39 Miss. Code. R. 1-7-105
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.
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.
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.
The Commission may authorize, by letter, temporary acts or operations of a utility upon notice to any other utility affected thereby.
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.
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.
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.
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.
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.
39 Miss. Code. R. 1-7-105