of any issue presented to it.

39 Miss. Admin. Code Pt. 1, R. 127 Rule 127

Orders All orders of the Commission shall be entered upon its minutes, and copies thereof shall be served upon all parties.

39 Miss. Admin. Code Pt. 1, R. 128 Rule 128

Indexing of Final Orders and Declaratory Opinions Subject to any confidentiality provisions established by applicable law, all final orders of the Commission are available for public inspection and copying on the Commission’s website. Orders are indexed by name and subject and a search engine is available for retrieval of said orders. The user’s guide contained on the web page offers assistance on the retrieval of such documents.

All declaratory opinions issued by the Commission are available for public inspection and copying unless information contained within such opinions is confidential or otherwise exempt from public disclosure pursuant to applicable law. A search engine is available on the website of the Commission which indexes the declaratory opinions by name and subject. All declaratory opinions are designated as DO. A user’s guide is available on the Commission’s website address, www.psc.state.ms.us, to assist the public in retrieving Final Orders and Declaratory Opinions issued by the Commission.

39 Miss. Admin. Code Pt. 1, R. 129 Rule 129

Transcripts The original of all transcripts of proceedings held before the Commission shall remain in the possession of the court reporter(s) for the Commission so that in the event of an appeal notification, the original transcript may be used for that purpose. Any party may request a duplicate original of a transcript from the court reporter(s) at any time. The cost of the duplicate original shall be two dollars and forty cents ($2.40) per page. The transcript shall be prepared in accordance with MRAP 11(c) such that the duplicate original transcript shall be accepted by a court and any other agency.

39 Miss. Admin. Code Pt. 1, R. 130 Rule 130

Filing Costs Associated A filing party is responsible for all costs associated with its filing, including but not limited to, publication costs or any other type of costs.

39 Miss. Admin. Code Pt. 1, R. 131 Rule 131

Annual Submittal of Utility Data Each utility currently operating in the State of Mississippi shall on or before July 1 of each year provide the Executive Secretary with the following current information for the maintenance of a master utility database:

1. current name;

2. current mailing address;

3. current telephone number;

4. current facsimile number and;

5. current contact person(s) and their e-mail address(es)

39 Miss. Admin. Code Pt. 1, R. 132 Rule 132

Scheduling Orders The Commission, in its discretion, may enter a scheduling order in any proceeding.

Chapter 07 Certificate Proceedings

Rule 7

39 Miss. Admin. Code Pt. 1, R. 100 Rule 100

Certificates to Operate No person shall provide public utility services as defined by the Act without first having obtained from the Commission a Certificate of Public Convenience and Necessity.

1. Defined A certificate to operate shall constitute the initial authority of a person to operate a public utility in the State of Mississippi and shall contain, where appropriate, a specification of the nature of the public utility service authorized, the initial facilities to be used in the rendition of the services, and the initial geographical area or class of persons to whom the service is to be provided. The authority of a certificated public utility to provide services different in kind or character from that initially authorized shall be obtained under this rule by a petition for an amended or supplemental certificate to operate. Alterations, additions or extensions of the geographical area or areas initially certificated shall be authorized under the provisions of Section "B" of this rule. Authority for the construction or acquisition of additional capital facilities or plant shall be obtained under the provisions of Section "C" of this rule.

2. Criteria A certificate to operate may be granted by the Commission upon petition and upon a showing (a) that the petitioner is fit, financially able and in good faith intends to provide such services; (b) that the public convenience or necessity requires the petitioner's operation; and (c) such other matters as the Commission deems relevant.

3. Supporting Data A petition seeking a certificate to operate shall contain or be accompanied by the data and documentation shown in Schedule 1 of Appendix A.

4. Failure to Begin Operations The Commission may in its order granting a Certificate of Public Convenience and Necessity include a provision that in the event that operations authorized under the certificate are not commenced within one hundred and eighty (180) days, the certificate will be automatically voided at the end of said period.

39 Miss. Admin. Code Pt. 1, R. 101 Rule 101

Area Certificates Except as allowed by this rule or by the Act, no person shall provide or render any public utility service to anyone outside of the geographical area or areas certificated to that person by the Commission.

1. Petitions Petitions to enlarge, diminish or alter the boundaries of a certificated area shall be granted upon good cause shown and shall contain or be accompanied by the data and documentation shown in Schedule 2 of Appendix A.

2. Exceptions Exceptions to the requirements of this Section “B” may be granted by letter from the Commission or its Executive Secretary, and after receiving a written recommendation of the Executive Director of the Staff determining that the extensions of service outside the boundaries of the certificated area is: a. Less than one mile in length;

b. With the written consent of any other affected utility; and

c. Will not result in uneconomical duplication of facilities.

Exceptions granted under this rule shall be deemed to be by the continuing consent of the Commission and any affected utility, and the utility granted the exception shall not be deemed to have any vested interest or right to serve the area or customers involved.

39 Miss. Admin. Code Pt. 1, R. 102 Rule 102

Facilities Certificates No person shall construct, extend, acquire or operate any physical facility or plant to be used, directly or indirectly, in the operation of a public utility except in compliance with the provisions of this rule and the Act.

1. Defined A facilities certificate shall constitute the authority of a utility to begin the construction, acquisition or operation of additional physical facilities or plant to be used, directly or indirectly, for the provision of public utilities services for its existing certificated area.

2. Contents A petition seeking a facilities certificate shall contain or be accompanied by the data and documentation shown in Schedule 3 of Appendix A.

3. When Required A facilities certificate shall not be required except in the following instances:

a. Prior to beginning construction of any facility for the generation and transmission of electricity to be directly or indirectly used for the furnishing of public utility service in this State;

b. Prior to beginning construction of any facility projected to have a capitalized cost in excess of $10 million or ten percent (10%) of the utility's existing jurisdictional net plant investment;

c. Prior to beginning construction of any facility outside the utility's certificated area unless written consent is obtained from all other affected utilities; or

d. If required by Commission order.

39 Miss. Admin. Code Pt. 1, R. 103 Rule 103

Notice to Staff and the Commission Notwithstanding any other provision of this rule to the contrary, prior to acquiring or beginning construction of any facility, plant or other capital item with a projected capitalized cost in excess of $1,000,000 or one percent (1%) of existing jurisdictional net plant investment, the utility shall provide the original and three (3) copies of a notice of said project to the Executive Secretary of the Commission. The Executive Secretary shall deliver three (3) stamped copies to the office of the Executive Director of the Staff. The notice provided for herein shall contain or be accompanied by the data and documentation shown in Schedule 4 of Appendix A.

39 Miss. Admin. Code Pt. 1, R. 104 Rule 104

Suspension of Construction The Commission may, by incorporating a provision in its order granting a Facilities Certificate, suspend Commission authority for the construction or acquisition of a facility, plant or other capital item, whether previously certificated or not, upon failure by a utility to adhere to the provisions of this rule or an order of the Commission, or for its failure to timely provide the Commission, Commission staff or the Staff with any reasonable information requested concerning the cost, purpose or construction of the facility, plant or other capital item. Except as specifically allowed by order of the Commission, the related capital expenditures made during the period of suspension on the suspended construction or acquisition shall not be allowed in rate base during the period of such suspension nor shall Allowance for Funds Used During Construction (AFUDC) accrue on any such funds during any period of suspension.

39 Miss. Admin. Code Pt. 1, R. 105 Rule 105

General Provisions 1. Action on Non-Construction The Commission may in its order granting a Facilities Certificate, include a provision that in the event the construction authorized by the grant of the Facilities Certificate is not commenced within a certain period of time, as determined by the Commission to be appropriate under the facts and circumstances of the construction project, that the Facilities Certificate will be automatically voided at the end of said period.

2. Selection of Area A petition on an area basis shall embrace areas selected by the petitioner which, in the petitioner's judgment, should be developed as a unit. In each instance, the petitioner shall consider in selecting the area to be requested, those characteristics that set it apart as a unit, such as the location of petitioner's facilities, facilities of other utilities, rivers, streams, creeks, swamps, highways, roads and the location and distribution of population. In area petitions, boundary lines, where practical, shall follow county lines, rivers, township or section lines, existing corporate limits or other clearly identifiable locations. In municipalities where less than the entire municipality is served by the petitioner, the boundaries shall follow corporate lines, streets, alleys, parks or other

established boundaries. Outside municipalities, the boundaries shall be established by metes and bounds, or by following county lines, township or section lines, rivers or streams (when named on Department of Transportation county maps) or other clearly identifiable locations.

3. Interpretations of Area Boundaries Whenever under these rules an area is described in whole or in part by following the courses of rivers, streams, roads, highways, municipal corporate limits, canals or other locations that are susceptible to subsequent changes, such courses, both in the petition and in any certificate granted pursuant thereto, shall be understood and held to mean such courses as they exist upon the date the certificate is granted. Nothing in this rule shall be construed as infringing on the lawful jurisdiction of any municipality.

4. Temporary Acts or Operations The Commission may authorize, by letter, temporary acts or operations of a utility upon notice to any other utility affected thereby.

5. Initial Rates and Tariffs Prior to the rendering of any utility service to any customer by a utility, a request for the establishment of initial rates and tariffs shall be by separate filing pursuant to the provisions of RP 9. This paragraph shall not apply to any utility excluded from rate regulation pursuant to Miss. Code Ann. §77-3-1 and 77-3-5.

6. Incomplete Filings Petitions for certificates that fail to comply with the requirements of these rules or that do not have attached to them the required supporting data will be docketed and assigned an identifying number, but the Commission may decline to consider said petition or dismiss it, sua sponte, until compliance is achieved.

7. Exemptions Nothing contained herein shall be construed to require any certificate or notice from persons engaged in the production and gathering of natural gas, the sale of natural gas in or within the vicinity of the field where produced, the distribution or sale of liquefied petroleum gas or for the operation or construction of facilities and equipment utilized in such operations.

8. Existing Certificates Nothing contained in these rules shall be construed so as to alter, expand or diminish the rights of any utility exercised under the authority of any certificate issued prior to the adoption of these rules.

9. Hearings The Commission may grant a Certificate without a hearing in an uncontested case; however, the Commission may hear an uncontested case if it determines that the public interest will be served thereby. The Commission shall conduct a hearing on every

Petition seeking authority to construct any facility for the generation of electricity, as set forth in Miss. Code Ann. §77-3-14.

Chapter 08 Sale or Transfer Proceedings

Rule 8

39 Miss. Admin. Code Pt. 1, R. 100 Rule 100

Commission Approval Required When any public utility proposes to sell, transfer, lease, assign or otherwise dispose of, including, without limitation, any change in control of (a) certificates of public convenience and necessity issued to them, or (b) any substantial part of its property necessary or useful in the performance of its duties to the public, including corporate stock that is not publicly traded, or to sell, or transfer any Certificate of Public Convenience and Necessity, or portion thereof, or by any means whatsoever, direct or indirect, proposes the merger, transfer or consolidation of its property, certificate or any portion thereof with any other public utility or to any person, firm or corporation, such sale, lease, assignment or other disposition must be approved by the Commission and the petition for approval must be made by all parties to the proposed transaction. This regulation applies to all direct or indirect transfers of utility property or certificates, including but not limited to, transfers of controlling interest in the corporate stock of an existing certificated utility to any person, firm, partnership or other corporation.

39 Miss. Admin. Code Pt. 1, R. 101 Rule 101

Contents In addition to the requirements of any other rule, the petitioner must show in or have attached to the petition, the data and information described in Schedule 1 of Appendix B.

39 Miss. Admin. Code Pt. 1, R. 102 Rule 102

Rate Adjustments Unless specifically requested in the petition and clearly allowed by the Commission's order, the approval of any sale or transfer by the Commission shall not, in and of itself, provide a basis or justification for any subsequent adjustment to rate base or operating expenses.

An acquisition adjustment shall not be implied or allowed except upon written request for same in the Petition for Sale and Transfer and only where expressly allowed by order of the Commission when it grants approval for the sale and transfer. If an acquisition adjustment is sought, all supporting documentation and legal authority must be attached to the Petition presented pursuant to this rule. Adjustments, if allowed, shall be by Order of the Commission.

39 Miss. Admin. Code Pt. 1, R. 103 Rule 103

Criteria Approval of a transaction proposed pursuant to this rule and Miss. Code Ann. §77-3-23 may be granted by the Commission upon proper filing of a Petition and upon a showing (a) that the proposed transaction is in good faith; (b) that the proposed assignee, lessee, purchaser or transferee, is fit and able properly to perform the public utility services authorized by such certificate and to comply with all rules, regulations and requirements of the Commission, (c) that the transaction is otherwise consistent with the public interest, and (d) when a transaction involves facilities that are included in the rate base of a public utility, the Commission shall include, as a prerequisite to its finding that the transaction is consistent with the public interest, a finding that, upon the consummation of the transaction

proposed: (i)(a) the native load customers of the public utility will continue to have a first priority to the use and/or benefit of such facilities, or (i)(b) any loss of such first priority by native load customers to the use and/or benefit of such facilities is not contrary to the public interest; and (ii) any native load customers served by any transmission facilities shall be served on the same basis as before the transaction.

The Commission may condition its approval upon such terms and conditions as it finds to be just and reasonable and with such modifications as it may prescribe.

39 Miss. Admin. Code Pt. 1, R. 104 Rule 104

Hearing The Petition may be granted as applied for without a hearing in uncontested cases; however, the Commission may hear any uncontested case if it determines that the public interest will be served thereby.

Chapter 09 Rate Proceedings

Rule 9

39 Miss. Admin. Code Pt. 1, R. 100 Rule 100

Exclusive Method All petitions for increases or changes in public utility rates or for the establishment of initial rates shall be by notice filing and shall be handled in accordance with the following provisions which describe the exclusive method of obtaining rate authority or changes, except as otherwise heretofore or hereafter ordered by the Commission. 1. Routine Filings a. Defined Routine filings shall be such as do not involve substantial revenue adjustment and may go into effect after thirty (30) days notice to the Executive Secretary of the Commission and the Executive Director of the Staff or after such shorter period of notice as the Commission, for good cause shown, may allow.

b. Contents Pursuant to Schedule 5 of Appendix C, requests for changes in, or establishment of rates and schedules properly designated as routine shall be accompanied by: i A clear, concise and nontechnical description of the nature of the service or change proposed; ii A statement of the reason or justification therefore; and iii Sufficient information to allow the determination of the approximate size of the revenue adjustment proposed.

2. Standard Filings a. Defined Standard filings shall include all changes in rates and schedules (other than routine changes) in which the increase sought is less than a major change as defined in Miss. Code Ann. §77-3-37 (8).

b. Contents Unless waived by Commission order, the standard documentation to be filed with or included in every notice of standard change shall be that shown in Schedule 1 of Appendix C. Compliance with this requirement shall be deemed by the Commission as adequate compliance with the requirements of Miss. Code Ann. §77-3-37 (1) and (2).

c. Form Attached to these rules and regulations and designated as Appendix D is a form suggested for use by any utility in the filing of a standard notice of intent to change rates. Except as may be otherwise ordered, conformity with this form shall be deemed compliance with these regulations.

3. Major Change under $15 Million Filings a. Defined The term "major change" is defined in Miss. Code Ann. §77-3-37 (8).

b. Contents The standard documentation to be filed with or included in every notice of major change shall include all documentation referenced in Miss. Code Ann. §77-3-37 (2) and (5), and that reflected in Schedule 2 of Appendix C.

4. Major Change of $15 Million or More Filings a. Defined The term "major change" is defined in Miss. Code Ann. §77-3-37 (8).

b. Contents Unless the Commission, upon application by a utility and for good cause shown, shall enter an order waiving one or more of the following requirements referenced in this paragraph, then whenever a public utility files a notice of intent wherein an increase in the level of annual revenues in the amount of at least Fifteen Million Dollars ($15,000,000.00) is sought, the standard requirement list of documentation shall include the documentation described in Miss. Code Ann. §77-3-37 (2),(4) and (5), and the data described in Schedule 3 of Appendix C.

5. Initial Rate Filings a. Defined Requests for the establishment of initial rates for a newly certificated public utility or, in the case of an existing public utility defined in Miss. Code Ann. §77-3-3 (d)(iv) for the establishment of rates applicable to a newly certificated area. Such requests shall be made prior to the rendition of service.

b. Contents Such filings shall contain or be accompanied by the documentation shown in Schedule 4 of Appendix C.

6. Temporary Rate Filings The Commission may permit any public utility to alter, amend or suspend temporarily any existing rates, schedules and orders affecting such public utility pursuant to Miss. Code Ann. §77-3-41.

7. Miscellaneous Filings a. Defined Miscellaneous filings are requests by existing certificated public utilities for (i) rate increases or changes which are based upon any emergency; (ii) a rate for a new service (which is neither a major change nor a standard filing) for which no rate has previously been established; or (iii) rate increases or changes which otherwise do not fall within the categories stated above.

b. Contents Such filing shall be accompanied by sufficient information and documentation so as to allow for a full, fair and adequate evaluation of the merits of the requested change.

39 Miss. Admin. Code Pt. 1, R. 101 Rule 101

Notice to Customers of a Filing for a Rate Increase 1. Required Information When a utility makes a standard filing under RP 9.100(2) or a filing for a major change under RP 9.100(3) or RP 9.100(4), the utility shall concurrently provide written notice of the filing to each affected customer, briefly summarizing the proposed changes in rates. If the utility employs monthly cycle billings, said notification may be included with or printed on bills of regular billing cycles beginning not later than nine (9) days after the date of filing and shall continue with each billing cycle until all affected customers are notified. If the utility does not employ monthly cycle billing, said notification may be included with or printed on the first monthly bill rendered subsequent to the filing date. Alternatively, any utility may notify all affected customers by U.S. Mail, postage pre-paid, within fifteen (15) days after the date of filing. The notice to customers required herein supersedes the notice requirement under Rule 6E of the Rules and Regulations Governing Public Utility Service.

2. Filing of Verification of Notice to Customers The filing utility shall file a copy of the notice, along with a certificate with the Executive Secretary of the Commission, verifying that notice to each of the utility’s affected customers was provided and providing the date the notice was provided.

39 Miss. Admin. Code Pt. 1, R. 102 Rule 102

Designation The utility shall designate on the face of the Notice of Intent whether the filing constitutes one of the following types of filings: 1. Routine Filing

2. Standard Filing

3. Major Change Under $15 Million Filing

4. Major Change of $15 Million or More Filing

5. Initial Rate Filing

6. Temporary Rate Filing

7. Miscellaneous Filing

39 Miss. Admin. Code Pt. 1, R. 103 Rule 103

Prefiled Testimony 1. Filing Utility All direct testimony, exhibits and other information which any utility relies upon in support of the proposed changes shall be filed concurrently with the filing of the Notice of Intent.

2. Staff and Intervenors The Staff and all intervenors shall file all direct testimony, exhibits and other information which is to be relied upon regarding the proposed changes within eighty (80) days from the filing of such Notice of Intent.

39 Miss. Admin. Code Pt. 1, R. 104 Rule 104

Additional Data In addition to the filing requirements set forth above, the Staff and/or the Commission or the Commission staff may require, in writing, the filing utility, or other party to supplement the above data with other information as they may deem necessary. Except for good cause shown, the utility shall provide such supplemental data and information within twenty (20) days of the date of the request.

39 Miss. Admin. Code Pt. 1, R. 105 Rule 105

Test Period The Notice of Intent shall clearly state the test period adopted by the public utility in support of its proposed rate changes.

39 Miss. Admin. Code Pt. 1, R. 106 Rule 106

Signature under Oath Every Notice of Intent and all prefiled testimony shall be signed by the certificate holder or a duly authorized officer or representative of the certificate holder or the person sponsoring the prefiled testimony verifying to the best of their knowledge, information and belief the accuracy of the information contained therein.

39 Miss. Admin. Code Pt. 1, R. 107 Rule 107

Effective Date Every filing to change or establish rates shall clearly designate the proposed effective date of said rates.

39 Miss. Admin. Code Pt. 1, R. 108 Rule 108

Water and Sewer Rate Cases Any utility operating both a water and sewer system shall, in filing for any rate relief, file separate and distinct notices and documentation for the water and sewer operations.

39 Miss. Admin. Code Pt. 1, R. 109 Rule 109

Calculations of Percentage Revenue Increase In determining whether or not a proposed rate increase is a major change as defined in Miss. Code Ann. §77-3-37 (8), “annual revenues” shall be defined as the projected total annual gross revenues from jurisdictional billings during the twelve (12) months following the proposed effective date without giving effect to the proposed increase.

39 Miss. Admin. Code Pt. 1, R. 110 Rule 110

Deficient Filings Deficient filings will be handled pursuant to §77-3-39 (16).

39 Miss. Admin. Code Pt. 1, R. 111 Rule 111

Suspension Order An order suspending operation of any proposed rate or rates pursuant to Miss. Code Ann §77-3-39(2) shall not operate to require subsequent public hearing on the proposed rates unless such hearing is required under the Act or these rules.

39 Miss. Admin. Code Pt. 1, R. 112 Rule 112

Effective Date of Increases Unless otherwise specifically ordered, a rate increase or change approved by the Commission shall not become effective until compliance tariffs have been filed with the Commission, and approved by order of the Commission. Provided however, this rule shall not apply to any change where, by Commission order or by operation of law, the change in rates is approved as filed.

39 Miss. Admin. Code Pt. 1, R. 113 Rule 113

Tariffs 1. Form Tariff schedules of utilities must show the designation “Mississippi Public Service Commission” on their title page. Blank spaces approximately three by one and one- half inches (3” x 1-1/2”) each must be provided for the Commission’s stamp of filing and for the stamp of approval in the lower right and lower left corners of each schedule filed. A tariff, which consists of a schedule of rates, charges, terms and conditions, shall be filed by each public utility, except utilities excluded from rate regulation pursuant to Miss. Code Ann. §77-3-1 and 77-3-5, for each service rendered which is subject to the jurisdiction of the Commission. Unless otherwise provided in Appendix C, the original and twelve (12) copies of all tariffs other than compliance tariffs shall be filed with the Executive Secretary of the Commission and shall be three-hole punched. A separate schedule shall be filed for each class or each kind of service rendered, unless other provisions are made with the written approval of the Commission. Schedules shall be prepared utilizing the form established by the Commission which form appears on the Commission’s website or a substantially similar form approved by the Commission. Schedules shall be numbered consecutively for each kind of service for each class of customer beginning with Schedule 1. Example: (i) For Electric service, Schedule 1, Schedule 2, etc.; Gas Service Schedule 1, Schedule 2, etc.; (ii) Schedules shall be numbered in the following order for various classes of service: Residential Service Schedule 1, Commercial Service Schedule 2, other classifications following in consecutive order.

Where more than one rate or tariff is available to any classification or service, any such sub-schedules or optional schedules shall be identified under the general schedule number and further identified by a letter suffix. Example: Residential Lighting Schedule 1; Residential Heating and Cooking Schedule 1A; Residential Combined Lighting, Heating and Cooking Schedule 1B; Residential Offpeak Water Heating Schedule 1C; etc. Where rates are optional, the Schedule shall clearly indicate the optional feature.

2. Tariff Filing by Electronic Mail/Compliance with the Requirements of Filing Described in RP 6 The Commission encourages public utilities to file their tariff schedules via electronic mail and utility companies must comply with the requisite number of paper copies according to RP 6.

a. Electronic Tariffs For electronically filed tariffs, each utility shall submit its tariff schedules prepared in Adobe Acrobat in portable document format (PDF) as an attachment to an e-mail message sent to the Executive Secretary at efile.psc@psc.state.ms.us. Electronic tariff schedules may also be submitted as PDF documents on appropriately formatted three and one-half (3.5) inch diskette, zip disk or CD-ROMs.

b. Approval The Commission will stamp its approval in the space provided on each copy of an approved tariff, placing the original in its files and returning one (1) copy to the public utility.

3. Contents Each tariff shall embody the following features unless they are not applicable to the kind, character or classification of service to which the schedule is applicable: a. Title Sheet;

b. Index/Check Sheet to Tariff;

c. Kind of Service (Whether gas, electric, telephone, water, etc.);

d. Class of Service (Whether residential, commercial, etc.);

e. Availability of Service including a service extension policy (Defining the classification of premises or customers to which the schedule is available);

f. Character of Service (Where applicable-such as service voltage, phase and frequency of electric supply; the minimum heating value of gas supply, etc.)

g. Rate (Statement of rate to be charged, including definitions of any special terms and a statement of the method of determining special factors);

h. Minimum Charge;

i. Terms of Payment (a) Definition of various discounts available under the schedule, each being separately set out and defined; (b) Period after which charges become delinquent with accompanying late charges; (c) Practice and charges for restoring discontinued service provided that this feature need not be separately enumerated if covered in general rules and regulations or terms and conditions;

j. Special Conditions (A statement of special conditions required to be conformed to by customer before schedule is applicable);

k. Terms of Contract. (The minimum period for which service will be rendered under the schedule);

l. Service Rules regarding Deposits; and

m. Service Rules regarding all fees including, but not limited to, Connection fees, Reconnection and Disconnection Fees

4. Service Extension Policy Each tariff shall include a Service Extension Policy. Each utility shall set forth in its tariff filed with the Commission the conditions and circumstances under which line extension or extensions of service will be made or for additional capacity needs of the system, including methods for computing contributions in aid of construction or impact fees. Copies of such provisions shall be kept on file in the local business office of the utility for public inspection. All contributions in aid of construction requested of a customer or developer by a utility shall be calculated so as to include the cost of any state or federal income taxes due on such contribution.

5. Special Provisions Any special contracts, rates or agreements shall be filed with the Commission. The requirements of this rule will be complied with by submitting copies of any such contracts, together with all supplemental agreements, addendums, or correspondence in which any of the original terms are changed. Such contracts, or other documents, shall be numbered Schedule Special 1, Special 2, etc. It is the intention of this rule to require the filing of all rates, contracts or systems of charging for any class or kind of service not otherwise required.

6. Filing of Compliance Tariffs The term “compliance tariff” means a tariff filed pursuant to an order of the Commission entered in a rate proceeding under RP 9 or pursuant to a Stipulation entered among all the parties in a rate proceeding. The original and two (2) copies of proposed compliance tariffs shall be filed by the utility with the Executive Secretary of the Commission. The Executive Secretary shall forward two (2) copies to the Executive Director of the Staff. A certificate of service shall be filed with the Executive Secretary of the Commission by the utility and shall have been signed under oath certifying that all parties of record have been furnished notice of the filing of the proposed compliance tariff and manner of such notice.

7. Staff Review of Compliance Tariffs Filed Pursuant to Order When a utility files compliance tariffs with the Commission pursuant to an order of the Commission in a proceeding, the responsibility for reviewing the tariff submission to determine whether it complies with the Commission’s order is upon the Staff, which shall provide a Proposed Order approving such Tariff, where applicable.

8. Response or Opposition to Proposed Compliance Tariff a. Applicability These provisions apply to a rate proceeding which is contested or in which all the parties have not stipulated.

b. Time for Filing Opposition Any party, other than the Staff, who desires to oppose the proposed compliance tariff must file its objection with the Executive Secretary of the Commission within seven (7) days after being served by the filing party with a copy of the proposed compliance tariff. The Commission may take said objection into consideration prior to issuing its order on the proposed compliance tariff.

c. Service of Copies Copies of opposition to the proposed compliance tariff must be transmitted to all parties of record by the party filing the opposition. A Certificate of Service must accompany the filing of the opposition.

d. Issuance of Order Approving Proposed Compliance Tariff Upon recommendation by the Staff that the proposed compliance tariff conforms with the order of the Commission issued in the case or conforms with the Stipulation of all parties, and if there is no opposition to the proposed tariff in accordance with this rule, the Commission shall issue an order approving the proposed compliance tariff. If a filing of opposition is properly made as described herein, a hearing may be conducted regarding the proposed compliance tariff.

9. Effect of Issuance of Order After the order has been entered by the Executive Secretary of the Commission, the approved rates and other charges may be lawfully collected by the public utility until changed by subsequent order of the Commission.

Chapter 10 Miscellaneous Application Proceedings

Rule 10

39 Miss. Admin. Code Pt. 1, R. 100 Rule 100

Definition A miscellaneous application filing is a proceeding, other than a certificate proceeding, a transfer proceeding, a proceeding seeking to change, modify, alter, or establish rates, a complaint proceeding or a request for a declaratory opinion in which the authority of the Commission to perform some act is requested. All proceedings to change, modify, alter or increase existing rates or for the establishment of initial rates shall be filed under the provisions of RP 9. Proceedings to obtain certificates shall be filed under the provisions of RP 7.

39 Miss. Admin. Code Pt. 1, R. 101 Rule 101

Contents of Application All applications shall be in writing and shall be in compliance with the requirements of RP 6. The application shall set forth: 1. The full name, mailing address and e-mail address of the applicant, and, if the applicant is a corporation, its status as such;

2. A clear and concise statement of the facts upon which the application is based;

3. All direct testimony to be relied upon at the hearing;

4. Citations to the provisions of law relied upon; and

5. A request for the order, authorization or permission desired.

39 Miss. Admin. Code Pt. 1, R. 102 Rule 102

Notice Requirement The applicant shall provide notice in accordance with RP 6 herein of its filing upon all interested persons, as defined herein.

39 Miss. Admin. Code Pt. 1, R. 103 Rule 103

Disposition The Commission shall conduct a hearing where such is necessary to the public interest or for the protection of substantial rights. Otherwise, the Commission will decide the matter based upon a paper record. The Commission may request briefs on the issue presented.

Chapter 11 Complaint Proceedings

Rule 11

39 Miss. Admin. Code Pt. 1, R. 100 Rule 100

Informal Complaints 1. Authorized Informal complaints may be made by letter or other writing addressed to the Commission. If, in the discretion of the Commission, such a complaint warrants it, the matter presented will be taken up with the utility involved in an effort to bring about satisfaction of the complaint without a formal hearing.

2. Form No specific requirement is made as to the form of an informal complaint, but in substance the letter or other writing should contain the names and addresses of the complainant and the person complained of, a clear and concise statement of the facts involved, and a statement of the relief requested.

3. Remedy Not Exclusive The informal complaint has been found to be effective in many cases and is recommended. However, in the event of failure to bring about satisfaction of the complaint because of the inability of the parties to agree as to the facts involved, or from other causes, the proceeding is held to be without prejudice to complainant’s right to file and prosecute a formal complaint, whereupon the informal proceedings will be discontinued.

39 Miss. Admin. Code Pt. 1, R. 101 Rule 101

Formal Complaints 1. Who May Complain Complaint may be made by the Commission on its own behalf, by the Staff, by any utility, by any municipality, the State of Mississippi, the United States, any federal or state department, subdivision or agency, Chamber of Commerce or trade association, or by any consumer or prospective consumer of any utility service with respect to service, furnishing of service, rates and other charges, any discrimination with respect to any service or rates or regarding any rule or order of the Commission.

A complaint filed by anyone other than the Commission or the Staff must affirmatively show that the complainant has a direct and substantial interest in the subject matter of the complaint that will be determined by the proceeding. A copy of the complaint shall be served on the utility or respondent by the party filing the complaint at the time it is filed in accordance with RP 6.

2. Form of Complaint Each formal complaint shall be in writing, verified, and shall bear a heading showing the names of the complainant and respondent; and, in addition, shall state (a) the full name, mailing address and e-mail address of complainant; (b) the full name and mailing address of the respondent; (c) fully, clearly and with reasonable certainty, the act or thing done or omitted, of which complaint is made, with a citation, where

practicable, to the statute, rule or order, of which violation is claimed; (d) the interest of the complainant, and how it will be affected; (e) the relief that is sought; (f) the name and address of any attorney representing the complainant; (g) and such other matters of fact, if any, as may be necessary to fully acquaint the Commission with the details of the alleged violation. Complainant shall comply with all applicable provisions of RP 6.

3. Procedure Upon the filing of such a complaint, the Commission will immediately examine the same to determine whether it alleges a prima facie case and conforms to these rules. If the Commission is of the opinion that the complaint does not allege a prima facie case or does not conform to these rules, it will notify the complainant or his attorney to that effect within seven (7) days of the filing date, and opportunity may be given to amend the complaint within a specified time. If not so amended within such time or such extension thereof as the Commission may, for good cause grant, the complaint will be dismissed. If the Commission is of the opinion that such complaint, either as originally filed or as amended, alleges a prima facie case under the Act and conforms to these rules and the law, the Commission will serve a notice upon the respondent of and under the hand of its secretary and attested by its seal, accompanied by a copy of the complaint, directed to such utility or person, and requiring that the complaint be answered in writing within twenty (20) days from the date of service of such notice, provided that the Commission may, in particular cases, require the answer to be filed within a shorter time, or grant additional time in which to answer.

4. Offer of Satisfaction of Complaint If the respondent desires to satisfy the complaint, he may file with the Commission, within the time allowed for answer, a statement of the relief which he is willing to give, with Certificate of Service of a copy thereof on the complainant endorsed thereon. The complainant shall have seven (7) days in which to file with the Commission a statement accepting the satisfaction offered, or rejecting it, with Certificate of Service of a copy thereof on the respondent. If the offer of satisfaction is accepted by the complainant and approved by the Commission, no further proceedings will be taken.

5. Answer of Complaint If satisfaction be not made as aforesaid, the respondent shall, within seven (7) days from service of complainant's statement declining the offer of satisfaction (or within such additional time as the Commission may, for good cause shown, allow) file an answer to the complaint, with Certificate of Service of a copy thereof on the complainant endorsed thereon. The answer must contain a specific admission or denial of the material allegations of the complaint which may be done by reference to designated paragraphs of the complaint or portions thereof, and also a clear statement of any matter constituting a defense. If the respondent has no information or belief upon the subject of any allegation sufficient to enable him to answer the same, he may so state in his answer and base his denial upon that ground.

39 Miss. Admin. Code Pt. 1, R. 102 Rule 102

Remedies are Cumulative The provisions and remedies of this rule governing formal and informal complaints are supplemental to and cumulative of those remedies afforded under the Act, including but not limited to the remedies provided in Miss. Code Ann. §77-3-11(5) and §77-3-21.

39 Miss. Admin. Code Pt. 1, R. 103 Rule 103

Dismissals The Commission may dismiss any complaint without a hearing if in its opinion a hearing is not necessary in the public interest or for the protection of substantial rights.

Chapter 12 Motion Practice

Rule 12

39 Miss. Admin. Code Pt. 1, R. 100 Rule 100

Allowed 1. Form After a proceeding has been initiated by petition or otherwise, any request for action by the Commission for an order shall be by motion which, unless made during a hearing or at docket review, shall be made in writing filed with the Commission pursuant to RP 6, shall state with particularity the grounds therefore, the legal authority and argument in support thereof and shall set forth the relief or order sought.

2. When Opposition Must Be Filed Other parties to the proceedings desiring to oppose any written motion shall file a response thereto within seven (7) days of the date the motion is served pursuant to RP 6. Provided, however, that the Commission, upon good cause shown, may require expedited responses to any motion.

39 Miss. Admin. Code Pt. 1, R. 101 Rule 101

Notice of Notice of written motion and response thereto shall be provided by a party to all other parties and to the Executive Director by copy of said motion or response to motion pursuant to RP 6 and with Certificate of Service attached.

39 Miss. Admin. Code Pt. 1, R. 102 Rule 102

Grant or Denial of Motion 1. When Hearing Not Required To expedite its business, the Commission, in its discretion, may determine motions not seeking a final order in the case and procedural motions without oral argument and hearing. The Commission may require briefs or written statements of reasons in support and in opposition thereto and make its determination accordingly.

2. When Hearing Ordered Dispositive motions or motions seeking a final order in the case shall be the subject of a hearing if the Commission so orders, upon reasonable notice to all parties. The Commission may enter an order of dismissal without a hearing, if in its opinion, a hearing is not necessary in the public interest or for the protection of substantial rights.

3. Disposal of by Executive Secretary When unopposed and in the discretion of the Commission, the Executive Secretary of the Commission may enter orders on procedural matters reflecting the ruling of the Commission.

4. Submission of Briefs The Commission may request the filing of briefs which shall contain a statement of the issues, position of the parties and authorities upon which each of the parties rely.

Chapter 13 Prehearing Conferences

Rule 13

39 Miss. Admin. Code Pt. 1, R. 100 Rule 100

When Held Prehearing conferences in rate cases are governed by Miss. Code Ann. §77-3-39 and this rule. In all other cases, prehearing conferences are held pursuant to Commission order and are governed by Commission order and this rule.

39 Miss. Admin. Code Pt. 1, R. 101 Rule 101

Notice of A copy of the order setting a prehearing conference shall be served on all parties or their attorneys, where applicable, pursuant to RP 6.

39 Miss. Admin. Code Pt. 1, R. 102 Rule 102

Procedures for Conducting Prehearing Conferences Prehearing conferences shall be conducted in an informal manner so as to facilitate and promote agreement of all parties. Prehearing conferences may be recessed and reconvened at the discretion of the chair upon reasonable notice, actual or constructive, to all parties involved.

39 Miss. Admin. Code Pt. 1, R. 103 Rule 103

Stipulations 1. Commission Policy In order to encourage agreement, settlements and stipulations between the parties at the prehearing conference and in order to expedite Commission proceedings, it is a policy of the Commission that if any agreement provides, by its terms, that any provisions thereof are nonseverable, such provisions shall only be adopted in their entirety, if at all, by the Commission.

2. Failure to Stipulate Parties failing to stipulate to matters agreed upon by the filing utility and the Staff may, in the Commission's discretion, be afforded an opportunity to cross-examine and to submit written briefs, documentation or additional prefiled testimony in opposition to the stipulation or in support of unresolved factual or legal questions.

39 Miss. Admin. Code Pt. 1, R. 104 Rule 104

Duties of the Parties 1. Representative Authority It shall be the duty of all parties to have present at the prehearing conference a representative or attorney who is authorized to enter into stipulations and agreements on behalf of such party. Any person appearing at a prehearing conference in a representative capacity must be authorized to act on behalf of that person's principal with respect to matters to be addressed at the conference.

2. Cooperation In order that the Commission's business may be facilitated, delay avoided and expenses reduced, it shall be the duty of all parties and all attorneys to cooperate in the administration of the prehearing procedure.

3. Failure to comply If any party fails to attend the prehearing conference after written notice, such failure shall constitute a waiver by said party of all objections to any order or ruling or stipulation arising out of such conference.

4. Expert Witnesses To facilitate stipulations and agreements, each party is encouraged, but not required, to have present or available for consultation during the conference, appropriate experts or consultants, if any, that are employed by such party.

Chapter 14 Request for Comments

Rule 14

39 Miss. Admin. Code Pt. 1, R. 100 Rule 100

When Required As a prerequisite to Commission consideration of any request concerning rates, certificates or filings made by any party, certificate holder or complainant, the parties to such matter may be required to file with the Commission written briefs or comments on the proposed regulatory action.

39 Miss. Admin. Code Pt. 1, R. 101 Rule 101

Contents Such briefs or comments shall include: 1. A statement of the issues.

2. A statement of the action proposed.

3. The party's position regarding the proposed action.

4. The apparent position of other parties regarding the proposed action.

5. All relevant facts established or proposed to be established by the party.

6. All relevant precedent, statutes, caselaw, regulations or regulatory policy.

39 Miss. Admin. Code Pt. 1, R. 102 Rule 102

Time For Unless noticed otherwise in the notice to file written briefs or comments, the party or parties proposing the regulatory action or requesting relief shall file comments on or before twenty (20) days from the date of the notice. Other parties shall file within thirty (30) days of the notice. Any reply shall be filed within forty (40) days of the notice.

39 Miss. Admin. Code Pt. 1, R. 103 Rule 103

Failure to Comment A party required to comment or file a brief under this rule and who fails to do so shall not be heard to complain of the action taken.

Chapter 15 Public Proceedings

Rule 15

39 Miss. Admin. Code Pt. 1, R. 100 Rule 100

Notice to Public/Place of Publication Notice to the public of Commission hearings when required shall be given in accordance with Miss. Code Ann. §77-3-47 or other applicable provisions of the Act. Notice of proposed rule adoption shall also be furnished pursuant to Miss. Code Ann. §25-43-1.101 et seq., 25-43-2.101 et seq; and 25-43-3.101 et seq.

1. Contents of Notice of Hearing The notice shall specify the docket or identifying number of the proceeding, contain a brief description of the nature of the proceedings, the name and address of the public records officer and shall, in addition, contain: a. A statement of the date, time and place of any public hearing proposed; and/or

b. A statement of the date by which objections, interventions, protests or comments must be filed in order to be considered by the Commission.

2. Contents of Notice of Proposed Rule Adoption The notice shall include: a. A short explanation of the purpose of the proposed rule and the Commission’s reasons for proposing the rule;

b. The specific legal authority authorizing the promulgation of rules;

c. A reference to all rules repealed, amended or suspended by the proposed rule;

d. Subject to Miss. Code Ann. §25-43-2.101(5), the text of the proposed rule;

e. Where, when and how persons may present their views on the proposed rule; and

f. Where, when and how persons may demand an oral proceeding on the proposed rule if the notice does not already provide for one.

3. When Notice Required Notice to the public as provided for herein shall be given in the following instances: a. Whenever required by statute or Commission regulation.

b. Prior to the conducting of any public hearing, if required by law or Commission regulation.

c. Whenever, in the discretion of the Commission, notice is deemed appropriate or necessary.

4. Proof of Notice Proof of publication and of notice shall be filed by the Executive Secretary among the papers and documents in the Commission files.

39 Miss. Admin. Code Pt. 1, R. 101 Rule 101

Public Hearings 1. Open to the Public All hearings conducted by the Commission are open to the public and hearings conducted in the Commission’s Courtroom, may be viewed on the Internet through the Commission’s website. Provided however, that the Commission may close the hearing in order to protect any trade secrets, confidential information or other matters exempt from public disclosure, and during such closed hearings the Internet broadcast will be stopped.

2. When Held The Commission shall hold full or abbreviated public hearings in all matters where: a. Public hearing is required by law or Commission regulation.

b. In the discretion of the Commission, it is necessary or appropriate to hold such public hearings.

3. Abbreviated Proceedings Abbreviated proceedings may satisfy a requirement of public hearing if the Commission's order is supported by the data, documentation and exhibits on file in the proceedings. Abbreviated proceedings may include, but shall not be limited to, proceedings wherein factual or procedural determinations are made by order of the Commission upon written stipulations between the utility and the Staff, provided that all parties are afforded an opportunity to submit in writing, argument, evidence and testimony in contravention to the proposed stipulated facts or procedure or in support or opposition to regulatory policymaking.

39 Miss. Admin. Code Pt. 1, R. 102 Rule 102

Investigations 1. Commission Investigations The Commission may, at any time, on its own motion or the motion of the Staff make investigation and order hearings into any act or thing done or omitted to be done by any public utility, which the Commission may believe is in violation of any provision of law or any order or rule of the Commission. It may also through its own experts or employees, or otherwise, obtain and introduce such evidence as it may consider necessary or desirable in any formal proceeding in addition to the evidence presented by other parties. Orders and pleadings initiating investigations shall specify the matters to be investigated, and shall be served upon the person being investigated.

2. Show Cause Orders in Complaint Proceeding The Commission, either upon its own motion or upon receipt of written complaint, may at any time after appropriate notice has been given, summon any person within the Commission’s jurisdiction to appear in a public hearing and show cause why such person should not be compelled to comply with any applicable statute, rule, regulation,

or order with which the person is allegedly not in compliance.

3. Continuance of Service In any case in which an investigation has been instituted herein or where formal complaint has been filed and an allegation is made that a utility or other person is threatening to discontinue a customer’s service, the Commission may, after notice and opportunity for hearing, issue an order requiring the utility or other person to continue to provide service during the processing of the complaint. The Commission may issue such an order for good cause, on such terms as may be reasonable to preserve the rights of the parties during the processing of the complaint.

39 Miss. Admin. Code Pt. 1, R. 103 Rule 103

Evidence Rules of evidence at hearings shall conform to the requirements of the courts of record in this State, provided that the Commission, in its discretion, may permit such deviations from said requirements as it deems in the public interest.

1. Rules of Evidence – Evaluation of Evidence The Commission at hearings is not bound by the Mississippi Rules of Evidence. No informality in any proceeding or in the manner of taking testimony invalidates any order made, approved or confirmed by the Commission. The Commission, with or without objection, may exclude evidence that is irrelevant, unduly repetitious, inadmissible on constitutional or statutory grounds, or inadmissible on the basis of any evidentiary privilege provided by statute or recognized in the courts of Mississippi, and may order the presentation of such evidence to stop. All other evidence may be admitted if it is a type generally relied upon by prudent persons in the conduct of their affairs. The Commission’s expertise, technical competence and special knowledge may be used in the evaluation of the evidence.

