Miss. R. App. P. 19
Appeals from an administrative agency charged by law with the responsibility for approval or disapproval of rates sought to be charged the public by any public utility are governed by statutes enacted pursuant to the Mississippi Constitution of 1890, art. 6, § 146.
Miss. R. App. P. 19
Advisory Committee Historical Note
Effective January 1, 1995, Miss.R.App.P. 19 replaced Miss.Sup.Ct.R. 19. 644-647 So.2d LIII-LIV (West Miss.Cases 1994).
Effective July 1, 1994, the Comment to Miss.Sup.Ct.R. 19 was amended to delete references to repealed statutes and material concerning the transition from statutory procedures to Rule practice, and to effect attendant technical changes. 632-635 So.2d LI-LII (West Miss.Cases 1994).
Comment
Legislative authority to provide for direct appeals to the Supreme Court from certain decisions of the Mississippi Public Service Commission was established by amendment to 146 of the Mississippi Constitution of 1890. That amendment was ratified by the electorate on November 8, 1983, and was inserted as a part of the Constitution on January 3, 1984. Pursuant to the authority granted by 146, the legislature enacted Miss. Code Ann. 77-3-72(1991)which establishes procedures for such direct appeals.
Under 77-3-72, final orders in any utility rate proceeding involving a filing for a rate change are appealed by filing an "appeal" comparable to the Rule 3 notice of appeal. The "appeal," however, is filed with the clerk of the Supreme Court, not with the Commission, and it must "state briefly the nature of the proceedings before the commission, and shall specify the order complained of." Miss. Code Ann. 77-3-72(1) (1991). The appeal is on the entire record unless the parties stipulate to the contrary. Miss. Code Ann. 77-3-72(2) (1991). The statutes do not require a cost estimate or prepayment of costs. The appealing party must, however, pay the fees required by the clerk of the Supreme Court under Miss. Code Ann. 25-7-3(1991). The statutes provide for collection of rates under bond in certain cases. Miss. Code Ann. 77-3-72(3), (4) (1991).
Where the statute is silent, these rules govern the appeal. Applicable rules in rate appeals include rules concerning dismissal for failure to prosecute and other sanctions, Rule 2; designation, correction, and preparation of the record, Rule 10 and Rule 11; writs of mandamus and other extraordinary writs, Rule 21(c); filing and service, Rule 25; computation and extension of time, Rule 26; motions, Rule 27; brief and record excerpts, Rules 28-32; and other rules generally applicable to civil cases, Rules 33-38, 40-47.
Appeals from Commission decisions in other cases are to the chancery court of the judicial district in which the principal place of business of the utility in the State of Mississippi is located, Miss. Code Ann. 77-3-67(1) (1991), or to the circuit court of the first judicial district of Hinds County, Miss. Code Ann. 77-1-45(1991). Appeals from the chancery court to the Supreme Court are governed by these rules and the bond provisions of Miss. Code Ann. 77-3-71(1991). Appeals from the circuit court to the Supreme Court are governed by these rules and the bond provisions of Miss. Code Ann. 77-1-47(1991).
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