39 Miss. Code. R. 1-7-100

Current through December 10, 2024
Section 39-1-7-100 - 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. Code. R. 1-7-100