2. Documentary Evidence – Introduction of Records in the Executive Secretary’s Official File Documentary evidence may be received in the form of copies or excerpts. Upon request, parties shall be given an opportunity to compare the copy with the original if available. However, the Commission may permit photostatic, photographic or other copies of documents, or any part or parts thereof, to be introduced in evidence upon a satisfactory showing of their correctness or upon showing that it would be impractical or inconvenient to introduce the originals. When a party offers in evidence any portion of a transcript, exhibit, or other record from any other proceeding before the Commission, the portion offered must be specifically described and, if admitted, will be made an exhibit.

Where relevant and material matter offered in evidence is embraced in a book, paper or document containing other matter not material or relevant, the party shall plainly designate the matter so offered. If such immaterial matter unnecessarily encumbers the record, such evidence will not be received but may be marked for identification, and, if properly authenticated, the relevant and material matter may be read into the record, or if the Commission so directs, a true copy of such matter in proper form shall be

received as an exhibit, and like copies delivered by the party offering the same to opposing parties who shall be given opportunity to examine same and to offer in evidence any other portions thereof if found to be relevant or material.

3. Official Notice The Commission may take official notice at hearings and in its orders: a. The orders, notices, rules, certificates and permits of any regulatory agency, state or federal;

b. Technical, financial, or scientific facts established and published in authorities whose accuracy cannot be questioned or within the Commission’s specialized knowledge;

c. Matters judicially noticeable pursuant to Mississippi Rules of Evidence 201; and

d. Data contained in periodic reports of regulated utilities filed with the Commission or federal regulatory agencies.

4. Procedure for Taking Official Notice When officially noticing on its own motion, the Commission will give the parties appropriate opportunity to respond or refute such matters noticed.

5. Objections – Offers of Proof Grounds for objection to the admission or exclusion of evidence must be stated briefly at the time the evidence is offered. An offer of proof may be made for the record which consists of a statement of the substance of the excluded evidence. When a party objects to the admission of evidence, the Commission will rule on the objection or the Commission may receive the evidence.

6. Prefiled Testimony The Commission may order a witness’s prefiled testimony previously distributed to all parties to be incorporated in the transcript as if read if timely filed pursuant to an order, statute, notice or rule requiring its filing before hearing. Without objection, the Commission may direct other prefiled testimony to be incorporated in the transcript as if read. A copy of all prefiled testimony with exhibits shall be provided to the court reporter during the public hearing for inclusion in the transcript of the proceeding. A copy of all prefiled testimony with exhibits shall be provided to each of the Commissioners at the hearing.

7. Exhibits a. Form of Exhibits Public exhibits offered at hearing must ordinarily be typed or printed on eight and one half by eleven inch (8 1/2” x 11”) white paper, except maps, charts, photographs and non-documentary exhibits may be introduced on the size or kind of paper customarily used for them. Exhibits that are trade secrets, confidential information or otherwise exempt from public review shall be placed in an envelope other than white. When practical, sheets of each exhibit shall be numbered and, if the exhibit

consists of two or more sheets, the first sheet or title page shall contain a brief summary of what the exhibit purports to show and the number of pages in the exhibits. It is desirable that rate comparisons or other similar evidence be condensed into easily readable tables. At the hearing, a copy of each documentary exhibit must be furnished to each party present, to the court reporter, and to each Commissioner except for unusually bulky or voluminous exhibits that have previously been made available for the parties’ inspection. Copies must be of good quality.

b. Timely Filing of Exhibits Exhibits offered as part of a party’s direct case (except exhibits offered on redirect examination) must be timely filed. Exhibits filed pursuant to any order, statute, notice or rule requiring their filing before hearing are timely filed. Otherwise, exhibits must be distributed or made available to all parties long enough before their introduction into evidence to allow the parties a reasonable opportunity to review them and to prepare to examine their substance, except those exhibits that update exhibits previously timely filed may be filed so long as fair opportunity is afforded other parties to examine the sponsoring witnesses about the updated material.

c. Objection – Admission Exhibits identified at hearing are subject to appropriate and timely objection before the close of proceedings. Exhibits to which no objection is made are automatically admitted into evidence without motion of the sponsoring party.

8. Late Filed Evidence Except as may be expressly permitted and upon good cause shown, the Commission will not receive in evidence or consider as a part of the record any book, paper or other instrument in connection with the proceeding after the close of the testimony.

39 Miss. Admin. Code Pt. 1, R. 104 Rule 104

Burden of Proof The burden of proof shall be carried by the parties in like manner as is required in the courts of record in the state.

39 Miss. Admin. Code Pt. 1, R. 105 Rule 105

Stipulations By stipulation in writing, or dictated into the record, the parties to any proceeding or investigation by the Commission may agree upon the issues or any portion of the issues involved in the controversy, which stipulation shall be regarded and used in evidence at the hearing. Parties are requested to agree upon the issues whenever practicable.

39 Miss. Admin. Code Pt. 1, R. 106 Rule 106

Order of Procedure 1. Opening the Evidentiary Hearing The Commission may open the hearing by making a concise statement of its scope and purposes and by taking appearances of each party or the party’s authorized representative.

2. Order of Procedure in Evidentiary Hearings a. The party with the burden of proof on the whole proceeding shall be entitled to open

and to close. Parties may be allowed to make opening statements. Following opening statements, if any, the party with the burden of proof shall be allowed to proceed with its direct case. Opposing parties shall be allowed to cross-examination each witness, consistent with any order aligning parties. Each party shall then present its case and witnesses will be subjected to cross-examination. Unless otherwise ordered by the Commission for good cause, the Staff shall be the last party to present a direct case and the last party to cross examine witnesses.

b. Redirect will be limited to matters raised in the round of examination immediately preceding the redirect. The Commission may allow recross examination.

c. The party with the burden of proof may rebut evidence presented by opposing parties after all parties have presented their direct cases. Rebuttal may be afforded other parties at the Commission’s discretion, provided that the party with the burden of proof shall be entitled to make the closing presentation.

d. After parties have completed the presentation of evidence, and have been afforded the opportunity to cross-examine the other parties’ witnesses, closing statements may be allowed. e. The Commission may question any witness testifying in a case.

39 Miss. Admin. Code Pt. 1, R. 107 Rule 107

Testimony under Oath All testimony presented in formal hearings will be given under oath. Before testifying each witness must swear or affirm that the testimony the witness will give before the Commission is the truth, the whole truth, and nothing but the truth.

39 Miss. Admin. Code Pt. 1, R. 108 Rule 108

Parties and Persons with Similar Interests If two or more parties or persons have substantially like interests or positions, to expedite the proceeding and avoid duplication, the Commission may limit the number of them who testify, examine witnesses, or make and argue motions and objections.

39 Miss. Admin. Code Pt. 1, R. 109 Rule 109

Statements of Position Except as provided by Miss. Code Ann. §77-3-39 (3)-(8), addressing prehearing conferences and filings required before the hearing, the Commission may request, by order, that the parties furnish a statement of position no later than three (3) working days before the start of a hearing. Unless otherwise provided by order of the Commission, the statement of position shall contain (i) a concise statement of the party’s position in the proceeding; (ii) a concise statement of each question of fact, law or policy the party considers at issue; and (iii) a concise statement of the party’s position on each issue identified.

39 Miss. Admin. Code Pt. 1, R. 110 Rule 110

Final Orders All final orders of the Commission are indexed by name and subject and are available for public inspection on the Commission’s website or at the Commission’s office in Jackson, Mississippi.

39 Miss. Admin. Code Pt. 1, R. 111 Rule 111

Continuance of Hearing The Commission may continue proceedings for further hearing.

39 Miss. Admin. Code Pt. 1, R. 112 Rule 112

Oral Argument The Commission may in its discretion, set and hear oral argument on any matter before it on reasonable notice according to the circumstances. Generally, only one attorney will be heard for each of the parties during a proceeding. The time for oral argument will be determined by the Commission in each case.

39 Miss. Admin. Code Pt. 1, R. 113 Rule 113

Briefs – Proposed Orders of the Parties – Statements of Position In any proceeding, the Commission may order, and the Staff or any party may move that parties file briefs, memoranda, or proposed orders of the parties or statements of position. Except as provided in RP 14.102 the Commission will determine in each case the time within which any briefs may be filed. Untimely submitted briefs will not be considered except for good cause shown. Requests for extensions of time for the filing of briefs shall only be granted in cases of unusual merit. Such requests shall be submitted to the Chairman of the Commission.

39 Miss. Admin. Code Pt. 1, R. 114 Rule 114

The Hearing Record The hearing record in a proceeding consists of all transcripts of hearings, conferences, arguments and other proceedings on the record and of all exhibits admitted as part of the record at the hearing. Answers to discovery and other documents filed with the Executive Secretary and served on the parties, whether or not discussed at hearing, are not part of the hearing record unless introduced as exhibits at hearing.

39 Miss. Admin. Code Pt. 1, R. 115 Rule 115

The Commission’s Record The Commission’s record in a proceeding automatically includes all filed pleadings, prefiled testimony, exhibits, orders, notices, briefs, proposed orders and position papers. The Commission may add documents officially noticed to the Commission’s record.

39 Miss. Admin. Code Pt. 1, R. 116 Rule 116

The Court Reporter(s) 1. Transcription of Record The reporter(s) at all hearings, conferences, arguments and other proceedings on the record records oral proceedings and collects all exhibits identified at hearing. Upon request, the record may be transcribed.

2. Number of Copies When a proceeding has been transcribed, the reporter(s) shall prepare an original and one (1) copy of the transcript for the Commission and two (2) copies for the Staff.

3. Sealed Transcripts At the direction of the Commission or the presiding officer, the reporter(s) shall prepare a separate transcript volume(s) of closed proceedings involving trade secrets, confidential information or other matters exempt from public disclosure. The reporter(s) shall file the separate transcript volume(s) under seal. Sealed transcripts shall be

separately stored in a secure location with limited access and safeguarded from unauthorized disclosure.

39 Miss. Admin. Code Pt. 1, R. 117 Rule 117

Failure to Appear at Hearing – Defaults After an applicant’s, petitioner’s, complainant’s or moving party’s failure to appear at the time and place set for hearing, the Commission may dismiss the petition, application, complaint or motion. When a respondent that has been properly served fails to answer or appear at hearing, the Commission may order any relief against the respondent authorized by law.

39 Miss. Admin. Code Pt. 1, R. 118 Rule 118

Procedures Following Final Orders 1. Rehearing Proceedings on rehearings shall be governed by the provisions of Miss. Code Ann. §77-3-65.

2. Appeals of Final Orders Appeals of Commission Final Orders may be taken pursuant to Miss. Code Ann. §77-3-67 and 77-3-72.

3. Stay of Orders Pending Appeal The pendency of proceedings to review shall not of itself stay or suspend the operation of the order of the Commission. However, a party may seek an order staying the operation of the order of the Commission pursuant to Miss. Code Ann. §77-3-69.

4. Service of Final Orders The Executive Secretary must indicate on every order the date upon which the order was served on the party or representative of the party.

Chapter 16 Accounts, Records and Reports

Rule 16

39 Miss. Admin. Code Pt. 1, R. 100 Rule 100

Systems of Accounts Each utility shall establish and maintain a system of accounts in accordance with the orders of this Commission. From and after August 1, 1988:

1. All certificated providers of local exchange telecommunication services shall maintain their accounts in accordance with the Uniform System of Accounts prescribed by the Federal Communications Commission.

2. All certificated providers of gas and electric service shall maintain their accounts in accordance with the Uniform System of Accounts prescribed by the Federal Energy Regulatory Commission; provided, in the case of any utility that is required to keep a system of accounts prescribed by the Tennessee Valley Authority or the Rural Electrification Administration, such system of accounts shall be deemed sufficient compliance with the system prescribed by the Commission.

3. All certificated providers of water or sewer services shall maintain their accounts in accordance with the requirements of the Uniform System of Accounts prescribed by the National Association of Regulatory Utility Commissioners.

This rule shall not be interpreted so as to prevent the Commission from requiring additional or supplemental accounting in addition to that provided for above where such do not conflict with those prescribed by the applicable federal regulatory agency.

39 Miss. Admin. Code Pt. 1, R. 101 Rule 101

Filing of Annual Reports 1. Deadline Every regulated utility shall file on or before May 1st of each year an annual report on the published form of the Commission or a form approved by the Commission. The annual report form is accessible on the Commission’s website or by contacting the Executive Secretary of the Commission. All annual reports are available for public inspection and copying except for information contained therein which is confidential or otherwise exempt from public disclosure pursuant to applicable law.

Utilities making reports to any federal agency may file a copy of such report in lieu of the report herein required if such report contains generally the same information required by the Commission. Such reports shall be filed not later than the date required by the federal agency.

2. Failing to Timely File Failure to timely file the required annual report may result in appropriate sanctions imposed by the Commission.

Chapter 17 Fuel Adjustment Clauses or Riders

Rule 17

39 Miss. Admin. Code Pt. 1, R. 100 Rule 100

Recovery of Cost Electric utilities shall be permitted to recover the ultimate cost of fuel burned or consumed in electric generating facilities, together with the cost of purchased energy through the filing of fuel adjustment clauses or riders to its schedules of rates and charges.

39 Miss. Admin. Code Pt. 1, R. 101 Rule 101

Allowable Cost The cost of fuel allowable for inclusion in a fuel adjustment clause or rider shall be the prudent cost of fossil and nuclear fuel consumed in the utility's own plants and the utility's share of fossil and nuclear fuel consumed in jointly owned or leased plants. 1. Non-Nuclear Fuel a. Fossil FuelDirect Costs The allowable direct cost of fossil fuel other than nuclear fuel shall include those items which are properly includable in FERC account 151, 501 and 547 including the following: i Invoice price of fuel less any cash or other discounts. ii Freight, switching, demurrage and other transportation charges, not including, however, any charges for unloading from the shipping medium. iii Excise taxes, purchasing agent's Ccommission, insurance and other expenses directly assignable to cost of fuel. iv Operating, maintenance and depreciation expenses and ad valorem taxes on utility-owned transportation equipment used to transport fuel from the point of acquisition to the unloading point. v Lease or rental costs of transportation equipment used to transport fuel from the point of acquisition to the unloading point.

b. Fuel Handling Costs In addition theretoto the direct costs properly includable in FERC account 151, fuel cost may include direct costs associated with burning the fuel at the generating plant such as fuel handling expenses and the cost sampling and analysis. Fuel handling expenses may include the costs for unloading from the shipping medium, which are not permitted to be included in FERC account 151. Fuel handling costs include those items properly chargeable to FERC accounts 152, 501, and 547 except for the costs associated with hedging activities which are not allowed to be recovered through the fuel clause.

c. Emission Costs The actual costs of SO

and NO X emission allowances, required by Federal or State environmental regulations and consumed as a result of the generation of electricity by utility owned generation plants are includable for recovery through the fuel adjustment clause.

2. Nuclear Fuel

The allowable cost of nuclear fuel shall include those items properly includable in FERC account 518 including the following items: a. The amortization of the net cost of nuclear fuel assemblies used in the production of energy. The net cost of nuclear fuel assemblies subject to amortization shall be the cost of nuclear fuel assemblies plus or less the expected net salvage of uranium, plutonium and other by-products and unburned fuel. The utility shall adopt the necessary procedures to assure that charges to this account are distributed according to the thermal energy produced in such periods.

b. The cost involved when fuel is leased.

c. The cost of other fuels, used for ancillary steam facilities, including super heat.

d. Fuel cost shall be debited or credited as appropriated for significant changes in the amounts estimated as the net salvage value of uranium, plutonium and other by- products and the amount realized upon the final disposition of the materials. Significant declines in the estimated realizable value of such items may be recognized at the time of market price declines. When the declining change occurs while the fuel is recorded in the Nuclear Fuel Assemblies in Reactor Account, the effect shall be amortized over the remaining life of the fuel.

e. No expense for fossil fuel which has already been included in the cost of fossil fuel shall be included in the cost of nuclear fuel.

39 Miss. Admin. Code Pt. 1, R. 102 Rule 102

Purchased Energy The allowable cost of purchased energy shall include the following costs, if prudently incurred, which are appropriately recorded in FERC account 555 (excluding all capacity or demand related charges): 1. The actual identifiable fossil and nuclear fuel costs associated with energy purchased for reasons other than identified in paragraph (2) below.

2. The net energy cost of energy purchased exclusive of capacity or demand charges (irrespective of the designation assigned to such transaction) when such energy is purchased on economic dispatch basis. Included therein may be such costs as the charges for economy energy purchased and the charges as a result of scheduled outages, all such kinds of energy being purchased by the buyer to substitute for its own higher cost energy.

3. All costs, net of costs associated with interconnection or otherwise recovered from a qualifying facility, incurred by an electric utility for purchases of power and/or energy from a qualifying facility pursuant to a standard rate for purchase or other legally enforceable obligations as provided in the rules of the Commission governing cogeneration and small power production, and less.

4. The Less the cost of fossil and nuclear fuel recovered through inter-system sales including the fuel costs related to economy energy sales and other energy sold on an economic dispatch basis.

39 Miss. Admin. Code Pt. 1, R. 103 Rule 103

Other Allowable Costs 1. Independent fuel auditing and consulting performed at the direction of the Commission or the Staff, which have been approved by the Commission and which have not otherwise been provided for in base rates.

2. Costs currently allowable by FERC in wholesale fuel adjustment clauses as described in 18 CFR 35.14

3. Operating and maintenance expenses on leased transportation equipment used to transport fuel from the point of acquisition to the unloading point.

4. Other direct or indirect costs specifically allowed by the Commission.

39 Miss. Admin. Code Pt. 1, R. 104 Rule 104

Excludable Cost This section 104 shall only apply Wwhenever an electric utility purchases fuel for generation from a corporation or company which is owned in whole or in part by the electric utility or its parent company, and that was formed for the purpose of buying fuel for resale to affiliates. If this section applies, the following items of cost, heretofore properly included in fuel adjustment calculations, are ineligible after July 1, 1978, for inclusion in its fuel adjustment clause or rider, even though such items of cost may be included in the invoice price paid for such fuel: 1. Interest costs of financing fuel inventories.

2. Interest in investment and storage facilities.

3. Storage, operating and maintenance expenses (including depreciation; insurance; rentals; repairs and maintenance; and taxes).

4. Fuel handling expenses (loading and unloading) except as described in paragraph B(1) above.

5. Administrative and general: (Salaries; welfare; expenses of officers and employees; franchise tax; office overhead).

6. Miscellaneous expenses (including outside services; insurance on inventory; and other).

39 Miss. Admin. Code Pt. 1, R. 105 Rule 105

Total Energy Cost When application is made by an electric utility proposing to change its schedules of rates and charges and include therein a fuel adjustment clause or rider, the portion of its total energy cost, including costs of fuel and purchased energy, not recovered through its fuel adjustment clause or rider, may be included for recovery in its base rates for electric service.

Chapter 18 Purchased Gas Adjustment Provision

Rule 18

39 Miss. Admin. Code Pt. 1, R. 100 Rule 100

Allowable Costs The specified costs which a public utility distributing gas shall be allowed to recover in its purchased gas adjustment clause (PGA) for retail billings include:

1. Any increase or decrease in the cost of gas per unit sold (including but not limited to applicable transportation charges and BTU adjustments) over or under the cost of gas recovered per unit sold under the rate schedules to which such PGA shall apply.

2. Adjustments for municipal franchise tax (gross receipts tax) and other tax adjustments resulting from or arising in connection with any increase or decrease in the utility’s cost of gas.

3. Such other costs as may be approved by the Commission. Purchased gas adjustment clauses heretofore approved by the Commission may be continued in full force and effect subject to the provisions of the Act.

Chapter 19 Fuel Procurement and Use

Rule 19

39 Miss. Admin. Code Pt. 1, R. 100 Standards for Procurement and Use of Fuel

In procuring and using fuel in the generation of electricity, the utility shall procure such fuel at the lowest and best price available after giving effect to the reliability and ability of the supplier to furnish fuel in adequate quantities and fuel of a quality adequate to meet boiler specifications and environmental requirements over the life of the plant and the adequacy of transportation facilities needed to assure delivery of fuel to the plant site on schedule needed to meet the fuel requirements of efficient and reliable operation of generating plants.

39 Miss. Admin. Code Pt. 1, R. 102 Rule 102

Assessment by Public Utilities Staff The Staff shall annually review the processes and procedures implemented by electric utilities for the procurement of fuel and purchased energy in order to make an assessment of the effectiveness of such processes and procedures in achieving the standards described in Section 100 above. The Staff shall perform such steps as it deems necessary in the circumstances to make the determination.

Chapter 20 Advertising Expenses

Rule 20

39 Miss. Admin. Code Pt. 1, R. 100 Rule 100

General For the purpose of this rule "advertising" means the commercial use, by a public utility, of any media, including newspaper, printed matter, radio, television, telephone, telecopier, etc., in order to transmit a message to a substantial number of members of the public or of such utility's customers.

39 Miss. Admin. Code Pt. 1, R. 101 Rule 101

Political Advertising No public utility, excepting utilities excluded from rate regulation pursuant to Miss. Code Ann. §77-3-5, shall be permitted to recover from its ratepayers any direct or indirect expenditure made by such utility for political advertising as defined herein. For the purposes of this paragraph, "political advertising" means any advertising for the purpose of influencing public opinion with respect to legislative, administrative or electoral matters, or with respect to any controversial issue of public importance.

39 Miss. Admin. Code Pt. 1, R. 102 Rule 102

Promotional Advertising Except to the extent authorized by these rules or other orders of this Commission, no utility, excepting utilities excluded from rate regulation pursuant to Miss. Code Ann. §77-3-5, shall be permitted to recover from its ratepayers any direct or indirect expense for promotional or institutional advertising. For the purpose of this rule "promotional advertising" means any advertising for the purpose of encouraging any person to select or use the service or additional service of any utility or the selection or installation of any appliance or equipment designed to use such utility’s service; and “institutional advertising” means any advertising for the purpose of promoting the general image of a public utility in the community.

39 Miss. Admin. Code Pt. 1, R. 103 Rule 103

Associated Costs The reasonable cost of the following types of promotional and institutional advertising may be recovered as part of the cost of service: 1. Advertising to acquaint the public with new services and advertising designed to assist customers in making efficient and economical use of existing services.

2. Advertising intended to promote conservation of energy.

3. Advertising required by law or regulation.

4. Advertising regarding service interruptions, safety measures or emergency conditions.

5. Advertising concerning employment opportunities with such utility.

6. Any advertising which has been specifically reviewed and approved by the Commission prior to its release.

The utility shall have the burden of establishing the reasonableness of the amount sought to be allowed for advertising expenses and the prudency of the advertisement programs.

Chapter 21 Rate Base, Operating Expenses and Rate of Return

Rule 21

39 Miss. Admin. Code Pt. 1, R. 100 Rule 100

General In regulating the rates of any public utility subject to the provisions of this rule, the Commission shall, on hearing after reasonable notice, ascertain and fix the rate base of the property of the public utility in such a manner as to be fair both to the public utility and to the consumer, when the same is relevant or material to the exercise of the jurisdiction of the Commission. The Commission shall make readjustments from time to time, and ascertain the cost of all new construction, extensions and additions to the property of every public utility.

39 Miss. Admin. Code Pt. 1, R. 101 Rule 101

Rate Base Considerations In arriving at such a rate base, the Commission shall give due consideration to: 1. The reasonable original costs of the property used and useful, or to be used and useful within a reasonable time after the test period;

2. The portion of the cost which has been consumed by previous use recovered by depreciation expense;

3. The allowance for funds used during construction, not to exceed on borrowed funds the true net interest cost of such funds, computed according to the actuarial method, and, on the equity component thereof, a rate of return granted on common equity in the last rate proceeding of the subject utility before the Commission, or if such rate has not been established within the preceding thee (3) years, then the average rate of return actually earned on equity during the preceding three (3) years. In connection with such calculations, compliance with the rules of any federal agency having jurisdiction over the subject utility may be deemed sufficient compliance with this rule;

4. Any other items proposed by the utility in a rate case; and

5. Other elements which are deemed by the Commission to be material in determining the rate base for ratemaking purposes.

39 Miss. Admin. Code Pt. 1, R. 102 Rule 102

Test Period The test period for measuring a public utility's rate base may be the twelve (12) month period beginning with the proposed effective date of the new rates set forth in the Notice of Intent.

39 Miss. Admin. Code Pt. 1, R. 103 Inclusions and Exclusions

1. Donated Property The rate base shall not include property donated to such utility without any consideration nor shall operating expenses include depreciation of such donated property.

2. Operating Expenses The allowable operating expenses of a utility for ratemaking purposes shall include all necessary, prudent and reasonable expenses incurred or to be incurred in the rendition of the utility's service.

3. Specific Expense Items The following expenditures are not considered allowable operating expenses:

a. 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.

b. The cost of legislative-advocacy expenses.

c. Expenditures for business gifts and entertainment that the Commission determines not to be in the public interest.

d. Expenditures of any kind which the Commission determines not to have been prudently incurred or not incurred in the interest of the public.

e. Attorneys’ fees, costs and expenses associated with any adversarial proceeding, excluding periodic formulary rate plan evaluations, in which the public utility, ultimately, (i) is ordered or agrees to make a refund to ratepayers or (ii) is found to have or admits to having acted illegally or committed any wrongdoing associated with a regulated activity, excluding ordinary negligence. Attorneys’ fees, costs and expenses associated with parts (i) and (ii) of this paragraph will be considered allowable operating expenses upon a showing by the public utility that such expenses were prudent, in the public interest and result in just and reasonable rates. Nothing in this paragraph shall be construed to diminish or restrain the Commission’s authority as recognized in paragraph “d.” above.

f. Expenditures associated with private aircraft, except that the equivalent cost of a standard economy class flight on a commercial carrier may be considered as an allowable operating expense when supported by appropriate documentation and justification, submitted by the utility seeking recovery, showing that such expenses are reasonable and result in benefits to ratepayers. For purposes of this subsection, “appropriate documentation and justification” shall include, but not be limited to:

i A log of commercial flights and cost data used to support the determination of the equivalent cost of a standard economy class flight on a commercial air carrier. Equivalent cost shall be determined by calculating the average market rate of a flight segment of commercial air travel on the date private aircraft travel was undertaken. That average market rate would then be applied to each flight segment traveled on the private aircraft.

ii An accurate flight log with a detailed explanation of the purpose for which each passenger is traveling so that the Commission can determine that the flights were taken for utility business purposes only.

History

• Source: Mississippi Code Annotated § 77-3-45

39 Miss. Admin. Code Pt. 1, R. 104 Rule 104

Determination of a Fair Rate of Return The fair rate of return for a public utility may be arrived at by considering a number of factors, and it cannot be determined by any specific formula, except as provided for in Miss. Code Ann. §77-3-2. However, the basic factors to be considered in arriving at the overall required rate of return are (1) the cost of debt capital, (2) the cost of preferred stock capital and (3) the cost of equity capital. The capital costs of a public utility shall be determined based on evidence of the appropriate costs for the utility's debt capital, preferred stock capital and equity capital. The overall cost of capital may be determined as weighted average of the appropriate costs of these various types of capital.

Chapter 22 Charitable or Civic Contributions

Rule 22

39 Miss. Admin. Code Pt. 1, R. 100 General

1. Charitable or civic contributions shall not be allowed as cost of service. The Commission finds that passing on a public utility’s charitable or civic contributions to ratepayers in the present difficult economic environment would be unreasonable, unfair, imprudent and contrary to the public interest. Allowing recovery of such contributions through rates would not promote adequate, reliable and economical service to all citizens and residents of the state and would contribute to rates that would neither be just nor reasonable.

2. A public utility may offer a mechanism on customer’s bills that would allow the customer the opportunity to donate money, voluntarily, to charitable or civic organizations on a month-by-month basis in an amount determined by the customer.

3. All public utilities shall file an annual report detailing the contributions collected through any voluntary mechanism offered by the utility on the customer’s bill and how such contributions were expended.

Chapter 23 Discontinuance of Local Exchange Telecommunications Services Provided by Competitive Local Exchange Carriers

History

• Source: Mississippi Code Annotated §§ 77-3-2, -33, -45, -79.

39 Miss. Admin. Code Pt. 1, R. 100 Rule 23

Definitions 1. Bankruptcy Petition The document that initiates a bankruptcy case under Title 11 of the United States Code (11 U.S.C. § 101 et seq.) and refers to either Chapter 7 for liquidations or Chapter 11 for reorganization of the debtor. The term includes both voluntary and involuntary bankruptcy.

2. Competitive Local Exchange Carrier or "CLEC" A telecommunications services provider offering and/or providing local telecommunications services.

3. Discontinuance A permanent cessation of telephone operations by a CLEC to its customers or the termination of individual local exchange telecommunications service offerings to its customers.

4. Incumbent Local Exchange Carrier or "ILEC" A telecommunications service provider that meets the definition set forth in 47 U.S.C. §252(h).

5. Resale Occurs when a CLEC purchases telecommunications services on a wholesale basis from the ILEC and resells those services to its customers.

6. Unbundled Network Element or "UNE" Includes the various physical and functional elements of an ILEC's network offered to CLECs on an unbundled basis as a requirement of the Telecommunications Act of 1996 (47 U.S.C. §251(c) (3)).

39 Miss. Admin. Code Pt. 1, R. 101 Rule 101

Requirements for Discontinuance 1. Complete Discontinuance A CLEC intending to cease operations and to discontinue the provision of all local exchange telecommunications services in Mississippi shall file a formal petition for authority to do so with the Commission no less than sixty (60) calendar days prior to the date of discontinuance of local exchange telecommunications services. The petition shall provide: a. The number of affected customers and types of service offerings provided;

b. A description of customer notification efforts by the CLEC, copies of the written notice sent or proposed to be sent to the CLEC's customers and plans, if any for

follow-up customer notification. Notice shall be consistent with the requirements described herein.

c. A full explanation of the reasons for the proposed discontinuance of operations, including any plan to transfer the CLEC's customers to other carriers; and,

d. A request for cancellation of the petitioning CLEC's certificate or certificates to provide local exchange telecommunications service and, if applicable, interexchange telecommunications services upon the approval for discontinuance of the CLEC's local exchange operations. If cancellation of the certificate or certificates is not requested, a concise statement of why the Commission should not cancel the certificate or certificates should be given; and i The date service will be discontinued; ii A sample of the notice to be sent or that was sent to the customers; iii Date by which customer must select a provider, and; iv Summary of how and what format the customer service records (CSRs) are being kept and how CSRs will be made available to other carriers.

2. Partial Discontinuance A CLEC intending to partially discontinue local exchange telecommunications services on a geographic basis, by functional type (e.g. resale), or by class (e.g. residential), shall file a formal petition no less than sixty (60) calendar days prior to discontinuance of service for authority to do so with the Commission. The petition shall provide: a. The number of affected customers and types of service offerings provided;

b. A full explanation of the reasons for partial discontinuance of service, including any plans to transfer the CLEC's affected customers to other services or carriers; and,

c. The proposed tariff revisions with a proposed effective date; and

d. A copy of the notice or proposed effective date; and

e. A copy of the notice or proposed notice to be sent to the CLECs customers and plans, if any, for follow-up customer notification. Notice shall be consistent with the requirements described herein.

3. Prerequisites to Discontinuance Except in instances described herein, no discontinuance of local exchange telecommunications service shall be implemented until the Commission has ruled on the petition and notice has been provided to end user customers.

4. Waiver of Third Party Verification and Slamming Requirements Concurrent with the approval of the petition by the Commission, the Third Party Verification and Slamming Requirements will automatically be waived for new local service providers acquiring customers from the exiting CLEC.

5. Additional Requirements In its consideration of the petition, the Commission shall determine if sufficient notice has been provided to customers and shall prescribe any additional notice or other requirements, as it deems necessary in the public interest.

39 Miss. Admin. Code Pt. 1, R. 102 Rule 102

Customer Notification Customers shall be provided written notice no less than sixty (60) calendar days prior to the proposed discontinuance of service and the notice shall include the following requirements: 1. The date the service will be discontinued;

2. The reason for discontinuance;

3. Clear instruction how to choose another provider;

4. A toll-free number for the exiting provider that customers may call with inquiries prior to the discontinuance of local exchange service;

5. Clearly stated deadlines for customer action including a statement that the customer will lose service if the customer does not select another provider;

6. Identification of each telephone number and its associated circuit identification, if a circuit identification exists, with a statement that informs the customer to provide this information to the local service provider the customer chooses; and

7. A statement that any deposit held by the company shall be applied to the customer's final bill and a refund will be issued within forty-five (45) calendar days of issuance of the final bill if the deposit amount exceeds the final bill amount.

39 Miss. Admin. Code Pt. 1, R. 103 Rule 103

Bankruptcy Requirements 1. Required Documentation A CLEC that is the subject of a bankruptcy petition shall provide to the Commission a complete copy of the bankruptcy petition and any plan filed under Chapter 7 or 11 of the Bankruptcy Code. Simultaneous with a bankruptcy petition being filed by or against a CLEC or its corporate parent, the CLEC shall provide written notice and a copy of such bankruptcy petition to the Commission. The written notice shall include the following information and be updated as necessary a. Whether the CLEC currently provides service offerings to customers in Mississippi and the number of its customers and types of services provided;

b. The name, address, and telephone number of any trustee in bankruptcy;

c. The name, address and telephone number of the attorney representing the CLEC in its bankruptcy petition; and

d. The name, address and telephone number of any company proposing to acquire the assets of the CLEC.

2. Notice Provisions In those cases where the CLEC has filed for bankruptcy protection and the bankruptcy judge has issued its ruling on surety and terms of disconnection, the notice by the ILEC to the CLEC as described herein may be changed to be consistent with the order of the court.

3. Limited Effect Nothing contained in this Rule is intended to limit the protections afforded creditors by any provision of the Bankruptcy Code, including but not limited to 11 U.S.C. §§ 365 and 366.

39 Miss. Admin. Code Pt. 1, R. 104 Rule 104

Administrative Duties of CLECs The CLEC shall send a letter to the Number Portability Administration Center (NPAC) authorizing NPAC to provide concurrence for use on telephone numbers ported after the CLEC exits.

The CLEC shall apply any deposit held to the customer's final bill and a refund will be issued within forty-five (45) calendar days of issuance of the final bill if the deposit amount exceeds the final bill amount.

All CLECs shall provide a copy of the filed petition to all 911 entities affected by the discontinuance no later than five (5) calendar days after filing.

The CLEC shall request removal of all Local Service Freezes on existing or affected accounts to allow migration processing concurrent with the sixty (60) day notice.

The CLEC shall notify the North American Numbering Plan Administrator ("NANPA") and/or the Number Pooling Administrator and provide the requisite documents for the relinquishment of NXX codes and/or thousand blocks to the NANPA, the Pooling Administrator, and the Executive Secretary of the Mississippi Public Service Commission. In addition, the code holder or block holder shall abide by industry guidelines (Central Office Code Assignment Guidelines and/or the Thousands-Block Number (NXX-X) Pooling Administrator Guidelines).

The CLEC shall retain an adequate number of personnel able to process all local service requests received prior to the final discontinuance date.

39 Miss. Admin. Code Pt. 1, R. 105 Rule 105

Disconnection of CLEC by ILEC 1. Good Faith Action Required All ILECs and CLECs must make a good faith effort to work together in determining what portion, if any, of its bill for resale or unbundled network elements provided by the ILEC to the CLEC is disputed and which portion is undisputed. The ILEC shall work with the CLEC to resolve the billing dispute and arrange for payment of the

outstanding charges, pursuant to the Interconnection Agreement entered into between the ILEC and the CLEC.

2. Notice of Intent to Terminate or Deny Service All ILECs must send to the CLEC a notice of intent to terminate or deny services to the CLEC for non-payment of undisputed charges. A copy of the notice shall be provided to the Executive Secretary of the Commission. The failure of the Commission to receive timely notice shall constitute rebuttable presumption of unlawful termination. All ILECs must state the following in the content of the notice: a. The name and address and account number of the CLEC;

b. A plain statement of the grounds upon which the right to disconnect or denial is founded, including the amount owed; and,

c. The exact date or range of dates service will be discontinued.

3. Restriction on Disconnection or Denial of Service ILECs must not disconnect or deny service to the CLEC prior to the date (or range of dates) given on the notice of intent to terminate. In no case shall disconnection be effected less than thirty (30) calendar days from the date the ILEC mails the notice to terminate service to the CLEC. If the last day of the thirty (30) day notice period falls on a Saturday, Sunday or legal holiday, the notice period will expire at the close of the ILEC's next business day. In order to ensure that the interests of customers are adequately protected during the termination of service to a CLEC for non-payment of charges, the Executive Secretary of the Commission shall have the authority, in order to further the public interest, to issue directives to ILECs and CLECs to effectuate the intent of this Rule.

4. Duties of CLEC Within five (5) business days after the notice from the ILEC is received by the CLEC, the CLEC shall fax and file by certified mail to the Executive Secretary of the Commission, a notarized affidavit (Exhibit A) verifying one (1) of the following: a. The Company can and will pay the undisputed amount owed to the underlying carrier at least five calendar days prior to the disconnect date;

b. The Company will mail notice of disconnection, as described herein, to its customers at least twenty (20) calendar days prior to disconnection.

5. Requirement of Spreadsheet The CLEC shall also file a spreadsheet containing a list of customer names, addresses, and telephone numbers under seal, within (five) 5 business days after the notice to disconnect is received by the CLEC. The list shall specifically identify those end user customers who are public utilities or agencies, governmental agencies, inmate facilities or hospitals. If the CLEC is facilities based, the required list shall also include: a. Circuit ids,

b. Cable pair identification,

c. A statement of authorization allowing the new local service provider to complete the number portability migration process required for transfer of local exchange service to another local service provider; and

d. A statement that the CLEC will set the appropriate triggers in the CLEC's switch to allow for the completion of calls.

The required information shall be used to facilitate the transfer of the end user customers to their new local service provider.

6. Administrative Cancellation of Certificates A CLEC that is found to have ceased providing local exchange telecommunications services to its customers in Mississippi without providing notice to the Commission and to its customers under this Rule shall be in violation of this Rule, and its certificate may be administratively cancelled.

7. Penalties Any willful or intentional violation of this Rule may subject the telecommunications service provider to a penalty not to exceed $5,000.00 for each day for each violation. Violations may also constitute grounds for forfeiture of a CLECs Certificate of Operations to provide service in Mississippi.

AFFIDAVIT

STATE OF ______________________________

COUNTY OF ______________________________

On this _______________________ day of ___________________, before me, the undersigned, a Notary Public in and for the State and County aforesaid, personally appeared ____________, appearing herein in his capacity as ___________________(Title) of ___________________(Company) (the "Company") duly authorized to act on behalf of said Company, who being by me first duly sworn deposed and said that:

The foregoing instrument/Notice of Disconnect was received by said Company with an undisputed amount listed as (Dollar Amount) due to the underlying carrier and a date of disconnect listed as (Date or Dates Specified).

He/She is appearing to swear or affirm that he/she will ensure, on behalf of said Company, that:

The Company can and will pay the undisputed amount owed to the underlying carrier at least five (5) calendar days prior to the disconnect date;

OR

The Company will mail notice of disconnection to its customers at least twenty (20) calendar days prior to the disconnection date as listed in the attached Notice from the underlying carrier (ATTACHMENT OF NOTICE REQUIRED.)

AND if I fail to do what I say that I will do (send notice or pay) then I forfeit the bond for failing to do as I have sworn I would do.

AND if present before the Commission and duly sworn, his/her testimony would be the same.

Person duly authorized to act for the Company

SWORN TO AND SUBSCRIBED BEFORE ME THIS _____DAY OF ____________________ , 20.

NOTARY PUBLIC

My Commission Expires:__________________________________

Exhibit A

Chapter 24 Declaratory Opinions

Rule 24

39 Miss. Admin. Code Pt. 1, R. 100 Rule 100

Scope of Rules These sections set forth the Commission’s rules governing the form and content of requests for declaratory opinions, and the procedures of the Commission regarding the requests, as required by Miss. Code Ann. §25-43-2.103.

39 Miss. Admin. Code Pt. 1, R. 101 Rule 101

Persons Who May Request Declaratory Opinions Any person having a substantial interest in the subject matter may make a written request of the Commission for a declaratory opinion by complying with these rules.

“Substantial interest in the subject matter” includes but is not limited to, any person which will be substantially and directly affected in the subject matter, its outcome or otherwise possessing a substantial interest.

39 Miss. Admin. Code Pt. 1, R. 102 Rule 102

Scope of Declaratory Opinions The Commission will issue declaratory opinions regarding the applicability to specified facts of: (a) a statute administered or enforceable by the Commission, (b) a rule promulgated by the Commission, or (c) an order issued by the Commission.

The Commission will not issue a declaratory opinion regarding a statute, rule or order which is beyond its jurisdiction.

The Executive Director of the Staff, upon the request of the Commission, may have the Staff prepare declaratory opinions on behalf of and for the Commission.

39 Miss. Admin. Code Pt. 1, R. 103 Rule 103

Circumstances in which Declaratory Opinions May Not Be Issued The Commission may, for good cause, refuse to issue a declaratory opinion. Without limiting the generality of the foregoing, the circumstances in which declaratory opinions may not be issued include, but are not necessarily limited to: 1. Lack of jurisdiction;

2. Lack of sufficient clarity of the issues presented;

3. Pending or anticipated litigation, prosecution, administrative action, or other adjudication which may either answer the question presented by the request or otherwise make an answer unnecessary;

4. The statute, rule, or order on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request;

5. The facts presented in the request are not sufficient to answer the question presented;

6. The request fails to contain information required by these rules or the requestor failed to follow the procedures set forth in these rules;

7. The request seeks to resolve issues which have become moot, or are abstract or hypothetical such that the requestor is not substantially affected by the rule, statute or order on which a declaratory opinion is sought;

8. No controversy exists concerning the issue as the requestor is not faced with existing facts or those certain to arise which raise a question concerning the application of the statute, rule, or order;

9. The question presented by the request concerns the legal validity of a statute, rule or order;

10. The requestor has not suffered an injury or threatened injury fairly traceable to the application of the statute, rule or order;

11. The request is not based upon facts calculated to aid in the planning of future conduct, but is instead based on past conduct in an effort to establish the effect of that conduct;

12. No clear answer is determinable;

13. The question presented by the request involves the application of a criminal statute or sets of facts which may constitute a crime;

14. The answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure;

15. The question is currently the subject of an Attorney General's opinion request or has been answered by an Attorney General's opinion;

16. The request is speculative or purely hypothetical and does not involve an actual situation;

17. The request is frivolous;

18. Where such opinion may adversely affect the interests of the State, the Commission, or any of their officers or employees in any litigation which is pending or may reasonably be expected to arise;

19. Where a similar request is pending before the Commission or any other agency or a proceeding is pending on the same subject matter before any agency, administrative or judicial tribunal, or where such an opinion would constitute the unauthorized practice of law;

20. The request raises issues involving certification or rate matters as there exists a statutory or regulatory process by which certification and rate matters are determined; and

21. For other good cause stated by the Commission.

39 Miss. Admin. Code Pt. 1, R. 104 Rule 104

Questions of Law Where a request for a declaratory opinion involves a question of law, the Commission may refer the matter to the State Attorney General.

39 Miss. Admin. Code Pt. 1, R. 105 Rule 105

Notification of Decision to Decline to Issue a Declaratory Opinion In the event the Commission declines to issue a declaratory opinion, the requester shall be notified in writing that the request for a declaratory opinion was denied and the reasons therefore shall be specified.

39 Miss. Admin. Code Pt. 1, R. 106 Rule 106

Form and Content of Request 1. Number Required The original and four copies of the request shall be submitted to the Commission.

2. Specifications The signed request must be printed or typewritten or be in legible handwriting submitted on 8½ by 11 inch paper. The request may be in the form of a letter or may be in the form of a pleading. The request and envelope must clearly designate that a request for a declaratory opinion is sought. Oral, electronic and telephone requests are unacceptable.

39 Miss. Admin. Code Pt. 1, R. 107 Rule 107

Methods of Delivery 1. To Commission A written request of the Commission shall be mailed to the Executive Secretary, Mississippi Public Service Commission, P.O. Box 1174, Jackson, Mississippi 39215- 1174 or hand delivered to Executive Secretary, Mississippi Public Service Commission, 501 N. West Street, Suite 201A, Jackson, Mississippi 39201.

2. To Public Utilities Staff A copy of such request shall be mailed to the Executive Director of the Public Utilities Staff, P.O. Box 1174, Jackson, Mississippi 39215-1174 or hand delivered to the Executive Director of the Public Utilities Staff, 501 N. West Street, Suite 301-B, Jackson, Mississippi 39201.

