Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Mississippi Public Service Commission v. Municipal Energy Agency of Mississippi
Citations: 463 So. 2d 1056; 1985 Miss. LEXIS 1870Docket: No. 55762
Court: Mississippi Supreme Court; January 22, 1985; Mississippi; State Supreme Court
An appeal has been filed regarding the Circuit Court of Leflore County's decision to grant summary judgment in favor of the Mississippi Energy Agency of Mississippi (MEAM), while denying the Mississippi Public Service Commission's (PSC) cross motion for summary judgment. MEAM, established as a joint agency under Mississippi Law 1978, is responsible for supplying electric power to several cities in Mississippi. The relevant statutes indicate that municipalities and joint agencies like MEAM are not required to obtain licenses or approvals from the PSC for certain operations, including constructing electric generating facilities. The legal question in this appeal revolves around whether MEAM must obtain a certificate of public convenience and necessity from the PSC prior to constructing electric generating facilities. Historical legislative context reveals that the Public Utilities Act of 1956 requires such a certificate for public utilities engaged in generating, transmitting, or distributing electricity, but specifically exempts municipal utilities from these requirements, barring certain extensions. Amendments in 1983 reaffirmed this exemption while stipulating the need for a certificate for any new facilities. The courts are guided by the principle that statutes governing similar subjects should be interpreted together to ascertain legislative intent. The creation of the PSC was aimed at regulating public utilities, including electricity, through these laws. Mississippi Code Annotated section 77-3-1 (1972) exempts municipal public utilities from certain provisions of the Public Utility Act, particularly regarding utility extensions beyond one mile from corporate boundaries, effective after March 29, 1956. In 1978, the Legislature permitted municipalities to collaboratively own and operate electric generation and transmission facilities. This was codified in Mississippi Code Annotated section 77-5-779 (Supp. 1984), which clarifies that this authorization is an additional method that does not infringe upon existing powers and prevails over conflicting laws. The Act specifies that private corporations cannot finance these facilities through bond issuance. Furthermore, the 1984 amendment to section 77-5-725 discusses the rights of joint agencies, allowing them to obtain necessary permits without requiring approval from the Mississippi Public Service Commission. Consequently, it is determined that the municipal energy agency is exempt from needing a certificate of public necessity and convenience from the Commission for constructing electricity generation or transmission facilities. The lower court's judgment is affirmed.