3. Required Information The request shall contain: a. The name, mailing address, and telephone number of the requestor;

b. A concise statement of the specific issue or question presented;

c. A clear statement of all specific facts relevant to a resolution of the question presented;

d. A designation of the specific statute, rule, order or ordinance in question and statement of jurisdiction;

e. A statement of the nature of requestor’s interest, including reasons for the submission;

f. A statement sufficient to show a substantial interest in the subject matter of the requested question or issue;

g. A statement of position or contention on the requested issue or opinion by the requestor;

h. The identity of all other known persons involved in or impacted ( or potentially impacted) by the factual situation causing the request including their relationship to the facts, their name(s), mailing address(es) and telephone number(s);

i. A memorandum of authorities, containing a full discussion of the reasons, including any legal authorities in support of such position or contention;

j. All supporting documentation and any other relevant information;

k. A statement that there are no related proceedings, proceedings involving the subject matter or similar proceedings pending or anticipated before any agency, administrative or judicial tribunal;

l. A statement that all parties involved in a contested case were noticed by the requestor pursuant to this rule if the subject matter involved an Order by the Commission in a contested case;

m. The signature of the requestor signed under oath, or where represented by an attorney, the signature of the attorney; and

n. If the request seeks an opinion which involves a question of law, a statement of the issue shall be clearly described.

39 Miss. Admin. Code Pt. 1, R. 108 Rule 108

Single Transaction A request must be limited to a single transaction or occurrence.

39 Miss. Admin. Code Pt. 1, R. 109 Rule 109

Time for Commission’s Response and Notification 1. Response To Within forty-five (45) days after the receipt of a written request for a declaratory opinion which complies with the requirements of these rules, the Commission shall, in writing:

a. Issue an opinion declaring the applicability of the specified statute, rule, or order to the specified circumstances;

b. Decline to issue a declaratory opinion, stating the reasons for its action; or

c. Agree to issue a declaratory opinion by a specified time but no later than ninety (90) days after receipt of the written request.

2. Method of Delivery of Response The Commission shall promptly mail a copy of all opinions issued in response to a written request for a declaratory opinion to the requesting person.

3. When Period Begins to Run The forty-five (45) day period shall begin running on the first State of Mississippi business day that the request is received in the office of the Executive Secretary of the Commission.

4. Opinion Not Final for Sixty Days A declaratory opinion shall not become final until the expiration of sixty (60) days after the issuance of the opinion. Prior to the expiration of sixty (60) days, the Commission may, in its discretion, withdraw or amend the declaratory opinion for any reason which is not arbitrary or capricious. Reasons for withdrawing or amending an opinion include, but are not limited to, a determination that the request failed to meet the requirements of these rules or that the opinion issued contains a legal or factual error.

39 Miss. Admin. Code Pt. 1, R. 110 Rule 110

Procedure Subsequent to Receipt of Request for Declaratory Opinion 1. Notification to Other Persons In addition to the notice requirement placed upon the requestor herein, the Commission may give notice to any person that a declaratory opinion has been requested and may receive and consider data, facts, arguments and opinions from persons other than the requestor, including comments on whether a declaratory opinion should be issued.

2. Required Service of Notification by Requestor The requestor, or his attorney, shall append to the request for a declaratory opinion a listing of all persons, with addresses, known to the requestor who may have an interest in the declaratory opinion sought to be issued, and shall mail a copy of the request to all such persons. If the requestor seeks a declaratory opinion as to the applicability of an order of the Commission entered in a contested case, the requestor shall serve a copy of the request upon all other parties in that case. If the requestor is a customer of a person or company regulated by the Commission which would be affected by the request, the requestor shall serve the person or company of which he is a customer. The requestor shall file a Certificate verifying that notice was properly provided pursuant to this rule and provide the date of such notice. The requestor or his attorney shall certify that a copy of the request was mailed to all such persons together with this statement: “Should you wish to participate in the proceedings of this request, or receive notice of such proceedings or the declaratory opinion issued as a result of this request, you should

contact the Executive Secretary of the Commission within twenty days of the date of this request.”

3. Time for Response Any person or entity so served has ten (10) calendar days in which to file briefs in support of, or in opposition to the request for a declaratory opinion.

39 Miss. Admin. Code Pt. 1, R. 111 Rule 111

Additional Information When deemed necessary, the Commission may request that the requestor state the terms of the proposed opinion; may request oral argument and written briefs be submitted by all interested parties and any other information deemed necessary.

39 Miss. Admin. Code Pt. 1, R. 112 Rule 112

Hearing at the Discretion of the Commission 1. Provision for Hearing If the Commission in its sole discretion deems a hearing necessary or helpful in determining any issue concerning a request for declaratory opinion such hearing may be scheduled. Notice of the hearing shall be given to all interested parties unless waived. Notice mailed by first class mail seven (7) calendar days prior to the hearing shall be deemed appropriate.

2. Proceedings at the Hearing The procedure for conducting a hearing, including but not limited to the manner of presentation, the time for presentation, and whether and how evidence may be taken, shall be within the discretion of the Commission.

3. Persons Appearing at the Hearing The Commission may allow the requestor and any other persons or entities to participate in any hearing.

39 Miss. Admin. Code Pt. 1, R. 113 Rule 113

Public Availability of Requests and Declaratory Opinions Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying at the expense of the viewer during normal business hours. All declaratory opinions and requests shall be indexed by name and subject. Declaratory opinions and requests which contain information which is confidential or exempt from disclosure under the Mississippi Public Records Act or other laws shall be exempt from this requirement and shall remain confidential.

The Commission will provide an index by name and subject of all requests for declaratory opinions and of all declaratory opinions issued by the Commission unless the information contained within such opinion is confidential or exempt from public disclosure pursuant to applicable law.

39 Miss. Admin. Code Pt. 1, R. 114 Rule 114

Informal Request for Interpretation Any request presented in any manner other than in accordance with the provisions of this rule shall not be deemed to be a request for a declaratory opinion but may be deemed an informal request for interpretation and may be acted on as such.

Chapter 25 Return on Purchased Power Capacity

Rule 25

39 Miss. Admin. Code Pt. 1, R. 100 Rule 100

Procedure 1. Report by Utility Miss. Code Ann. §77-3-91 through 77-3-95, allow a utility to include as an expense item in its revenue requirements for the purpose of calculating its rates for retail service an amount representing a return on the cost of capacity purchased from a non-utility generator or some nonassociated source for a period in excess of thirty (30) days. Before the utility may receive this return on the cost of capacity purchased, the utility shall report the purchase to the Commission and the Staff. The report shall provide the information outlined in Appendix E and shall be filed with the Commission pursuant to RP 6. The utility shall provide copies of the report to those third persons who have requested copies of the same and who are on a list maintained for that purpose by the Executive Secretary of the Commission as of the date the utility filed the report. The utility shall certify to the Commission its compliance with this rule.

2. Confidential Information Should the utility assert that any portion of the report, or any document in support thereof, contains trade secrets or confidential commercial or financial information, the utility shall separately file such information with the Commission and Staff as provided by the rules herein. Copies of the trade secrets and/or confidential information shall not be provided to any third person or party requesting the same, except pursuant to applicable rule herein and according to applicable law.

3. Response by Third Persons Any third person desiring to comment on the utility's filing to earn a return shall file such comments within twenty (20) days after the utility files its report. Any third person desiring a hearing shall file a written petition pursuant to Miss. Code Ann. §77- 3-95(2) within twenty (20) days after the utility files its report. All comments and petitions for hearing shall include all supporting documentation, and all petitions shall also include proposed testimony and exhibits. Any person filing comments or a written petition shall specifically identify the issue or issues to which the comments and petition are addressed. A petition for a hearing shall also state specifically why a hearing is needed and why the issues cannot be adequately addressed by the Commission on written submittals. Copies of the comments, written petitions, and all supporting documentation shall be filed and served on the Staff, the utility, and all other parties of record in the proceeding in accordance with RP 6. For the purposes of this rule, a "party of record" means a third person which files comments or a petition pursuant to this paragraph.

4. Response by Utility Following the filing of the comments and/or petitions of third persons, the utility may file its response to the specific issues raised, which shall include comments and

supporting documentation, and may include proposed testimony and exhibits. The utility shall file its response with the Commission and serve copies on the Staff and all other parties of record.

5. Review by Staff Upon the filing of the utility's report, comments, petitions, the utility's response, and supporting documentation, the Staff shall review the information submitted by the utility and all third persons and shall investigate the purchase to determine: (a) Whether the purchase is in the best interest of the utility and its retail customers; (b) Whether the portion of the purchase designated as capacity or energy requirements, or both, is appropriate; and (c) Whether the return filed by the utility in the report of purchase is just and reasonable to the utility and to its retail customers.

The Staff shall report the results of its investigation to the Commission in writing. A copy of the Staff report shall be provided to the utility and all parties of record.

6. Action by Commission Within thirty (30) days after the utility files its report pursuant to paragraph (1) of this section, if the Commission determines that further proceedings are necessary, or that additional time is needed for the Staff to make its report, it shall suspend the filing for a period not to exceed one hundred and twenty (120) days from the date the utility files its report, and conduct further proceedings as it deems necessary pursuant to Miss. Code Ann. §77-3-95(3). Otherwise the return requested shall become effective on the date requested in the report and the Commission shall enter a final order authorizing the utility to include the requested return in the calculation of its retail rates.

39 Miss. Admin. Code Pt. 1, R. 101 Rule 101

Cost of Capacity The cost of the purchase of capacity for the purpose of this Rule and Miss. Code Ann. §77- 3-93 and §77-3-95 shall be that charge or expense associated with the purchase of capacity, as that term is defined in Miss. Code Ann. §77-3-91(f) & (g). When the cost of capacity is not separately stated, then the cost of capacity shall be that portion of the charge which represents the availability of the generating unit or units or which represents a firm commitment to supply energy for a period in excess of thirty (30) days.

39 Miss. Admin. Code Pt. 1, R. 102 Rule 102

Special Provision For those utilities using Commission approved formulary rate plans, the rate of return, which, pursuant to Miss. Code Ann. §77-3-91(c), may be adjusted to a before-tax basis, for the specific filing period(s) for which such return is requested shall be deemed just and reasonable.

Chapter 26 Rule-Making

Rule 26

39 Miss. Admin. Code Pt. 1, R. 100 Rule 100

Commission or Staff Initiated Rule-Making The Commission may initiate rule-making proceedings on its own motion or the Staff may initiate rule-making proceedings by motion to the Commission.

39 Miss. Admin. Code Pt. 1, R. 101 Rule 101

Petitions for Rule-Making Any interested person can petition the Commission for issuance, amendment or repeal of a rule.

39 Miss. Admin. Code Pt. 1, R. 102 Rule 102

Applicable Law In adopting, amending or rescinding any rule, the Commission shall comply with Miss. Code Ann. §25-43-1.101 et seq; §25-43-2.101 et seq; and §25-43-3.101 et seq.

39 Miss. Admin. Code Pt. 1, R. 103 Rule 103

Open to the Public All hearings which are conducted, as may be required by applicable law, are open to the public.

39 Miss. Admin. Code Pt. 1, R. 104 Rule 104

Designation of Spokesperson To prevent undue repetition during the hearing, parties whose interests are aligned shall designate no more than two (2) spokespersons to present oral argument or views to the Commission. This designation shall be made five (5) days prior to the hearing date, if a hearing is required, by filing said designation with the Executive Secretary pursuant to RP 6.

39 Miss. Admin. Code Pt. 1, R. 105 Rule 105

Rule-Making Docket The Commission and/or the Staff shall maintain a current public rule-making docket which briefly describes each pending rule-making proceeding and the subject matter thereof involving the Commission or the Staff. This docket shall also provide: (a) a citation to all published notices relating to the proceeding; (b) the location where written submissions or written requests for an opportunity to make oral presentations on the proposed rule may be inspected; (c) description of the time period for making written submissions; (d) where applicable, the location and date for oral presentations to the Commission; (e) location of the economic impact statement and written requests for the issuance of and other information concerning an economic impact statement of the proposed rule may be inspected; (f) description of the current status of the proposed rule; (g) designation of the date of the rule’s adoption; and (h) designation of the effective date of the rule.

39 Miss. Admin. Code Pt. 1, R. 106 Rule 106

Rule-Making Record The Executive Secretary of the Commission shall maintain an official rule-making record for each proposed rule or adopted rule which contains the information required by Miss. Code Ann. §25-43-3.110(2) which shall be available for public inspection. The record shall be available on the Commission’s website at www.psc.state.ms.us. The user’s guide section of the Commission’s website shall inform the public how to retrieve rule-making

records. Computers designated for public access to the electronic rule-making records are available in the offices of the Commission and the Staff. This record shall contain: 1. Notice(s) of Proposed rule-making or notices of oral proceedings or other publications in the administrative bulletin;

2. Entries from the public rule-making docket;

3. All written comments, requests and other written materials considered;

4. Where transcribed, the official transcript of oral presentations made in the proceeding. If no transcription has occurred, then any tape recording or stenographer record of the presentations and any memorandum authorized by a presiding official which summarizes the contents of the presentations;

5. The economic impact statement; and

6. Text of the rule and required accompanying information pursuant to Miss. Code Ann. 25-43-3.109.

Those portions of the administrative bulletin and administrative code with accompanying index, which have been published by the Mississippi Secretary of State’s Office which contains rules adopted or used by the Commission and the Staff in the discharge of each of their functions are available for public inspection and copying on the Commission’s website or may be viewed at the Office of the Executive Secretary of the Commission.

39 Miss. Admin. Code Pt. 1, R. 107 Rule 107

Maintenance of Mailing Lists The Executive Secretary of the Commission shall maintain a mailing list of all persons who have made a timely request to be placed on the mailing list for receiving notices of proposed rule adoptions.

Interested persons may contact the Executive Secretary of the Commission to be placed on the mailing list maintained by the Commission to receive notices of proposed rule adoptions.

Persons who desire to be placed on the mailing list must at the time of requesting placement on the mailing list provide a mailing address. Persons may request that the notice of proposed rule adoptions be provided by facsimile transfer or e-mail; in such case, FAX number and/or e-mail addresses must be provided to the Executive Secretary at the time of such request. However, it will be the option of the Executive Secretary as to the method of delivery of the requested notice(s) of proposed rule adoptions.

39 Miss. Admin. Code Pt. 1, R. 108 Rule 108

Review of Rules Every Fifth Year On or around July 1 st of each fifth year, the Commission will review its rules in compliance with Miss. Code Ann. §25-43-3.114.

Chapter 27 Special Contracts

Rule 27

39 Miss. Admin. Code Pt. 1, R. 100 Rule 100

Special Contracts with Manufacturers and Certain Electric and Gas Customers Utilities may contract with a manufacturer that is not a utility for furnishing the services or commodities described in Miss. Code Ann. §77-3-3(d)(i),(ii), and (iii) for use in manufacturing. Utilities described in Miss. Code Ann. §77-3-3(d)(i) may also contract with a customer that has a minimum yearly electric consumption of 2,500 megawatt-hours or greater for furnishing the services or commodities described in § 77-3-3(d)(i). Utilities described in Miss. Code Ann. §77-3-3(d)(ii) may also contract with a customer that has a minimum yearly consumption of 8.5 million cubic feet or greater of gas for furnishing the services or commodities described in §77-3-3(d)(ii). Except for contracts with manufacturers, these contracts shall be at least one (1) year in duration. The contracts provided for by this rule may be entered into without reference to the rates or other conditions which may be established or fixed pursuant to other provisions of Title 77, Chapter 3, Article 1 of the Mississippi Code. Provided, however, that, before becoming effective, any such contract shall be approved by order of the Commission.

Chapter 28 Rules Implementing the Mississippi Telephone Solicitation Act

Rule 28

[Repealed effective July 1, 2023]

Chapter 29 Integrated Resource Planning and Reporting Rule 29

39 Miss. Admin. Code Pt. 1, R. 100 Rule 100

Purpose The Integrated Resource Planning and Reporting (“IRP”) Rules set forth in Sections 104 through 106, infra, shall be used by jurisdictional investor-owned electric utilities regulated by the Mississippi Public Service Commission (“Commission”) in the development and reporting of long-term resource plans. The Rules set forth in Sections 107 through 109 shall apply to both electric and natural gas utilities as defined herein.

The IRP reporting requirements established in Section 102 and Sections 104 through 106 herein are intended to allow jurisdictional, investor-owned electric utilities the necessary flexibility to formulate plans that reflect their specific circumstances and best meet the needs of their customers, while providing a level of transparency that furthers the public policy goals of this Commission and the State of Mississippi. A comprehensive IRP should include an analysis of supply and demand-side resources, and consider transmission needs, in order to satisfy the utility’s load requirements while balancing costs, energy reliability and efficiency, environmental responsibility, risk mitigation and reasonably priced service for customers. Yet the process should remain flexible to account for changing conditions that affect the planning process.

An efficient delivery system is also integral to overall energy efficiency. For electric utilities, the energy grid is moving from what has historically involved primarily unidirectional energy flows into a more fully integrated energy network, where energy flows bi-directionally between retail customers and utilities. Delivery efficiency and maintaining adequate reliability potentially become more challenging and increasingly important as the system becomes more complex. For jurisdictional, investor-owned natural gas utilities, technology is also advancing in areas such as system integrity and energy efficiency. Consequently, all jurisdictional, rate-regulated gas and electric utilities shall report to the Commission annually, as described in Section 107 of this Rule, on their efforts to improve energy delivery, through modernization of existing infrastructure, improvements to lower energy delivery costs (e.g., by expanding access to

supply alternatives or relieving congestion in the delivery system), and/or through the expansion of energy delivery to additional customers.

39 Miss. Admin. Code Pt. 1, R. 101 Rule 101

Definitions 1. Demand-Side: a. Management – Activities or programs undertaken to influence the amount and timing of energy use. Note that the term “demand-side management” is often used in a general way to refer to all energy efficiency and load-management programs. For purposes of these Rules, Demand-Side Management includes energy conservation, energy efficiency, demand response, distributed energy resources, and strategic load growth as defined herein.

b. Measure – Any device, technology, or operating procedure that makes it possible to deliver an equivalent level and quality of energy service while permitting the customer to use less energy or peak demand than would otherwise be required.

c. Program – A collection of -Demand-Side Measures designed to operate as a single program, which serves to reduce a utility’s capacity or energy requirements.

d. Portfolio – The totality of a utility’s programs used to promote demand-side management.

2. Demand Response: Load management programs and/or practices that have the intended goal of reducing or shifting load from hours with high energy costs and/or reliability problems. Demand Response programs may include but are not limited to direct load control (such as air conditioners and water heaters), or incentive rates designed to induce lower energy use at times of high wholesale market prices or when system reliability is jeopardized.

3. Distributed Energy Resources (“DER”) A DER is a resource sited close to customers that can provide all or some of their immediate electric power needs and can also be used by the system to either reduce demand (such as energy efficiency) or provide supply to satisfy energy, capacity, or ancillary service needs of the distribution grid. The resources, if providing electricity or thermal energy, are small in scale, connected to the distribution system, and close to load. Examples of different types of DER include solar photovoltaic (PV), wind, combined heat and power (CHP), energy storage, demand response (DR), electric vehicles, microgrids, and energy efficiency (EE). For purposes of this Rule, DER also includes utility-owned or controlled equipment (i.e. physical assets) used to generate, adjust, store, or sometimes deliver energy performed by a variety of devices at the distribution system-level.

4. Energy Efficiency:

Reducing the rate at which energy is used by equipment and/or processes while maintaining or improving the customer’s existing level of comfort and end-use functionality. Such reductions may be achieved by substituting more advanced technology or by reorganizing the process to reduce waste, reduce waste cooling, or improve the thermal properties of a building. Energy efficiency also includes the reduction of energy through behavior-based programs that may reduce peak load but have little to no associated energy savings, typically known as demand response.

5. Integrated Resource Planning (“IRP”): A type of utility planning process that develops long-range resource plans by seeking to identify an optimal combination of resources (including traditional supply sources, emerging supply sources such as distributed energy resources, demand-side resources, energy efficiency, conservation, and possibly other options) to meet forecasted load requirements at the lowest reasonable total cost, subject to various objectives and constraints, including but not limited to reliability, planning, regulatory, environmental and operational requirements. The resource planning process should also define and assess various costs, benefits, and potential risks as they appear and are known in the market.

6. Planning Period/Horizon: The period for which resources must be planned to meet customer electric load requirements. The default planning period/horizon for the Integrated Resource Plan, described infra, is twenty (20) years.

7 Power Purchase: A transaction to purchase capacity and/or energy from another electric power supplier.

8. Stakeholders: Any interested party eligible to appear and/or intervene in Commission proceedings pursuant to Rule 6-121 of the Commission’s Public Utility Rules of Practice and Procedure.

9. Supply-side Resource: An electric generating unit, either owned or operated by the utility, or a capacity purchase. Capacity upgrades and retirements of existing supply-side resources are issues typically considered in a utility’s IRP.

10. Electric Utility: Any investor-owned utility furnishing electricity service within the State of Mississippi and subject to rate regulation by the Commission.

11. Gas Utility: Any investor-owned utility furnishing natural gas service to at least ten thousand (10,000) customers within the State of Mississippi and subject to rate regulation by the Commission.

39 Miss. Admin. Code Pt. 1, R. 102 Rule 102

Relationship of the Commission and Utilities to IRP The periodic filing by electric utilities of an IRP report provides transparency for the Commission, Mississippi ratepayers, and other interested stakeholders. IRP filing requirements do not change the fundamental regulatory relationship between the electric utilities and the Commission, or otherwise relieve such utilities from their statutory obligation to provide reasonably adequate service at just and reasonable rates. These obligations require that electric utilities maintain local control of their resource planning process and decision-making, because utilities are the entities that will be held accountable for their planning decisions by the Commission.

The IRP reporting requirements embodied in this Rule are not intended to drive any specific outcome or dictate any specific utility investment decisions. To that end, these IRP reporting requirements do not supplant or equate with a prudence determination or otherwise replace the Commission’s existing regulatory processes for petition and approval of requisite certificates of convenience and necessity for new resources. Consistency between an electric utility’s filed IRP and subsequent Commission proceedings will, however, be a factor for the Commission to consider in evaluating the prudence of utility investments, construction of infrastructure, and rate applications. Any changed circumstances that occur after the IRP has been developed and filed will also be considered in such proceedings.

39 Miss. Admin. Code Pt. 1, R. 103 Rule 103

Required Reports For electric utilities, the required reporting under this Rule shall be comprised of three separate components: (1) the Integrated Resource Plan; (2) the Mid-point Supply-side Update; and (3) the Annual Energy Delivery Plan. Gas utilities are only required to file the Annual Energy Delivery Plan.

39 Miss. Admin. Code Pt. 1, R. 104 Rule 104

Integrated Resource Plan The Integrated Resource Plan must contain the elements set forth below, and shall be filed by all regulated electric utilities in accordance with the time frame and deadlines established herein.

1. Statement of Objectives The electric utility shall clearly state and support the objectives for its IRP, which may include but are not limited to: reliable, adequate, and reasonably-priced service; economic efficiency; financial integrity of the utility; equal consideration of available and commercially-proven demand-side and supply-side resources; reasonable mitigation of potential risks; consideration of future environmental impacts and associated costs; and consistency with governmental regulations and policies. In meeting its defined objectives, the utility should put itself in a position to respond to reasonably anticipated economic conditions, technological advancements and changes, and customer demand for energy services. Any utility-specific objectives must comply with the Commission’s overall objective of ensuring transparent evaluation of a comprehensive set of potential resource options to determine a base or reference resource plan that offers the most economic and reliable combination of resources satisfying the forecasted load requirements.

2. Development of a Range of Demand Forecasts A forecast of peak load and energy requirements over a planning period/horizon of twenty (20) years shall be developed, and the amount of capacity required to serve those forecasted load requirements shall be determined, taking into consideration the electric utility’s reliability requirements, existing supply and demand-side resources, and any planned additions to and/or retirements of existing resources (both supply- side and demand side). A reasonable set of assumptions for econometric and/or end use variables should be considered in the development of a range of outcomes (futures) that complement the long-term forecasts of energy demand and energy consumption. A planning period/horizon of 20 years shall be used.

3. Identifying and Characterizing Supply-Side and Demand-Side Resources For purposes of the entire 20-year planning horizon, the electric utility should assess its supply-side and demand-side resources based on their cost effectiveness and considering both the utility's planning objectives and the Commission’s stated policy goals. For incremental capacity additions, reasonably useful, commercially-proven, and economic supply-side and demand-side resources that may be available to an electric utility should be considered, including but not limited to energy efficiency, demand response, and distributed energy resources (“DER”). The electric utility’s filed IRP Report should, at a minimum, include an evaluation and discussion of the following:

a. Existing Supply-Side Resources The electric utility shall identify, evaluate and discuss in its IRP Report all existing supply-side resources, including but not limited to:

i. Utility-owned generation – The utility shall include in this section an evaluation and discussion of any planned additions and/or retirements to legacy fleet.

ii. Energy-purchase transactions of any type, one year or longer in duration;

iii. Unsolicited written, term sheet offers for firm power of 50 MW or more, including analysis, determination of whether the offer was rejected and the reason for rejection;

iv. Sale transactions of any type, one year or longer in duration; v. Exchange energy; vi. Cogeneration; vii. Existing Utility-Owned Distributed Energy Resources;

viii. Interruptible capacity; ix. Pooling or coordination agreements that reduce resource requirements; and

x. Any other supply-side resources b. Existing Demand-Side Resources The electric utility shall identify, evaluate and discuss in its IRP Report all existing demand-side resources, including existing energy efficiency programs. This information and analysis should incorporate and reflect the information reported in the electric utility’s Annual Energy Delivery Plan, with any substantial variation or departure explained in writing.

c. Existing Transmission To the extent an electric utility utilizes transmission resources to meet or reduce its forecasted load requirements, the electric utility shall evaluate and discuss in its IRP Report the condition of its existing transmission system.

d. Viable Alternative Supply-Side Options A wide range of potentially viable supply-side resource alternatives, including renewable and non-renewable options and energy storage, shall be identified for further evaluation to meet the electric utility’s resource requirements.

e. Viable Alternative Demand-Side Options A wide range of potentially viable demand-side options, including but not limited to energy efficiency, shall be identified for further evaluation to meet the electric utility’s resource requirements.

f. Viable Alternative Transmission Options Any potentially viable transmission resources that may be utilized by an electric utility to meet or reduce its forecasted load requirements, shall be identified and discussed.

Identified resource additions should be analyzed to determine costs, effectiveness, and other attributes such as potential future emission control or allowance costs to the extent they are quantifiable. Resources that do not otherwise meet minimum criteria including cost-effectiveness, risk mitigation, reliability, environmental, and/or other governmental rules or policy should be eliminated from further consideration in the applicable planning cycle. A written explanation of such removal, including the basis therefore, shall be provided in the Integrated Resource Plan. To the extent circumstances change, resources may be reevaluated.

4. Development and Analysis of Multiple Resource Portfolios The Integrated Resource Plan shall be based on a planning process that identifies multiple potential resource portfolios using scenario planning and sensitivity analyses.

Each portfolio shall meet reliability criteria and objectives established in the planning process. The objective of scenario planning and sensitivity analysis is for the utility to evaluate the robustness of its resource plan(s) against potential futures by varying key uncertainties impacting the planning process. The sensitivity and scenario analyses utilized shall be described in the Integrated Resource Plan. Though other assumptions may be considered, the following are often evaluated in scenario and sensitivity analyses in utility IRP studies:

A. Fuel prices; B. Changes in load; C. Technology costs; D. Environmental regulations; E. Inflation; F. Capital costs; and G. Future O&M costs The portfolios identified should be compared based on the electric utility’s ability to meet its identified planning objectives across varying potential outcomes over the planning horizon, including but not limited to comparison of the net present values.

5. Action Plan The electric utility shall summarize the results of its resource portfolio evaluation in an action plan, if applicable, that identifies one or more preferred portfolios that provide long-range guidance for the Commission and represent potentially viable resource options in the future. The action plan is not necessarily a specific plan for near-term action, unless specifically identified within the Integrated Resource Plan. A utility’s action plan does not in any way relieve the utility of its statutory obligations concerning certificates of public convenience and necessity, prudency, or any other regulatory requirements.

39 Miss. Admin. Code Pt. 1, R. 105 Rule 105

IRP Schedule and Stakeholder Participation The following schedule is applicable to the Integrated Resource Plan reporting requirements set forth herein:

1. Within thirty (30) days of the Commission’s final approval of this Rule, each electric utility subject to the IRP provisions of this Rule shall file a “Notice of IRP Cycle” in a new Commission docket. The filing of such Notice shall initiate the IRP planning and reporting cycle described herein. Interested parties may move to intervene in a specific electric utility’s IRP docket in accordance with Rule 6-121 of the Commission Rules of Practice and Procedure. Interested parties may also proceed

with the execution of utility nondisclosure agreements in accordance with Section 108 of this Rule at any time after the filing of a Notice of IRP Cycle.

2. Within thirty (30) days of filing a Notice of IRP Cycle, each electric utility subject to the IRP provisions of this Rule shall notice and conduct an initial public workshop for interested parties to take place in the Commission’s hearing room in Jackson, Mississippi. The purpose of the initial workshop is for the electric utility and interested parties to exchange pertinent information concerning the IRP process, such as resource options, planning assumptions and inputs that may be used in the development of a utility’s Integrated Resource Plan. Any interested party that attends the public workshop may also provide written feedback to the electric utility and the Commission within twenty-five (25) days following the workshop.

3. No later than forty-five (45) days prior to an electric utility filing its Integrated Resource Plan, the electric utility shall notice and conduct a technical conference for those interested parties that have executed a nondisclosure agreement in accordance with Section 108 of this Rule. The technical conference shall also take place in the Commission’s hearing room in Jackson, Mississippi. The purpose of the technical conference is for the electric utility to provide an overview of the process, planning assumptions and inputs ultimately used to develop its Integrated Resource Plan, and to answer questions related thereto. Interested parties that participate in the technical conference may provide additional written feedback to the utility and the Commission within twenty-five (25) days following the technical conference.

4. Electric Utilities subject to the provisions of this Rule shall file their first Integrated Resource Plan in their respective IRP dockets no later than twelve (12) months after issuance of the Commission’s Final Order Approving this Rule. Each successive Integrated Resource Plan shall be filed in the same IRP docket no later than three (3) years thereafter. Each successive IRP cycle shall begin with the filing of a Notice of IRP Cycle and shall follow the schedule provided herein.

5. The filed Integrated Resource Plan shall include as a confidential appendix a set of work papers showing the key inputs used by the utility in developing the Plan. Interested parties may obtain copies of these work papers in accordance with the Confidentiality provisions of Section 108 of this Rule.

6. Within sixty (60) days of a utility filing its Integrated Resource Plan, any interested party may file comments addressing the Integrated Resource Plan. The Mississippi Public Utilities Staff (“Public Utilities Staff” or “Staff”) shall have eighty (80) days from the IRP filing date to file any comments on the Plan. Initial Data Requests may be served upon the utility within thirty (30) days of the utility filling its Integrated Resource Plan.

7. Utilities may provide a response to any such comments no later than one hundred (100) days after the filing of its Plan.

8. The Commission shall review the Integrated Resource Plan and note any deficiencies within one hundred twenty (120) days after its submittal by the utility. The Public Utilities Staff shall assist the Commission with its review. If the Staff believes the use of consultants is necessary or helpful in its review of any Integrated Resource Plan, the utility shall be required to pay for the cost of such consultants and allowed to recover said costs in rates.

9. The Commission may require the utility to re-evaluate and resubmit its Integrated Resource Plan for the current planning cycle to address any concerns raised in the comments or expressed by the Staff or Commission.

10. Absent deficiencies, the Integrated Resource Plan review is concluded one hundred twenty (120) days after submittal of the Integrated Resource Plan by the utility.

39 Miss. Admin. Code Pt. 1, R. 106 Rule 106

Mid-Point Supply-Side Update At approximately the mid-point of the electric utility's three-year planning cycle, regulated electric utilities shall file in their respective IRP dockets a written report describing any material changes to the Integrated Resource Plan, including material changes in economic assumptions (e.g., future natural gas price forecasts or alternative technology costs), environmental rules and regulations, regional transmission organization rules, or forecasted load requirements. Any previously undisclosed capacity needs that are identified in the Mid-Point Supply Side Update shall be supported by good cause explanation. In the event a Mid-Point Supply-Side Update identifies a previously undisclosed need for capacity in excess of 75 MW, then the Update shall also include a description of and timeline associated with the utility's plan to secure such resource. Any self-build option identified in the Mid-Point Supply-Side Update must be compared to other available market opportunities, which can be satisfied through a competitive solicitation for engineering, procurement, and construction services or long-term power purchase agreements. Submission of the Mid-Point Supply Side Update in no way affects or relieves a utility of its separate obligation to obtain regulatory approval for the acquisition of any resource(s) described therein.

107. Annual Energy Delivery Plan All regulated gas and electric utilities shall report to the Commission annually on their efforts to improve energy delivery, through modernization of existing infrastructure, improvements to lower energy delivery costs (e.g., by expanding access to supply alternatives or relieving congestion in the delivery system), and/or through expansion of energy delivery to additional customers.

Within sixty (60) days of the Commission’s final approval of this Rule, each utility subject to the provisions herein shall present for Commission approval a proposed plan or schedule according to which the utility will meet the reporting requirements of the Annual Energy Delivery Plan. At a minimum, the Annual Energy Delivery Plan shall include the information referenced in Subsections 1-6 below, and each utility’s Annual Energy Delivery Plan shall be reviewed by the Staff. If the Staff believes the use of consultants is necessary or helpful in its review of a utility’s Annual Energy Delivery

Plan, the utility shall be required to pay for the cost of such consultants and allowed to recover said costs in rates.

1. Demand Response and Energy Efficiency (“Demand-Side Management”) a. Design Electric and Gas Utilities regulated by the Commission shall implement a Demand Side Management (“DSM”) Portfolio for customers that is designed to achieve cost-effective energy and/or demand savings, considering factors such as: quantifiable and achievable savings, customer reliability benefits, cost effectiveness, rate impacts, and customer interest and participation potential. The Annual Energy Delivery Plan shall include a description of all programs in the DSM portfolio.

Well- designed DSM offerings provide opportunities for customers of all types to adopt energy efficiency and demand saving measures to increase control and provide greater opportunities to reduce their energy bills. For purposes of this rule, demand-side management includes energy conservation, energy efficiency, demand response, distributed energy resources, and strategic load growth as specifically defined herein.

Energy conservation and efficiency may include educating customers about practical tips and ideas to reduce energy usage (e.g., suggested winter and summer thermostat settings) and reducing the rate at which energy is used by equipment and/or processes while maintaining or improving the customer's existing level of comfort and end-use functionality. Such reductions in energy usage may be achieved, for example, by substituting more advanced technology or improving the thermal properties of a building. Energy conservation programs can be included in portfolios of energy efficiency plans.

Demand response offerings lower peak demand. Options may include direct load control efforts (e.g., via air conditioner cycling) and interruptible rates (providing rate discounts in exchange for the right to reduce a customer’s energy demand during a specified number of hours each year coinciding with high energy demand and/or emergency conditions). Distributed energy resources (e.g., energy storage) are another option.

Strategic load growth may benefit customers through increased use of utility services resulting in potentially decreased customer rates. Strategic load growth may occur as a result of new customers being added to the utility’s system (e.g., through economic development), or it may consist of growth in the loads of existing customers (e.g., electric vehicles or industrial electric process equipment that is more economical for a customer). The purpose of strategic load growth programs should be to incentivize the more efficient usage of utility infrastructure and resources. In order to ensure that strategic load growth programs are beneficial to all customers and do not conflict with

energy efficiency policies established in this Rule, any strategic load growth project or program shall require Commission approval.

Strategic load growth may also address the Commission’s statutory policy objective to foster, encourage, enable and facilitate economic development in the State, and to support and augment economic development activities, and to take every opportunity to advance the economic development of the State. This may include the encouragement of universal access to utility services through infrastructure expansion to areas that currently do not have such services.

b. Evaluation of Demand-Side Management Offerings Cost-effectiveness tests measure and value the benefits and costs of demand- side management investments relative to long-term supply options. Evaluation of cost-effectiveness is only one aspect of long-term integrated resource and energy delivery planning; enhancing reliability and managing potential risks must also be considered in the planning process.

Electric and Gas Utilities must demonstrate that they have evaluated the cost-effectiveness of their proposed demand-side management investments at a portfolio level using at least three industry-accepted tests, including the Total Resource Cost test and the Utility Cost Test, and provide results of the analysis within the Annual Energy Delivery Plan filing. The results of the analyses should also provide details on the reliability and risk impacts of the utility’s planned demand-side management investments.

Electric and Gas Utilities shall also include in their Annual Energy Delivery Plans the inputs and assumptions used in their cost-effectiveness analyses. The near-term and longer-term impacts on customers and on utility financial integrity must be factored into the final decision to proceed or not to proceed with any demand-side management investment.

c. Cost Recovery for Demand-Side Management The primary goal of demand-side management is to defer or avoid energy usage and for customers to achieve the concomitant savings without requiring them to involuntarily sacrifice comfort or reliability, or accept undue risks. Additionally, demand-side management can be useful in reducing customer demands which, in the long run, may reduce or delay investments in fixed costs needed to meet peak demands (e.g., generation, bulk transmission). Further goals include providing new and innovative options to customers to help meet their energy needs, mitigating environmental impacts, and fostering increased modernization of the energy grid. The Commission recognizes and accepts that this goal of avoiding energy usage, if not properly addressed, can be detrimental to utilities and their owners under traditional cost-of-service ratemaking, especially where utilities are adequately meeting their obligation of producing low-cost,

reliable energy services. For utilities operating under formulary rate plans, reduced revenues resulting from energy efficiency measures are already addressed in the existing plans. The Commission recognizes, further, that accomplishing the goals of demand-side management requires actions on the part of both the utility and its customers, which is different from actions associated with a utility adding a new supply resource. Therefore, utilities shall be allowed an opportunity to recover the reasonable and prudent costs incurred by them in making demand-side management investments, including, where applicable, an opportunity to earn a reasonable return thereon.

In its Energy Delivery Plan, each utility may propose an approach to earn a return on demand-side management investments in its Formula Rate Plan in order to place such investments on more equal footing with other supply-side resource and infrastructure investments on which utilities earn a return. Each year, the utility shall identify in its Energy Delivery Plan the specific demand-side management investments on which the utility seeks to earn a return as well as the specific demand-side management costs the utility intends to expense in the upcoming calendar year. The method reflected in the Energy Delivery Plan shall also be reflected in each utility’s annual Formula Rate Plan filing and subject to approval by the Commission as part of the annual Formula Rate Plan review.

Demand-side management investments may include, but are not limited to, equipment, incentives and rebates, marketing and delivery, direct installation costs (including plumbing installations), and any administration costs. Incentives may include information, technical assistance, leasing programs, product promotions and direct financial inducements. Financial inducements may include, but are not limited to, rebates, discounted products and services, appliances and alternative financing arrangements. Any financial inducements undertaken by a utility intended to be reflected in the utility’s rates, must be incorporated under and meet the cost effectiveness requirements described in this rule.

Utilities may also propose a mechanism to adjust budgets and cost recovery to respond to customer demand, to take advantage of market opportunities, to deal with oversubscriptions and to avoid stop-start funding.

Cost recovery should be addressed in each utility’s formula rate plan and demand-side management expenditures, including any prudently incurred over or under recovery of actual expenditures in an annual period, may be allowed in the formula rate plan test year.

Every three years, unless modified by the Commission, the Staff may review and comment on the cost recovery approach(es) utilized by each utility with respect to demand-side management investments and

expenditures.

Third-party evaluation, measurement and verification (“EM&V”) shall not be required where the utility offers to provide its analyses used in evaluating demand-side management investments to the Staff and any public witnesses in conjunction with the Evaluation of Demand-Side Management Offerings. Where a utility chooses not to make its analyses available, the utility shall contract with an independent third-party vendor to conduct EM&V, utilizing accepted industry standards, and shall file the report of the third- party vendor with the Commission. If Staff believes the use of consultants is necessary or helpful in its review of a utility’s EM&V analyses, the utility shall be required to pay for the cost of such consultants and allowed to recover said costs in rates.

2. Distributed Energy Resources (“DER”) Anticipated investments in DERs should be included as an appendix to the Annual Energy Delivery Plan developed by each utility. Recovery of demand-side management investments should be addressed in each utility’s formula rate plan as a known and measurable change.

All regulated electric utilities shall also include as an Appendix to their Annual Energy Delivery Plan the annual avoided cost calculations utilized in connection with the Mississippi Renewable Energy Net Metering Rule.

3. Transmission and Distribution Systems Each electric utility shall also include in its Annual Energy Delivery Plan a list of new transmission lines and other associated facilities which are under construction or for which there are specific plans to be constructed during the relevant planning horizon, including capacity and voltage levels, location, cost estimates and schedules for completion and operation, to the extent such have been developed. This includes reporting relevant collaborative transmission planning projects occurring within the context of any regional planning organization such as the Midcontinent Independent System Operator or the Southeastern Regional Transmission Planning group.

To the extent practical, the utility shall include similar information about its distribution plans. The utility shall also include a discussion of the adequacy of its transmission and distribution systems, including the reliability, resiliency and storm hardened condition of the transmission and distribution systems.

Reasonable and appropriate vegetation management is essential to ensuring the resilience, as well as protecting the safety, of the energy grid and related environment. Effective vegetation management, along with other grid resiliency measures, are important factors in the prevention of and recovery from electric system outages. The Commission, however, recognizes that factors outside the utility’s control, such as weather, can significantly impact the need to change vegetation spending from year- to-year. Similarly, federal mandates to address grid resiliency are also often outside

the utility’s control.

To allow utilities to effectively manage vegetation growth and to more quickly improve grid resiliency at the distribution level, the Commission shall allow utilities exact recovery of all such related contract work costs. Therefore, utilities may remove all vegetation management contract work costs and Commission-approved grid resiliency costs from base rates and reflect them through an alternative exact cost recovery mechanism. If a utility continues recovery in its Formula Rate Plan, such utility may defer and amortize such costs over five years with Commission approval.

Any such costs treated pursuant to this Section that are approved for alternative cost recovery shall be audited by the Staff in its review of the utility’s Annual Energy Delivery Plan. Every four years, unless modified by the Commission, the Staff shall review and comment on the vegetation management plans of each electric utility. If the Staff believes the use of a consultant is necessary or helpful in its review of a utility’s vegetation management plan, the utility may be required to pay for the cost of such consultant and to recover said costs in rates.

4. Customers In its Annual Energy Delivery Plan, the utility shall address how it proposes to reach low-income customers in relation to planned demand-side management and DER investments. The utility shall also address whether it proposes to provide demand- side management offerings directly or indirectly through financial support of programs for low-income households. To foster increased demand-side management and DER investments that will benefit low-income customers, the Commission shall exempt from the proscriptions set out in Chapter 22 of these Rules and allow recovery as cost of service of up to $350,000 per year of utility charitable contributions to non-affiliated organizations that directly aid low-income customers to foster increased access to demand-side management and DER options. To further workforce and economic development, utilities shall be allowed to recoup as cost of service an additional $350,000 per year of utility charitable contributions for STEM scholarships for minorities and scholarships for training in the utility industry and to non-profit and state or local governmental entities that provide early childhood education, workforce development, and career and technical training.

The Commission also recognizes that, for many customers, lacking access to affordable capital impedes adoption of demand-side management and DER. To encourage the development by utilities of tariffed on-bill offerings and on-bill financing options, any Commission-approved tariffed on-bill offering or on-bill financing program that focuses on demand-side management or DER

shall be exempt from Rule 8.125.2 of the Commission’s Rules and Regulations Governing Public Utility Service.

5. Enabling Technology The Commission recognizes that existing and emerging technologies and

Any such programs require and shall continue to require to separate Commission approval prior to implementation.

information, and the data such technologies provide, may enable more efficient, cost-effective, and reliable service. Increased broadband access and the security, storage, and use of data are two examples. The Commission recognizes the benefits of utilities accumulating, storing, and utilizing customer data to improve service, enhance reliability, and provide new and innovative offerings to customers, and therefore recognizes that customer data is affected with the public interest. Recognizing that customer data has inherent value and should be protected from public disclosure, public utilities are hereby entrusted as the custodians of customer data and should seek to capture that value for the benefit of customers as approved by the Commission. Utilities also must ensure that customer data is reasonably secure. Within the Annual Energy Delivery Plan filing, the utility shall set out its perspective on the availability and benefits of existing and emerging technology and how the utility is utilizing customer data as it relates to enhancing utility service.

While ensuring service at the lowest, reasonable cost is a hallmark of the Commission, the public interest is served by improving reliability (e.g., resiliency and storm recovery and hardening and grid modernization), promoting economic development (e.g., attracting businesses to locate or expand) and providing customer access to enhanced services (e.g., expanding natural gas service and new technologies to aid in providing public utility service). The Commission encourages utilities to make new investments that incorporate, in some measure, all three components.

To encourage investment of the type mentioned above and which are hereby deemed to promote the public interest, the Commission creates by operation of this Rule what shall be known as Enhanced Grid Investments (“EGI”). Utilities are authorized under this provision to make EGI up to $25 million annually. Anticipated EGI shall be designated as such in the Annual Energy Delivery Plan, and the Staff shall review EGI to confirm that the designated EGI is reasonably likely to improve reliability, promote economic development and improve customer access to modern service during the depreciable life of the investment. EGI implemented pursuant to this provision shall not require a facilities certificate, unless comprised of new generation and transmission. EGI investment shall be depreciated over the life of the asset but in no event sooner than 10 years from the in-service date. Nothing herein precludes a utility from proposing in its Annual Energy Delivery Plan additional investments supporting reliability, economic development or new technologies in excess of the amount described in this provision.

Expansion of fiber optic infrastructure is of particular importance to the Commission because such expansion is consistent with a number of policy drivers that underlie public utility regulation, including the availability of adequate and reliable service, continued service to customers consistent with the level of service needed to promote the public welfare, and with the authorization and empowerment provided by the Legislature to the Commission to take every opportunity to advance the economic development of the state. As with reliability benefits, the benefits of

fiber optic infrastructure – while real – are difficult to quantify. To allow utilities to more quickly modernize their services and communications through fiber infrastructure expansion, utilities that are rate regulated by the Commission may, on an annual basis, invest up to $10 million in fiber infrastructure (or other utility communication technology that could, as a secondary benefit, enable internet access) that extends to the utility’s customers’ premises. Such investment shall be recorded to a regulatory asset to be included in the utility’s rate base, subject to Commission approval in the utility’s annual formula rate plans, and shall be amortized over a period no longer than ten years. Because of the inherent, yet difficult to quantify benefits of such investments, no cost/benefit analysis shall be required.

This section shall be revisited five (5) years after the effective date of this Rule.

6. Annual Reporting Requirements Anticipated investments in demand-side management and DERs shall be included as Appendix A to the Annual Energy Delivery Plan developed by each utility in accordance with this Rule. This report also shall include:

a. The amounts actually invested in demand-side management and DER offerings for the prior year;

b. A measure of the savings resulting from demand-side management; and

c. A detailed description of any changes proposed to take place during the next year, along with rationale supporting such changes.

If Staff finds, after reviewing a utility’s Appendix A, that a demand-side performance measure is not sufficiently promoting adequate investment, then Staff may recommend that the Commission establish an individual savings target for the utility. The Commission may hear the matter after proper notice and issue an appropriate order.

108. Confidentiality The Commission recognizes that resource planning involves the use and analysis of confidential commercial and financial information and trade secrets. The protection of confidential information benefits utility customers by ensuring that the rates they pay are not unnecessarily increased due to the dissemination of market-sensitive data. Therefore, the public interest requires that confidential commercial and financial information and trade secrets of public utilities be protected to the full extent of the law.

Within thirty (30) days of the effective date of this Rule, each electric utility subject to the Rule shall submit to the Commission a non-disclosure agreement for the Commission to maintain on file. Any interested party may obtain a copy of the electric utility’s confidential IRP work papers upon filing with the Commission and serving upon the utility an executed copy of the relevant utility non-disclosure agreement. Interested

parties may execute such non-disclosure agreements at any time once an electric utility has filed its Notice of IRP Cycle, and are encouraged to do so in advance of the stakeholder technical conference(s) required by this Rule.

109. Waiver Exemptions from this Rule may be granted by the Commission in accordance with the Commission’s Rules of Practice and Procedure.

CHAPTER 30 HIRE MISSISSIPPI – RESIDENT CONTRACTOR UTILIZATION

39 Miss. Admin. Code Pt. 1, R. 100 Rule 100

Purpose Public utilities in Mississippi are capital intensive businesses that require millions of dollars of investment in capital and operations and maintenance costs each year to meet their obligation to serve Mississippi residents with essential services. These costs are then passed on to the utilities’ customers through their rates. For the purpose of promoting economic development, creating jobs, and improving the communities served by the utilities, the Commission urges utilities to maximize, consistent with law, the use of goods, products, and materials produced in the State of Mississippi. This rule shall serve as a tool to encourage and measure public utility utilization of Mississippi resident contractors, subcontractors, vendors and businesses. This rule is created to foster utility engagement with potential Mississippi suppliers and contractors, providing ways to inform Mississippi companies of business opportunities. However, this rule shall not be interpreted to supersede any state statute, and nothing in this rule shall be construed to prevent a utility from choosing the lowest and best bidder for any project or interfering with the mandate to serve the ratepayers or adequately respond to emergencies or support outages. This rule is promulgated pursuant to the authority of the Mississippi Public Service Commission (the “Commission”) under Miss. Code Ann. §§ 77-3-45 and 77-3-16. The purpose of this rule is to apply to new contracts and projects of the utilities, and the provisions of this rule shall not apply to existing contracts and/or projects for which the competitive solicitation process has been initiated before the effective date of this rule. 101 Definitions 1. Local Business Enterprise – A resident contractor determined by the utility to be qualified to furnish goods and services to the utility and placed on the utility’s “Hire Mississippi” list pursuant to Section 103 below. 2. Nonresident Contractor - A prime contractor or subcontractor, be they corporate, individual or partnership, domiciled or having its principal place of business in a location other than the State of Mississippi that wishes to enter into any agreement with the utility or prime contractor for any purpose covered by this rule. 2. Prime Contractor - Any party or person (who is not an employee of the utility or its affiliated or associated companies) who directly enters into any agreement with a utility for the furnishing of goods or services.

3. Resident Contractor – A prime contractor or subcontractor, be they corporate, individual, or partnership, domiciled or having its principal place of business in the State of Mississippi that wishes to enter into any agreement with the utility or prime contractor for any purpose covered by this rule. 4. Subcontractor - Any party or person, who is not an employee of the prime contractor or the utility, who directly enters into any agreement with a prime contractor: a. for the furnishing of goods or services; or b. under which any portion of the prime contractor’s obligation under any contracts with the utility is performed or undertaken. A subcontractor shall be treated as a prime contractor hereunder to the extent the subcontractor assumes any portion of the prime contractor’s obligation under any contracts with the utility. 5. Utility – Any public utility as defined in Miss. Code Ann. § 77-3-3(d)(i)-(ii) subject to rate regulations by the Mississippi Public Service Commission. 102 Resident Contractor Outreach and Assistance The utility shall actively seek out opportunities to identify and assist potential resident contractors in order to expand the utility’s contracting source pool within the state of Mississippi. The utility shall help enable contracting relationships with resident contractors by exercising reasonable efforts to explain utility qualification requirements, bid and contracting procedures, materials requirements, invoicing and payment schedules, and other procurement practices and procedures. The utility shall make available to resident contractors lists of contract categories which may best align with the resident contractor’s stated qualifications. The utility shall develop marketing program literature to provide to resident contractors and the business community summarizing its efforts pursuant to this rule. Such summaries shall state that the resident contractor will be furnished a complete copy of this rule upon request. Such summaries shall encourage the participation of resident contractors as prime contractors and subcontractors. The Commission also encourages the utilities to explore opportunities for outreach involving Mississippi’s institutions of higher education, community colleges, and other trade and technical schools to raise awareness of career opportunities in fields utilized by the public utility sector, with special emphasis on explanation of the contract bidding process. 103 “Hire Mississippi” List The utility shall maintain a “Hire Mississippi” list consisting of resident contractors determined by the utility to be qualified to furnish goods and services of the types described in Miss. Code Ann. § 77-3-16. At least every three (3) months, the utility shall publish in a newspaper in each county in the utility’s certificated area, a notice requesting names of qualified resident contractors. Special attention shall be paid to counties which have no daily local paper to make reasonable efforts to reach potential contractors through cost effective available avenues which may include without limitation electronic communications. A contractor wishing to be on the “Hire Mississippi” list may certify to the utility that is a “Resident Contractor” as defined in Section 101 above by any means the utility deems

reasonable. Upon such certification, the utility shall add said contractor to the “Hire Mississippi” list. To ease public access to information provided through this rule, the Commission may administer a “Hire Mississippi” web portal, accessible through its website that compiles, among other things, the “Hire Mississippi” lists of utilities subject to this rule, information regarding contracting requirements and procedures, notice of upcoming opportunities, and marketing literature. 104 Unbundling of Contract Goods and Services When efficient or cost-effective, the utility shall unbundle and separate scopes and specifications to accommodate the inclusion of resident contractors in sourcing activities. 105 Publication of Competitive Bidding In addition to the publication requirements of Section 103 above and Miss. Code Ann. § 77-3-16, the utility is encouraged to pursue any additional means of publication in trade journals, local newspapers, social media, or any other avenue available. Resident contractors who operate within the area in which the scope of goods or services will be performed under the applicable contracts and who furnish the goods and services sought, at a minimum of once per calendar year, shall be notified of any known upcoming bids for contracts containing scopes of goods or services furnished by the resident contractor via U.S. mail or electronic means, if available. No contract shall be awarded to any prime contractor without the utility first providing the prime contractor the utility’s “Hire Mississippi” list for consideration of awarding subcontracts arising out of the prime contract. 106 Applicability to Other Filings In any filing before the Commission requesting approval of a contract specified in Miss. Code Ann. § 77-3-16, the utility shall include all relevant information addressing compliance with this rule in the procurement process. In cases where nonresident contractors are used, the utility shall provide a brief explanation of why the nonresident contractor was chosen over a resident contractor. However, utility shall not be required to provide confidential competitive advantage or proprietary information in these disclosures. Such explanation shall not disclose the identity of the resident contractor not chosen or the nonresident contractor in order to not harm the reputation of the resident contractor. The Commission and/or the utility reserves the right to request such information be filed confidentially when deemed necessary to fulfill the goals of this Rule or to comply with contractual confidentiality obligations. 107 Resident Contractor Bid Feedback In any case in which a resident contractor is unsuccessful in a bid on a contract which is awarded to a nonresident contractor, the utility shall, at the request of any unsuccessful resident contractor bidder, and only after the contract has been executed, provide general, non-confidential information concerning the overall evaluation process between the resident contractor’s bid as contrasted with the successful bid. Information on additional selection criteria, such as warranty periods, maintenance costs, and delivery capability, shall be provided under confidentiality protections when requested if disclosure would not violate the proprietary nature of the specific contract element or otherwise violate contractual obligations of confidentiality. 108 Annual Report Requirements

On March 1 of each year, the utility shall file a report with the Commission addressing compliance with this rule. The report shall include relevant and material information from the prior year, including proofs of publication, a copy of the utility’s most recent “Hire Mississippi” list, a listing of all student outreach event opportunities afforded by the utility, and the number of bid feedback requests received pursuant to Section 107. Additionally, the utility shall report the total number of contracts awarded by the utility in the previous year pursuant to Miss. Code Ann. § 77-3-16, a breakdown of how many of those contracts were awarded to resident contractors and how many to nonresident contractors, and a brief description of each contract’s scope of work or supply. The report shall specify the percentage of that contractor’s employees that are Mississippi residents to the extent reported to the utility by the contractor. If within the reporting period seventy five percent (75%) of those employed pursuant to resident contractor contracts are Mississippi residents, the Commission shall award a certificate to the utility naming it a “Mississippi Champion.” The utilities shall also summarize any outreach efforts undertaken pursuant to Section 102 above, including the response to and perceived impact of such efforts. 109 Hearing on Annual Report Requirements Upon request of the utility or by order of the Commission, a public hearing for discussion of the annual report may be held after it has been issued by the utility. The public hearing should protect confidential information including but not limited to the identity of the contractors and costs. Notice shall be provided in a manner consistent with current Commission procedural rules. 110 Cost Recovery The utilities shall be allowed to recover all prudently incurred incremental costs associated with compliance with this rule.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

1. If a corporation, a copy of the corporate charter or its articles of incorporation as filed with the Secretary of State. If a partnership, a copy of any written partnership agreement.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

2. If a foreign corporation, a copy of its authority to do business in the State of Mississippi.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

3. A copy of any municipal franchise required by law.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

4. If a corporation, the names and addresses of its board of directors, officers and any person owning fifteen percent (15%) or more of its stock. If not a corporation, the names and address of all owners or partners.

2 5. An outline map of any area for which a certificate is requested using Mississippi Department of Transportation county maps to a scale of one-half inch to the mile.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

6. A full legal description of the proposed service area.

2 7. A map of sufficiently large scale to show boundaries of the proposed service area as well as relevant geographical features.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

8. A general description of new facilities.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

9. An itemized estimate of costs to the utility of all new investment.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

10. A listing of all sources of funding.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

11. An estimate of the impact of the cost of facilities upon rate base and rates. This item shall not apply to public utilities excluded from rate regulation pursuant to Miss. Code Ann. §77-3-1 or 77-3-5 or to public utilities heretofore or hereafter exempt by Commission order from rate base regulation or to public utilities whose rates are allowed, by Commission order, to be filed for informational purposes only.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

12. The number of assured and prospective customers in (a) the new area; and (b) the existing certificated area. 2 13. A complete set of engineering plans and specifications.

APPENDIX “A” CERTIFICATE PROCEEDINGS SCHEDULE 1 (continued) CERTIFICATES TO OPERATE/ALL UTILITIES No. Copies Required, Including Original

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

14. A copy of any required approvals from Health or Environmental Quality authorities.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

15. An exhibit listing the names and addresses of all interested persons as defined in RP 2.115 herein together with a certificate that the filing utility has served a notice of the filing upon each.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

16. A copy of all testimony to be relied upon at hearing.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

17. A copy of the current balance sheet and income statement.

APPENDIX “A” CERTIFICATE PROCEEDINGS SCHEDULE 2 AREA CERTIFICATES/ALL UTILITIES

No.Copies Required, Including Original

In addition to the original and twelve (12) copies of the petition, the following items are required:

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

1. If the utility has made any revisions to its corporate charter or its articles of incorporation since receiving its initial authority to operate, provide a copy of said revisions. If a partnership, provide a copy of any revision to the original partnership agreement. If there have been no changes, provide the docket number of the proceeding in which the company received its initial authority to operate.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

2. If a corporation, the names and addresses of its board of directors, officers and any person owning fifteen percent (15%) or more of its stock. If not a corporation, the names and addresses of all owners or partners.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

3. An outline map using Mississippi Department of Transportation county maps to a scale of one-half inch to the mile showing the existing certificated area as well as the proposed additional area. 13 4. A full legal description of the new area.

2 5. A map of sufficiently large scale to show boundaries of the proposed service area as well as relevant geographical features.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

6. A general description of new facilities.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

7. An itemized estimate of costs to the utility of all new investment.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

8. A listing of all sources of funding.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

9. An estimate of the impact of the cost of facilities upon rate base and rates. This item shall not apply to public utilities excluded from rate regulation pursuant to Miss. Code Ann. §77-3-1 or §77-3-5 or to public utilities heretofore or hereafter exempt by Commission order from rate base regulation or to public utilities whose rates are allowed, by Commission order, to be filed for informational purposes only.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

10. The number of assured and prospective customers in (a) the new area; and (b) the existing certificated area.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

11. A complete set of engineering plans and specifications.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

12. A copy of any required approvals from Health or Environmental Quality authorities.

APPENDIX “A” CERTIFICATE PROCEEDINGS SCHEDULE 2 (continued) AREA CERTIFICATES/ALL UTILITIES

No.Copies Required, Including Original

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

13. An exhibit listing the names and addresses of all interested persons as defined in RP 2.115 herein together with a certificate that the filing utility has served a notice of the filing upon each.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

14. A copy of all testimony to be relied upon at hearing.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

15. A copy of the current balance sheet and income statement.

APPENDIX “A” CERTIFICATE PROCEEDINGS SCHEDULE 3 FACILITIES CERTIFICATES/ALL UTILITIES

No. Copies Required, Including Original

In addition to the original and twelve (12) copies of the petition, the following items are required: 13 1. If the utility has made any revisions to its corporate charter or its articles of incorporation since receiving its initial authority to operate, provide a copy of said revisions. If a partnership, provide a copy of any revision to the original partnership agreement. If there have been no changes, provide the docket number of the proceeding in which the company received its initial authority to operate.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

2. If a corporation, the names and addresses of its board of directors, officers and any person owning fifteen percent (15%) or more of its stock. If not a corporation, the names and addresses of all owners or partners.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

3. An outline map of the utility's existing certificated area showing the location of the proposed new facilities.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

4. A detailed description of the facilities proposed.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

5. A copy of any required approvals from Health or Environmental Quality authorities. 13 6. An estimate of the cost to the utility and all sources of funding for the project. 13 7. A complete set of engineering plans and specifications.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

8. An estimate of the impact of the cost of facilities upon rate base and rates. This item shall not apply to public utilities excluded from rate regulation pursuant to Miss. Code Ann. §77-3-1 or §77-3-5 or to public utilities heretofore or hereafter exempt by Commission order from rate base regulation or to public utilities whose rates are allowed, by Commission order, to be filed for informational purposes only.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

9. An exhibit listing the names and addresses of all interested persons as defined in RP 2.115 herein together with a certificate that the filing utility has served a notice of the filing upon each. 13 10. All testimony to be relied upon at the hearing. 13 11. A copy of the current balance sheet and income statement.

APPENDIX “A” CERTIFICATE PROCEEDINGS SCHEDULE 4 NOTICE TO STAFF/ALL UTILITIES

No. Copies Required, Including Original

In addition to the original and three (3) copies of the notice, the following items are required:

4 1. A general description of the facility or purchase proposed including:

(a) The approximate location of the facility. (b) The approximate cost of the facility.

(c) A brief description of the purpose or justification for the facility.

(c) A sketch or engineering drawing.

(d) The name, address and telephone number of the utility's employee responsible for the construction or acquisition of the facility and from whom further information may be obtained regarding the facility.

(f) A copy of any required approvals from Health or Environmental Quality authorities.

APPENDIX “B” SALE OR TRANSFER PROCEEDINGS SCHEDULE 1 APPLICABLE TO ALL UTILITIES No. Copies Required, Including Original In addition to the original and twelve (12) copies of the petition, the following items are required: 13 1. For each party to the transaction, a copy of its corporate charter or articles of incorporation or, if a partnership, a copy of any written partnership agreement.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

2. If a party to the transaction is a foreign corporation, a copy of its authority to do business in the State of Mississippi.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

3. For each party to the transaction, the names and addresses of its board of directors, officers and any person owning fifteen percent (15%) or more of its stock. If not a corporation, the names and addresses of all owners or partners.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

4. A copy of any and all written agreements concerning the proposed sale or transfer.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

5. If any acquisition adjustment to rate base or expenses is sought, all supporting documentation, and legal authority, together with the details of all accounting adjustments proposed to be made.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

6. A list of any other Mississippi utility operations owned, directly or indirectly, by either party.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

7. For each party to the transaction, a balance sheet for the most recent month available which shall be not less than nine months prior to the filing date.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

8. For each party to the transaction, an operating statement of revenues and expenses for the twelve months ending as of the date of the balance sheet.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

9. An exhibit listing the names and addresses of all interested persons as defined in RP 2.115 herein together with a certificate that the filing utility has served a notice of the filing upon each.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

10. In the case of a partial transfer or sale, the legal description of the certificated area being transferred and a reference to the orders or certificates granting said area to the transferring utility.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

11. All testimony to be relied upon at hearing.

APPENDIX “C” RATE PROCEEDINGS SCHEDULE 1 STANDARD FILINGS/ALL UTILITIES

No. Copies Required, Including Original In addition to the original and twelve (12) copies of the petition, the following items are required:

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

1. All direct testimony to be relied upon including a statement of the proposed changes and the reasons for the changes.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

2. Schedule of present rates, fares, tolls, charges or rentals in effect and the changes proposed to be made.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

3. Sample tariffs implementing the changes. Proposed deletions to current tariff shall be shown by striking over such. Additions or amendments to existing tariff shall be underlined.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

4. Balance-sheet for the most recent month available which shall be not later than nine months prior to the filing date. For multi-state utilities, the balance sheet shall be for the company as a whole plus a balance sheet for Mississippi operations and a summary of the basis on which the estimate was prepared.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

5. Operating statement of revenues and expenses for twelve months ending as of the date of the balance sheet.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

6. Proforma operating statement in the same form as the actual operating statement beginning with the effective date of the proposed changes (a) without giving effect to changed rates (b) giving effect to changed rates.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

7. Statement showing (a) number of current customers by classes affected by the proposed changes (b) the actual revenue under the old rates arising from each class and (c) the annual amount of the proposed increase or decrease applicable to each class.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

8. As to public utilities described in Miss. Code Ann. §77-3-3 (d)(iv), description of the utility’s property, including a statement of the original cost and the cost to the utility. Provide a listing of all depreciable assets by applicable account number:

9. Description of Asset; 2. In Service Date; 3. Original cost of asset to the utility; 4. Life of Asset; 5. Depreciation accrued to date.

APPENDIX “C” RATE PROCEEDINGS SCHEDULE 1 (continued) STANDARD FILINGS/ALL UTILITIES

No. Copies Required, Including Original

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

9. Statement showing the utility’s calculation of jurisdictional rate base including, if applicable, gross plant, accumulated depreciation, working capital, material and supplies, other properties and assets, accumulated deferred income taxes, customer deposits and investment tax credits.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

10. Statement showing utility’s calculation of return on rate base with and without the proposed increase.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

11. Federal Income tax returns and State Income tax returns, with all required attachments and schedules, for prior three years. If a consolidated return, the portion applicable to Mississippi.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

12. Copy of notice to customers sent pursuant to RP 9.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

13. (if corporation) Copy of charter or articles or incorporation.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

14. (if corporation) The amount and kinds of stock authorized, issued and outstanding.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

15. (if corporation) The number and amount of bonds authorized and the number and amount issued.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

16. (if corporation) The rate and amount of dividends paid during the five previous fiscal years and the amount of capital stock on which dividends were paid each year.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

17. (if corporation) An analysis of the surplus covering the period from the close of the last calendar year for which an annual report has been filed with the Commission to the date of the balance sheet attached to the notice.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

18. An exhibit listing the names and addresses of all interested persons as defined in RP 2.115 herein together with a certificate that the filing utility has served a notice of the filing upon each.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

19. The provisions of items 4, 5, 6, 9, 10 and 17 shall not be applicable to public utilities heretofore or hereafter exempt by Commission order from rate base regulation.

APPENDIX “C” RATE PROCEEDINGS SCHEDULE 2 MAJOR FILINGS/ALL UTILITIES

No. Copies Required, Including Original

In addition to the original and twelve (12) copies of the petition, the following items are required:

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

1. All direct testimony to be relied upon including a statement of the proposed changes and the reasons for the changes.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

2. Schedule of present rates, fares, tolls, charges or rentals in effect and the changes proposed to be made.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

3. Sample tariffs implementing the changes. Proposed deletions to current tariff shall be shown by striking over such. Additions or amendments to existing tariff shall be underlined.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

4. Balance sheet for the most recent month available which shall be not later than nine months prior to the filing date. For multi-state utilities, the balance sheet shall be for the company as a whole plus an estimated balance sheet for Mississippi operations and a summary of the basis on which the estimate was prepared.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

5. Operating statement of revenues and expenses for twelve months ending as of the date of the balance sheet.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

6. Proforma operating statement in the same form as the actual operating statement beginning with the effective date of the proposed changes (a) without giving effect to changed rates (b) giving effect to changed rates.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

7. Proforma operating statement in the same form as the actual operating statement for the same period giving effect to the proposed changes in rates and adjusted for known changes in the cost of operations.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

8. Statement showing (a) number of current customers as of the date of filing the notice of intent by classes affected by the proposed changes (b) the actual revenue under the old rates arising from each class and (c) the annual amount of the proposed increase or decrease applicable to each class.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

9. Statement showing the utility's calculation of jurisdictional rate base including, if applicable, gross plant, accumulated depreciation, working capital, material and supplies, other properties and assets, accumulated deferred income taxes, customer deposits and investment tax credits.

APPENDIX “C” RATE PROCEEDINGS SCHEDULE 2 (continued) MAJOR FILINGS/ALL UTILITIES

No. Copies Required, Including Original

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

10. Statement showing utility's calculation of return on rate base with and without the proposed increase.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

11. Federal Income tax returns and State Income tax returns, with all required attachments and schedules, for prior three years. If a consolidated return, the portion applicable to Mississippi.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

12. Copy of notice to customers sent pursuant to RP 9.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

13. (if corporation) Copy of charter or articles or incorporation.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

14. (if corporation) The amount and kinds of stock authorized, issued and outstanding.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

15. (if corporation) The number and amount of bonds authorized and the number and amount issued.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

16. (if corporation) The rate and amount of dividends paid during the five previous fiscal years and the amount of capital stock on which dividends were paid each year.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

17. (if corporation) An analysis of the surplus covering the period from the close of the last calendar year for which an annual report has been filed with the Commission to the date of the balance sheet attached to the notice.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

18. An exhibit listing the names and addresses of all interested persons as defined in RP 2.115 herein together with a certificate that the filing utility has served a notice of the filing upon each.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

19. The year of the last authorized major rate increase, amount of the increase and the docket number of the proceeding.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

20. The provisions of items 4, 5, 6, 7, 9, 10 and 17 shall not be applicable to public utilities heretofore or hereafter exempt by Commission order from rate base regulation.

d and APPENDIX “C” RATE PROCEEDINGS SCHEDULE 3 MAJOR FILINGS OF $15 MILLION OR MORE/ALL UTILITIES

No. Copies Required, Including Original

In addition to the original and twelve (12) copies of the petition, the following items are required:

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

1. All direct testimony to be relied upon including a statement of the proposed changes and the reasons for the changes.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

2. Schedule of present rates, fares, tolls, charges or rentals in effect, and the changes proposed to be made.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

3. Sample tariffs implementing the changes. Proposed deletions to current tariff shall be shown by striking over such. Additions or amendments to existing tariff shall be underlined.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

4. Balance sheet for the most recent month available which shall be not later than nine months prior to the filing date. For multi-state utilities, the balance sheet shall be for the company as a whole plus an estimated balance sheet for Mississippi operations and a summary of the basis on which the estimate was prepared.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

5. Operating statement of revenues and expenses for twelve months ending as of the date of the balance sheet.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

6. Proforma operating statement in the same form as the actual operating statement beginning with the effective date of the proposed changes (a) without giving effect to changed rates (b) giving effect to changed rates.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

7. Proforma operating statement in the same form as the actual operating statement for the same period giving affect to the proposed changes in rates and adjusted for known changes in the cost of operations.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

8. Statement showing (a) number of current customers as of the date of filing notice of intent by classes affected by the proposed changes (b) the actual revenue under the old rates arising from each class and (c) the annual amount of the proposed increase or decrease applicable to each class.

APPENDIX “C” RATE PROCEEDINGS SCHEDULE 3 MAJOR FILINGS OF $15 MILLION OR MORE/ALL UTILITIES (continued)

No. Copies Required, Including Original

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

9. Statement showing the utility's calculation of jurisdictional rate base including, if applicable, gross plant, accumulated depreciation, working capital, material and supplies, other properties and assets, accumulated deferred income taxes, customer deposits and investment tax credits.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

10 Statement showing utility’s calculation of return on rate base with and without the proposed increase.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

11. Federal Income tax returns and State Income tax returns, with all required attachments and schedules, for prior three years. If a consolidated return, the portion applicable to Mississippi.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

12. Copy of notice to customers sent pursuant to RP 9.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

13. Copy of charter or articles of incorporation.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

14. The amount and kinds of stock authorized, issued and outstanding.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

15. The number and amount of bonds authorized and the number and amount issued.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

16. The rate and amount of dividends paid during the five previous fiscal years and the amount of capital stock on which dividends were paid each year.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

17. An analysis of the surplus covering the period from the close of the last calendar year for which an annual report has been filed with the Commission to the date of the balance sheet attached to the notice.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

18. Guidelines or directives to the public utility’s presentation provided by a controlling affiliate, parent or holding company.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

19. Marginal cost data.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

20. Alternative rate design.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

21. Conservation effectiveness.

APPENDIX “C” RATE PROCEEDINGS SCHEDULE 3 MAJOR FILINGS OF $15 MILLION OR MORE/ALL UTILITIES (continued)

No. Copies Required, Including Original

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

22. A properly prepared, complete, detailed lead/lag study for the test year for the total company, Mississippi retail, other retail jurisdictions, and Federal Energy Regulatory Commission wholesale rates (if applicable) in support of the public utility’s total working capital requirements contained therein, including all working papers in support thereof.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

23. An exhibit listing the names and addresses of all interested persons as defined in RP 2.115 herein together with a certificate that the filing utility has served a notice of the filing upon each.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

24. The year of the last authorized major rate increase, amount of the increase and the docket number of the proceeding.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

25. The provisions of items 4, 5, 6, 7, 9, 10, 17 and 21 shall not be applicable to public utilities heretofore or hereafter exempt by Commission order from rate base regulation.

APPENDIX “C” RATE PROCEEDINGS SCHEDULE 4 INITIAL FILINGS/ALL UTILITIES

No. Copies

Required, Including Original

In addition to the original and twelve (12) copies of the petition, the following items are required:

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

1. All direct testimony to be relied upon.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

2. Sample tariffs implementing the filing.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

3. Balance sheet for the most recent month available which shall be not later than nine months prior to the filing date. For multi-state utilities, the balance sheet shall be for the company as a whole plus an estimated balance sheet for Mississippi operations and a summary of the basis on which the estimate was prepared.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

4. Operating statement of revenues and expenses for twelve months ending as of the date of the balance sheet.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

5. Proforma operating statement in the same form as the actual operating statement beginning with the proposed effective date of the tariffs.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

6. A statement showing the number of current customers by classes and anticipated to be served during the test year and the anticipated revenues from them.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

7. A description of the utility's property, including a statement of the original cost and the cost to the utility.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

8. A statement showing the utility's calculation of jurisdictional rate base including, if applicable, gross plant, accumulated depreciation, working capital, material and supplies, other properties and assets, accumulated deferred income taxes, customer deposits and investment tax credits.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

9. A statement showing utility's calculation of return on rate base for the proforma year.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

10. Federal income tax returns and State income tax returns, with all required attachments and schedules, for prior three years.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

11. (if corporation) Copy of charter or articles or incorporation.

APPENDIX “C” RATE PROCEEDINGS SCHEDULE 4 (continued) INITIAL FILINGS/ALL UTILITIES

No. Copies

Required, Including Original

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

12. (if corporation) The amount and kinds of stock authorized, issued and outstanding.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

13. (if corporation) The number and amount of bonds authorized and the number and amount issued.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

14. (if corporation) The rate and amount of dividends paid during the five previous fiscal years and the amount of capital stock on which dividends were paid each year.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

15. (if corporation) An analysis of the surplus covering the period from the close of the last calendar year for which an annual report has been filed with the Commission to the date of the balance sheet attached to the notice.

39 Miss. Admin. Code Pt. 1, R. 13 Rule 13

16. An exhibit listing the names and addresses of all interested persons as defined in RP 2.115 herein together with a certificate that the filing utility has served a notice of the filing upon each.

APPENDIX “C” RATE PROCEEDINGS SCHEDULE 5 ROUTINE FILINGS/TELECOMMUNICATION PROVIDERS ONLY

No. Copies

Required, Including Original

In addition to the original and nine (9) copies of the petition, the following items are required:

9 1. A clear, concise and nontechnical description of the nature of the service or change proposed.

9 2. A statement of the reasons or the justification therefore.

9 3. Sufficient information to allow the determination of the approximate size of the revenue adjustment proposed.

9 4. Sample tariffs implementing the filing.

APPENDIX “D” RATE PROCEEDINGS FORM 1 STANDARD FILINGS/ALL UTILITIES

BEFORE THE MISSISSIPPI PUBLIC SERVICE COMMISSION

Docket #_______________ RE: NOTICE OF__________________ UTILITY COMPANY OF INTENT TO INCREASE RATES FOR _______________ SERVICE IN ITS CERTIFICATED AREA IN ______________COUNTY, MISSISSIPPI

RP 9 DESIGNATION: PETITIONER DESIGNATES THIS FILING AS A _______________________________ FILING UNDER RP 9

PROPOSED EFFECTIVE DATE: _______________________ PROPOSED TEST YEAR: _______________________

NOTICE OF INTENT TO CHANGE RATES

Comes Now, _______________________________ Utility company, by and through its ________________________________________________ , hereinafter referred to as Petitioner, and pursuant to Miss. Code Ann. §77-3-37 gives notice of its intent to change rates and tariffs for the rendition of __________________service to its customers and would show as follows, to-wit:

I.

Petitioner is a public utility as defined in Miss. Code Ann. §77-3-3 and is engaged in the business of providing ___service to and for the public for compensation in ______________ County, Mississippi, having its principal place of business at. Petitioner's mailing address is ___________________________________.

II. Petitioner is the holder of a Certificate of Public Convenience and Necessity authorizing its operations in a specified area of ____________ County, Mississippi, and is rendering service in accordance with its service rules and regulations and in accordance with a schedule of rates and charges, both of which are a part of its tariff that has been previously approved by order of this Commission.

III.

Petitioner proposes to make changes in its rates, presently on file with the Commission, effective for services rendered on and after such date.

IV.

Petitioner would show that it has carefully reviewed its operating methods and has taken all feasible steps to reduce normal monthly overhead and operating costs and believes that it is operating and maintaining its system in an economical manner. Petitioner would show that the changes in rates and tariffs noticed herein are required and necessary in order to meet customer requirements and to provide adequate return on the reasonable value of the property used and useful in furnishing service.

V. Petitioner proposes herewith a tabulation of revised rates applying to its certificated area in ___________ County, Mississippi, and respectfully requests that such increased rates be received and approved in accordance with all applicable provisions of law and all Commission regulations. Subsequent to the final adjudication of these proceedings, Petitioner will furnish and file appropriate revised tariffs in order that updated tariffs will be continuously available to its customers and the Commission. VI. In support of this notice, petitioner files herewith the following data and documentation in accordance with the requirements of Commission RP 9: Exhibit# Description (Insert description of documentation from appropriate appendix and schedule.)

Wherefore, Petitioner asks that this, its notice, be received and filed and that the proposed rates set forth herein be recognized as the authorized rates to be charged for _____________ service to its customers on and after ______________________________.

Respectfully submitted this the _______ day of ______________________, 20. _______________________________________________ (Petitioner)

BY: _______________________________________________

STATE OF MISSISSIPPI

COUNTY OF ______________________

Personally appeared before me, the undersigned authority, who, after first being duly sworn, deposes and says that he has filed the above and foregoing for and on behalf of utility, that he is fully authorized to do so, and that the statements contained in the notice filing and exhibits thereto are true and correct to the best of his knowledge, information and belief.

Sworn to before me on this the ______ day of ____________________, 20.

_______________________________________________ Notary Public

My Commission Expires:____________________________

APPENDIX “E” PURCHASED POWER

No. Copies

Required, Including Original

The original and twelve (12) copies of the report, as required in RP 25, shall be filed with the Commission, which report shall include the following information:

39 Miss. Admin. Code Pt. 1, R. 12 Rule 12

1. The name and address of the seller(s).

39 Miss. Admin. Code Pt. 1, R. 12 Rule 12

2. The identity of the generating unit(s) out of which the capacity will be delivered, if a specific unit is designated.

39 Miss. Admin. Code Pt. 1, R. 12 Rule 12

3. The terms and conditions of the purchase.

39 Miss. Admin. Code Pt. 1, R. 12 Rule 12

4. The portions of the purchase cost which shall be designated as capacity related and energy related.

39 Miss. Admin. Code Pt. 1, R. 12 Rule 12

5. A statement with supporting documentation as to why the purchase is in the best interest of the utility and its retail customers.

39 Miss. Admin. Code Pt. 1, R. 12 Rule 12

6. The rate of return sought.

39 Miss. Admin. Code Pt. 1, R. 12 Rule 12

7. An effective date, not less than thirty (30) days after the date that the utility files its report.

INDEX Page Page

Accounts 62 Addresses Electronic/Mailing

Of Commission 13 Of Staff 14 Advertising Expenses 68 Amendment of Rules 2 Amendment to Filings 28 Annual Reporting 29, 62 Appeals 61 Appendices 97-117 Applicability 1 Application Filings Content of 46 Notice Requirement 46 Attorneys Admitted to Practice 24 Not Admitted to Practice 25 Briefs Of Position 60 On Motions 50 Burden of Proof 58 Certificate Area 31 Facilities 32 Of Service 22, 26, 40, 45 Temporary Operations 34 To Operate 31 Charitable Contributions 72 Citation Form of 2 Comments, Request for 53 Complaint Proceedings Answer of 48 Dismissal of 49 Form of 47 Formal 47 Procedures 48 Informal 47 Confidential Documents 10, 12, 19-22 Consolidation 29 Copies 16 Court Reporter 60 Data Requests and Responses

Compelling Responses 27 Objecting to Data Requests

Production of Documents 26 Responding to 26 Declaratory Opinions 81-86 Form of 83 Indexing 29 Procedures 85 Default 61 Defective Pleading 19 Definitions Act 3 Appearance 3 Applicant 3 Certificate 3 Commission 3 Commission Attorney 3 Commission Staff 3 Complainant 3 Customer 3 Declaratory Opinion 3 Electronic Document 3 Executive Director 3 Executive Secretary 3 Filing 4 Filing Utility 3 Interested Persons 4 Order 4 Party 4 Person 4 Petitioner 5 Provision of Law or Law 5

Public Witness 5 Respondent 5 Rule-Making 5 Service or Served 5 Staff 5 Staff Attorney 5 Transcript 5 Utility Attorneys 5 Utility 5 Verify 5 Written 5 Depositions 24 Deviation 1 Discontinuance of Service 73-81 Dismissal of Proceedings Voluntary 28 Involuntary 28 Inactive Dockets 28 Docket Electronic 19 Number, Receipt of 16 Duties Of Commission 6 Of Staff 7 Effective Date Of Rules 1 Of Rates 41 Evidence Documentary 56 Exhibits 57 Late Filed 58 Official Notice 57 Objections 57 Rules of 56 Ex Parte Communications 15 Executive Secretary 14 Facsimile Of Commission 13 Of Staff 14 Filing of Documents At Hearing 56 Completion of 17 Confidential/Exempt 19-22 Costs 29 Hours of 17 Methods of 16, 18 Number Required 16 Requirements 16-19 Specifications 19 Foreign Corporation 23 Fuel Adjustment Clause 63-65 Fuel Procurement 67 Hearings 34, 55, 58 Identification Number (Utility)

Intervention Late 25 Objection 25 Procedures 25 Jurisdiction, Continuing 24 Late Pleadings 19 Liberal Construction 1 Maps, Filing of 19 Meetings Regular 14 Special 15 Motion Practice Denial of 50 Grant of 50 To Compel 27 Form of 50 Hearings 50 Notice of 50 Opposition to 50 No Call 92-96 Offices Of Commission 13 Of Staff 14 Official Notice 57 Operating Expenses 71 Oral Argument 60 Orders Issuance of 23 Indexing of 29 Final 59 Service of 29, 61 Show Cause 55 Organization Of Commission 6 Of Staff 7

Plans & Specifications, Filing of

Prefiled Testimony 40, 57, 98, 100, 101, 103, 104, 106, 108

Prehearing Conferences Duties of Parties 51 Expert Witnesses 52 Notice of 51 Procedures 51 Stipulations 51 Prior Rules 1 Process Deposit 24 Issuance of 23 Service of 24 Protective Agreements 22 Public Access Information 8 Computers 13 Public Proceedings Abbreviated Proceedings 55 Notice of 54 Open To Public 55 Procedures 58-61 Public Records Charges 9, 11 Denials 10, 11 Exempt Documents 10, 12 Formal Requests 9, 11 Informal Requests 9, 11 Records of Commission 9 Records of Staff 11 Public Witness 26 Purchased Gas Adjustment

Quorum 14 Rate Base 70 Rate of Return 71 Rate Proceedings Deficient Filings 41 Effective Date 41, 42 Initial Rate Filings 39 Major Changes in Rates 39 Miscellaneous Filings 39 Notice Required 40 Routine Rate Filings 38 Standard Rate Filings 38 Suspension of Proposed Rates

Temporary Rate Filings 39 Test Period 41 Record Hearing 60 Commission 60 Rehearing 61 Rejection of Filing 16 Return on Purchased Power Capacity 87-88 Rule-Making Docket 89 Proceedings 89 Record 89 Sale or Transfer Proceedings

Sanctions 19 Scheduling Order 30 Service of Documents 22, 23, 26 Severability 2 Signature, Required 18, 41 Similar Interests 59 Special Contracts 91 Statements of Positions 59 Statutory Terms Control 1 Stay 61 Stipulations 58 Subpoena(s) Duces Tecum 24 Tariffs Compliance Tariff 44 Contents 43 Electronic Filing 42 Form of 42 Opposition to 44 Service Extension Policy 44 Special Provisions 44 Staff Review 44 Temporary Protective Orders

Time, Computation of 28 Trade Secrets 20 Transcripts 29, 60 User’s Guide 17 Waiver 1

Part 2 Mississippi Ratepayer's Bull of Rights

39 Miss. Admin. Code Pt. 2 Mississippi Ratepayer's Bull of Rights

1 Mississippi Ratepayers’ Bill of Rights

The following Rights are available to all residential utility customers in the State of Mississippi under the provisions of the Mississippi Public Service Commission’s Rules and Regulations Governing Public Utility Service or the Commission’s Rules of Practice and Procedure.

RIGHT 1 Ratepayers shall have the right to avoid discontinuation of service for nonpayment on any Saturday or Sunday or any holiday observed by the utility, unless the utility is open to accept payment and restore service on those days.(See Service Rule 8.100 (2))

RIGHT 2 Ratepayers shall have the right to avoid discontinuation of service for a period of sixty (60) days for nonpayment when the utility receives written notice from a medical doctor licensed to practice in the State of Mississippi, or any adjoining state, certifying that discontinuance of service would create a life threatening situation for the customer or other permanent resident of the customer’s household. (See Service Rule 8.125 (1))

RIGHT 3 Ratepayers shall have the right to be given a written notice from the utility company of pending discontinuation of service at least five (5) days prior to disconnection of service. This notice shall include a date on or after which discontinuance may occur. (See Service Rule 8.100 (1)) RIGHT 4 Ratepayers shall have the right to negotiate with any electric or natural gas company a delayed payment plan to avoid discontinuation of service for a delinquent account in accordance with the utility’s terms and conditions. (See Service Rule 8.105 (1))

RIGHT 5 Ratepayers shall have the right to avoid discontinuation of service for failure to pay for merchandise purchased from the utility. (See Service Rule 7.125 (2) and 8.125 (2))

RIGHT 6 Ratepayers shall have the right to avoid discontinuation of service or refusal of service because a former occupant, not of the same household, failed to pay prior bill. (See Service Rule 7.125 (1))

RIGHT 7 Ratepayers shall have the right to designate another person to receive all information regarding their services including notices regarding past due bills and disconnection of service. (See Service Rule 6)

RIGHT 8 Ratepayers shall have the right to avoid disconnection of their electric or gas service between December 1 and April 1 if they are participating in the “mid-winter rule” as described in the Rules and Regulations Governing Public Utility Service. (See Service Rule 8.120)

2

RIGHT 9 Ratepayers shall have the right to avoid discontinuation of service of electric or natural gas service for nonpayment, if the ratepayer has been approved for Low Income Home Energy Assistance Program (LIHEAP) benefits in an amount equal to the delinquent balance, payable within thirty (30) days, and the notice of the approval has been given to the utility provider. (See Service Rule 8.105 (2))

RIGHT 10 Ratepayers shall have the right to avoid discontinuation of service for failure to pay a portion of any bill that is in dispute, provided that a deposit is made by the ratepayer for amounts in dispute. (See Service Rule 10.105) RIGHT 11 Ratepayers shall have the right to negotiate monthly installments for initial service deposits in excess of One Hundred Dollars ($100.00) provided that the entire amount of the deposit is paid within 60 days. (See Service Rule 9.100 (3))

RIGHT 12 Ratepayers shall have the right to avoid discontinuation of electric or natural gas service for nonpayment of bills if, as of 8:00 a.m. on the scheduled disconnection day, a freeze warning has been issued by the National Weather Service for the county of the scheduled disconnection. (See Service Rule 8.125 (3))

RIGHT 13 Ratepayers shall have the right to avoid discontinuation of electric service for nonpayment of bills if, as of 8:00 a.m. on the scheduled disconnection day, an Excessive Heat Warning has been issued by the National Weather Service for the county of the scheduled disconnection. (See Service Rule 8.125 (3))

RIGHT 14 Ratepayers who have had their service discontinued for non-payment, shall have the right to have their service restored in a prompt and efficient manner on the first business day after the balance due is paid, except under extreme circumstances where ongoing restoration efforts prevent reconnection from occurring within that time period. (See Service Rule 8.100 (3)) RIGHT 15 Ratepayers shall have the right to request a written explanation if the utility company refuses to initially serve a consumer. When the ratepayer has provided the utility company with a valid mailing address, the explanation shall be mailed to the ratepayer within seven (7) business days and shall include the reason service is being refused and what actions the consumer must take in order to receive service. (See Service Rule 7)

RIGHT 16

3 Ratepayers shall be given accurate and understandable information concerning the price and terms of service. (See Service Rule 10.100)

RIGHT 17 Ratepayers shall have access through the Mississippi Public Service Commission to an independent administrative process that provides a simple, quick, and effective means of resolving complaints about service and bills from all electric, gas, water, and telecommunications service providers over which the Commission has appropriate jurisdiction. Ratepayers are encouraged to attempt to resolve the dispute directly with the utility company. (See Procedural Rule 11)

RIGHT 18 Ratepayers shall have the right to intervene in any case before the Mississippi Public Service Commission affecting their rates or their utility service. (See Procedural Rule 6.121)

RIGHT 19 Ratepayers shall have the right to register their residential telephone number on the Mississippi No Call Registry at no charge. (See Procedural Rule 28)

RIGHT 20 Ratepayers shall have the right to file a complaint against telemarketers who violate the Mississippi No Call Law. (See Procedural Rule 28)

RIGHT 21 Ratepayers shall have the right to view or listen to Mississippi Public Service Commission hearings and docket calls that are held in the Commission’s Courtroom via the Internet. (See Procedural Rule 15)

Part 3 Rules and Regulations Governing Public Utility Service

Chapter 5 CONTINUITY OF SERVICE

39 Miss. Admin. Code Pt. 3, R. 105 Rule 105

INTENTIONAL INTERRUPTION Whenever service is intentionally interrupted for any purpose, (other than as provided for in interruptible clauses of contracts for service) such interruption shall, insofar as practicable, except in emergencies, be at a reasonable time which will cause the least inconvenience to customers. Customers who will be most seriously affected by such interruption shall, insofar as may be practicable, be notified in advance.

110. REPORT TO COMMISSION The Commission shall be notified in writing of interruptions of service affecting the entire system or any major division thereof lasting more than 4 hours. The notice shall also state the cause of such interruption.

111. EMERGENCY OPERATION Each utility shall make reasonable provisions to meet emergencies resulting from failures of utility service, illness of operators, fire, storm, acts of God, or the sudden and extraordinary demands for service resulting from preceding causes, and each utility shall issue instruction to its employees covering procedures to be followed in the event of emergency in order to prevent or mitigate interruptions or impairment of service.

Chapter 9 CUSTOMER DEPOSITS

39 Miss. Admin. Code Pt. 3, R. 135 VICTIMS OF DOMESTIC VIOLENCE

1. TEMPORARY WAIVER OF DEPOSIT A customer or applicant that has been determined to be a victim of domestic violence by a domestic violence shelter, as defined in Miss. Code Ann. § 93-21-101 (2014), shall be exempt from public utilities’ initial deposit requirements, as established in that utility’s tariff for new accounts at existing service locations, for a period of sixty (60) days. This determination shall be evidenced by submission of a certification letter to the utility. The certification letter must be printed on the letterhead of the certifying agency or accompanied by a letter on agency letterhead identifying the certifying individual. The certification letter expires after ninety (90) days.

2. CONFIDENTIALITY OF CERTIFICATION LETTER The utility shall deem the certification letter and the contents thereof as confidential. Any employee, contractor, volunteer or agent of a public utility in possession of information which would tend to identify a victim of domestic violence, who discloses any information that is exempt from disclosure under the Mississippi Public Records Act of 1983, or makes any observation or comment about the identity or condition of any person admitted to a shelter or receiving services of a shelter, unless directed to do so by an order of a court of competent jurisdiction, shall be subject to all applicable penalties imposed by Mississippi law for violation of Commission rules, and in addition, shall be civilly liable to the person whose personal information was disclosed in the amount of Ten Thousand Dollars ($10,000.00), plus any compensatory damages that the individual may have suffered as the result of the disclosure and any penalties imposed.

Certification Letter for Victim of Domestic Violence for Waiver of Initial Utility Deposit

This letter serves to certify that _______________________________________(Name of Applicant for Service) is a victim of domestic violence, and therefore has demonstrated satisfactory credit for the purposes of establishing service.

Requirement of initial deposit must be waived for the above named customer for a period of sixty (60) days.

The following Certifying Entity has determined that the above named Applicant is a victim of domestic violence. Domestic Violence Shelter (Shelter name):_________________________________________ By my signature I certify that the above named Applicant has been determined to be a victim of domestic violence, and I am qualified to make that determination.

Signature: Date: Printed name: __________________________________________________________________ Job Title: _____________________ Phone Number: _________________________ Supervisor:Phone Number: Title of Supervisor:_____________________________________

This form expires ninety (90) days from the date of the signature of the certifying individual.

History

• Source: M ISS. CODE ANN. § 77-3- 45 (2006)

Part 4 Part IV: Mississippi Distributed Generator and Interconnection and Net Metering

Chapter 02 Definitions

39 Miss. Admin. Code Pt. 4, R. 100 Rule 100

“Adverse System Impact” means a negative effect, due to technical or operational limits on conductors or equipment being exceeded, that compromises the safety and reliability of the EDS.

39 Miss. Admin. Code Pt. 4, R. 101 Rule 101

“Applicable Laws and Regulations” means all duly promulgated and applicable federal, state and local laws, regulations, rules, ordinances, codes, decrees, judgments, directives, or judicial or administrative orders, permits and other duly authorized actions of any Governmental Authority.

39 Miss. Admin. Code Pt. 4, R. 102 Rule 102

“Certificate of Completion” means a certificate in a completed form approved by the Commission containing information about the Interconnection Equipment to be used, its installation and local inspections.

39 Miss. Admin. Code Pt. 4, R. 103 Rule 103

“Certified Interconnection Equipment” or “Certified Equipment” or “Certified” means a designation that the Interconnection Equipment meets the following requirements:

1. The Interconnection Equipment has been tested by a Nationally Recognized Testing Laboratory (NRTL) recognized by the United States Occupational Safety and Health Administration (OSHA) in accordance with the following relevant codes and standards:

a. IEEE 1547.1 Standard for Conformance Tests Procedures for Equipment Interconnecting Distributed Resources with Electric Power Systems; and

b. Underwriters Laboratories (“UL”), UL 1741 Inverters, Converters, and Controllers for Use in Independent Power Systems;

2. The Interconnection Equipment shall meet the requirements of the most current approved version of each code and standard listed above, as amended and supplemented at the time the Interconnection Request is submitted to be deemed Certified;

3. The Interconnection Equipment has been labeled and is publicly listed by such NRTL at the time of the interconnection application;

4. The Interconnection Customer verifies that the intended use of the Interconnection Equipment falls within the use or uses for which the Interconnection Equipment is labeled and is listed by the NRTL;

5. If the Interconnection Equipment is an integrated equipment package such as an inverter, then the Interconnection Customer shall show that the generator or other electric source being utilized is compatible with the Interconnection Equipment and is consistent with the testing and listing specified for this type of Interconnection Equipment;

6. If the Interconnection Equipment includes only interface components (switchgear, multi-function relays, or other interface devices), an Interconnection Customer shall demonstrate that the generator or other electric source being utilized is compatible with the Interconnection Equipment and is consistent with the testing and listing specified for this type of Interconnection Equipment; and

7. Certified Interconnection Equipment shall not require further design testing or Production Testing, as specified by IEEE Standard 1547 Sections 5.1 and 5.2, or additional Interconnection Equipment modification to meet the requirements. However, nothing herein shall preclude the need for an on-site Witness Test or operational test by the Interconnection Customer.

39 Miss. Admin. Code Pt. 4, R. 104 “Commission” means the Mississippi Public Service Commission

39 Miss. Admin. Code Pt. 4, R. 105 Rule 105

“Commissioning Tests” means the tests applied to a DGF by an Interconnection Customer after construction is completed to verify that the DGF does not create Adverse System Impacts. At a minimum, the scope of the Commissioning Tests performed shall include the commissioning test specified by IEEE Standard 1547 section 5.4 “Commissioning Tests.”

39 Miss. Admin. Code Pt. 4, R. 106 Rule 106

“Distributed Generator Facility” or “DGF” means the equipment used by an Interconnection Customer to generate or store electricity that operates in Parallel with the EDS. A DGF typically includes an electric generator, prime mover, and the Interconnection Equipment required to safely interconnect with the EDS or local electric power system.

39 Miss. Admin. Code Pt. 4, R. 107 Rule 107

“Distribution System Upgrade” means a required addition or modification to the EU's EDS at or beyond the Point of Common Coupling (PCC) to accommodate the

interconnection of a DGF. Distribution System Upgrades do not include Interconnection Facilities.

39 Miss. Admin. Code Pt. 4, R. 108 Rule 108

“Electric Utility” or “EU” means an electric public utility that distributes electricity to customers and is subject to the jurisdiction of the Commission pursuant to the provisions of Mississippi Code Annotated §§ 77-3-1, et seq.

39 Miss. Admin. Code Pt. 4, R. 109 Rule 109

“Electric Distribution System” or “EDS” means the facilities and equipment used to transmit electricity to ultimate usage points such as homes and industries from interchanges with higher voltage transmission networks that transport bulk power over longer distances. The voltage levels at which EDSs operate differ among areas but generally carry less than 69 kilovolts of electricity. EDS has the same meaning as the term Area EPS, as defined in 3.1.6.1 of IEEE Standard 1547.

39 Miss. Admin. Code Pt. 4, R. 110 Rule 110

“Facilities Study” means an engineering study conducted by the EU to determine the required modifications to the EU’s EDS, including the cost and the time required to build and install such modifications as necessary to accommodate an Interconnection Request.

39 Miss. Admin. Code Pt. 4, R. 111 Rule 111

“Fault Current” means the electrical current that flows through a circuit during an electrical fault condition. A fault condition occurs when one or more electrical conductors contact ground or each other. Types of faults include phase to ground, double-phase to ground, three-phase to ground, phase-to-phase, and three-phase.

39 Miss. Admin. Code Pt. 4, R. 112 Rule 112

“Feasibility Study” means a study performed to identify the existence of obvious adverse impacts before additional studies are undertaken for the proposed project to continue in the process.

39 Miss. Admin. Code Pt. 4, R. 113 Rule 113

“Governmental Authority” mean any federal, state, local or other governmental regulatory or administrative agency, court, commission, department, board, or other governmental subdivision, legislature, rulemaking board, tribunal, or other governmental authority having jurisdiction over the Parties, their respective facilities, or the respective services they provide, and exercising or entitled to exercise any administrative, executive, police, or taxing authority or power; provided, however, that such term does not include the Interconnection Customer, EU or any affiliate thereof.

39 Miss. Admin. Code Pt. 4, R. 114 Rule 114

“IEEE Standard 1547” means the Institute of Electrical and Electronics Engineers, Inc. (IEEE) Standard 1547 (2003) ''Standard for Interconnecting Distributed Resources with Electric Power Systems,'' as amended and supplemented at the time the Interconnection Request is submitted.

39 Miss. Admin. Code Pt. 4, R. 115 Rule 115

“IEEE Standard 1547.1” means the IEEE Standard 1547.1 (2005) ''Conformance Test Procedures for Equipment Interconnecting Distributed Resources with Electric Power Systems,'' as amended and supplemented at the time the Interconnection Request is submitted.

39 Miss. Admin. Code Pt. 4, R. 116 Rule 116

“Interconnection Agreement” or “Agreement” means a form of interconnection agreement approved by the Commission which is applicable to Interconnection Requests pertaining to DGFs. The agreement between the Interconnection Customer and the EU governs the connection of the DGF to the EU’s EDS, as well as the ongoing operation of the DGF after it is connected to the EU’s EDS.

39 Miss. Admin. Code Pt. 4, R. 117 Rule 117

“Interconnection Application” or “Application” means a form of interconnection application approved by the Commission which is applicable to Interconnection Requests pertaining to DGFs. This application provides the information needed by the EU to review the request for interconnection. For the Level 1 review process, the Application and Agreement are part of the same document.

39 Miss. Admin. Code Pt. 4, R. 118 Rule 118

“Interconnection Customer” means an entity that submits an Interconnection Request for a DGF to an EU's EDS.

39 Miss. Admin. Code Pt. 4, R. 119 Rule 119

“Interconnection Equipment” means a group of equipment, components, or an integrated system connecting an electric generator with a local electric power system or an EDS that includes all interface equipment including switchgear, protective devices, inverters or other interface devices. Interconnection equipment may be installed as part of an integrated equipment package that includes a generator or other electric source.

39 Miss. Admin. Code Pt. 4, R. 120 Rule 120

“Interconnection Facilities” means facilities and equipment required by the EU to accommodate the interconnection of a DGF. Collectively, Interconnection Facilities include all facilities and equipment between the DGF and the PCC, including modification, additions, or upgrades that are necessary to physically and electrically interconnect the DGF to the EDS. Interconnection facilities are sole use facilities and do not include Distribution System Upgrades.

39 Miss. Admin. Code Pt. 4, R. 121 Rule 121

“Interconnection Request” means an Interconnection Customer's request, in the form of an Application approved by the Commission, requesting the interconnection of a new DGF, or to increase the capacity or modify operating characteristics of an existing approved DGF that is interconnected with the EU's EDS.

39 Miss. Admin. Code Pt. 4, R. 122 Rule 122

“Line Section” means that portion of an EU's distribution system connected to an Interconnection Customer, bounded by automatic sectionalizing devices or the end of the distribution line.

39 Miss. Admin. Code Pt. 4, R. 123 Rule 123

“Local Electric Power System” or “Local EPS” means facilities that deliver electric power to a load that are contained entirely within a single premises or group of premises. Local electric power system has the same meaning as the term local electric power system defined in 3.1.6.2 of IEEE Standard 1547.

39 Miss. Admin. Code Pt. 4, R. 124 Rule 124

“Minor Equipment Modification” means changes to the DGF that do not have a material impact on safety or reliability of the EDS.

39 Miss. Admin. Code Pt. 4, R. 125 Rule 125

“Mississippi Distributed Generation Interconnection Rule (MDGIR)” means the most current version of the procedures for interconnecting Distributed Generator Facilities adopted by the Mississippi Public Service Commission.

39 Miss. Admin. Code Pt. 4, R. 126 Rule 126

“Nameplate Capacity” means the maximum rated output of a generator, prime mover, or other electric power production equipment under specific conditions designated by the manufacturer and is usually indicated on a nameplate physically attached to the power production equipment.

39 Miss. Admin. Code Pt. 4, R. 127 Rule 127

“Nationally Recognized Testing Laboratory” or “NRTL” means a qualified private organization that meets the requirements of the Occupational Safety and Health Administration's (OSHA) regulations. NRTLs perform independent safety testing and product certification. Each NRTL shall meet the requirements as set forth by OSHA in the NRTL program.

39 Miss. Admin. Code Pt. 4, R. 128 Rule 128

“Parallel Operation” or “Parallel” means the sustained state of operation over 100 milliseconds, which occurs when a DGF is connected electrically to the EDS and thus has the ability for electricity to flow from the DGF to the EDS.

39 Miss. Admin. Code Pt. 4, R. 129 Rule 129

“Point of Common Coupling” or “PCC” means the point where the DGF is electrically connected to the EDS. Point of common coupling has the same meaning as defined in 3.1.13 of IEEE Standard 1547.

39 Miss. Admin. Code Pt. 4, R. 130 Rule 130

“Primary Line” means a distribution line rated at greater than 600 volts.

39 Miss. Admin. Code Pt. 4, R. 131 Rule 131

“Production Test” means production test as defined in IEEE Standard 1547.

39 Miss. Admin. Code Pt. 4, R. 132 Rule 132

“Queue Position” means the order of a valid Interconnection Request, relative to all other pending valid Interconnection Requests, that is established based upon the date and time of receipt of the valid Interconnection Request by the EU.

39 Miss. Admin. Code Pt. 4, R. 133 Rule 133

“Radial Distribution Circuit” means a circuit configuration where independent feeders branch out radially from a common source of supply. From the standpoint of a utility system, the area described is between the generating source or intervening substations and the customer’s entrance equipment. A radial distribution system is the most common type of connection between a utility and load in which power flows in one direction from the utility to the load.

39 Miss. Admin. Code Pt. 4, R. 134 Rule 134

“Scoping Meeting” means a meeting between representatives of the Interconnection Customer and EU conducted for the purpose of discussing alternative interconnection options, exchanging information including any EDS data and earlier study evaluations that would be reasonably expected to impact interconnection options, analyzing information, and determining the potential feasible points of interconnection.

39 Miss. Admin. Code Pt. 4, R. 135 Rule 135

“Secondary Line” means a service line subsequent to the Primary Line that is rated for 600 volts or less, also referred to as the customer’s service line.

39 Miss. Admin. Code Pt. 4, R. 136 Rule 136

“System Impact Study” means a study that identifies the electric system impacts that would result if the proposed DGF were interconnected without DGF modifications or EDS modifications, focusing on the Adverse System Impacts identified in the Feasibility Study.

39 Miss. Admin. Code Pt. 4, R. 137 Rule 137

“UL Standard 1741” means Underwriters Laboratories' standard titled ''Inverters Converters, and Controllers for Use in Independent Power Systems,” as amended and supplemented at the time the Interconnection Request is submitted.

39 Miss. Admin. Code Pt. 4, R. 138 Rule 138

“Witness Test” means verification (through on-site observation) by the EU that the installation evaluation required by IEEE Standard 1547 Section 5.3 and the Commissioning Test required by IEEE Standard 1547 Section 5.4, have been adequately performed. For Interconnection Equipment that has not been Certified, the Witness Test shall also include the verification by the EU of the on-site design tests as required by IEEE Standard 1547 Section 5.1 and verification by the EU of Production Tests required by IEEE Standard 1547 Section 5.2. All tests verified by the EU are to be performed in accordance with the applicable test procedures specified by IEEE Standard 1547.1.

Chapter 03 INTERCONNECTION REQUESTS, FEES, AND FORMS

39 Miss. Admin. Code Pt. 4, R. 100 Rule 100

Interconnection Customers seeking to interconnect a DGF shall submit an Interconnection Request to the EU that owns the EDS to which interconnection is sought, using an application approved by the Commission. Electronic versions of such Commission-approved Application forms shall be posted on the EU’s website. The EU shall establish processes for accepting Interconnection Requests electronically, specifically through online submission. Such online submission portal should include, at a minimum, information on interconnection times and procedures, a repository of relevant forms that allow for electronic entry of text, an application status tracker, and a searchable interconnection queue that is updated on a regular basis.

39 Miss. Admin. Code Pt. 4, R. 101 Rule 101

When an Interconnection Customer is not currently a customer of the EU at the proposed PCC, upon request from the EU, the Interconnection Customer shall provide proof of site control evidenced by a property tax bill, deed, lease agreement, or other legally binding contract.

39 Miss. Admin. Code Pt. 4, R. 102 Rule 102

Interconnection fees shall be governed as follows for all Interconnection Requests and shall be published on each EU’s website:

1. An EU may not charge an application, or other fee, to an applicant that requests Level 1 interconnection review. However, if an application for Level 1 interconnection review is denied because it does not meet the requirements for Level 1 interconnection review and the applicant resubmits the application under another review procedure in accordance with the MDGIR, the EU may impose a fee for the resubmitted application, consistent with this section.

2. For a Level 2 interconnection review, the EU may charge fees of up to $50.00 plus $1.00 per kilowatt of the customer-generator facility's capacity, plus the reasonable cost of any required minor modifications to the electric distribution system or additional review. Costs for such minor modifications or additional review will be based on the EU's non-binding, good faith estimates and the ultimate actual installed costs. Costs for engineering work done as part of any additional review will not exceed $100.00 per hour.

3. For a Level 3 interconnection review, the EU may charge fees of up to $100.00 plus $2.00 per kilowatt of the customer-generator facility's capacity, as well as charges for actual time spent on any required impact or facilities studies. Costs for engineering work done as part of an impact study or interconnection facilities study will not exceed $100.00 per hour. If the EU must install facilities in order to accommodate the interconnection of the customer generating facility, the cost of such facilities will be the responsibility of the applicant.

39 Miss. Admin. Code Pt. 4, R. 103 Rule 103

When the EU determines that an Interconnection Request is complete, a modification of DGF design by the Interconnection Customer other than a Minor Equipment Modification that is not agreed to in writing by the EU shall require submission of a new Interconnection Request.

Chapter 04 INTERCONNECTION REVIEW LEVELS

39 Miss. Admin. Code Pt. 4, R. 100 Rule 100

The EU shall review Interconnection Requests using one of the three levels of review procedures established below. The EU shall first use the level of DGF Agreement specified by the Interconnection Customer in the Application. The EU may not impose additional requirements not specifically authorized unless the EU and the Interconnection Customer mutually agree to do so in writing.

39 Miss. Admin. Code Pt. 4, R. 101 Rule 101

When an Interconnection Request is for an increase in capacity for an existing DGF, the Interconnection Request shall be evaluated on the basis of the new total Nameplate Capacity of the DGF.

39 Miss. Admin. Code Pt. 4, R. 102 Rule 102

When an Interconnection Request is for a DGF that includes multiple energy production devices at a site for which the Interconnection Customer seeks a single PCC, the Interconnection Request shall be evaluated on the basis of the aggregate Nameplate Capacity of the multiple devices.

Chapter 05 LEVEL 1 INTERCONNECTION REVIEWS

39 Miss. Admin. Code Pt. 4, R. 100 Rule 100

The EU shall use Level 1 review procedures to evaluate Interconnection Requests when:

1. The DGF is inverter-based;

2. The DGF has a Nameplate Capacity of 20 kW or less; and

3. The Interconnection Equipment proposed for the DGF is Certified.

39 Miss. Admin. Code Pt. 4, R. 101 Rule 101

For Level 1 Interconnection Review, the EU shall first evaluate the potential for Adverse System Impacts using the following screens, which must be satisfied:

1. For interconnection of a proposed DGF to a Line Section on a Radial Distribution Circuit, the aggregated generation on the Line Section, including the proposed DGF, shall not exceed 15% of the Line Section annual peak load.

2. When a proposed DGF is to be interconnected to a single-phase shared Secondary Line, the aggregate generation capacity on the shared Secondary Line, including the proposed DGF, may not exceed 20 kW.

3. When a proposed DGF is single-phase and is to be interconnected to a center tap neutral of a 240 volt service, its addition may not create an imbalance between the two sides of the 240 volt service of more than 20% of the nameplate rating of the service transformer.

4. Construction of facilities by the EU on its own system is not required to accommodate the DGF.

39 Miss. Admin. Code Pt. 4, R. 102 Rule 102

The Level 1 Interconnection Review shall then be conducted in accordance with the following procedures:

1. An EU shall, within 10 business days after receipt of the Interconnection Request, inform the Interconnection Customer in writing or by electronic mail that the Interconnection Request is complete or incomplete and indicate what, if any, materials are missing.

2. When an Interconnection Request is complete, the EU shall assign a Queue Position.

3. The EU shall, within 15 business days after notifying a Level 1 applicant that the application is complete, indicate that the DGF equipment meets all Level 1 criteria, verify the DG can be interconnected safely and reliably using Level 1 screens, and provide a conditionally approved Level 1 Interconnection Application Form and Agreement to the Interconnection Customer.

39 Miss. Admin. Code Pt. 4, R. 103 Rule 103

Unless the EU determines and demonstrates to the Interconnection Customer that a DGF cannot be interconnected safely or reliably to its system and provides a letter to the Interconnection Customer explaining its reasons for denying an Interconnection Request, the EU’s final approval of the Interconnection Agreement is subject to the following conditions: 1. ‘The DGF has been approved by local or municipal electric code officials with jurisdiction over the interconnection;

2. The EU has received the required information on the Certificate of Completion from the Interconnection Customer. Completion of local inspections may be designated on inspection forms used by local inspecting authorities; and

3. The EU has completed its Witness Test in accordance with the MDGIR.

39 Miss. Admin. Code Pt. 4, R. 104 Rule 104

Within 10 business days of the estimated commissioning date indicated on the Interconnection Request, the EU shall, upon reasonable notice and at a mutually convenient time, conduct a Witness Test of the DGF to ensure that all equipment has been appropriately installed and that all electrical connections have been made in accordance with applicable codes.

39 Miss. Admin. Code Pt. 4, R. 105 Rule 105

When a DGF is not approved under a Level 1 review, the Interconnection Customer may submit a new Interconnection Request for consideration under Level 2 or Level 3 procedures.

Chapter 06 LEVEL 2 INTERCONNECTION REVIEWS

39 Miss. Admin. Code Pt. 4, R. 100 Rule 100

The EU shall use the Level 2 Interconnection Review procedure to evaluate an Interconnection Request when:

1. The DGF has a Nameplate Capacity rating of 2 MW or less;

2. The Interconnection Equipment proposed for the DGF is Certified; and

3. The aggregated total of the Nameplate Capacity of all of the generators on the circuit, including the proposed DGF, is 2 MW or less.

39 Miss. Admin. Code Pt. 4, R. 101 Rule 101

No construction of facilities by an EU shall be required to accommodate the DGF, except as permitted by an additional review for minimal modifications of the EDS, as described in these Level 2 procedures.

39 Miss. Admin. Code Pt. 4, R. 102 Rule 102

For Level 2 Interconnection Review, the EU first shall evaluate the potential for Adverse System Impacts using the following screens, which must be satisfied:

1. For interconnection of a proposed DGF to a radial distribution circuit, the aggregated generation on the Line Section, including the proposed DGF, may not exceed 15% of the Line Section annual peak load.

2. The proposed DGF, in aggregation with other generation on the distribution circuit, may not contribute more than 10% to the distribution circuit's maximum Fault Current at the point on the Primary Line nearest the Point of Common Coupling (PCC).

3. The proposed DGF, in aggregate with other generation on the distribution circuit, may not cause any distribution protective devices and equipment (including substation breakers, fuse cutouts, and line reclosers), or other customer equipment on the EDS to be exposed to Fault Currents exceeding 87.5% of the short circuit interrupting capability. The Interconnection Request may not receive approval for interconnection on a circuit that already exceeds 87.5% of the short circuit interrupting capability.

4. When a DGF is to be connected to three-phase, three-wire primary EU distribution lines, a three-phase or single-phase generator shall be connected phase-to-phase.

5. When a DGF is to be connected to three-phase, four-wire primary EU distribution lines, a three-phase or single-phase generator shall be connected line-to-neutral and shall be effectively grounded.

6. When the proposed DGF is to be interconnected on a single-phase shared Secondary Line, the aggregate generation capacity on the shared Secondary Line, including the proposed DGF, shall not exceed 20 kW.

7. When a proposed DGF is single-phase and is to be interconnected on a center tap neutral of a 240 volt service, its addition may not create an imbalance between the two sides of the 240 volt service of more than 20% of the nameplate rating of the service transformer.

8. A DGF, in aggregate with other generation interconnected to the distribution side of a substation transformer feeding the circuit where the DGF proposes to interconnect, may not exceed 10 MW in an area where there are known or posted transient stability limitations to generating units located in the general electrical vicinity.

9. No construction of facilities by an EU on its own system shall be required to accommodate the DGF.

39 Miss. Admin. Code Pt. 4, R. 103 Rule 103

The Level 2 Interconnection Review shall then be conducted in accordance with the following procedures:

1. An EU shall, within 10 business days after receipt of the Interconnection Request, inform the Interconnection Customer in writing or by electronic mail that the Interconnection Request is complete or incomplete and indicate what, if any, materials are missing. As part of this process, the EU shall assign a Queue Position. The Queue Position of the Interconnection Request shall be used to determine the potential Adverse System Impact of the DGF based on the relevant screening criteria. If there are higher queued Interconnection Requests on the same radial line circuit, the EU shall evaluate the Interconnection Requests by performing any Level 2 screens requiring aggregate capacity calculations and determine if the DGF in combination with the higher queued Interconnection Requests exceeds any of the

aggregate capacity requirements. If an aggregate capacity requirement is exceeded, the EU shall notify the Interconnection Customer and shall not be obligated to meet the timeline for reviewing the Interconnection Request until such time as the EU has completed the review of all other Interconnection Requests that have a higher Queue Position and impact the aggregate capacity calculation that has been exceeded.

2. At the time an EU determines additional information is required to complete an evaluation, the EU shall request the information. The time necessary to complete the evaluation may be extended by mutual agreement of the parties, but only to the extent of the time required for receipt of the additional information. During an extension of time to submit additional information, the EU may not alter the Interconnection Customer's Queue Position.

3. Within 20 business days after the EU notifies the Interconnection Customer that it has received a completed Interconnection Request, the EU shall:

a. Evaluate the Interconnection Request using the Level 2 screening criteria;

b. Review any analysis provided by the Interconnection Customer, using the same criteria used by the customer; and

c. Provide the Interconnection Customer with the EU's evaluation, including a comparison of the results of its own analyses with those of Interconnection Customer, if applicable. When an EU does not have a record of receipt of the Interconnection Request and the Interconnection Customer can demonstrate that the original Interconnection Request was delivered, the EU shall expedite its review to complete the evaluation of the Interconnection Request within 20 business days of the Interconnection Customer's re-submittal.

39 Miss. Admin. Code Pt. 4, R. 104 Rule 104

The EU shall provide the Interconnection Customer a DGF Interconnection Agreement within 5 business days of its determination that the Interconnection Request passes the Level 2 screening criteria.

39 Miss. Admin. Code Pt. 4, R. 105 Rule 105

When a DGF has failed to meet one or more of the Level 2 screens, the EU shall offer to perform additional review for minimal modifications of the EDS to determine whether minimal modifications to the EDS would enable the interconnection to be made consistent with safety, reliability and power quality criteria. The EU shall provide the Interconnection Customer with a nonbinding, good faith estimate of the costs of additional review for minimal modifications of the EDS. The EU shall undertake the additional review for minimal modifications of the EDS or the modifications only after the Interconnection Customer consents to pay for the review and modifications.

39 Miss. Admin. Code Pt. 4, R. 106 Rule 106

If the DGF fails one or more of the Level 2 screening criteria but the EU determines that minimal modifications to the EDS would enable the DGF to interconnect safely and

reliably, the EU shall provide the Interconnection Customer a DGF Interconnection Agreement within 5 business days of making that determination.

39 Miss. Admin. Code Pt. 4, R. 107 Rule 107

If the EU finds that the DGF cannot be interconnected with minimal modifications to the EDS, the EU shall provide the Interconnection Customer a letter explaining its reasons for denying the Interconnection Request. The Interconnection Customer may submit a new Interconnection Request for consideration under a Level 3 interconnection review.

39 Miss. Admin. Code Pt. 4, R. 108 Rule 108

An Interconnection Customer shall have 30 business days to sign and return the Agreement. When an Interconnection Customer does not sign the DGF Interconnection Agreement within 30 business days, the Interconnection Request shall be deemed withdrawn unless the Interconnection Customer requests in writing prior to the expiration of the 30 business day period to extend the deadline. The EU may not unreasonably deny the request for extension.

39 Miss. Admin. Code Pt. 4, R. 109 The DGF Interconnection Agreement shall not become final until:

1. The milestones agreed to in the DGF Interconnection Agreement are satisfied;

2. The DGF is approved by electric code officials with jurisdiction over the interconnection;

3. The Interconnection Customer provides a Certificate of Completion to the EU. Completion of local inspections may be designated on inspection forms used by local inspecting authorities; and

4. The Witness Test was successfully completed per the terms and conditions found in the Agreement.

39 Miss. Admin. Code Pt. 4, R. 110 Rule 110

If the DGF is not approved under a Level 2 review, the EU shall provide the Interconnection Customer a letter explaining its reasons for denying the Interconnection Request. The Interconnection Customer may submit a new Interconnection Request for consideration under a Level 3 interconnection review. The Queue Position assigned to the Level 2 Interconnection Request shall be retained provided the request is made within 15 business days of notification that the current Interconnection Request is denied.

Chapter 07 LEVEL 3 INTERCONNECTION REVIEWS

39 Miss. Admin. Code Pt. 4, R. 100 Rule 100

The EU shall use the Level 3 review procedure to evaluate an Interconnection Request when the Interconnection Customer requests Level 3 review.

39 Miss. Admin. Code Pt. 4, R. 101 Rule 101

The Level 3 review shall be conducted in accordance with the following process:

1. An EU shall, within 10 business days of receipt of an Interconnection Request, inform the Interconnection Customer in writing or by electronic means that the

Interconnection Request is complete or incomplete and indicate what, if any, materials are missing.

2. When the Interconnection Request is deemed not complete, the EU shall provide the Interconnection Customer with a written list detailing information required to complete the Interconnection Request. The Interconnection Customer shall have 10 business days to provide appropriate data in order to complete the Interconnection Request, or the Interconnection Request shall be considered withdrawn. The parties may agree to extend the time for receipt of the additional information. The Interconnection Request shall be deemed complete when the required information has been provided by the Interconnection Customer, or the parties have agreed that the Interconnection Customer may provide additional information at a later time.

3. When an Interconnection Request is complete, the EU shall assign a Queue Position. The Queue Position of an Interconnection Request shall be used to determine the cost responsibility necessary for the facilities to accommodate the interconnection. The EU shall notify the Interconnection Customer about other higher-queued Interconnection Customers that have the potential to impact the cost responsibility.

4. Level 3 Scoping Meetings shall be conducted as follows:

a. By mutual agreement of the parties, the Scoping Meeting, interconnection Feasibility Study, interconnection System Impact Study, or interconnection Facilities Study provided for in a Level 3 review may be waived;

b. If agreed to by the parties, a Scoping Meeting shall be held within 10 business days, or other mutually agreed to time, after the EU has notified the Interconnection Customer that the Interconnection Request is deemed complete, The purpose of the meeting shall be to review the Interconnection Request, existing studies relevant to the Interconnection Request, and the results of the Level 1 or Level 2 screening criteria;

c. When the parties agree at a Scoping Meeting that an interconnection Feasibility Study shall be performed, the EU shall provide to the Interconnection Customer, no later than 5 business days after the Scoping Meeting, an interconnection Feasibility Study agreement, including an outline of the scope of the study and a nonbinding good faith estimate of the cost to perform the study;

d. When the parties agree at a Scoping Meeting that an interconnection Feasibility Study is not required, the EU shall provide to the Interconnection Customer, no later than 5 business days after the Scoping Meeting, an interconnection System Impact Study agreement, including

an outline of the scope of the study and a nonbinding good faith estimate of the cost to perform the study; and

e. When the parties agree at the Scoping Meeting that an interconnection Feasibility Study and System Impact Study are not required, the EU shall provide to the Interconnection Customer, no later than 5 business days after the Scoping Meeting, an interconnection Facilities Study agreement including an outline of the scope of the study and a nonbinding good faith estimate of the cost to perform the study.

5. Any required interconnection studies shall be carried out using the following guidelines:

a. An interconnection Feasibility Study shall include the following analyses and conditions for the purpose of identifying and addressing potential Adverse System Impacts to the EU's EDS that would result from the interconnection:

b. Initial identification of any circuit breaker short circuit capability limits exceeded as a result of the interconnection;

c. Initial identification of any thermal overload or voltage limit violations resulting from the interconnection;

d. Initial review of grounding requirements and system protection;

e. Description and nonbinding estimated cost of facilities required to interconnect the DGF to the EU's EDS in a safe and reliable manner; and

f. Additional evaluations at the expense of the Interconnection Customer, when an Interconnection Customer requests that the interconnection Feasibility Study evaluate multiple potential points of interconnection.

6. An interconnection System Impact Study shall evaluate the impact of the proposed interconnection on both the safety and reliability of the EU's EDS. The study shall identify and detail the system impacts that result when the proposed DGF is interconnected without project or system modifications, focusing on the Adverse System Impacts identified in the interconnection Feasibility Study and potential impacts including those identified in the Scoping Meeting. The study shall consider all generating facilities that, on the date the interconnection System Impact Study is commenced, are directly interconnected with the EU's system, have a pending higher Queue Position to interconnect to the system, and have a signed a DGF Interconnection Agreement.

a. An interconnection System Impact Study shall be performed when the interconnection Feasibility Study identifies a potential distribution system

Adverse System Impact. The EU shall send the Interconnection Customer an interconnection System Impact Study agreement within 5 business days of transmittal of the interconnection Feasibility Study report. The agreement shall include an outline of the scope of the study and a good faith estimate of the cost to perform the study. The System Impact Study shall include:

i. A load flow study; ii. Identification of affected systems; iii. An analysis of equipment interrupting ratings; iv. A protection coordination study; v. Voltage drop and flicker studies; vi. Protection and set point coordination studies; vii. Grounding reviews; and viii. Impact on system operation.

b. An interconnection System Impact Study shall consider the following criteria:

i. A short circuit analysis; ii. A stability analysis; iii. Alternatives for mitigating Adverse System Impacts on affected systems; iv. Voltage drop and flicker studies; v. Protection and set point coordination studies; and vi. Grounding reviews.

c. The interconnection System Impact Study shall provide the following:

i. The underlying assumptions of the study; ii. The results of the analyses; iii. A list of any potential impediments to providing the requested interconnection service; iv. Required Distribution System Upgrades; and v. A nonbinding good faith estimate of cost and time to construct any required Distribution System Upgrades.

d. The parties shall use an interconnection System Impact Study agreement approved by the Commission.

7. The interconnection Facilities Study shall be conducted as follows:

a. Within 5 business days of completion of the interconnection System Impact Study, the EU shall send a report to the Interconnection Customer with an interconnection Facilities Study agreement, which includes an

outline of the scope of the study and a nonbinding good faith estimate of the cost to perform the study;

b. The interconnection Facilities Study shall estimate the cost of the equipment, engineering, procurement and construction work including overheads needed to implement the conclusions of the interconnection Feasibility Study and the interconnection System Impact Study to interconnect the DGF. The interconnection Facilities Study shall identify:

i. The electrical switching configuration of the equipment, including transformer, switchgear, meters and other station equipment; ii. The nature and estimated cost of the EU's Interconnection Facilities and Distribution System Upgrades necessary to accomplish the interconnection; and iii. An estimate of the time required to complete the construction and installation of the facilities;

c. The parties may agree to permit an Interconnection Customer to separately arrange for a third party to design and construct the required Interconnection Facilities. The EU may review the design of the facilities under the interconnection Facilities Study agreement. When the parties agree to separately arrange for design and construction and to comply with security and confidentiality requirements, the EU shall make all relevant information and required specifications available to the Interconnection Customer to permit the Interconnection Customer to obtain an independent design and cost estimate for the facilities, which shall be built in accordance with the specifications;

d. Upon completion of the interconnection Facilities Study, and with the agreement of the Interconnection Customer to pay for the Interconnection Facilities and Distribution System Upgrades identified in the interconnection Facilities Study, the EU shall provide the Interconnection Customer with a DGF Interconnection Agreement within 5 business days; and

8. When an EU determines, as a result of the interconnection studies conducted under a Level 3 review, that it is appropriate to interconnect the DGF, the EU shall provide the Interconnection Customer with a DGF Interconnection Agreement. If the Interconnection Request is denied, the EU shall provide a written explanation setting forth the reasons for denial;

9. An Interconnection Customer shall have 30 business days from receipt of the DGF Interconnection Agreement, unless another mutually agreeable time frame is reached, to sign and return the DGF Interconnection Agreement to the EU. If an

Interconnection Customer does not sign the DGF Interconnection Agreement within 30 business days, the Interconnection Request shall be deemed withdrawn unless the Interconnection Customer requests in writing, prior to the expiration of the 30 business-day period, to extend the deadline. The EU may not unreasonably deny the request for extension. When construction is required, the interconnection of the DGF shall proceed according to milestones agreed to by the parties in the DGF Interconnection Agreement. The DGF Interconnection Agreement may not be final until:

a. The milestones agreed to in the DGF Interconnection Agreement are satisfied;

b. The DGF is approved by electric code officials with jurisdiction over the interconnection;

c. The Interconnection Customer provides a Certificate of Completion to the EU. Completion of local inspections may be designated on inspection forms used by local inspecting authorities; and

d. The Witness Test was successfully completed per the terms and conditions found in the Agreement.

39 Miss. Admin. Code Pt. 4, R. 102 Rule 102

An interconnection System Impact Study is not required when the interconnection Feasibility Study concludes there is no Adverse System Impact, or when the study identifies an Adverse System Impact, but the EU is able to identify a remedy without the need for an interconnection System Impact Study.

39 Miss. Admin. Code Pt. 4, R. 103 Rule 103

The parties shall use a form of interconnection Feasibility Study agreement approved by the Commission.

Chapter 08 TECHNICAL STANDARDS

39 Miss. Admin. Code Pt. 4, R. 100 Rule 100

The technical standard to be used in evaluating all Interconnection Requests under Level 1, Level 2, and Level 3 reviews, unless otherwise provided for in these procedures, is IEEE Standard 1547. IEEE 1547.2, “Application Guide for IEEE 1547 Standard for Interconnecting Distributed Resources with Electric Power Systems,” shall be used as a guide (but not a requirement) to detail and illustrate the interconnection protection requirements that are provided in IEEE 1547.

Chapter 09 POINT OF COMMON COUPLING

39 Miss. Admin. Code Pt. 4, R. 100 Rule 100

To minimize the cost of interconnecting multiple DGFs, the EU or the Interconnection Customer may propose a single PCC for multiple DGFs located at a single site. If the Interconnection Customer rejects the EU’s proposal for a single PCC, the Interconnection Customer shall pay the additional cost, if any, of providing a separate PCC for each DGF. If the EU rejects the customer’s proposal for a single PCC without providing a written

technical explanation, the EU shall pay the additional cost, if any, of providing a separate PCC for each DGF.

Chapter 10 RECORDS AND REPORTS

39 Miss. Admin. Code Pt. 4, R. 100 Rule 100

An EU shall maintain records of the following for a minimum of 3 years:

1. The total number of and the Nameplate Capacity of the Interconnection Requests received, approved and denied under Level 1, Level 2, and Level 3 reviews;

2. The number of Interconnection Requests that were not processed within the timelines established in this rule;

3. The number of Scoping Meetings held and the number of feasibility studies, impact studies, and facility studies performed and the fees charged for these studies;

4. The justifications for the actions taken to deny Interconnection Requests; and

39 Miss. Admin. Code Pt. 4, R. 101 Rule 101

An EU shall provide a report to the Commission containing the information required in paragraphs (a)-(d) above, on or before February 1st each year.

Chapter 11 INFORMATION FOR PROSPECTIVE INTERCONNECTIONCUSTOMERS

39 Miss. Admin. Code Pt. 4, R. 100 Rule 100

An EU shall designate a contact person and contact information on its website and for the Commission’s website for submission of all Interconnection Requests and from whom information on the Interconnection Request process and the EU's EDS can be obtained regarding a proposed DGF. The information shall include studies and other materials useful to an understanding of the feasibility of interconnecting a DGF at a particular point on the EU's EDS, except to the extent that providing the materials would violate security requirements or confidentiality agreements, or otherwise would be contrary to Mississippi or federal law and regulations. In appropriate circumstances, the EU may require execution of a confidentiality agreement prior to release of information about the EU’s EDS.

39 Miss. Admin. Code Pt. 4, R. 101 Rule 101

When the EU determines that an Interconnection Request is complete, a modification of DGF design by the Interconnection Customer other than a Minor Equipment Modification that is not agreed to in writing by the EU shall require submission of a new Interconnection Request.

Chapter 12 ADDITIONAL TECHNICAL REQUIREMENTS

39 Miss. Admin. Code Pt. 4, R. 100 Rule 100

DGFs shall be capable of being isolated from the EU. For Level 2 and Level 3 interconnection, the isolation shall be by means of a lockable, visible-break isolation device whose status is clearly indicated and is accessible by the EU. The isolation device shall be installed, owned and maintained by the owner of the DGF and located between

the DGF and the PCC. A draw-out type circuit breaker with a provision for padlocking at the draw-out position can be considered an isolation device for purposes of this requirement. A draw-out type circuit breaker has a switching device capable of making, carrying and breaking currents under normal and abnormal circuit conditions such as those of a short circuit. A draw-out circuit breaker can be physically removed from its enclosure creating a visible break in the circuit. For the purposes of these regulations, the draw-out circuit breaker shall be capable of being locked in the open, draw-out position. Level 1 interconnections do not require an external isolation device.

39 Miss. Admin. Code Pt. 4, R. 101 Rule 101

A Level 2 or Level 3 Interconnection Customer may elect to provide the EU access to an isolation device that is contained in a building or area that may be unoccupied and locked or not otherwise readily accessible to the EU, by installing a lockbox provided by the EU that shall provide ready access to the isolation device. The Interconnection Customer shall install the lockbox in a location that is readily accessible by the EU, and the Interconnection Customer shall permit the EU to affix a placard in a location of its choosing that provides clear instructions to EU operating personnel on access to the isolation device. In the event that the Interconnection Customer fails to comply with the terms of this subsection and the EU needs to gain access to the isolation device, the EU shall not be held liable for any damages resulting from any necessary EU action to isolate the Interconnection Customer.

39 Miss. Admin. Code Pt. 4, R. 102 Rule 102

Any metering necessitated by a DGF shall be installed, operated and maintained in accordance with applicable tariffs. Any such metering requirements shall be clearly identified as part of the DGF Interconnection Agreement executed by the Interconnection Customer and the EU.

39 Miss. Admin. Code Pt. 4, R. 103 Rule 103

The EU shall design, procure, construct, install, and own any Distribution System Upgrades. The actual cost of the Distribution System Upgrades, including overheads, shall be directly assigned to the Interconnection Customer. The Interconnection Customer may be entitled to financial contribution from any other EU customers who may in the future utilize the upgrades paid for by the Interconnection Customer. Such contributions shall be governed by the rules, regulations, and decisions of the Commission.

39 Miss. Admin. Code Pt. 4, R. 104 Rule 104

The Interconnection Customer shall design its DGF to maintain a composite power delivery at continuous rated power output at the Point of Common Coupling at a power factor within the power factor range required by the EU’s applicable tariff for a comparable load customer. EU may also require the Interconnection Customer to follow a voltage or VAR schedule if such schedules are applicable to similarly situated generators in the control area on a comparable basis and have been approved by the Commission. The specific requirements for meeting a voltage or VAR schedule shall be clearly specified in Attachment 3 of the “Mississippi Distributed Generator Interconnection Rule Level 2 and Level 3 Agreement for Interconnection of Distributed Generator Facilities.” Under no circumstance shall these additional requirements for voltage support or reactive power exceed the normal operating capabilities of the DGF. The requirements in this paragraph may be additional to requirements in IEEE 1547.

Chapter 13 DISPUTES

39 Miss. Admin. Code Pt. 4, R. 100 Rule 100

A party shall attempt to resolve all disputes regarding interconnection as provided in the MDGIR promptly, equitably, and in a good faith manner.

39 Miss. Admin. Code Pt. 4, R. 101 Rule 101

When a dispute arises, a party may seek immediate resolution through complaint procedures available through the Commission by providing written notice to the Commission and the other party stating the issues in dispute.

39 Miss. Admin. Code Pt. 4, R. 102 Rule 102

When disputes relate to the technical application of the MDGIR, the Commission may designate a technical consultant to resolve the dispute. Upon Commission designation, the parties shall use the technical consultant to resolve disputes related to interconnection. Costs for dispute resolution conducted by the technical consultant shall be established by the technical consultant and subject to review by the Commission. The EU and the Interconnection Customer shall share equally the costs of an outside arbitrator unless they mutually agree to a different payment arrangement.

39 Miss. Admin. Code Pt. 4, R. 103 Rule 103

Pursuit of dispute resolution shall not affect an Interconnection Customer with regard to consideration of an Interconnection Request or an Interconnection Customer's Queue Position.

Chapter 01 Introduction

39 Miss. Admin. Code Pt. 4, R. 100 Rule 100

The Mississippi Distributed Generation Rule (MDGR) sets forth technical and procedural requirements for qualified Distributed Generator Facilities (DGFs). These DGFs are also subject to the requirements of the Mississippi Distributed Generator Interconnection Rule (MDGIR).

Chapter 02 DEFINITIONS

39 Miss. Admin. Code Pt. 4, R. 100 Rule 100

“Billing Period” means the monthly billing period used by an Electric Utility (EU) to measure usage and any excess energy exported by a DGF to the EU, and to bill customers.

39 Miss. Admin. Code Pt. 4, R. 101 “Avoided Cost of Wholesale Power” means the cost to an EU

of electric energy that the EU would generate itself or purchase from another source, such as from an organized wholesale power market, but for the purchase from a Distributed Generation Interconnection Customer (DGIC). In essence, the avoided cost is the marginal cost to produce or purchase one more unit of electrical energy. When a DGIC delivers electricity to an EU, the EU will reduce the equivalent amount of electricity that either is generated at its most expensive operating plant that is not running for reliability purposes or is purchased from an organized wholesale power market. For power generated by an EU, the cost avoided consists of the cost of fuel needed to produce that electricity and the corresponding portion of the plant’s operation and maintenance costs and shall include an appropriate average line loss adjustment. For DGICs with solar PV systems, the Avoided Cost of Wholesale Power and the corresponding average line loss adjustment shall reflect the daytime energy production of a solar PV system. No capacity credit is given as part of the calculation of Avoided Cost of Wholesale Power. For an EU that is a member of a regional transmission organization (RTO), the Avoided Cost of Wholesale Power shall be the average real-time locational marginal price (LMP) calculated by the RTO for the EU’s load zone(s). Such LMP shall include an appropriate average line loss adjustment. For DGICs with solar PV systems, such LMP and the corresponding average line loss adjustment shall reflect the daytime energy production of a solar PV system.

An EU is an electric utility within the meaning of Miss. Code Ann. section 77-3-3(d)(i) (Supp 2014).

39 Miss. Admin. Code Pt. 4, R. 102 Rule 102

“Distributed Generation Value” means an adjustment to be included in the Total Value of Distributed Generation for benefits of distributed generation that, while expected to occur, are currently non-quantifiable or difficult to quantify. The Distributed Generation Value shall be equal to 2.5 cents per kilowatt hour, unless and until modified upward or downward based on Mississippi-specific data, by separate Order of the Commission, and after full notice and hearing. To provide sufficient financial certainty to qualifying customers that install DGFs, this Distributed Generation Value shall remain in place for a period of twenty-five (25) years from the date the customer begins taking net generation service under the EU’s net generation tariff.

39 Miss. Admin. Code Pt. 4, R. 103 Rule 103

“Low-to-Moderate Income Benefits Adder” means an additional amount to be included in the Total Value of Distributed Generation that shall flow to qualifying customers whose household income is at or below 225% of the federal poverty level (or similar requirement proposed by the EU to be approved by the Commission) who is approved to take service under the EU’s net generation tariff. Beginning with the effective date of this rule, the Low-to-Moderate Income Benefits Adder shall be equal to 2 cents per kilowatt hour. To provide sufficient financial certainty to qualifying low- to-moderate income customers that install DGFs, this Low-to-Moderate Income Benefits Adder shall remain in place for a period of twenty-five (25) years from the date a qualified DGIC customer begins taking service under the EU’s net generation tariff.

39 Miss. Admin. Code Pt. 4, R. 104 Rule 104

“Total Value of Distributed Generation” means the total amount – expressed in cents per kilowatt hour - that shall be credited to EU customers as a result of excess energy exported by a DGF to the EU, which shall include the Avoided Cost of Wholesale Power plus the Distributed Generation Value plus, if applicable, the Low-to-Moderate Income Benefits Adder, as further outlined in this rule.

39 Miss. Admin. Code Pt. 4, R. 105 Rule 105

“Exit Fee” means a fee that is paid by a customer that reduces load by using a DGF and is intended to compensate the EU in whole or part for the loss of fixed cost contribution from that customer. Exit fees are not allowed under this rule, unless otherwise approved by the Commission.

39 Miss. Admin. Code Pt. 4, R. 106 Rule 106

“Distributed Generation Interconnection Customer” or “DGIC” is any electricity customer, such as an industrial, large commercial, residential or small commercial customer, that generates electricity on the customer’s side of the meter using a Renewable Energy source. The electricity customer must own or lease the DGF producing the Renewable Energy on the electricity customer’s side of the meter in order to qualify as a DGIC under this MDGR, unless otherwise approved by the Commission.

39 Miss. Admin. Code Pt. 4, R. 107 Rule 107

“Net Generation” means measuring the real-time kilowatt-hours supplied by the EU to the DGIC and the kilowatt-hours produced by the DGIC’s DGF and exported to the EU over the applicable Billing Period. Net Generation includes the real-time displacement of kilowatt-hours that otherwise would be provided by the EU by kilowatt-hours that were generated by the DGIC’s DGF. An EU may employ a multi-channel meter for separately measuring the DGIC’s electric usage and excess energy exported to the EU.

Special metering requirements are obviated with the use of advanced metering infrastructure or “smart meters.”

39 Miss. Admin. Code Pt. 4, R. 108 Rule 108

“Renewable Energy” means electric energy produced from solar technologies, wind energy, geothermal technologies, wave or tidal action, hydro-power facilities, hydrogen, and biomass. Any energy derived from fossil fuels is not considered renewable and does not qualify under the MDGR.

39 Miss. Admin. Code Pt. 4, R. 109 Rule 109

“Biomass” means a power source that is comprised of combustible solids or gases from forest products, manufacturing waste, or byproducts; products from agricultural and orchard crops; waste or co-products from livestock and poultry operations; waste or byproducts from food processing; urban wood waste; municipal liquid waste treatment operations; and landfill gas.

Chapter 03 NET GENERATION REQUIREMENTS

39 Miss. Admin. Code Pt. 4, R. 100 Rule 100

This MDGR sets forth the Net Generation requirements that apply to EUs that have customers who self-generate electricity with Renewable Energy on the customer’s side of the EU’s meter that wish to Net Generate, as indicated by the customer on the Standard Application. These customers are referred to as DGICs in this rule.

39 Miss. Admin. Code Pt. 4, R. 101 Rule 101

All EUs shall offer Net Generation to any customer that seeks to generate electricity on the customer’s side of the EU’s meter using Renewable Energy sources, provided:

1. For residential customers, Net Generation nameplate direct current capacity of the aggregated DGFs at the customer’s premises shall be limited to the lesser of 110% of the customer’s annual peak demand or 20 kW and shall meet the requirements of the MDGIR;

2. For non-residential customers, Net Generation nameplate direct current capacity for the aggregate DGFs at the customer’s premises shall be limited to the lesser of 110% of the customer’s annual peak demand or 2 MW and shall meet the requirements of the MDGIR.

3. In cases where Battery Energy Storage Systems (“BESS”) are paired with a DGF, the capacity of the BESS will not affect the total nameplate capacity limits of a customer’s DGF under this MDGR.

39 Miss. Admin. Code Pt. 4, R. 102 Rule 102

EUs may refuse additional net generation requests if the total net generation direct current capacity in kW, as reported through these requirements, exceeds at any time 3 percent of the EU’s total system peak demand expressed in kW recorded during the prior calendar year.

39 Miss. Admin. Code Pt. 4, R. 103 Rule 103

Each EU shall develop a tariff for Net Generation and interconnection policies in concordance with this MDGR and the MDGIR. Each EU shall make Net Generation

available to eligible DGICs on a first-come, first-served basis until such time as the aforementioned cap has been reached.

39 Miss. Admin. Code Pt. 4, R. 104 Rule 104

An EU shall provide Net Generation at non-discriminatory rates that are identical, with respect to rate structure and level, retail rate components, and any monthly fixed charges, to the rates that a DGIC would be charged if not a DGIC, unless otherwise approved by the Commission.

39 Miss. Admin. Code Pt. 4, R. 105 Rule 105

In each Billing Period, energy supplied to the DGIC from the EU as recorded on the EU’s bi-directional meter or smart meter will be billed using appropriate commission- approved rate and rider schedules. This provision means that energy self-supplied by the DGIC, up to the amount supplied from the EU to the DGIC (e.g., through the recording of meter Channel 1) will be credited to the DGIC at the full retail rate (i.e., effectively displacing energy supplied from the EU). During that same Billing Period, any excess energy supplied from the DGIC to the EU and recorded on the EU’s bi- directional net meter in kWh (e.g., through meter Channel 2) will be credited on the DGIC’s bill at the applicable Total Value of Distributed Generation expressed in cents per kWh and shall be accounted for through the EU’s fuel adjustment clause. The customer’s monthly bill will be the total of billing for any usage (i.e., as recorded on meter Channel 1) subject to any customer charge and/or minimum bill provisions in the EU’s rate and rider schedules less any credit due to the customer from excess energy exported to the EU (i.e., as recorded on meter Channel 2). If the sum total of the monthly bill is negative, any such amount will be carried over to the next Billing Period and applied to any charges arising during the subsequent Billing Period.

39 Miss. Admin. Code Pt. 4, R. 106 Rule 106

Beginning with the effective date of this rule, Total Value of Distributed Generation shall be equal to the Avoided Cost of Wholesale Power plus the Distributed Generation Value. Further, the Distributed Generation Value shall be equal to 2.5 cents/kWh, unless and until modified upward or downward based on Mississippi-specific data, by separate Order of the Commission, and after full notice and hearing. Within sixty (60) days of the effective date of this rule, each EU shall file with the Commission revised net generation tariffs consistent with the provisions of this revised rule for consideration and approval by the Commission.

39 Miss. Admin. Code Pt. 4, R. 107 Rule 107

Each new Billing Period shall begin with zero kWh credits to the DGIC; however, subject to the provisions above, the customer may carry over any value of energy credit arising from the prior Billing Period(s). When a customer closes his or her account with the EU, if the DGIC has accumulated a dollar balance as a result of excess energy delivered to the EU, any such balance, net of costs owed to the EU, shall be paid to the DGIC.

39 Miss. Admin. Code Pt. 4, R. 108 Rule 108

Credit for any excess energy exported to the EU shall not be applied to reduce any fixed monthly customer charges or minimum bill provisions imposed by the EU under Commission-approved rate and rider schedules.

39 Miss. Admin. Code Pt. 4, R. 109 Rule 109

An EU shall offer a DGIC the choice of a time differentiated energy tariff rate or a non-time-differentiated energy tariff rate, if the EU offers the choice to customers in the same rate class as the DGIC. If a DGIC uses a retail billing arrangement that has time- differentiated rates, the EU shall net any production from the DGFs against the customer’s consumption within the same time-of-use period in the Billing Period and any excess energy exported to the EU will be credited as described above.

39 Miss. Admin. Code Pt. 4, R. 110 Rule 110

Any renewable energy credits (RECs) created by the DGIC are and shall remain the property of the DGIC, unless otherwise approved by the Commission. The EU shall not charge any back-up, standby, or Exit Fees to a DGIC, unless otherwise approved by the Commission.

39 Miss. Admin. Code Pt. 4, R. 111 Rule 111

An EU shall not charge a DGIC any fee or charge, or require additional equipment, insurance or any other requirement, unless the fee, charge, or other requirement is specifically authorized in this MDGR or the MDGIR, or the fee would apply to other customers in the same rate class that are not DGICs, or unless otherwise approved by the Commission.

39 Miss. Admin. Code Pt. 4, R. 112 Rule 112

All DGICs must be electrically interconnected with their EU pursuant to the provisions of the MDGIR. All rules and regulations for interconnected DGFs within the MDGIR apply to DGICs. Any Distribution System Upgrades, including additional equipment needed that is associated with the export of electricity, shall be at the DGIC’s expense, per the MDGIR.

39 Miss. Admin. Code Pt. 4, R. 113 Rule 113

Each EU shall file with the Commission within three months of the effective date of this revised rule the EU’s plan to inform its customers of the opportunities available under the MDGR.

39 Miss. Admin. Code Pt. 4, R. 114 Rule 114

Nothing in this document shall abrogate any person's obligation to comply with all applicable Federal or State laws, rules or regulations, including the MDGIR.

Chapter 04 METERS AND METERING

39 Miss. Admin. Code Pt. 4, R. 100 Rule 100

A DGIC shall be equipped with metering equipment that can measure the flow of electricity in each direction at the same time. This may be accomplished through the use of advanced metering infrastructure, or a single bi-directional meter that records customer usage as well as excess energy exported to the EU (e.g., energy supplied to the customer net of the output of the DGIC is measured on Channel 1 and excess energy supplied by the DGIC to the EU in excess of the customer’s requirements is measured on Channel 2).

39 Miss. Admin. Code Pt. 4, R. 101 Rule 101

An EU may choose to use an existing electric revenue meter if the following criteria are met:

1. The meter is capable of measuring the flow of electricity both into and out of the DGIC at the same time; and

2. The meter is accurate to within plus or minus five percent when measuring excess energy flowing from the DGIC to the EU.

39 Miss. Admin. Code Pt. 4, R. 102 Rule 102

If the DGIC’s existing electric revenue meter does not meet the requirements above, the EU shall install a new revenue meter for the DGIC, at the DGIC’s expense, within 10 business days after the interconnection agreement is executed and approved. If the EU offers a time-differentiated rate chosen by the DGIC, the meter shall have the capability to appropriately record energy flows in each direction during any time-differentiated period.

39 Miss. Admin. Code Pt. 4, R. 103 Rule 103

Any subsequent revenue meter change will be at the EU’s expense, meaning such meter expense will not be charged to an individual DGIC but shall become part of the EU’s overall cost of service and subsequent revenue requirement.

Chapter 05 REPORTING REQUIREMENTS

39 Miss. Admin. Code Pt. 4, R. 100 Rule 100

Each EU with one or more DGICs connected to its grid shall submit to the Mississippi Public Service Commission a Net Generation report on or before March 1st of each calendar year. The report shall include the following information regarding DGICs during the reporting period:

1. The total energy expressed in kilowatt-hours supplied to the EU’s grid by DGICs and a description of any estimation methodology used;

2. The total number of DGICs that were paid for excess energy exported to the EU at the end of any Billing Period(s) during the prior calendar year;

3. The total dollar amount by month that the EU paid to REDGICs for excess energy exported to the EU during the prior calendar year;

4. The total number of net generation DGFs by resource type that were interconnected at the end of the prior calendar year;

5. The total rated nameplate direct current generating capacity of net generation DGFs installed during the prior calendar year broken out by resource type; and

6. The percentage of the EU’s total system peak demand from the prior calendar year represented by the total rated nameplate direct current generating capacity of net generation DGFs.

7. The total number of REDGICs who received the Low-to-Moderate Income Benefits Adder that calendar year.

39 Miss. Admin. Code Pt. 4, R. 101 Rule 101

For purposes of these reporting requirements, any estimates shall be made using Commission-approved protocols unless no such protocols are available, in which case the estimates shall be accompanied by detailed calculations demonstrating how the estimates were made.

Chapter 06 CUSTOMER PROGRAMS

39 Miss. Admin. Code Pt. 4, R. 100 Rule 100

While the Commission recognizes that it cannot order an EU to construct or acquire specific resources, the Commission finds that economic benefits warrant reasonably incentivizing energy independence through cost reductions for renewable energy for K- 12 public schools through power purchase agreements, renewable energy for low-to- moderate income residential customers and residential battery storage systems that can accommodate and are compatible with any existing or future EU demand side management or demand response programs. Any renewable energy for public school programs or low-to-moderate income residential renewable energy programs will be subject to the three percent (3%) participation cap described, previously, herein; however, nothing herein prevents an EU from extending these programs if it chooses. These programs should begin on January 1, 2023, and should continue for no more than five (5) years.

39 Miss. Admin. Code Pt. 4, R. 101 Rule 101

Compliance with tariffs implementing a renewable energy program described above and the execution and filing of a power purchase agreement shall be deemed sufficient to satisfy any certificate requirements subject to Commission jurisdiction and authority.

39 Miss. Admin. Code Pt. 4, R. 102 Rule 102

Public Schools participating in any solar for public schools program are admonished to treat any savings or revenues as supplementing, not supplanting, school budgets related to educational expenses and investments focused on the classroom, such as classroom supplies.

39 Miss. Admin. Code Pt. 4, R. 103 Rule 103

EUs should be allowed to recover all reasonable and prudent costs incurred by them and resulting rates shall reflect on a prospective basis the reduction in energy sales volume that will result from all distributed generation. EUs all shall be allowed to recover all investments relating to this rule and any programs discussed above, including an opportunity to earn a reasonable return thereon. Such investments shall include, but not be limited to, equipment, incentives, marketing and delivery, direct installation costs, and any administration costs.

Chapter 07 CONSUMER PROTECTIONS

39 Miss. Admin. Code Pt. 4, R. 100 Rule 100

In an effort to foster continued monitoring and consideration of the fairness and efficacy of this rule, representatives of the Commission, the Mississippi Public Utilities Staff, the Office of the Mississippi Attorney General, and other qualified stakeholders shall meet annually to identify and discuss issues related to net generation that may warrant further Commission attention and/or review. Members of the Commission Staff and Public Utilities Staff who participated in the working group shall present any joint recommendations on such issues to the Commission by January 30th each year.

39 Miss. Admin. Code Pt. 4, R. 101 Rule 101

In order to offer all customers some level of consumer protection, any entity interacting with customers in any transaction or proposed transaction related to this rule or any program or implementing tariff associated herewith, including but not limited to solar developers and solar installers, shall take the following actions, as applicable:

1. Must file with the Commission a point of contact to whom the Commission may direct customer complaints for resolution;

2. Must register with the Secretary of State to do business in Mississippi and list a registered agent for service of process; and

3. Must file annually with the Commission, and provide a copy to the consumer protection division of the Office of the Mississippi Attorney General, any marketing material with attestation to its accuracy.

Chapter 08 REOPENER

39 Miss. Admin. Code Pt. 4, R. 100 Rule 100

The Commission may revisit this rule five years from its effective date.

Chapter 02 Definitions

39 Miss. Admin. Code Pt. 4, R. 100 Rule 100

“Adverse System Impact” means a negative effect, due to technical or operational limits on conductors or equipment being exceeded, that compromises the safety and reliability of the EDS.

39 Miss. Admin. Code Pt. 4, R. 101 Rule 101

“Applicable Laws and Regulations” means all duly promulgated and applicable federal, state and local laws, regulations, rules, ordinances, codes, decrees, judgments, directives, or judicial or administrative orders, permits and other duly authorized actions of any Governmental Authority.

39 Miss. Admin. Code Pt. 4, R. 102 Rule 102

“Certificate of Completion” means a certificate in a completed form approved by the Commission containing information about the Interconnection Equipment to be used, its installation and local inspections.

39 Miss. Admin. Code Pt. 4, R. 103 Rule 103

“Certified Interconnection Equipment” or “Certified Equipment” or “Certified” means a designation that the Interconnection Equipment meets the following requirements:

1. The Interconnection Equipment has been tested by a Nationally Recognized Testing Laboratory (NRTL) recognized by the United States Occupational Safety and Health Administration (OSHA) in accordance with the following relevant codes and standards:

a. IEEE 1547.1 Standard for Conformance Tests Procedures for Equipment Interconnecting Distributed Resources with Electric Power Systems; and

b. Underwriters Laboratories (“UL”), UL 1741 Inverters, Converters, and Controllers for Use in Independent Power Systems;

2. The Interconnection Equipment shall meet the requirements of the most current approved version of each code and standard listed above, as amended and supplemented at the time the Interconnection Request is submitted to be deemed Certified;

3. The Interconnection Equipment has been labeled and is publicly listed by such NRTL at the time of the interconnection application;

4. The Interconnection Customer verifies that the intended use of the Interconnection Equipment falls within the use or uses for which the Interconnection Equipment is labeled and is listed by the NRTL;

5. If the Interconnection Equipment is an integrated equipment package such as an inverter, then the Interconnection Customer shall show that the generator or other electric source being utilized is compatible with the Interconnection Equipment and is consistent with the testing and listing specified for this type of Interconnection Equipment;

6. If the Interconnection Equipment includes only interface components (switchgear, multi-function relays, or other interface devices), an Interconnection Customer shall demonstrate that the generator or other electric source being utilized is compatible with the Interconnection Equipment and is consistent with the testing and listing specified for this type of Interconnection Equipment; and

7. Certified Interconnection Equipment shall not require further design testing or Production Testing, as specified by IEEE Standard 1547 Sections 5.1 and 5.2, or additional Interconnection Equipment modification to meet the requirements. However, nothing herein shall preclude the need for an on-site Witness Test or operational test by the Interconnection Customer.

39 Miss. Admin. Code Pt. 4, R. 104 “Commission” means the Mississippi Public Service Commission

39 Miss. Admin. Code Pt. 4, R. 105 Rule 105

“Commissioning Tests” means the tests applied to a DGF by an Interconnection Customer after construction is completed to verify that the DGF does not create Adverse System Impacts. At a minimum, the scope of the Commissioning Tests performed shall include the commissioning test specified by IEEE Standard 1547 section 5.4 “Commissioning Tests.”

39 Miss. Admin. Code Pt. 4, R. 106 Rule 106

“Distributed Generator Facility” or “DGF” means the equipment used by an Interconnection Customer to generate or store electricity that operates in Parallel with the EDS. A DGF typically includes an electric generator, prime mover, and the Interconnection Equipment required to safely interconnect with the EDS or local electric power system.

39 Miss. Admin. Code Pt. 4, R. 107 Rule 107

“Distribution System Upgrade” means a required addition or modification to the EU's EDS at or beyond the Point of Common Coupling (PCC) to accommodate the interconnection of a DGF. Distribution System Upgrades do not include Interconnection Facilities.

39 Miss. Admin. Code Pt. 4, R. 108 Rule 108

“Electric Utility” or “EU” means an electric public utility that distributes electricity to customers and is subject to the jurisdiction of the Commission pursuant to the provisions of Mississippi Code Annotated §§ 77-3-1, et seq.

39 Miss. Admin. Code Pt. 4, R. 109 Rule 109

“Electric Distribution System” or “EDS” means the facilities and equipment used to transmit electricity to ultimate usage points such as homes and industries from interchanges with higher voltage transmission networks that transport bulk power over longer distances. The voltage levels at which EDSs operate differ among areas but generally carry less than 69 kilovolts of electricity. EDS has the same meaning as the term Area EPS, as defined in 3.1.6.1 of IEEE Standard 1547.

39 Miss. Admin. Code Pt. 4, R. 110 Rule 110

“Facilities Study” means an engineering study conducted by the EU to determine the required modifications to the EU’s EDS, including the cost and the time required to build and install such modifications as necessary to accommodate an Interconnection Request.

39 Miss. Admin. Code Pt. 4, R. 111 Rule 111

“Fault Current” means the electrical current that flows through a circuit during an electrical fault condition. A fault condition occurs when one or more electrical conductors contact ground or each other. Types of faults include phase to ground, double-phase to ground, three-phase to ground, phase-to-phase, and three-phase.

39 Miss. Admin. Code Pt. 4, R. 112 Rule 112

“Feasibility Study” means a study performed to identify the existence of obvious adverse impacts before additional studies are undertaken for the proposed project to continue in the process.

39 Miss. Admin. Code Pt. 4, R. 113 Rule 113

“Governmental Authority” mean any federal, state, local or other governmental regulatory or administrative agency, court, commission, department, board, or other governmental subdivision, legislature, rulemaking board, tribunal, or other governmental authority having jurisdiction over the Parties, their respective facilities, or the respective services they provide, and exercising or entitled to exercise any administrative, executive, police, or taxing authority or power; provided, however, that such term does not include the Interconnection Customer, EU or any affiliate thereof.

39 Miss. Admin. Code Pt. 4, R. 114 Rule 114

“IEEE Standard 1547” means the Institute of Electrical and Electronics Engineers, Inc. (IEEE) Standard 1547 (2003) ''Standard for Interconnecting Distributed Resources with Electric Power Systems,'' as amended and supplemented at the time the Interconnection Request is submitted.

39 Miss. Admin. Code Pt. 4, R. 115 Rule 115

“IEEE Standard 1547.1” means the IEEE Standard 1547.1 (2005) ''Conformance Test Procedures for Equipment Interconnecting Distributed Resources with Electric Power Systems,'' as amended and supplemented at the time the Interconnection Request is submitted.

39 Miss. Admin. Code Pt. 4, R. 116 Rule 116

“Interconnection Agreement” or “Agreement” means a form of interconnection agreement approved by the Commission which is applicable to Interconnection Requests pertaining to DGFs. The agreement between the Interconnection Customer and the EU governs the connection of the DGF to the EU’s EDS, as well as the ongoing operation of the DGF after it is connected to the EU’s EDS.

39 Miss. Admin. Code Pt. 4, R. 117 Rule 117

“Interconnection Application” or “Application” means a form of interconnection application approved by the Commission which is applicable to Interconnection Requests pertaining to DGFs. This application provides the information needed by the EU to review the request for interconnection. For the Level 1 review process, the Application and Agreement are part of the same document.

39 Miss. Admin. Code Pt. 4, R. 118 Rule 118

“Interconnection Customer” means an entity that submits an Interconnection Request for a DGF to an EU's EDS.

39 Miss. Admin. Code Pt. 4, R. 119 Rule 119

“Interconnection Equipment” means a group of equipment, components, or an integrated system connecting an electric generator with a local electric power system or an EDS that includes all interface equipment including switchgear, protective devices, inverters or other interface devices. Interconnection equipment may be installed as part of an integrated equipment package that includes a generator or other electric source.

39 Miss. Admin. Code Pt. 4, R. 120 Rule 120

“Interconnection Facilities” means facilities and equipment required by the EU to accommodate the interconnection of a DGF. Collectively, Interconnection Facilities include all facilities and equipment between the DGF and the PCC, including modification, additions, or upgrades that are necessary to physically and electrically interconnect the DGF to the EDS. Interconnection facilities are sole use facilities and do not include Distribution System Upgrades.

39 Miss. Admin. Code Pt. 4, R. 121 Rule 121

“Interconnection Request” means an Interconnection Customer's request, in the form of an Application approved by the Commission, requesting the interconnection of a new DGF, or to increase the capacity or modify operating characteristics of an existing approved DGF that is interconnected with the EU's EDS.

39 Miss. Admin. Code Pt. 4, R. 122 Rule 122

“Line Section” means that portion of an EU's distribution system connected to an Interconnection Customer, bounded by automatic sectionalizing devices or the end of the distribution line.

39 Miss. Admin. Code Pt. 4, R. 123 Rule 123

“Local Electric Power System” or “Local EPS” means facilities that deliver electric power to a load that are contained entirely within a single premises or group of premises. Local electric power system has the same meaning as the term local electric power system defined in 3.1.6.2 of IEEE Standard 1547.

39 Miss. Admin. Code Pt. 4, R. 124 Rule 124

“Minor Equipment Modification” means changes to the DGF that do not have a material impact on safety or reliability of the EDS.

39 Miss. Admin. Code Pt. 4, R. 125 Rule 125

“Mississippi Distributed Generation Interconnection Rule (MDGIR)” means the most current version of the procedures for interconnecting Distributed Generator Facilities adopted by the Mississippi Public Service Commission.

39 Miss. Admin. Code Pt. 4, R. 126 Rule 126

“Nameplate Capacity” means the maximum rated output of a generator, prime mover, or other electric power production equipment under specific conditions designated by the manufacturer and is usually indicated on a nameplate physically attached to the power production equipment.

39 Miss. Admin. Code Pt. 4, R. 127 Rule 127

“Nationally Recognized Testing Laboratory” or “NRTL” means a qualified private organization that meets the requirements of the Occupational Safety and Health Administration's (OSHA) regulations. NRTLs perform independent safety testing and product certification. Each NRTL shall meet the requirements as set forth by OSHA in the NRTL program.

39 Miss. Admin. Code Pt. 4, R. 128 Rule 128

“Parallel Operation” or “Parallel” means the sustained state of operation over 100 milliseconds, which occurs when a DGF is connected electrically to the EDS and thus has the ability for electricity to flow from the DGF to the EDS.

39 Miss. Admin. Code Pt. 4, R. 129 Rule 129

“Point of Common Coupling” or “PCC” means the point where the DGF is electrically connected to the EDS. Point of common coupling has the same meaning as defined in 3.1.13 of IEEE Standard 1547.

39 Miss. Admin. Code Pt. 4, R. 130 Rule 130

“Primary Line” means a distribution line rated at greater than 600 volts.

39 Miss. Admin. Code Pt. 4, R. 131 Rule 131

“Production Test” means production test as defined in IEEE Standard 1547.

39 Miss. Admin. Code Pt. 4, R. 132 Rule 132

“Queue Position” means the order of a valid Interconnection Request, relative to all other pending valid Interconnection Requests, that is established based upon the date and time of receipt of the valid Interconnection Request by the EU.

39 Miss. Admin. Code Pt. 4, R. 133 Rule 133

“Radial Distribution Circuit” means a circuit configuration where independent feeders branch out radially from a common source of supply. From the standpoint of a utility system, the area described is between the generating source or intervening substations and the customer’s entrance equipment. A radial distribution system is the most common type of connection between a utility and load in which power flows in one direction from the utility to the load.

39 Miss. Admin. Code Pt. 4, R. 134 Rule 134

“Scoping Meeting” means a meeting between representatives of the Interconnection Customer and EU conducted for the purpose of discussing alternative interconnection options, exchanging information including any EDS data and earlier study evaluations that would be reasonably expected to impact interconnection options, analyzing information, and determining the potential feasible points of interconnection.

39 Miss. Admin. Code Pt. 4, R. 135 Rule 135

“Secondary Line” means a service line subsequent to the Primary Line that is rated for 600 volts or less, also referred to as the customer’s service line.

39 Miss. Admin. Code Pt. 4, R. 136 Rule 136

“System Impact Study” means a study that identifies the electric system impacts that would result if the proposed DGF were interconnected without DGF modifications or EDS modifications, focusing on the Adverse System Impacts identified in the Feasibility Study.

39 Miss. Admin. Code Pt. 4, R. 137 Rule 137

“UL Standard 1741” means Underwriters Laboratories' standard titled ''Inverters Converters, and Controllers for Use in Independent Power Systems,” as amended and supplemented at the time the Interconnection Request is submitted.

39 Miss. Admin. Code Pt. 4, R. 138 Rule 138

“Witness Test” means verification (through on-site observation) by the EU that the installation evaluation required by IEEE Standard 1547 Section 5.3 and the Commissioning Test required by IEEE Standard 1547 Section 5.4, have been adequately performed. For Interconnection Equipment that has not been Certified, the Witness Test shall also include the verification by the EU of the on-site design tests as required by IEEE Standard 1547 Section 5.1 and verification by the EU of Production Tests required by IEEE Standard 1547 Section 5.2. All tests verified by the EU are to be performed in accordance with the applicable test procedures specified by IEEE Standard 1547.1.

Chapter 03 INTERCONNECTION REQUESTS, FEES, AND FORMS

39 Miss. Admin. Code Pt. 4, R. 100 Rule 100

Interconnection Customers seeking to interconnect a DGF shall submit an Interconnection Request to the EU that owns the EDS to which interconnection is sought, using an application approved by the Commission. Electronic versions of such Commission-approved Application forms shall be posted on the EU’s website. The EU shall establish processes for accepting Interconnection Requests electronically, specifically through online submission. Such online submission portal should include, at a minimum, information on interconnection times and procedures, a repository of relevant forms that allow for electronic entry of text, an application status tracker, and a searchable interconnection queue that is updated on a regular basis.

39 Miss. Admin. Code Pt. 4, R. 101 Rule 101

When an Interconnection Customer is not currently a customer of the EU at the proposed PCC, upon request from the EU, the Interconnection Customer shall provide proof of site control evidenced by a property tax bill, deed, lease agreement, or other legally binding contract.

39 Miss. Admin. Code Pt. 4, R. 102 Rule 102

Interconnection fees shall be governed as follows for all Interconnection Requests and shall be published on each EU’s website:

1. An EU may not charge an application, or other fee, to an applicant that requests Level 1 interconnection review. However, if an application for Level 1 interconnection review is denied because it does not meet the requirements for Level 1 interconnection review and the applicant resubmits the application under another review procedure in accordance with the MDGIR, the EU may impose a fee for the resubmitted application, consistent with this section.

2. For a Level 2 interconnection review, the EU may charge fees of up to $50.00 plus $1.00 per kilowatt of the customer-generator facility's capacity, plus the reasonable cost of any required minor modifications to the electric distribution system or additional review. Costs for such minor modifications or additional review will be based on the EU's non-binding, good faith estimates and the ultimate actual installed costs. Costs for engineering work done as part of any additional review will not exceed $100.00 per hour.

3. For a Level 3 interconnection review, the EU may charge fees of up to $100.00 plus $2.00 per kilowatt of the customer-generator facility's capacity, as well as charges for actual time spent on any required impact or facilities studies. Costs for engineering work done as part of an impact study or interconnection facilities study will not exceed $100.00 per hour. If the EU must install facilities in order to accommodate the interconnection of the customer generating facility, the cost of such facilities will be the responsibility of the applicant.

39 Miss. Admin. Code Pt. 4, R. 103 Rule 103

When the EU determines that an Interconnection Request is complete, a modification of DGF design by the Interconnection Customer other than a Minor Equipment Modification that is not agreed to in writing by the EU shall require submission of a new Interconnection Request.

Chapter 04 INTERCONNECTION REVIEW LEVELS

39 Miss. Admin. Code Pt. 4, R. 100 Rule 100

The EU shall review Interconnection Requests using one of the three levels of review procedures established below. The EU shall first use the level of DGF Agreement specified by the Interconnection Customer in the Application. The EU may not impose additional requirements not specifically authorized unless the EU and the Interconnection Customer mutually agree to do so in writing.

39 Miss. Admin. Code Pt. 4, R. 101 Rule 101

When an Interconnection Request is for an increase in capacity for an existing DGF, the Interconnection Request shall be evaluated on the basis of the new total Nameplate Capacity of the DGF.

39 Miss. Admin. Code Pt. 4, R. 102 Rule 102

When an Interconnection Request is for a DGF that includes multiple energy production devices at a site for which the Interconnection Customer seeks a single PCC, the Interconnection Request shall be evaluated on the basis of the aggregate Nameplate Capacity of the multiple devices.

Chapter 05 LEVEL 1 INTERCONNECTION REVIEWS

39 Miss. Admin. Code Pt. 4, R. 100 Rule 100

The EU shall use Level 1 review procedures to evaluate Interconnection Requests when:

1. The DGF is inverter-based;

2. The DGF has a Nameplate Capacity of 20 kW or less; and

3. The Interconnection Equipment proposed for the DGF is Certified.

39 Miss. Admin. Code Pt. 4, R. 101 Rule 101

For Level 1 Interconnection Review, the EU shall first evaluate the potential for Adverse System Impacts using the following screens, which must be satisfied:

1. For interconnection of a proposed DGF to a Line Section on a Radial Distribution Circuit, the aggregated generation on the Line Section, including the proposed DGF, shall not exceed 15% of the Line Section annual peak load.

2. When a proposed DGF is to be interconnected to a single-phase shared Secondary Line, the aggregate generation capacity on the shared Secondary Line, including the proposed DGF, may not exceed 20 kW.

3. When a proposed DGF is single-phase and is to be interconnected to a center tap neutral of a 240 volt service, its addition may not create an imbalance between the two sides of the 240 volt service of more than 20% of the nameplate rating of the service transformer.

4. Construction of facilities by the EU on its own system is not required to accommodate the DGF.

39 Miss. Admin. Code Pt. 4, R. 102 Rule 102

The Level 1 Interconnection Review shall then be conducted in accordance with the following procedures:

1. An EU shall, within 10 business days after receipt of the Interconnection Request, inform the Interconnection Customer in writing or by electronic mail that the Interconnection Request is complete or incomplete and indicate what, if any, materials are missing.

2. When an Interconnection Request is complete, the EU shall assign a Queue Position.

3. The EU shall, within 15 business days after notifying a Level 1 applicant that the application is complete, indicate that the DGF equipment meets all Level 1 criteria, verify the DG can be interconnected safely and reliably using Level 1 screens, and provide a conditionally approved Level 1 Interconnection Application Form and Agreement to the Interconnection Customer.

39 Miss. Admin. Code Pt. 4, R. 103 Rule 103

Unless the EU determines and demonstrates to the Interconnection Customer that a DGF cannot be interconnected safely or reliably to its system and provides a letter to the Interconnection Customer explaining its reasons for denying an Interconnection Request, the EU’s final approval of the Interconnection Agreement is subject to the following conditions: 1. ‘The DGF has been approved by local or municipal electric code officials with jurisdiction over the interconnection;

2. The EU has received the required information on the Certificate of Completion from the Interconnection Customer. Completion of local inspections may be designated on inspection forms used by local inspecting authorities; and

3. The EU has completed its Witness Test in accordance with the MDGIR.

39 Miss. Admin. Code Pt. 4, R. 104 Rule 104

Within 10 business days of the estimated commissioning date indicated on the Interconnection Request, the EU shall, upon reasonable notice and at a mutually convenient time, conduct a Witness Test of the DGF to ensure that all equipment has been appropriately installed and that all electrical connections have been made in accordance with applicable codes.

39 Miss. Admin. Code Pt. 4, R. 105 Rule 105

When a DGF is not approved under a Level 1 review, the Interconnection Customer may submit a new Interconnection Request for consideration under Level 2 or Level 3 procedures.

Chapter 06 LEVEL 2 INTERCONNECTION REVIEWS

39 Miss. Admin. Code Pt. 4, R. 100 Rule 100

The EU shall use the Level 2 Interconnection Review procedure to evaluate an Interconnection Request when:

1. The DGF has a Nameplate Capacity rating of 2 MW or less;

2. The Interconnection Equipment proposed for the DGF is Certified; and

3. The aggregated total of the Nameplate Capacity of all of the generators on the circuit, including the proposed DGF, is 2 MW or less.

39 Miss. Admin. Code Pt. 4, R. 101 Rule 101

No construction of facilities by an EU shall be required to accommodate the DGF, except as permitted by an additional review for minimal modifications of the EDS, as described in these Level 2 procedures.

39 Miss. Admin. Code Pt. 4, R. 102 Rule 102

For Level 2 Interconnection Review, the EU first shall evaluate the potential for Adverse System Impacts using the following screens, which must be satisfied:

1. For interconnection of a proposed DGF to a radial distribution circuit, the aggregated generation on the Line Section, including the proposed DGF, may not exceed 15% of the Line Section annual peak load.

2. The proposed DGF, in aggregation with other generation on the distribution circuit, may not contribute more than 10% to the distribution circuit's maximum Fault Current at the point on the Primary Line nearest the Point of Common Coupling (PCC).

3. The proposed DGF, in aggregate with other generation on the distribution circuit, may not cause any distribution protective devices and equipment (including

substation breakers, fuse cutouts, and line reclosers), or other customer equipment on the EDS to be exposed to Fault Currents exceeding 87.5% of the short circuit interrupting capability. The Interconnection Request may not receive approval for interconnection on a circuit that already exceeds 87.5% of the short circuit interrupting capability.

4. When a DGF is to be connected to three-phase, three-wire primary EU distribution lines, a three-phase or single-phase generator shall be connected phase-to-phase.

5. When a DGF is to be connected to three-phase, four-wire primary EU distribution lines, a three-phase or single-phase generator shall be connected line-to-neutral and shall be effectively grounded.

6. When the proposed DGF is to be interconnected on a single-phase shared Secondary Line, the aggregate generation capacity on the shared Secondary Line, including the proposed DGF, shall not exceed 20 kW.

7. When a proposed DGF is single-phase and is to be interconnected on a center tap neutral of a 240 volt service, its addition may not create an imbalance between the two sides of the 240 volt service of more than 20% of the nameplate rating of the service transformer.

8. A DGF, in aggregate with other generation interconnected to the distribution side of a substation transformer feeding the circuit where the DGF proposes to interconnect, may not exceed 10 MW in an area where there are known or posted transient stability limitations to generating units located in the general electrical vicinity.

9. No construction of facilities by an EU on its own system shall be required to accommodate the DGF.

39 Miss. Admin. Code Pt. 4, R. 103 Rule 103

The Level 2 Interconnection Review shall then be conducted in accordance with the following procedures:

1. An EU shall, within 10 business days after receipt of the Interconnection Request, inform the Interconnection Customer in writing or by electronic mail that the Interconnection Request is complete or incomplete and indicate what, if any, materials are missing. As part of this process, the EU shall assign a Queue Position. The Queue Position of the Interconnection Request shall be used to determine the potential Adverse System Impact of the DGF based on the relevant screening criteria. If there are higher queued Interconnection Requests on the same radial line circuit, the EU shall evaluate the Interconnection Requests by performing any Level 2 screens requiring aggregate capacity calculations and determine if the DGF in combination with the higher queued Interconnection Requests exceeds any of the aggregate capacity requirements. If an aggregate capacity requirement is exceeded, the EU shall notify the Interconnection Customer and shall not be obligated to meet

the timeline for reviewing the Interconnection Request until such time as the EU has completed the review of all other Interconnection Requests that have a higher Queue Position and impact the aggregate capacity calculation that has been exceeded.

2. At the time an EU determines additional information is required to complete an evaluation, the EU shall request the information. The time necessary to complete the evaluation may be extended by mutual agreement of the parties, but only to the extent of the time required for receipt of the additional information. During an extension of time to submit additional information, the EU may not alter the Interconnection Customer's Queue Position.

3. Within 20 business days after the EU notifies the Interconnection Customer that it has received a completed Interconnection Request, the EU shall:

a. Evaluate the Interconnection Request using the Level 2 screening criteria;

b. Review any analysis provided by the Interconnection Customer, using the same criteria used by the customer; and

c. Provide the Interconnection Customer with the EU's evaluation, including a comparison of the results of its own analyses with those of Interconnection Customer, if applicable. When an EU does not have a record of receipt of the Interconnection Request and the Interconnection Customer can demonstrate that the original Interconnection Request was delivered, the EU shall expedite its review to complete the evaluation of the Interconnection Request within 20 business days of the Interconnection Customer's re-submittal.

39 Miss. Admin. Code Pt. 4, R. 104 Rule 104

The EU shall provide the Interconnection Customer a DGF Interconnection Agreement within 5 business days of its determination that the Interconnection Request passes the Level 2 screening criteria.

39 Miss. Admin. Code Pt. 4, R. 105 Rule 105

When a DGF has failed to meet one or more of the Level 2 screens, the EU shall offer to perform additional review for minimal modifications of the EDS to determine whether minimal modifications to the EDS would enable the interconnection to be made consistent with safety, reliability and power quality criteria. The EU shall provide the Interconnection Customer with a nonbinding, good faith estimate of the costs of additional review for minimal modifications of the EDS. The EU shall undertake the additional review for minimal modifications of the EDS or the modifications only after the Interconnection Customer consents to pay for the review and modifications.

39 Miss. Admin. Code Pt. 4, R. 106 Rule 106

If the DGF fails one or more of the Level 2 screening criteria but the EU determines that minimal modifications to the EDS would enable the DGF to interconnect safely and

reliably, the EU shall provide the Interconnection Customer a DGF Interconnection Agreement within 5 business days of making that determination.

39 Miss. Admin. Code Pt. 4, R. 107 Rule 107

If the EU finds that the DGF cannot be interconnected with minimal modifications to the EDS, the EU shall provide the Interconnection Customer a letter explaining its reasons for denying the Interconnection Request. The Interconnection Customer may submit a new Interconnection Request for consideration under a Level 3 interconnection review.

39 Miss. Admin. Code Pt. 4, R. 108 Rule 108

An Interconnection Customer shall have 30 business days to sign and return the Agreement. When an Interconnection Customer does not sign the DGF Interconnection Agreement within 30 business days, the Interconnection Request shall be deemed withdrawn unless the Interconnection Customer requests in writing prior to the expiration of the 30 business day period to extend the deadline. The EU may not unreasonably deny the request for extension.

39 Miss. Admin. Code Pt. 4, R. 109 The DGF Interconnection Agreement shall not become final until:

5. The milestones agreed to in the DGF Interconnection Agreement are satisfied;

6. The DGF is approved by electric code officials with jurisdiction over the interconnection;

7. The Interconnection Customer provides a Certificate of Completion to the EU. Completion of local inspections may be designated on inspection forms used by local inspecting authorities; and

8. The Witness Test was successfully completed per the terms and conditions found in the Agreement.

39 Miss. Admin. Code Pt. 4, R. 110 Rule 110

If the DGF is not approved under a Level 2 review, the EU shall provide the Interconnection Customer a letter explaining its reasons for denying the Interconnection Request. The Interconnection Customer may submit a new Interconnection Request for consideration under a Level 3 interconnection review. The Queue Position assigned to the Level 2 Interconnection Request shall be retained provided the request is made within 15 business days of notification that the current Interconnection Request is denied.

Chapter 07 LEVEL 3 INTERCONNECTION REVIEWS

39 Miss. Admin. Code Pt. 4, R. 100 Rule 100

The EU shall use the Level 3 review procedure to evaluate an Interconnection Request when the Interconnection Customer requests Level 3 review.

39 Miss. Admin. Code Pt. 4, R. 101 Rule 101

The Level 3 review shall be conducted in accordance with the following process:

1. An EU shall, within 10 business days of receipt of an Interconnection Request, inform the Interconnection Customer in writing or by electronic means that the

Interconnection Request is complete or incomplete and indicate what, if any, materials are missing.

2. When the Interconnection Request is deemed not complete, the EU shall provide the Interconnection Customer with a written list detailing information required to complete the Interconnection Request. The Interconnection Customer shall have 10 business days to provide appropriate data in order to complete the Interconnection Request, or the Interconnection Request shall be considered withdrawn. The parties may agree to extend the time for receipt of the additional information. The Interconnection Request shall be deemed complete when the required information has been provided by the Interconnection Customer, or the parties have agreed that the Interconnection Customer may provide additional information at a later time.

3. When an Interconnection Request is complete, the EU shall assign a Queue Position. The Queue Position of an Interconnection Request shall be used to determine the cost responsibility necessary for the facilities to accommodate the interconnection. The EU shall notify the Interconnection Customer about other higher-queued Interconnection Customers that have the potential to impact the cost responsibility.

4. Level 3 Scoping Meetings shall be conducted as follows:

a. By mutual agreement of the parties, the Scoping Meeting, interconnection Feasibility Study, interconnection System Impact Study, or interconnection Facilities Study provided for in a Level 3 review may be waived;

b. If agreed to by the parties, a Scoping Meeting shall be held within 10 business days, or other mutually agreed to time, after the EU has notified the Interconnection Customer that the Interconnection Request is deemed complete, The purpose of the meeting shall be to review the Interconnection Request, existing studies relevant to the Interconnection Request, and the results of the Level 1 or Level 2 screening criteria;

c. When the parties agree at a Scoping Meeting that an interconnection Feasibility Study shall be performed, the EU shall provide to the Interconnection Customer, no later than 5 business days after the Scoping Meeting, an interconnection Feasibility Study agreement, including an outline of the scope of the study and a nonbinding good faith estimate of the cost to perform the study;

d. When the parties agree at a Scoping Meeting that an interconnection Feasibility Study is not required, the EU shall provide to the Interconnection Customer, no later than 5 business days after the Scoping Meeting, an interconnection System Impact Study agreement, including

an outline of the scope of the study and a nonbinding good faith estimate of the cost to perform the study; and

e. When the parties agree at the Scoping Meeting that an interconnection Feasibility Study and System Impact Study are not required, the EU shall provide to the Interconnection Customer, no later than 5 business days after the Scoping Meeting, an interconnection Facilities Study agreement including an outline of the scope of the study and a nonbinding good faith estimate of the cost to perform the study.

5. Any required interconnection studies shall be carried out using the following guidelines:

a. An interconnection Feasibility Study shall include the following analyses and conditions for the purpose of identifying and addressing potential Adverse System Impacts to the EU's EDS that would result from the interconnection:

b. Initial identification of any circuit breaker short circuit capability limits exceeded as a result of the interconnection;

c. Initial identification of any thermal overload or voltage limit violations resulting from the interconnection;

d. Initial review of grounding requirements and system protection;

e. Description and nonbinding estimated cost of facilities required to interconnect the DGF to the EU's EDS in a safe and reliable manner; and

f. Additional evaluations at the expense of the Interconnection Customer, when an Interconnection Customer requests that the interconnection Feasibility Study evaluate multiple potential points of interconnection.

6. An interconnection System Impact Study shall evaluate the impact of the proposed interconnection on both the safety and reliability of the EU's EDS. The study shall identify and detail the system impacts that result when the proposed DGF is interconnected without project or system modifications, focusing on the Adverse System Impacts identified in the interconnection Feasibility Study and potential impacts including those identified in the Scoping Meeting. The study shall consider all generating facilities that, on the date the interconnection System Impact Study is commenced, are directly interconnected with the EU's system, have a pending higher Queue Position to interconnect to the system, and have a signed a DGF Interconnection Agreement.

a. An interconnection System Impact Study shall be performed when the interconnection Feasibility Study identifies a potential distribution system

Adverse System Impact. The EU shall send the Interconnection Customer an interconnection System Impact Study agreement within 5 business days of transmittal of the interconnection Feasibility Study report. The agreement shall include an outline of the scope of the study and a good faith estimate of the cost to perform the study. The System Impact Study shall include:

i. A load flow study; ii. Identification of affected systems; iii. An analysis of equipment interrupting ratings; iv. A protection coordination study; v. Voltage drop and flicker studies; vi. Protection and set point coordination studies; vii. Grounding reviews; and viii. Impact on system operation.

b.An interconnection System Impact Study shall consider the following criteria:

i. A short circuit analysis; ii. A stability analysis; iii. Alternatives for mitigating Adverse System Impacts on affected systems; iv. Voltage drop and flicker studies; v. Protection and set point coordination studies; and vi. Grounding reviews.

c. The interconnection System Impact Study shall provide the following:

i. The underlying assumptions of the study; ii. The results of the analyses; iii. A list of any potential impediments to providing the requested interconnection service; iv. Required Distribution System Upgrades; and v. A nonbinding good faith estimate of cost and time to construct any required Distribution System Upgrades.

d.The parties shall use an interconnection System Impact Study agreement approved by the Commission.

7. The interconnection Facilities Study shall be conducted as follows:

a. Within 5 business days of completion of the interconnection System Impact Study, the EU shall send a report to the Interconnection Customer with an interconnection Facilities Study agreement, which includes an

outline of the scope of the study and a nonbinding good faith estimate of the cost to perform the study;

b.The interconnection Facilities Study shall estimate the cost of the equipment, engineering, procurement and construction work including overheads needed to implement the conclusions of the interconnection Feasibility Study and the interconnection System Impact Study to interconnect the DGF. The interconnection Facilities Study shall identify:

i. The electrical switching configuration of the equipment, including transformer, switchgear, meters and other station equipment; ii. The nature and estimated cost of the EU's Interconnection Facilities and Distribution System Upgrades necessary to accomplish the interconnection; and iii. An estimate of the time required to complete the construction and installation of the facilities;

c. The parties may agree to permit an Interconnection Customer to separately arrange for a third party to design and construct the required Interconnection Facilities. The EU may review the design of the facilities under the interconnection Facilities Study agreement. When the parties agree to separately arrange for design and construction and to comply with security and confidentiality requirements, the EU shall make all relevant information and required specifications available to the Interconnection Customer to permit the Interconnection Customer to obtain an independent design and cost estimate for the facilities, which shall be built in accordance with the specifications;

d. Upon completion of the interconnection Facilities Study, and with the agreement of the Interconnection Customer to pay for the Interconnection Facilities and Distribution System Upgrades identified in the interconnection Facilities Study, the EU shall provide the Interconnection Customer with a DGF Interconnection Agreement within 5 business days; and

8. When an EU determines, as a result of the interconnection studies conducted under a Level 3 review, that it is appropriate to interconnect the DGF, the EU shall provide the Interconnection Customer with a DGF Interconnection Agreement. If the Interconnection Request is denied, the EU shall provide a written explanation setting forth the reasons for denial;

9. An Interconnection Customer shall have 30 business days from receipt of the DGF Interconnection Agreement, unless another mutually agreeable time frame is reached, to sign and return the DGF Interconnection Agreement to the EU. If an

Interconnection Customer does not sign the DGF Interconnection Agreement within 30 business days, the Interconnection Request shall be deemed withdrawn unless the Interconnection Customer requests in writing, prior to the expiration of the 30 business-day period, to extend the deadline. The EU may not unreasonably deny the request for extension. When construction is required, the interconnection of the DGF shall proceed according to milestones agreed to by the parties in the DGF Interconnection Agreement. The DGF Interconnection Agreement may not be final until:

a. The milestones agreed to in the DGF Interconnection Agreement are satisfied;

b. The DGF is approved by electric code officials with jurisdiction over the interconnection;

c. The Interconnection Customer provides a Certificate of Completion to the EU. Completion of local inspections may be designated on inspection forms used by local inspecting authorities; and

d. The Witness Test was successfully completed per the terms and conditions found in the Agreement.

39 Miss. Admin. Code Pt. 4, R. 102 Rule 102

An interconnection System Impact Study is not required when the interconnection Feasibility Study concludes there is no Adverse System Impact, or when the study identifies an Adverse System Impact, but the EU is able to identify a remedy without the need for an interconnection System Impact Study.

39 Miss. Admin. Code Pt. 4, R. 103 Rule 103

The parties shall use a form of interconnection Feasibility Study agreement approved by the Commission.

Chapter 08 TECHNICAL STANDARDS

39 Miss. Admin. Code Pt. 4, R. 100 Rule 100

The technical standard to be used in evaluating all Interconnection Requests under Level 1, Level 2, and Level 3 reviews, unless otherwise provided for in these procedures, is IEEE Standard 1547. IEEE 1547.2, “Application Guide for IEEE 1547 Standard for Interconnecting Distributed Resources with Electric Power Systems,” shall be used as a guide (but not a requirement) to detail and illustrate the interconnection protection requirements that are provided in IEEE 1547.

Chapter 09 POINT OF COMMON COUPLING

39 Miss. Admin. Code Pt. 4, R. 100 Rule 100

To minimize the cost of interconnecting multiple DGFs, the EU or the Interconnection Customer may propose a single PCC for multiple DGFs located at a single site. If the Interconnection Customer rejects the EU’s proposal for a single PCC, the Interconnection Customer shall pay the additional cost, if any, of providing a separate PCC for each DGF. If the EU rejects the customer’s proposal for a single PCC without providing a written

technical explanation, the EU shall pay the additional cost, if any, of providing a separate PCC for each DGF.

Chapter 10 RECORDS AND REPORTS

39 Miss. Admin. Code Pt. 4, R. 100 Rule 100

An EU shall maintain records of the following for a minimum of 3 years:

1. The total number of and the Nameplate Capacity of the Interconnection Requests received, approved and denied under Level 1, Level 2, and Level 3 reviews;

2. The number of Interconnection Requests that were not processed within the timelines established in this rule;

3. The number of Scoping Meetings held and the number of feasibility studies, impact studies, and facility studies performed and the fees charged for these studies;

4. The justifications for the actions taken to deny Interconnection Requests; and

39 Miss. Admin. Code Pt. 4, R. 101 Rule 101

An EU shall provide a report to the Commission containing the information required in paragraphs (a)-(d) above, on or before February 1st within 90 calendar days of the close of each year.

Chapter 11 INFORMATION FOR PROSPECTIVE INTERCONNECTIONCUSTOMERS

39 Miss. Admin. Code Pt. 4, R. 100 Rule 100

An EU shall designate a contact person and contact information on its website and for the Commission’s website for submission of all Interconnection Requests and from whom information on the Interconnection Request process and the EU's EDS can be obtained regarding a proposed DGF. The information shall include studies and other materials useful to an understanding of the feasibility of interconnecting a DGF at a particular point on the EU's EDS, except to the extent that providing the materials would violate security requirements or confidentiality agreements, or otherwise would be contrary to Mississippi or federal law and regulations. In appropriate circumstances, the EU may require execution of a confidentiality agreement prior to release of information about the EU’s EDS.

39 Miss. Admin. Code Pt. 4, R. 101 Rule 101

When the EU determines that an Interconnection Request is complete, a modification of DGF design by the Interconnection Customer other than a Minor Equipment Modification that is not agreed to in writing by the EU shall require submission of a new Interconnection Request.

Chapter 12 ADDITIONAL TECHNICAL REQUIREMENTS

39 Miss. Admin. Code Pt. 4, R. 100 Rule 100

DGFs shall be capable of being isolated from the EU. For Level 2 and Level 3 interconnection, the isolation shall be by means of a lockable, visible-break isolation device whose status is clearly indicated and is accessible by the EU. The isolation device

shall be installed, owned and maintained by the owner of the DGF and located between the DGF and the PCC. A draw-out type circuit breaker with a provision for padlocking at the draw-out position can be considered an isolation device for purposes of this requirement. A draw-out type circuit breaker has a switching device capable of making, carrying and breaking currents under normal and abnormal circuit conditions such as those of a short circuit. A draw-out circuit breaker can be physically removed from its enclosure creating a visible break in the circuit. For the purposes of these regulations, the draw-out circuit breaker shall be capable of being locked in the open, draw-out position. Level 1 interconnections do not require an external isolation device.

39 Miss. Admin. Code Pt. 4, R. 101 Rule 101

A Level 2 or Level 3 Interconnection Customer may elect to provide the EU access to an isolation device that is contained in a building or area that may be unoccupied and locked or not otherwise readily accessible to the EU, by installing a lockbox provided by the EU that shall provide ready access to the isolation device. The Interconnection Customer shall install the lockbox in a location that is readily accessible by the EU, and the Interconnection Customer shall permit the EU to affix a placard in a location of its choosing that provides clear instructions to EU operating personnel on access to the isolation device. In the event that the Interconnection Customer fails to comply with the terms of this subsection and the EU needs to gain access to the isolation device, the EU shall not be held liable for any damages resulting from any necessary EU action to isolate the Interconnection Customer.

39 Miss. Admin. Code Pt. 4, R. 102 Rule 102

Any metering necessitated by a DGF shall be installed, operated and maintained in accordance with applicable tariffs. Any such metering requirements shall be clearly identified as part of the DGF Interconnection Agreement executed by the Interconnection Customer and the EU.

39 Miss. Admin. Code Pt. 4, R. 103 Rule 103

The EU shall design, procure, construct, install, and own any Distribution System Upgrades. The actual cost of the Distribution System Upgrades, including overheads, shall be directly assigned to the Interconnection Customer. The Interconnection Customer may be entitled to financial contribution from any other EU customers who may in the future utilize the upgrades paid for by the Interconnection Customer. Such contributions shall be governed by the rules, regulations, and decisions of the Commission.

39 Miss. Admin. Code Pt. 4, R. 104 Rule 104

The Interconnection Customer shall design its DGF to maintain a composite power delivery at continuous rated power output at the Point of Common Coupling at a power factor within the power factor range required by the EU’s applicable tariff for a comparable load customer. EU may also require the Interconnection Customer to follow a voltage or VAR schedule if such schedules are applicable to similarly situated generators in the control area on a comparable basis and have been approved by the Commission. The specific requirements for meeting a voltage or VAR schedule shall be clearly specified in Attachment 3 of the “Mississippi Distributed Generator Interconnection Rule Level 2 and Level 3 Agreement for Interconnection of Distributed Generator Facilities.” Under no circumstance shall these additional requirements for

voltage support or reactive power exceed the normal operating capabilities of the DGF. The requirements in this paragraph may be additional to requirements in IEEE 1547.

Chapter 13 DISPUTES

39 Miss. Admin. Code Pt. 4, R. 100 Rule 100

A party shall attempt to resolve all disputes regarding interconnection as provided in the MDGIR promptly, equitably, and in a good faith manner.

39 Miss. Admin. Code Pt. 4, R. 101 Rule 101

When a dispute arises, a party may seek immediate resolution through complaint procedures available through the Commission by providing written notice to the Commission and the other party stating the issues in dispute.

39 Miss. Admin. Code Pt. 4, R. 102 Rule 102

When disputes relate to the technical application of the MDGIR, the Commission may designate a technical consultant to resolve the dispute. Upon Commission designation, the parties shall use the technical consultant to resolve disputes related to interconnection. Costs for dispute resolution conducted by the technical consultant shall be established by the technical consultant and subject to review by the Commission. The EU and the Interconnection Customer shall share equally the costs of an outside arbitrator unless they mutually agree to a different payment arrangement.

39 Miss. Admin. Code Pt. 4, R. 103 Rule 103

Pursuit of dispute resolution shall not affect an Interconnection Customer with regard to consideration of an Interconnection Request or an Interconnection Customer's Queue Position.

Chapter 01 Introduction

39 Miss. Admin. Code Pt. 4, R. 101 Rule 101

The Mississippi Renewable Energy Net Metering Distributed Generation Rule (MDGRMDGR) sets forth technical and procedural requirements for Net Metering on qualified Distributed Generator Facilities (DGFs). These DGFs are also subject to the requirements of the Mississippi Distributed Generator Interconnection Rule (MDGIR).

Chapter 02 DEFINITIONS

39 Miss. Admin. Code Pt. 4, R. 100 Rule 100

“Billing Period” means the monthly billing period used by an Electric Utility (EU) to measure usage and any excess energy exported by a DGF to the EU, and to bill customers.

39 Miss. Admin. Code Pt. 4, R. 101 “Avoided Cost of Wholesale Power” means the cost to an EU

of electric energy that the EU would generate itself or purchase from another source, such as from an organized wholesale power market, but for the purchase from a Renewable Energy Net Metered Distributed Generation Interconnection Customer (RENMIC DGIC). In essence, the avoided cost is the marginal cost to produce or purchase one more unit of electrical energy. When a RENMICDGIC delivers electricity to an EU, the EU will reduce the equivalent amount of electricity that either is generated at its most expensive operating plant that is not running for reliability purposes or is purchased from an organized wholesale power market. For power generated by an EU, the cost avoided consists of the cost of fuel needed to produce that electricity and the corresponding portion of the plant’s operation and maintenance costs and shall include an appropriate average line loss adjustment. For DGICs with solar PV systems, the Avoided Cost of Wholesale Power and the corresponding average line loss adjustment shall reflect the daytime energy production of a solar PV system. No capacity credit is given as part of the calculation of Avoided Cost of Wholesale Power. For an EU that is a member of a regional transmission organization (RTO), the Avoided Cost of Wholesale Power shall be the average real-time locational marginal price (LMP) calculated by the RTO for the EU’s load zone(s). Such LMP may be adjusted to reflect the daytime energy production of a solar PV system and shall include an appropriate average line loss adjustment. For DGICs with solar PV systems, such LMP and the corresponding average line loss adjustment shall reflect the daytime energy production of a solar PV system.

An EU is an electric utility within the meaning of Miss. Code Ann. section 77-3-3(d)(i) (Supp 2014).

39 Miss. Admin. Code Pt. 4, R. 102 Rule 102

“Non-Quantifiable Expected Benefits Distributed Generation Value” means an temporary adjustment to be included in the Total Benefits Value of Distributed Generation for benefits of distributed generation that, while expected to occur, are currently non-quantifiable or difficult to quantify. The Non-Quantifiable Expected Benefits Distributed Generation Value shall be equal to no more than 2.5 cents per kilowatt hour, unless and until modified upward or downward based on Mississippi- specific data, by separate Order of the Commission, and after full notice and hearing. for no longer than three (3) years after the effective date of this rule, which shall serve as a proxy for the Actual Benefits of Distributed Generation further defined below. To provide sufficient financial certainty to qualifying customers that install DGFs, this Distributed Generation Value shall remain in place for a period of twenty-five (25) years from the date the customer begins taking net generation service under the EU’s net generation tariff.

39 Miss. Admin. Code Pt. 4, R. 103 Rule 103

“Actual Benefits of Distributed Generation” means actual, quantifiable benefits realized by installed distributed generation over and above the Avoided Cost of Wholesale Power, which shall be calculated based upon information derived from the report of a third party consultant chosen by the Commission (further described below) and the experience of the utilities since implementation of this rule, as well as any additional information that may be available in the industry at that time. The calculation of the Actual Benefits of Distributed Generation shall replace the temporary Non-Quantifiable Expected Benefits no later than three (3) years following the effective date of this rule.

39 Miss. Admin. Code Pt. 4, R. 103 Rule 103

“Low-to-Moderate Income Benefits Adder” means an additional amount to be included in the Total Value Benefits of Distributed Generation that shall flow to the first 1,000 qualifying customers whose household income is at or below 200225% of the federal poverty level (or similar requirement proposed by the EU to be approved by the Commission) who is approved to take service under the EU’s net metering generation tariff. Beginning with the effective date of this rule, the Low-to-Moderate Income Benefits Adder shall be equal to 2 cents per kilowatt hour. To provide sufficient financial certainty to qualifying low-to-moderate income customers that install DGFs, this Low-to-Moderate Income Benefits Adder shall remain in place for a period of twenty-five (25) fifteen (15) years from the date the a qualified DGIC customer begins taking net metering service under the EU’s net generation metering tariff.

39 Miss. Admin. Code Pt. 4, R. 104 Rule 104

“Total Benefits Value of Distributed Generation” means the total amount – expressed in cents per kilowatt hour - that shall be credited to EU customers as a result of excess energy exported by a DGF to the EU, which shall include the Avoided Cost of Wholesale Power plus the Distributed Generation Value Non-Quantifiable Expected Benefits Adder or the Actual Benefits of Distributed Generation, plus, if applicable, the Low-to-Moderate Income Benefits Adder, as further outlined in this rule.

39 Miss. Admin. Code Pt. 4, R. 105 Rule 105

“Exit Fee” means a fee that is paid by a customer that reduces load by using a DGF and is intended to compensate the EU in whole or part for the loss of fixed cost contribution

from that customer. Exit fees are not allowed under this Rule, unless otherwise approved by the Commission.

39 Miss. Admin. Code Pt. 4, R. 106 Rule 106

“Renewable Energy Net Metered Distributed Generation Interconnection Customer” or “RENMICDGIC” is any electricity customer, such as an industrial, large commercial, residential or small commercial customer, that generates electricity on the customer’s side of the meter using a Renewable Energy source. The electricity customer must own or lease the DGF producing the Renewable Energy on the electricity customer’s side of the meter in order to qualify as a RENMICDGIC under this MDGR, unless otherwise approved by the Commission.

39 Miss. Admin. Code Pt. 4, R. 107 Rule 107

“Net Generation Metering” means measuring the real-time kilowatt-hours supplied by the EU to the RENMICDGIC and the kilowatt-hours produced by the RENMICDGIC’s DGF and exported to the EU over the applicable Billing Period. Net generation metering includes the real-time displacement of kilowatt-hours that otherwise would be provided by the EU by kilowatt-hours that were generated by the RENMICDGIC’s DGF. An EU may employ a multi-channel meter for separately measuring the RENMICDGIC’s electric usage and excess energy exported to the EU. Special metering requirements are obviated with the use of advanced metering infrastructure or “smart meters.”

39 Miss. Admin. Code Pt. 4, R. 108 Rule 108

“Renewable Energy” means electric energy produced from solar technologies, wind energy, geothermal technologies, wave or tidal action, hydro-power facilities, hydrogen, and biomass. Any energy derived from fossil fuels is not considered renewable and does not qualify under the MDGR.

39 Miss. Admin. Code Pt. 4, R. 109 Rule 109

“Biomass” means a power source that is comprised of combustible solids or gases from forest products, manufacturing waste, or byproducts; products from agricultural and orchard crops; waste or co-products from livestock and poultry operations; waste or byproducts from food processing; urban wood waste; municipal liquid waste treatment operations; and landfill gas.

Chapter 03 NET METERING GENERATION REQUIREMENTS

39 Miss. Admin. Code Pt. 4, R. 100 Rule 100

This MDGR sets forth the Net Metering Generation requirements that apply to EUs that have customers who self-generate electricity with Renewable Energy on the customer’s side of the EU’s meter that wish to Net Meter, as indicated by the customer on the Standard Application. These customers are referred to as RENMICDGIC s in this Rule.

39 Miss. Admin. Code Pt. 4, R. 101 Rule 101

All EUs shall offer Net Metering Generation to any customer that seeks to generate electricity on the customer’s side of the EU’s meter using Renewable Energy sources, provided:

1. For residential customers, Net Generation Metering nameplate direct current capacity of the aggregated DGFs at the customer’s premises shall be limited to the

lesser of 110% of the customer’s annual peak demand or 20 kW and shall meet the requirements of the MDGIR;

2. For non-residential customers, Net Generation Metering nameplate direct current capacity for the aggregate DGFs at the customer’s premises shall be limited to the lesser of 110% of the customer’s annual peak demand or 2 MW and shall meet the requirements of the MDGIR.

3. In cases where Battery Energy Storage Systems (“BESS”) are paired with a DGF, the capacity of the BESS will not affect the total nameplate capacity limits of a customer’s DGF under this MDGR.

39 Miss. Admin. Code Pt. 4, R. 102 Rule 102

EUs may refuse additional net generation metering requests if the total net generation metering direct current capacity in kW, as reported through these requirements, exceeds at any time 3 percent of the EU’s total system peak demand expressed in kW recorded during the prior calendar year.

39 Miss. Admin. Code Pt. 4, R. 103 Rule 103

Each EU shall develop a tariff for Net Generation Metering and interconnection policies in concordance with this MDGR and the MDGIR. Each EU shall make Net Generation Metering available to eligible RENMICDGICs on a first-come, first-served basis until such time as the aforementioned cap has been reached.

39 Miss. Admin. Code Pt. 4, R. 104 Rule 104

An EU shall provide Net Generation Metering at non-discriminatory rates that are identical, with respect to rate structure and level, retail rate components, and any monthly fixed charges, to the rates that a RENMICDGIC would be charged if not a RENMICDGIC, unless otherwise approved by the Commission.

39 Miss. Admin. Code Pt. 4, R. 105 Rule 105

In each Billing Period, energy supplied to the RENMICDGIC from the EU as recorded on the EU’s bi-directional net meter or smart meter will be billed using appropriate commission-approved rate and rider schedules. This provision means that energy self- supplied by the RENMICDGIC, up to the amount supplied from the EU to the RENMICDGIC (e.g., through the recording of meter Channel 1) will be credited to the RENMICDGIC at the full retail rate (i.e., effectively displacing energy supplied from the EU). During that same Billing Period, any excess energy supplied from the RENMICDGIC to the EU and recorded on the EU’s bi-directional net meter in kWh (e.g., through meter Channel 2) will be credited on the RENMICDGIC’s bill at the applicable Total Benefits Value of Distributed Generation expressed in cents per kWh and shall be accounted for through the EU’s fuel adjustment clause. The customer’s monthly bill will be the total of billing for any usage (i.e., as recorded on meter Channel 1) subject to any customer charge and/or minimum bill provisions in the EU’s rate and rider schedules less any credit due to the customer from excess energy exported to the EU (i.e., as recorded on meter Channel 2). If the sum total of the monthly bill is negative, any such amount will be carried over to the next Billing Period and applied to any charges arising during the subsequent Billing Period.

39 Miss. Admin. Code Pt. 4, R. 106 Rule 106

Beginning with the effective date of this rule, Total Benefits Value of Distributed Generation shall temporarily be equal to the Avoided Cost of Wholesale Power plus the Distributed Generation Value Non-Quantifiable Expected Benefits. Further, the Distributed Generation Value Non-Quantifiable Expected Benefits shall be equal to 2.5 cents/kWh, unless and until modified upward or downward based on Mississippi- specific data, by separate Order of the Commission, and after full notice and hearing. which may be modified downward at any time by order of this Commission, should the Commission find it is in the public interest to do so. Within sixty (60) days of the effective date of this rule, each EU shall file with the Commission revised net generation metering tariffs consistent with the provisions of this revised rule for consideration and approval by the Commission.

39 Miss. Admin. Code Pt. 4, R. 107 Rule 107

In the calculation of Total Benefits of Distributed Generation, Non-Quantifiable Expected Benefits shall be replaced and subsumed by Actual Benefits of Distributed Generation no later than three (3) years following the effective date of this rule. In order to develop a calculation for Actual Benefits of Distributed Generation within that three-year timeframe, the Commission shall cause a study to be performed by an independent consultant beginning no earlier than one year after the effective date of this rule, the costs of which shall be paid by each EU whose rates are regulated by the Commission under the Mississippi Public Utilities Act, §§ 73-3-1 et seq., and recovered through each such EU’s net metering tariff. Said independent consultant will work collaboratively with the utilities and gather information from other stakeholders to provide the Commission with guidance in developing a calculation of benefits that can be demonstrated to have been realized and quantified as a result of the adoption of distributed generation in Mississippi. No later than three (3) years from the effective date of this rule, the Commission shall instruct each EU to file modifications to their net metering tariffs to reflect a calculation of Actual Benefits of Distributed Generation consistent with conclusions of the study and data provided by the EUs.

39 Miss. Admin. Code Pt. 4, R. 107 Rule 107

Each new Billing Period shall begin with zero kWh credits to the RENMICDGIC; however, subject to the provisions above, the customer may carry over any value of energy credit arising from the prior Billing Period(s). When a customer closes his or her account with the EU, if the RENMICDGIC has accumulated a dollar balance as a result of excess energy delivered to the EU, any such balance, net of costs owed to the EU, shall be paid to the RENMICDGIC.

39 Miss. Admin. Code Pt. 4, R. 108 Rule 108

Credit for any excess energy exported to the EU shall not be applied to reduce any fixed monthly customer charges or minimum bill provisions imposed by the EU under Commission-approved rate and rider schedules.

39 Miss. Admin. Code Pt. 4, R. 109 Rule 109

An EU shall offer a RENMICDGIC the choice of a time differentiated energy tariff rate or a non-time-differentiated energy tariff rate, if the EU offers the choice to customers in the same rate class as the RENMICDGIC. If a RENMICDGIC uses a retail billing arrangement that has time- differentiated rates, the EU shall net any production from the DGFs against the customer’s consumption within the same time-of-use period in the

Billing Period and any excess energy exported to the EU will be credited as described above.

39 Miss. Admin. Code Pt. 4, R. 110 Rule 110

Any renewable energy credits (RECs) created by the RENMICDGIC are and shall remain the property of the RENMICDGIC, unless otherwise approved by the Commission. The EU shall not charge any back-up, standby, or Exit Fees to a RENMICDGIC, unless otherwise approved by the Commission.

39 Miss. Admin. Code Pt. 4, R. 111 Rule 111

An EU shall not charge a RENMICDGIC any fee or charge, or require additional equipment, insurance or any other requirement, unless the fee, charge, or other requirement is specifically authorized in this MDGR or the MDGIR, or the fee would apply to other customers in the same rate class that are not RENMICDGICs, or unless otherwise approved by the Commission.

39 Miss. Admin. Code Pt. 4, R. 112 Rule 112

All RENMICDGICs must be electrically interconnected with their EU pursuant to the provisions of the MDGIR. All rules and regulations for interconnected DGFs within the MDGIR apply to RENMICDGICs. Any Distribution System Upgrades, including additional equipment needed that is associated with the export of electricity, shall be at the RENMICDGIC’s expense, per the MDGIR.

39 Miss. Admin. Code Pt. 4, R. 113 Rule 113

As a further requirement under this rule, each Each EU shall file with the Commission within three months of the effective date of this revised rule the EU’s plan inform its customers, whether through a website, a bill insert, or other form of communication, of the opportunities available under the MDGR to interconnect DGFs and receive compensation for excess energy delivered to the grid.

39 Miss. Admin. Code Pt. 4, R. 114 Rule 114

Nothing in this document shall abrogate any person's obligation to comply with all applicable Federal or State laws, rules or regulations, including the MDGIR.

Chapter 04 METERS AND METERING

39 Miss. Admin. Code Pt. 4, R. 100 Rule 100

A RENMICDGIC shall be equipped with metering equipment that can measure the flow of electricity in each direction at the same time. This is typically may be accomplished through the use of advanced metering infrastructure, or a single bi- directional meter that records customer usage as well as excess energy exported to the EU (e.g., energy supplied to the customer net of the output of the RENMICDGIC is measured on Channel 1 and excess energy supplied by the RENMICDGIC to the EU in excess of the customer’s requirements is measured on Channel 2).

39 Miss. Admin. Code Pt. 4, R. 101 Rule 101

An EU may choose to use an existing electric revenue meter if the following criteria are met:

1. The meter is capable of measuring the flow of electricity both into and out of the RENMICDGIC at the same time; and

2. The meter is accurate to within plus or minus five percent when measuring excess energy flowing from the RENMICDGIC to the EU.

39 Miss. Admin. Code Pt. 4, R. 102 Rule 102

If the RENMICDGIC’s existing electric revenue meter does not meet the requirements above, the EU shall install a new revenue meter for the RENMICDGIC, at the RENMICDGIC’s expense, within 10 business days after the interconnection agreement is executed and approved. If the EU offers a time-differentiated rate chosen by the RENMICDGIC, the meter shall have the capability to appropriately record energy flows in each direction during any time-differentiated period.

39 Miss. Admin. Code Pt. 4, R. 103 Rule 103

Any subsequent revenue meter change will be at the EU’s expense, meaning such meter expense will not be charged to an individual RENMICDGIC but shall become part of the EU’s overall cost of service and subsequent revenue requirement.

Chapter 05 REPORTING REQUIREMENTS

39 Miss. Admin. Code Pt. 4, R. 100 Rule 100

Each EU with one or more RENMICDGICs connected to its grid shall submit to the Mississippi Public Service Commission a Net Generation Metering report within 90 days of the end on or before March 1st of each calendar year. The report shall include the following information regarding RENMICDGICs during the reporting period:

1. The total energy expressed in kilowatt-hours supplied to the EU’s grid by RENMICDGICs and a description of any estimation methodology used;

2. The total number of RENMICDGICs that were paid for excess energy exported to the EU at the end of any Billing Period(s) during the prior calendar year;

3. The total dollar amount by month that the EU paid to RENMICDGICs for excess energy exported to the EU during the prior calendar year;

4. The total number of net generation metering DGFs by resource type that were interconnected at the end of the prior calendar year;

5. The total rated nameplate direct current generating capacity of net metering generation DGFs installed during the prior calendar year broken out by resource type; and

6. The percentage of the EU’s total system peak demand from the prior calendar year represented by the total rated nameplate direct current generating capacity of net metering generation DGFs.

7. The total number of DGICs who received the Low-to-Moderate Income Benefits Adder that calendar year.

39 Miss. Admin. Code Pt. 4, R. 101 Rule 101

For purposes of these reporting requirements, any estimates shall be made using Commission-approved protocols unless no such protocols are available, in which case the estimates shall be accompanied by detailed calculations demonstrating how the estimates were made.

Chapter 06 CUSTOMER PROGRAMS

39 Miss. Admin. Code Pt. 4, R. 100 Rule 100

While the Commission recognizes that it cannot order an EU to construct or acquire specific resources, the Commission finds that economic benefits warrant reasonably incentivizing energy independence through cost reductions for renewable energy for K- 12 public schools through power purchase agreements, renewable energy for low-to- moderate income residential customers and residential battery storage systems that can accommodate and are compatible with any existing or future EU demand side management or demand response programs. Any renewable energy for public school programs or low-to-moderate income residential renewable energy programs will be subject to the three percent (3%) participation cap described, previously, herein; however, nothing herein prevents an EU from extending these programs if it chooses. These programs should begin on January 1, 2023, and should continue for no more than five (5) years.

39 Miss. Admin. Code Pt. 4, R. 101 Rule 101

Compliance with tariffs implementing a renewable energy program described above and the execution and filing of a power purchase agreement shall be deemed sufficient to satisfy any certificate requirements subject to Commission jurisdiction and authority.

39 Miss. Admin. Code Pt. 4, R. 102 Rule 102

Public Schools participating in any solar for public schools program are admonished to treat any savings or revenues as supplementing, not supplanting, school budgets related to educational expenses and investments focused on the classroom, such as classroom supplies.

39 Miss. Admin. Code Pt. 4, R. 103 Rule 103

EUs should be allowed to recover all reasonable and prudent costs incurred by them and resulting rates shall reflect on a prospective basis the reduction in energy sales volume that will result from all distributed generation. EUs all shall be allowed to recover all investments relating to this rule and any programs discussed above, including an opportunity to earn a reasonable return thereon. Such investments shall include, but not be limited to, equipment, incentives, marketing and delivery, direct installation costs, and any administration costs.

Chapter 076 SAFETY AND CONSUMER PROTECTION WORKING GROUP CONSUMER PROTECTIONS

39 Miss. Admin. Code Pt. 4, R. 100 Rule 100

In an effort to foster continued monitoring and consideration of the fairness and efficacy of this rule, order to ensure adequate safeguards for safety and consumer protection, a the joint working group shall be established between representatives of the Commission, the Mississippi Public Utilities Staff, the Office of the Mississippi Attorney General, and other qualified stakeholders, as identified and requested by the

working group. Prior to January 1, 2017, the working group shall establish and present to the Commission an initial set of consumer protection and safety standards and guidelines related to the installation and use of distributed generation systems. Thereafter, the working group shall reconvene as necessary to discuss additional issues related to net metering as they arise, and to present shall meet annually to identify and discuss issues related to net generation that may warrant further Commission attention and/or review. Members of the Commission Staff and Public Utilities Staff who participated in the working group shall present any joint any recommendations on such issues to the Commission by January 30th each year.

39 Miss. Admin. Code Pt. 4, R. 101 Rule 101

In order to offer all customers some level of consumer protection, any entity interacting with customers in any transaction or proposed transaction related to this rule or any program or implementing tariff associated herewith, including but not limited to solar developers and solar installers, shall take the following actions, as applicable:

a. Must file with the Commission a point of contact to whom the Commission may direct customer complaints for resolution;

b. Must register with the Secretary of State to do business in Mississippi and list a registered agent for service of process; and

c. Must file annually with the Commission, and provide a copy to the consumer protection division of the Office of the Mississippi Attorney General, any marketing material with attestation to its accuracy.

Chapter 087 REOPENER

39 Miss. Admin. Code Pt. 4, R. 101 Rule 101

Five years from the effective date of this Rule, the Commission shall open a new docket to assess the efficacy and functionality of the MDGR, and make any subsequent revisions or modifications of the Rule that may be deemed necessary at that time. The Commission may revisit this Rule five years from its effective date.

Part 5 Testing of Natural Gas Piping Systems in School Facilities

Chapter 02 Definitions

39 Miss. Admin. Code Pt. 5, R. 100 Rule 100

“Natural Gas Supplier” means an individual or company that sells and delivers natural gas to a school facility. If more than one (1) individual or company sells and delivers natural gas to a school facility, each individual or company is a natural gas supplier for the purposes of this section.

39 Miss. Admin. Code Pt. 5, R. 101 “Commission” means the Mississippi Public Service Commission

39 Miss. Admin. Code Pt. 5, R. 102 Rule 102

“School facility” means all piping, buildings and structures located downstream of a meter measuring gas service in a public, charter or private school in which students receive instruction or participate in school sponsored extracurricular activities, excluding maintenance or bus facilities, administrative offices, and similar facilities not regularly utilized by students.

39 Miss. Admin. Code Pt. 5, R. 103 Rule 103

“Person responsible for a school facility” means, in the case of a public school, the superintendent of the school district or the superintendent’s designee previously specified in writing to the natural gas supplier. In the case of a charter or private school, the principal of the school, or the principal’s designee previously specified in writing to the natural gas supplier.

Chapter 03 Testing and Reporting

39 Miss. Admin. Code Pt. 5, R. 100 Rule 100

A natural gas piping pressure test performed under a municipal code satisfies the pressure testing requirements prescribed by this section.

39 Miss. Admin. Code Pt. 5, R. 101 Rule 101

A pressure test to determine if the natural gas piping in each school facility will hold at least normal operating pressure shall be performed as follows:

1. School facility pipe testing includes all gas piping from the outlet of the purchase meter to each inlet valve of each appliance.

2. The test procedure used must ensure discovery of all potentially hazardous leaks in the segment being tested.

3. For systems on which the normal operating pressure is less than 0.5 psig, the test pressure shall be 5 psig and the time interval shall be thirty (30) minutes.

4. For systems on which the normal operating pressure is 0.5 psig or more, the test pressure shall be 1.5 times the normal operating pressure or 5 psig, whichever is greater, and time interval shall be thirty (30) minutes.

5. A pressure test using normal operating pressure shall be utilized only on systems operating at 5 psig or greater, and the time interval shall be one hour.

39 Miss. Admin. Code Pt. 5, R. 102 The testing shall be conducted by a licensed plumber

39 Miss. Admin. Code Pt. 5, R. 103 Rule 103

During the pressure test, each system supply inlet and outlet in the school facility must be closed.

39 Miss. Admin. Code Pt. 5, R. 104 The testing shall be completed annually, no later than July 1

39 Miss. Admin. Code Pt. 5, R. 105 Rule 105

A person responsible for a school facility shall provide written notice to the natural gas supplier specifying the date and result of each pressure test or inspection no later than July 15, annually. The results of the annual pressure test in any school facility must also be reported to the State Department of Education within thirty (30) days of testing.

39 Miss. Admin. Code Pt. 5, R. 106 Rule 106

If the school facility operates on a year-round calendar, the results of the required pressure testing must be completed and reported to the facility’s natural gas supplier no later than July 1 of the year in which the pressure test is performed.

39 Miss. Admin. Code Pt. 5, R. 107 Rule 107

If any leaks are identified during the test, the firm or individual conducting the test shall immediately report such findings as follows:

1. For all school facilities, an identified natural gas leakage shall be reported to the natural gas supplier and the State Department of Education.

2. In a public school facility, an identified natural gas leakage shall also be reported to the person responsible for the school facility and to the board of trustees of the school district.

3. In a charter or private school facility, an identified natural gas leakage shall also be reported to the person responsible for the school facility.

Chapter 04 Discontinuance of Service

39 Miss. Admin. Code Pt. 5, R. 100 Rule 100

A natural gas supplier shall discontinue service to a school facility if:

1. The natural gas supplier receives written notification, from the firm or individual conducting the test, that a hazardous natural gas leakage or condition has been detected in the facility piping system; or

2. The natural gas supplier does not receive written notification of the date and the results of the test as required by Miss. Code Ann. §§ 77-11-401, et seq. and Chapter 03 of this Rule.

39 Miss. Admin. Code Pt. 5, R. 101 Rule 101

If a natural gas supplier discontinues service pursuant to the provisions of this Rule, the person responsible for the school facility shall notify the Commission of such discontinuance, and the reasons therefore, within fourteen (14) days thereof.

39 Miss. Admin. Code Pt. 5, R. 102 Rule 102

A person responsible for a school facility shall provide written notice to the natural gas supplier confirming that any hazardous natural gas leakage has been repaired or no longer exists in order to resume natural gas service to the school facility.

Chapter 05 Procedures

39 Miss. Admin. Code Pt. 5, R. 100 Natural gas suppliers shall develop procedures for:

1. Receiving and retaining written notice from a person responsible for a school facility specifying the date and result of each test as provided by Chapter 03 of this Rule. The natural gas supplier shall retain a copy of the notice for at least one (1) full year following receipt of the notice.

2. Terminating natural gas service to a school facility in the event that:

a. The natural gas supplier receives notification of a hazardous natural gas leak in the school facility piping system pursuant to this Rule; or

b. The natural gas supplier does not receive written notification specifying the date that testing has been completed on a school facility as provided by Chapter 03 of this Rule, including the results of such testing.

3. A natural gas supplier may rely on a written notification complying with this rule as proof that a school facility is in compliance with Miss. Code Ann. §§ 77-11-401, et seq., and this Rule.

4. A natural gas supplier shall have no duty to inspect a school facility for compliance with Miss. Code Ann. §§ 77-11-401, et seq.

39 Miss. Admin. Code Pt. 5, R. 101 Rule 101

Procedures for Requesting and Receiving Assistance from the Commission: Should a school facility need additional assistance or guidance regarding the development of internal procedures for implementing these testing requirements, the Commission shall provide such assistance as follows:

1. The person responsible for a school facility shall submit a written request for assistance to the Commission on or before March 15 for any pressure test that must be performed prior to the start of the school in the same calendar year.

2. Written requests shall be submitted to the attention of the Division of Pipeline Safety.

3. The written request shall specify the particular ways in which the person responsible for a school facility needs assistance or guidance in implementing the testing requirements of Miss. Code Ann. §§ 77-11-401, et seq., and this Rule.

4. The Commission shall attempt to respond to timely written requests for assistance within three months of receiving the request. Such responses will be provided in writing and to the person responsible for a school facility.

Chapter 06 Records

39 Miss. Admin. Code Pt. 5, R. 100 Rule 100

Each natural gas supplier shall maintain for at least two years a listing of the school facilities to which it sells and delivers natural gas.

39 Miss. Admin. Code Pt. 5, R. 101 Rule 101

Each natural gas supplier shall also maintain copies of the written notification regarding testing in accordance with the provisions of Chapter 03 of this Rule.

UNDERGROUND FACILITIES DAMAGE PREVENTION BOARD UNDERGROUND FACILITIES DAMAGE PREVENTION BOARD

Part 101 Part 101: Underground Facilities Damage Prevention Board Rules

39 Miss. Admin. Code Pt. 101, R. 1.1 This chapter is adopted in compliance with, and under the authority of, Miss

Code Ann. §77-13-31(1)(a).

History

• Source: Miss. Code Ann. §77-13-31

39 Miss. Admin. Code Pt. 101, R. 1.2 Rule 1.2

This chapter establishes rules for the Board and its Executive Committee and for the protection of underground utility facilities pursuant to Title 77, Chapter 13 of the Mississippi Code.

History

• Source: Miss. Code Ann. §77-13-31

39 Miss. Admin. Code Pt. 101, R. 1.3 This chapter shall apply to all persons with duties and obligations under Title 77, Chapter 13 of the Mississippi Code

History

• Source: Miss. Code Ann. §77-13-31

39 Miss. Admin. Code Pt. 101, R. 2.1 Part 101 Subpart 1 Chapter 02: Duties of the Board

The duties of the Board are described in Title 77, Chapter 13 of the Mississippi Code and include, but are not limited to the following:

(1) Enforce the provisions of Title 77, Chapter 13 of the Mississippi Code. (2) Where authorized by the Board, notify the Pipeline Safety Division of the Board’s need for administrative, investigative, and legal support to enforce Title 77, Chapter 13 of the Mississippi Code, and pay the Pipeline Safety Division for the reasonable cost of said services that are not covered by other funding sources including, but not limited to, appropriations or grants. (3) Conduct meetings as described in Miss. Code Ann. § 77-13-29 and the rules adopted by the Board. (4) Elect an Executive Committee from among the Board members as described in Miss. Code Ann. § 77-13-29. (5) Adopt a budget and promulgate rules and regulations to carry out its responsibilities described in Title 77, Chapter 13 of the Mississippi Code. (6) Enter into contracts as the Board deems necessary to carry out its

responsibilities. (7) Manage the Underground Damage Prevention Fund created by Miss. Code Ann. § 77-13-35. (8) Assess and collect funds as described in Miss. Code Ann. § 77-13-31(2)(c), as deemed necessary to carry out its responsibilities. (9) Develop a process for the Executive Committee to investigate allegations that violations have occurred.

History

• Source: Miss. Code Ann. §§ 77-13-27, 29, 31, 33 and 35.

39 Miss. Admin. Code Pt. 101, R. 2.2 Perform any additional duties as may be required by Title 77, Chapter 13 of the Mississippi Code

Part 101 Subpart 1 Chapter 3: Board Organization Rule 3.1 The Board consists of sixteen members, appointed as follows:

(1) By the Governor:

(a) One representative of the telecommunications industry (b) One representative of the electric power industry investor-owned utilities (c) One representative of the cable industry

(2) By the Lieutenant Governor:

(a) One representative of the excavation, utility and/or site construction industry (b) One representative of the Electric Power Associations of Mississippi (c) One representative of the natural gas or liquid transmission industry (d) One representative of the natural gas or liquid distribution industry

(3) By specified entities:

(a) The President of Mississippi 811, Inc., or his designee; (b) The Executive Director of the Mississippi Department of Transportation, or his designee; (c) The Executive Director of the Mississippi Association of Professional Surveyors, Inc., or his designee;

(d) The Executive Director of the Mississippi Association of Supervisors, or his designee; (e) The Executive Director of the Mississippi Municipal League, or his designee; (f) The Executive Director of the Mississippi Homebuilders Association, or his designee; (g) The Chief Executive Officer of the Mississippi Rural Water Association, or his designee; (h) The Executive Director of the American Council of Engineering Companies of Mississippi, or his designee; and (i) One representative of the Pipeline Safety Division, serving as an ex officio, nonvoting member.

History

• Source: Miss. Code Ann. §§ 77-13-27, 29, 31, 33 and 35.
• Source: Miss. Code Ann. § 77-13-29 Part 101 Subpart 1 Chapter 4: Board Member Terms Rule 4.1 The initial term of the appointed members from the telecommunications and the excavation, utility and/or site construction industries shall end December 31, 2017.
• Source: Miss. Code Ann. § 77-13-29

39 Miss. Admin. Code Pt. 101, R. 4.2 Rule 4.2

The initial term of the appointed members from electric power industry investor owned utilities and Electric Power Association of Mississippi shall end December 31, 2019.

History

• Source: Miss. Code Ann. § 77-13-29

39 Miss. Admin. Code Pt. 101, R. 4.3 Rule 4.3

The initial term of the appointed members from the cable, the natural gas or liquid transmission, and the natural gas or liquid distribution industries shall end December 31, 2021.

History

• Source: Miss. Code Ann. § 77-13-29

39 Miss. Admin. Code Pt. 101, R. 4.4 After the expiration of the initial terms, all appointed members shall serve a term of five (5) years

August of even numbered years for the purpose of electing a Chairman, and any other officers it deems necessary.

History

• Source: Miss. Code Ann. § 77-13-29 Part 101 Subpart 1 Chapter 5: Officers Rule 5.1 The Governor shall appoint the initial chairman of the board, and the initial board shall elect other officers as the board deems necessary. The board shall meet in
• Source: Miss. Code Ann. § 77-13-29

39 Miss. Admin. Code Pt. 101, R. 5.2 The officers of the board shall be as follows:

(1) Chairman. The Chairman shall preside at all meetings of the Board and discharge the duties of the presiding officer, shall be the principal executive officer of the Board, may sign contracts and other instruments authorized by the Board, except in cases where the Board shall expressly delegate that authority to another member, and shall perform whatever other duties the Board may from time to time prescribe.

(2) Vice-Chairman. The Vice-Chairman shall, in the absence of the Chairman, perform the duties and exercise the powers of the Chairman. The Vice-Chairman shall also perform whatever duties and have whatever powers the Board may from time to time assign.

(3) Secretary. The Secretary shall attend all meetings of the Board and shall keep or cause to be kept, true and complete minutes of the proceedings of those meetings. The Secretary shall give or cause to be given, notice of all meetings of the Board, shall be the Public Records Compliance Officer and whatever additional duties the Board may from time to time prescribe.

(4) Treasurer. The Treasurer shall keep full and accurate accounts of receipts and disbursements and shall deposit all Board monies and other valuable effects in the name and to the credit of the Board in a depository or depositories designated by the Board. The Treasurer shall disburse the funds of the Board and shall render to the Chairman or the Board, whenever they may require it, an account of the transactions as Treasurer and the financial condition of the Board. Disbursements of the Board shall require two signatures.

(5) Combination of Offices. Nothing herein shall prohibit the combination of the duties of Secretary and Treasurer and those offices being held by one member of the Board.

(6) Other Officers. Such other officers as are created from time to time by the Board shall have such duties as may be assigned to them by the Board in the minutes of meetings duly adopted, or by Resolution of the Board.

History

• Source: Miss. Code Ann. § 77-13-29

39 Miss. Admin. Code Pt. 101, R. 5.3 The term of each office shall be two years

Part 101 Subpart 1 Chapter 6: Board Operations Rule 6.1 Rule Making Authority. The Board shall make such rules and regulation as may be necessary to carry out the provisions of the statute.

History

• Source: Miss. Code Ann. § 77-13-29
• Source: Miss. Code Ann. §§ 77-13-29 and 31

39 Miss. Admin. Code Pt. 101, R. 6.2 Meetings and Notice

The Board shall meet at the location and on the date and time set by the Chairman upon at least five business days’ notice provided by United States mail, electronic mail or personal delivery to every board member. Meeting dates, times, and locations shall be published in the Board’s minutes. The Board shall meet no less than three times each calendar year.

History

• Source: Miss. Code Ann. §§ 77-13-29 and 31

39 Miss. Admin. Code Pt. 101, R. 6.3 Audio Meetings

Any Meeting of the Board may be conducted through the use of any means of communication by which all members participating may simultaneously hear each other during the meeting. A members participating in a meeting by this means is deemed to be present in person at the meeting.

History

• Source: Miss. Code Ann. §§ 77-13-29 and 31

39 Miss. Admin. Code Pt. 101, R. 6.4 Quorum

Eight (8) members of the board shall constitute a quorum.

History

• Source: Miss. Code Ann. §§ 77-13-29 and 31

39 Miss. Admin. Code Pt. 101, R. 6.5 Voting

All members of the Board including the Chairman shall be entitled to vote and to make or second motions. A majority vote of those present is required to pass a motion. A member expecting to be absent for a vote may provide written comments as to his position; however he may not grant a vote by proxy.

History

• Source: Miss. Code Ann. §§ 77-13-29 and 31

39 Miss. Admin. Code Pt. 101, R. 6.6 Action without a Meeting

Any action required or permitted may be taken without a meeting if the action is noticed to all Board Members and approved by a majority of the Members of the Board. The action must be evidenced by one or more written consents describing the action taken, and delivered to the Secretary for inclusion in the minutes or filed with the appropriate records.

History

• Source: Miss. Code Ann. §§ 77-13-29 and 31

39 Miss. Admin. Code Pt. 101, R. 6.7 Robert’s Rules of Order

The Chairman shall conduct each Board meeting in accordance with Robert’s Rules of order. Committee meetings of the Board shall be conducted in a like manner.

History

• Source: Miss. Code Ann. §§ 77-13-29 and 31

39 Miss. Admin. Code Pt. 101, R. 6.8 Presumption of Assent

A member who is present at a meeting of the Board at which action is taken on any matter shall be presumed to have assented to the action taken unless:

(1) Such member objects at the beginning of the meeting (or promptly upon such member’s arrival) to holding or transacting business at the meeting;

(2) Such Member’s dissent or abstention from the action taken is entered in the minutes of the meeting; or

(3) Such Member delivers written notice of such Member’s dissent or abstention to the presiding officer of the meeting immediately after the adjournment of the meeting.

History

• Source: Miss. Code Ann. §§ 77-13-29 and 31

39 Miss. Admin. Code Pt. 101, R. 6.9 Committees of the Board

(1) The Chairman, with concurrence of the Board, may from time to time establish and abolish such committees from among the members of the board as may be deemed necessary, expedient or to contribute to the performance of the duties of the Board. The Chairman shall appoint a Chair for each such committee.

(2) The Chairman, with concurrence of the Board, deems it advantageous or beneficial to the Board, the Chairman may appoint members to a committee who are not members of the Board.

(3) All Committee members shall serve at the pleasure of the Chairman of the Board. A quorum shall be a majority of the committee. The rules relating to the Board shall apply to all committees.

History

• Source: Miss. Code Ann. §§ 77-13-29 and 31 Part 101 Subpart 1 Chapter 7: Declaratory Opinions Rule 7.1 This rule governs the form and content of requests for declaratory opinions, and the Board’s procedures regarding the requests as required by Mississippi Code § 25-43-2.105.
• Source: Miss. Code Ann. § 25-43-2.105.

39 Miss. Admin. Code Pt. 101, R. 7.2 Rule 7.2

Any person with a substantial interest in the matter may request a declaratory opinion from the Board by following the specified procedures. “Substantial interest in the subject matter” means: an individual, business, group, or other entity that is directly affected by the Board’s administration of the law within its primary

jurisdiction. “Primary jurisdiction of the Board” means the Board has a constitutional or statutory grant of authority in the subject matter at issue.

History

• Source: Miss. Code Ann. § 25-43-2.105.

39 Miss. Admin. Code Pt. 101, R. 7.3 The Board will issue a declaratory opinion regarding the applicability to specified facts of:

(1) a statute administered or enforceable by the Board; or

(2) a rule promulgated by the Board.

History

• Source: Miss. Code Ann. § 25-43-2.105.

39 Miss. Admin. Code Pt. 101, R. 7.4 The Board may, for good cause, refuse to issue a declaratory opinion

The circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to:

(1) lack of clarity;

(2) there is pending or anticipated litigation, administrative action, or other adjudication which may either answer the question presented by the request or otherwise make and answer unnecessary;

(3) the statute or rule on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request;

(4) the facts presented in the request are not sufficient to answer the question presented;

(5) the request fails to contain information by these rules or the requestor failed to follow the procedure set forth in these rules;

(6) the request seeks to resolve issues which have become moot, or are abstract or hypothetical such that the requestor is not substantially affected by the statutes or rule on which a declaratory opinion is sought;

(7) no controversy exists concerning the issue as the requestor is not faced with existing facts or those certain to arise which raise a question concerning the application of the statute or rule;

(8) the question presented by the request concerns the legal validity of a statute or rule;

(9) the request is not based upon facts calculated to aid in the planning of future conduct but is, instead, based on past conduct in an effort to establish the effect of that conduct;

(10) clear answer is determinable;

(11) the question presented by the request involves the application of a criminal statute or a set of facts which may constitute a crime;

(12) the answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure;

(13) the question is currently the subject of an Attorney General’s opinion request which has been answered by an Attorney General’s opinion;

(14) a similar request is pending before this Board or any agency or a proceeding is pending on the same subject matter before any agency, administrative or judicial tribunal, or where such an opinion would constitute the unauthorized practice of law;

(15) where issuance of a declaratory opinion may adversely affect the interest of the State, the Board or any of their officers or employees in any litigation which is pending or may reasonably be expected to arise;

(16) the question involves eligibility for a license, permit, certificate, or other approval by the Board or some other agency, and there is a statutory or regulatory application process by which eligibility for said license, permit, certificate, or other approval would be determined.

History

• Source: Miss. Code Ann. § 25-43-2.105.

39 Miss. Admin. Code Pt. 101, R. 7.5 Each request must be printed or typewritten, or legibly handwritten

Each request must be submitted on standard business letter-sized paper (8-1/2 inches by 11 inches). Request may be in the form of a letter addressed to the Board.

History

• Source: Miss. Code Ann. § 25-43-2.105.

39 Miss. Admin. Code Pt. 101, R. 7.6 All requests must be mailed, delivered, or transmitted via facsimile to the Board

The request shall clearly state that it is a request for a declaratory opinion. No oral telephone requests or e-mail requests will be accepted.

History

• Source: Miss. Code Ann. § 25-43-2.105.

39 Miss. Admin. Code Pt. 101, R. 7.7 Each request must include the full name, telephone number, and, mailing address of the requestor

All requests shall be signed by the person filing the request, who shall attest that the request complies with the requirements set forth in these rules, including but not limited to a full, complete, and accurate statement of relevant facts and that there are no related proceedings pending before any other administrative or judicial tribunal.

History

• Source: Miss. Code Ann. § 25-43-2.105.

39 Miss. Admin. Code Pt. 101, R. 7.8 Each request shall contain the following:

(1) a clear and concise statement of all facts on which the opinion is requested;

(2) a citation to the statute or rule at issue;

(3) the question(s) sought to be answered in the opinion, stated clearly;

(4) a suggested proposed opinion from the requestor, stating the answers desired by petitioner and a summary of the reasons in support of those answers;

(5) the identity of all other known persons involved in or impacted by the described factual situation, including their relationship to the facts, name, mailing address, and telephone number; and

(6) a statement to show that the person seeking the opinion has a substantial interest in the subject matter.

History

• Source: Miss. Code Ann. § 25-43-2.105.

39 Miss. Admin. Code Pt. 101, R. 7.9 Rule 7.9

Within forty-five (45) days after the receipt of a request for a declaratory opinion which complies with the requirements of these rules, the Board shall, in writing:

(1) issue a declaratory opinion regarding the specific statute or rule as applied to the specific circumstances;

(2) decline to issue a declaratory opinion, stating the reason for its action; or

(3) agree to issue a declaratory opinion by a specific time but not later than ninety (90) days after receipt of the written request.

History

• Source: Miss. Code Ann. § 25-43-2.105.

39 Miss. Admin. Code Pt. 101, R. 7.10 Rule 7.10

The forty-five (45) day period shall begin on the first State of Mississippi business day on or after the request is received by the Board, whichever is sooner.

History

• Source: Miss. Code Ann. § 25-43-2.105.

39 Miss. Admin. Code Pt. 101, R. 7.11 A declaratory opinion shall not become final until the expiration of sixty (60) days after the issuance of the opinion

Prior to the expiration of sixty (60) days, the Board may, in its discretion, withdraw or amend the declaratory opinion for any reason which is not arbitrary or capricious. Reasons for withdrawing or amending an opinion include, but are not limited to, a determination that the request failed to

meet the requirements of these rules or that the opinion issued contains a legal or factual error.

History

• Source: Miss. Code Ann. § 25-43-2.105.

39 Miss. Admin. Code Pt. 101, R. 7.12 Rule 7.12

The Board may give notice to any person, agency, or entity that a declaratory opinion has been requested and may receive and consider data, facts, arguments, and opinions from other persons, agencies or other entities other than the requestor.

History

• Source: Miss. Code Ann. § 25-43-2.105.

39 Miss. Admin. Code Pt. 101, R. 7.13 Rule 7.13

Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying in accordance with the Public Records Act and the Board’s public records request procedure. All declaratory opinions and request shall be indexed by name and subject. Declaratory opinions and requests which contain information which is confidential or exempt from disclosure under the Mississippi Public Records Act or other laws shall be exempt from the requirements and shall remain confidential.

History

• Source: Miss. Code Ann. § 25-43-2.105.

39 Miss. Admin. Code Pt. 101, R. 7.14 Rule 7.14

Any declaratory opinion rendered by the Board shall be binding only on the Board and the person to whom the opinion is issued. No declaratory opinion will be used as precedent for any transaction or occurrence beyond that set forth by the requesting person.

Part 101 Subpart 1 Chapter 8: Open Records Rule 8.1 Scope. This Rule is adopted pursuant to the requirements of the “Mississippi Public Records Act of 1983”. (Miss. Code Ann. 25-61-1 et seq.) Except as provided or authorized by Miss. Code Ann. 25-61-9, 25-61-11 or as may be otherwise provided by law, all records of the Board are hereby declared to be public property. All persons shall have the right to inspect, copy or mechanically reproduce or obtain a reproduction of such documents as are in the possession of the Board and in accordance with reasonable written procedural rules adopted by the Board.

History

• Source: Miss. Code Ann. § 25-43-2.105.
• Source: Miss. Code Ann. § 25-43-2.105; Miss. Code Ann. §§ 25-61-1, et seq.

39 Miss. Admin. Code Pt. 101, R. 8.2 Informal Requests

It is the policy of the Board to encourage and promote public participation in Board affairs and, toward that end, the Board its desire and intent to promptly honor all requests for access to or copies of all documents in the possession of the Board. Informal requests for information or documents may be made orally or in writing to the Executive Secretary of the Board and all reasonable efforts will be made to comply promptly with such requests.

Informal request shall not be considered as requests made under the provisions of the “Mississippi Public Records Act of 1983”

History

• Source: Miss. Code Ann. § 25-43-2.105; Miss. Code Ann. §§ 25-61-1, et seq.

39 Miss. Admin. Code Pt. 101, R. 8.3 Formal Requests

A formal request for documents may be made to the Board pursuant to the provisions of this rule. The Executive Secretary is designated as the Public Records Compliance Officer.

(1) Form.

(a) Any individual seeking to inspect, copy or mechanically reproduce or obtain a reproduction of any public record of the board should make a written request, signed by themselves to be mailed or hand-delivered to the Executive Secretary, Underground Facilities Damage Prevention Board.

(b) The written request must be typed or clearly hand printed on a letter size piece of paper and shall specify in detail the public record sought. The request should include, if possible, a description of the type of record, dates, title of a publication, and other information which may aid in locating the record.

(c) The written request must specify what the applicant proposes to do with the record, i.e., inspect, copy, etc. state the date and time for the proposed activity; state the number of persons scheduled to participate; and shall provide the name, address, and home and office telephone number of the applicant.

(2) Time. The Executive Secretary, upon receipt of any such request, shall review same and determine whether the records sought are exempt under the Mississippi Public Records Act, and shall either produce records or access to records or deny access to or production of the records sought within seven (7) working days from the date of the receipt of the request for the production of the record. If the Board is unable to produce a public record by the seventh working day after the request is made, the Board will provide a written explanation to the person making the request stating that the record requested will be produced and specifying with particularity why the records cannot be produced within the seven-day period. Unless there is a mutual agreement of the parties, in no event shall the date for the Board’s production of the request records be any later than fourteen (14) working days from the receipt of the original request.

(3) Copying. All inspection, copying or mechanical reproduction shall be done in the offices of the Board or such other reasonable place within the State of Mississippi as may be designated by the Board. It shall be the duty of the applicant to contact the Executive Secretary by phone before

noon of the first working day preceding the proposed date set out in the application to determine if same is acceptable and, if not, what date and/or time will be substituted.

(4) Charges.

(a) The Executive Secretary is authorized to calculate the estimated cost of searching, obtaining from storage, reviewing, shipping and/or duplicating records and to require payment in advance of such estimated charges prior to complying with the request. There shall be reasonable charge to be determined by the Board per page for each copy. Copies printed on both sides (front & back) shall be considered as two pages for copy charge purposes. Mailing cost shall be calculated at the applicable rate for each such mailing. If request involves notice to be given to a third party, the cost of mailing such notice via certified mail return receipt requested shall be charged to the person requesting such public records. In the event the actual cost of such activity exceeds the estimate, the Board is authorized to withhold mailing or delivery of said documents or to delay the inspection until the difference is paid.

(b) There shall be no charge for inspection of the current Board’s records maintained at the Board office. Cost of obtaining records from any state storage facilities and the search for it shall be charged to the applicant.

(c) The Executive Secretary may waive any or all of the foregoing requirements related to written notice, time, and method of access prepayment of expenses whenever the determination is made that such waiver would be in the public interest.

History

• Source: Miss. Code Ann. § 25-43-2.105; Miss. Code Ann. §§ 25-61-1, et seq.

39 Miss. Admin. Code Pt. 101, R. 8.4 Exempt Materials

If the Executive Secretary determines that the records requested are exempt or privileged under the law, she shall deny the request and shall send the person making the request a statement of the specific exemption relied upon by the Board for the denial. Such denials shall be kept on file for inspection by any person for three (3) years. This file shall be made available for inspection or copying or both during regular office hours to any person upon written request.

Part 101 Subpart 1 Chapter 9: Open Meetings Rule 9.1 This rule is adopted pursuant to the Mississippi Open Meetings Law, (Miss Code Ann 25-41-1 et seq.). All meetings and hearings of the Board shall be open to the general public with the exception of executive sessions held in conformity with the

provisions of the MS Code Ann 25-41-7. Members of the general public are welcome to attend meetings of the Board and are subject to the following standards of conduct: (1) Members of the public, who wish to address the Board, are requested to register with the Secretary of the Board. Organized groups must have one (1) spokesperson. (2) Upon request, an individual or spokesperson will be allowed to address the Board. Speaking time will be limited to 10 minutes, but may be extended by the presiding officer. The Board may, at its discretion, limit the number of people who wish to speak on any one issue.

(3) When the Board votes to go into Executive Session, all members of the general public must leave the meeting room.

(4) Members of the general public will behave in a calm, professional manner and will not attempt to directly or indirectly interrupt a meeting of the Board.

(5) Any member of the general public who does not comply with these rules will be asked to leave the meeting, and upon their refusal will be removed from the meeting.

History

• Source: Miss. Code Ann. § 25-43-2.105; Miss. Code Ann. §§ 25-61-1, et seq.
• Source: Miss. Code Ann. § 25-43-2.105; Miss. Code Ann. §§ 25-41-1, et seq.

39 Miss. Admin. Code Pt. 101, R. 9.2 Rule 9.2

If members of the general public require special provisions accommodating a qualifying temporary or permanent disability in order to attend a Board meeting, a written request identifying the disability and the accommodations needed must be submitted to the Secretary prior to the meeting. If said request is not submitted in advance and in a timely manner, the availability of on-site accommodations is not guaranteed.

Part 101 Subpart II: Enforcement Part 101 Subpart 2 Chapter 01: Definitions Rule 1.1 As used within this chapter, these terms denote the following: (1) “Board”, for purposes of this chapter, means the Underground Facilities Damage Prevention Board created by Miss. Code Ann. § 77-13-29. (2) “Citation” means written notification from the Executive Secretary to a Respondent stating that Respondent has been found in violation of Title 77, Chapter 13 of the Mississippi Code, and the notification shall at a minimum include the contents described in Rule T7(A). (3) “Complainant” means the party submitting a complaint that a violation has occurred. (4) “Days” means all days of the week including all weekend days and holidays, unless otherwise noted in these rules. (5) “Emergency” means excavation at times of emergency involving danger to life, health or property or a customer service outage. (6) “Executive Committee” means the executive committee of the Board as described by Miss. Code Ann. § 77-13-29(12). (7) “Executive Secretary” means the executive secretary of the Board. (8) “Investigator” means the person the Executive Committee designates to perform investigative duties, and could include one or more of the following people: an investigator of the Pipeline Safety Division, the Executive Secretary, a member of the Executive Committee, or any other person designated to perform such services. (9) “Mississippi 811” means Mississippi 811, Inc. (10) “Paper hearing” means the submission and consideration of written pleadings, documentary evidence, and written evidence only. (11) “Pipeline Safety Division” means the Pipeline Safety Division of the Mississippi Public Service Commission. (12) “Respondent” means the person or entity that is alleged to have committed a violation. (13) “Service” or “Served” or “Serve” is defined in Miss. Code Ann.

§25-43-1.106(2). (14) “Show cause letter” means a letter from the Executive Committee to a Respondent which includes at a minimum, the contents described in Rule T7(A), and directs a Respondent to show cause why Respondent should not be compelled to comply with the findings of the Executive Committee. (15) “Violation” means any conduct, act, or failure to act, prohibited by Title 77, Chapter 13 of the Mississippi Code.

(2) Investigate allegations of violations in accordance with the rules and procedures promulgated by the Board. (3) Determine whether violations have occurred. (4) Dismiss those complaints in which it determines a violation has not occurred. (5) Upon finding that a violation has occurred, determine and levy penalties, order training, and otherwise take action as described in Miss. Code Ann. § 77-13-27 and the rules promulgated by the Board. (6) Determine whether an investigator is required to investigate allegations that a violation has occurred, and inform the investigator accordingly.

History

• Source: Miss. Code Ann. § 25-43-2.105; Miss. Code Ann. §§ 25-41-1, et seq.
• Source: Miss. Code Ann. § 77-13-31 Part 101 Subpart 2 Chapter 2: Duties of the Executive Committee Rule 2.1 The duties of the Executive Committee are described in Title 77, Chapter 13 of the Mississippi Code and include, but are not limited to the following: (1) Conduct meetings and hearings as described in Miss. Code Ann. § 77-13-29 and the rules promulgated by the Board.
• Source: Miss. Code Ann. §§ 77-13-27, 29, 31 and 33.

39 Miss. Admin. Code Pt. 101, R. 2.2 The Executive Committee shall elect a chairman and vice chairman to serve for one year terms

Part 101 Subpart 2 Chapter 3: Conflicts Of Interest by Members of the Executive Committee Rule 3.1 An Executive Committee member shall not participate in any discussion or vote on any of the following matters:

(1) One in which the Executive Committee member or the member’s employer is the complainant or respondent.

(2) One in which the member reasonably believes that he is unable to act impartially and independently as a result of the circumstances related to an alleged violation.

History

• Source: Miss. Code Ann. §§ 77-13-27, 29, 31 and 33.
• Source: Miss. Code Ann. § 77-13-29 (12)

39 Miss. Admin. Code Pt. 101, R. 3.2 Rule 3.2

An Executive Committee member disqualified from voting on a matter shall notify all members of the Executive Committee of said disqualification, immediately upon discovery that a basis for disqualification exists.

History

• Source: Miss. Code Ann. § 77-13-29 (12) Part 101 Subpart 2 Chapter 4: Initiation of Complaint

39 Miss. Admin. Code Pt. 101, R. 4.1 Rule 4.1

Any complaint that a violation has occurred shall be made as follows: (1) By submitting within sixty (60) days of when the Complainant knew or should reasonably have known of an alleged violation, a completed online complaint form adopted by the Board, which shall include at a minimum: (a) the name, address, telephone number, and email address of the complainant (b) the date, location, and nature of the alleged violation (c) a description of all facts and evidence supporting the complaint (d) documentary and photographic evidence supporting the complaint (e) any other information that the complaining party considers relevant

(2) The alleged violation form shall also include, to the extent known by the Complainant, the name, address, telephone number, and email address of the Respondent

(3) By submitting a complaint in any other method adopted by the Board.

History

• Source: Miss. Code Ann. §§ 77-13-31 and 33.

39 Miss. Admin. Code Pt. 101, R. 4.2 Rule 4.2

The Executive Secretary or other designee of the Executive Committee shall initially review the complaint to ensure that all required information has been provided, and shall within seven days following receipt of a complaint, notify the complainant that the complaint has been received, and of any information or documents missing from the complaint.

History

• Source: Miss. Code Ann. §§ 77-13-31 and 33.

39 Miss. Admin. Code Pt. 101, R. 4.3 The complainant shall have a duty to preserve and maintain all documents and

other evidence in support of the complaint, and shall produce same upon request by the Board or Executive Committee.

History

• Source: Miss. Code Ann. §§ 77-13-31 and 33.

39 Miss. Admin. Code Pt. 101, R. 4.4 Rule 4.4

At any point prior to issuance of a citation or show cause letter, the Complainant may notify the Executive Committee that the alleged violation form is withdrawn, and the Executive Committee will dismiss the matter against the Respondent.

History

• Source: Miss. Code Ann. §§ 77-13-31 and 33.

39 Miss. Admin. Code Pt. 101, R. 5.1 Upon receipt of a submitted complaint, the Executive Committee shall take the following actions:

(1) Provide notice to the Respondent advising that a complaint has been made setting out the time and place of the alleged violation, the identity of the Complainant, Respondent’s right to file a written response within fourteen (14) days, and the Respondent’s right to contest an adverse decision.

(2) After expiration of the response deadline set forth in subsection (1) of this Enforcement Rule, the executive secretary or other designee of the Executive Committee shall initially review the complaint and response if one has been submitted, and in the limited circumstances described in Enforcement Rule 10.2, may issue a citation to the Respondent which includes the following:

(a) A description of the violation; (b) The date and location of the violation; (c) Reference to the statute or rule that is considered violated; (d) The civil penalty that may be paid and/or training completed within thirty (30) days to terminate the matter; and (e) A description of the respondent’s rights and obligations should he not pay the civil penalty and/or complete training within thirty (30) days.

History

• Source: Miss. Code Ann. §§ 77-13-27, 29 and 31.

39 Miss. Admin. Code Pt. 101, R. 5.2 Rule 5.2

The Executive Secretary or other designee of the Executive Committee may request assistance of the Committee Chairman to determine if a complaint falls within the limited circumstances described in Enforcement Rule 10.2 prior to issuing the citation described in Enforcement Rule 5.1.

History

• Source: Miss. Code Ann. §§ 77-13-27, 29 and 31.

39 Miss. Admin. Code Pt. 101, R. 5.3 Rule 5.3

If the complaint does not fall within routine violations as determined by the Executive Secretary or other designee of the Executive Committee under Enforcement Rule 10.2, the complaint and response if one has been submitted shall be referred to the Executive Committee as a whole, which may take one of the following actions:

(1) Find that a violation has occurred, determine an appropriate penalty pursuant to the guidelines described in Enforcement Rule 7.1, and return it to the Executive Secretary to issue a citation to the respondent which includes the contents described in Enforcement Rule 5.1;

(2) Find that a violation has not occurred, inform the complainant accordingly, and dismiss the complaint; or

(3) Find that further investigation of the complaint is required, and proceed according to Enforcement Rule 6.1.

Complainant shall be notified when a citation is issued to Respondent pursuant to any Enforcement Rule.

History

• Source: Miss. Code Ann. §§ 77-13-27, 29 and 31.

39 Miss. Admin. Code Pt. 101, R. 6.1 Part 101 Subpart 2 Chapter 6: Investigations of the Complaint

In cases in which the Executive Committee determines that further investigation of a complaint is required as described in Enforcement Rule 5.3(3), the Executive Committee shall do the following:

(1) Perform an investigation of the alleged violations contained in the complaint. The investigation may include one or more of the following:

(a) A written request to the Pipeline Safety Division that an investigator from the division perform an investigation of the complaint pursuant to the rules and processes adopted by the Board. (b) An investigation performed by the Executive Committee or its staff. (c) An investigation performed by a third party approved by the Board. (d) A request for documents, information and/or other evidence as applicable related to the complaint from Complainant or Respondent, in accordance with Miss. Code Ann. §25-43-1.106.

(2) Determine whether a violation has occurred based on the results of the investigation.

(3) Where a violation has occurred, determine an appropriate penalty pursuant to the guidelines described in Enforcement Rule 7.1, and issue a show cause

letter to the respondent which includes the contents described in Enforcement Rule 5.1.

(4) Where a violation has not occurred, inform the complainant and respondent accordingly, and dismiss the complaint.

History

• Source: Miss. Code Ann. §§ 77-13-27, 29 and 31.

39 Miss. Admin. Code Pt. 101, R. 7.1 The Executive Committee shall determine and assess penalties according to Miss

Code Ann. § 77-13-27. In determining the penalty for a violation, the Executive Committee shall consider the following: (1) The Respondent’s demonstrated history of one-call, design, and excavation practices, including the following:

(a) The number of locate requests received and responded to. (b) The number of locates completed. (c) The number of one calls placed. (d) The number of excavations completed. (e) The number of design or development projects. (2) The nature, circumstances, and gravity of the violation, including the amount of damage involved in relation to the violation, and whether it resulted in death, serious injury, dismemberment, or a significant threat to public safety. (3) The organizational size of the Respondent. (4) The history or number of violations by the respondent based on information maintained by the Board.

(5) The good faith effort on the Respondent’s part in attempting to achieve compliance after the violation was identified.

(6) The cooperativeness of the Respondent.

(7) And other factors which would tend to aggravate or mitigate fault.

Part 101 Subpart 2 Chapter 8: Respondent’s Rights and Obligations Rule 8.1 In cases in which a citation or show cause letter is issued to a Respondent, the

Respondent may: (1) Pay the civil penalty and/or perform the ordered training and applicable costs within thirty (30) days of the citation or show cause letter issuance date, and upon payment of the penalty and performance of the ordered training, the matter shall be closed. (2) Contest the citation or show cause letter in writing within thirty (30) days of its issuance date, in which case, the Executive Committee shall set a date to conduct a hearing of the matter, and notify the Respondent and Complainant accordingly.

History

• Source: Miss. Code Ann. §§ 77-13-27 and 29.
• Source: Miss. Code Ann. 77-13-27

39 Miss. Admin. Code Pt. 101, R. 8.2 Rule 8.2

Should the Respondent take no action in response to a citation within thirty (30) days of its issuance date the Executive Committee shall set a date to conduct a hearing of the matter, and notify the Respondent and Complainant accordingly. The hearing described in this section may be a paper hearing as defined in these rules. If during the timeframe between issuance of the citation and the hearing date, the Executive Secretary receives new evidence that he determines would likely have exonerated the Respondent had it been possessed by the Executive Committee or Executive Secretary prior to issuance of the citation, the Executive Secretary may postpone the hearing and seek reconsideration of the citation by the Executive Committee.

History

• Source: Miss. Code Ann. §§ 77-13-27 and 33

39 Miss. Admin. Code Pt. 101, R. 8.3 Rule 8.3

Should the Respondent take no action in response to the show cause letter within thirty (30) days of its issuance date, the penalties and findings included in the show cause letter shall become final and binding upon the Respondent.

Part 101 Subpart 2 Chapter 9: Hearings by the Executive Committee

39 Miss. Admin. Code Pt. 101, R. 9.1 Rule 9.1

The Executive Committee shall conduct hearings in accordance with these rules and Title 77, Chapter 13 of the Mississippi Code. The following shall apply to hearings conducted by the Executive Committee:

(1) The Respondent and Complainant shall receive notice at least thirty (30) days prior to the hearing. The notice shall specify the docket or identifying number of the proceeding and a brief description of the nature of the proceedings and shall, in addition, contain:

(a) A statement of the date, time and place of the public hearing proposed; and/or

(b) A statement of the date by which evidence, objections, protests or

comments must be filed in order to be considered by the Executive Committee.

(2) All hearings conducted by the Executive Committee shall be open to the public.

(3) The Executive Committee at hearings is not bound by the Mississippi Rules of Evidence. No informality in any proceeding or in the manner of taking testimony invalidates any order made, approved or confirmed by the Executive Committee. The Executive Committee, with or without objection, may exclude evidence that is irrelevant, unduly repetitious, inadmissible on constitutional or statutory grounds, or inadmissible on the basis of any evidentiary privilege provided by statute or recognized in the courts of Mississippi, and may order the presentation of such evidence to stop. All other evidence may be admitted if it is a type generally relied upon by prudent persons in the conduct of their affairs.

(4) The Executive Committee may permit photostatic, photographic or other copies of documents, or any part or parts thereof, to be introduced in evidence upon a satisfactory showing of their correctness or upon showing that it would be impractical or inconvenient to introduce the originals.

(5) Grounds for objection to the admission or exclusion of evidence must be stated briefly at the time the evidence is offered.

(6) All testimony presented in formal hearings will be given under oath. Before testifying each witness must swear or affirm that the testimony the witness will give before the Executive Committee is the truth, the whole truth, and nothing but the truth.

(7) After Respondent’s failure to appear at the time and place set for hearing, the Executive Committee may order any relief against the Respondent authorized by law.

(8) The Executive Committee may designate one of its members or attorneys, including any special assistant attorney general or state agency attorney assigned to the Board, to act as a hearing examiner regarding any and all matters to be considered at a hearing. Such officer may exercise all authority held by the Executive Committee in conducting the hearing. In such cases, the hearing examiner shall, within thirty (30) days of the hearing, provide written findings and recommendations to the Executive Committee with respect to the matters considered at the hearing. The Executive Committee may adopt, reject, or modify the findings and recommendations of the hearing examiner when preparing its final order.

Part 101 Subpart 2 Chapter 10: Routine Violations as Determined by the Executive Secretary Rule 10.1 Where upon initial review of a complaint, documents submitted simultaneously therewith, written response submitted by Respondent if one is submitted, and the applicable locate ticket or tickets provided by Mississippi 811, the Executive Secretary or other designee of the Executive Committee may issue a citation to the respondent pursuant to Enforcement Rule 5.1 if the Executive Secretary determines: (1) The alleged violation falls within a category of violations described in Enforcement Rule 10.2 and that a violation has occurred based exclusively on information included in the submitted complaint, the documents provided therewith, and the applicable locate ticket or tickets provided by Mississippi 811.

History

• Source: Miss. Code Ann. §§ 77-13-27, 29 and 33.
• Source: Miss. Code Ann. §§ 77-13-27 and 29

39 Miss. Admin. Code Pt. 101, R. 10.2 Rule 10.2

The Executive Secretary may issue citations without any further investigation or executive committee action, for the following violations: (1) The excavation complained of occurred after the expiration of the subject locate ticket. (2) The excavation complained of commenced sooner than lawfully allowed. (3) The excavator failed to make a utility locate request with Mississippi 811 prior to commencement of the subject excavation. (4) The utility owner or operator fails to comply with the deadlines set forth in Miss. Code Ann. § 77-13-9. (5) The excavation occurred within the tolerance zone.

History

• Source: Miss. Code Ann. §§ 77-13-27 and 29

39 Miss. Admin. Code Pt. 101, R. 11.1 Part 101 Subpart 2 Chapter 11: Routine Maintenance Activities

For an activity to be Routine Maintenance, the activity must be performed consistent with the requirements of Mississippi Code 77-13-3(i)(vi) and therefore should:

1. Be carried out by or for those responsible for publicly maintained roadways and rights-of-way; 2. Occur entirely within the public right of way; 3. Not penetrate the earth to a depth of more than 12 inches and, 4. Shall be carried out with reasonable care so as to protect any underground facilities placed in the right-of-way.

History

• Source: Miss. Code Ann. §77-13-3(i)

39 Miss. Admin. Code Pt. 101, R. 11.2 The following activities, if performed in accordance with Rule 11.1, shall be considered Routine Maintenance:

1. Grass and brush cutting. 2. Removing dead, dying or other trees considered a hazard to the public. 3. Removing litter, trash, animal carcasses and other debris. 4. Installation of pavement markings. 5. Milling the surface of pavements to remove defective pavement. 6. Roadway base repair requiring excavation and backfill of twelve (12) inches or less. 7. Resurfacing or repairing paved interstates, highways, streets, roads, or sidewalks. 8. Addition of granular material and/or light machine blading of granular surfaces to maintain a roadway surface. 9. Blade away built up grass, soil, granular material, etc. from shoulders to allow proper drainage away from roadway surfaces. 10. Repair washes on roadway shoulders and slopes to replace material that has eroded away. 11. Perform ditch blading to replace material eroded away and to remove material that has silted into ditch to insure proper drainage. 12. Replacing traffic signs and signals in the existing hole. 13. Cleaning debris from inlets and outlets of culverts and box bridges. 14. Bridge repair that does not include driving additional piling. 15. Bridge approach and roadway guardrail repair that does not involve adding new posts. 16. Debris and drift removal from bridges over waterways. 17. Storm drain inlet clean out and repair.

History

• Source: Miss. Code Ann. §77-13-3(i)

39 Miss. Admin. Code Pt. 101, R. 11.3 Rule 11.3

Work that results in lowering of the elevation of the roadbed, adjacent shoulder or drainage culverts or ditches, except as allowed in 11.2 above, shall be considered Construction and not Routine Maintenance for purposes of these rules.

History

• Source: Miss. Code Ann. §77-13-3(i)

39 Miss. Admin. Code Pt. 101, R. 12.1 Penalties and costs shall be paid to the Board in any method adopted by the Board

History

• Source: Miss. Code Ann. §§ 77-13-31 and 35

39 Miss. Admin. Code Pt. 101, R. 13.1 Any misrepresentation of either an emergency excavation or an impending emergency as defined in Miss

Code Ann. § 77-13-3, shall constitute a violation of the law subject to enforcement by the Executive Committee. In determining whether a false emergency violation has occurred, the Executive Committee may consider the following: (1) The contents of the locate ticket which gave rise to the allegation of false emergency.

(2) In the case of an emergency excavation, the amount of time elapsed between Respondent’s emergency excavation notification to Mississippi 811 and the excavation by Respondent. In the case of an impending emergency, the amount of time elapsed between the noticed time of excavation included in the impending emergency locate ticket and the excavation by Respondent.

(3) The frequency with which Respondent requests emergency excavation and impending emergency locate tickets.

(4) Any applicable evidence provided by the Respondent and/or Complainant.

History

• Source: Miss. Code Ann. 77-13-11 and 31