Bill Text: MS HB852 | 2013 | Regular Session | Introduced

Mississippi House Bill 852 (Prior Session Legislation)

Introduced

Bill Title: Municipally-owned public utilities; provide certain rights for ratepayers of.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2013-02-05 - Died In Committee [HB852 Detail]

Download: Mississippi-2013-HB852-Introduced.html

MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Municipalities; Public Utilities

By: Representative Blackmon

House Bill 852

AN ACT TO AMEND SECTION 21-27-17, MISSISSIPPI CODE OF 1972, TO REQUIRE PUBLIC UTILITY COMMISSIONERS OF MUNICIPALLY OWNED PUBLIC UTILITIES TO PROVIDE CERTAIN RIGHTS TO RATEPAYERS; TO REQUIRE SUCH COMMISSIONERS TO PROVIDE ACCESS TO AN INDEPENDENT ADMINISTRATIVE PROCESS AS A MEANS TO RESOLVE CERTAIN COMPLAINTS RELATING TO SERVICE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 21-27-17, Mississippi Code of 1972, is amended as follows:

21-27-17. (1) The commission provided for by Section 21-27-13 is authorized to make such bylaws for the holding and conduct of its meetings and such other regulations as it may deem necessary for the safe, economic and efficient management and protection of the system or systems, and such bylaws and regulations shall have the same validity as an ordinance duly passed by the governing authorities of any municipality.

It is authorized to elect such officers and appoint such employees as may be necessary to operate the system or systems efficiently, and it shall have the entire control and management of such system or systems, together with all property connected or appertaining in any manner to such system or systems. The commission shall have the authority to employ a superintendent or manager of the systems, who shall have actual charge of the management and operation thereof and of the enforcement and execution of all the rules, regulations, programs, plans and decisions made and adopted by the commission in making purchases for materials and supplies to be used in the operation of the systems. In addition to any other purchasing authority granted by law, the commission may purchase electric transmission line materials, electric distribution system substation equipment, transformer equipment, and all other appliances, apparatus, machinery, equipment and appurtenances necessary for the sale of electricity, such as utility vehicles and fencing, from the surplus inventory of the Tennessee Valley Authority or any other similar agency of the federal government and electric power associations. These purchases shall be exempt from the public bid requirements prescribed in Sections 31-7-12 and 31-7-13. However, for all other purchases, the commission shall advertise for competitive bids in the manner and form as is required in accordance with Section 31-7-13. The superintendent or manager shall make and keep full and proper books and records of all purchases and shall submit them to the commission for its approval and ratification before payment thereof is authorized to be made. The commission may authorize the superintendent or manager to immediately refund to a customer of the municipally owned utility his or her deposit for municipal utility services after the superintendent or manager has determined that payment for all services and any other obligations which the customer may have incurred in regard to the municipal utility has been made. It shall have the right to fix the salaries and term of office of all employees and to direct them in the discharge of their duties. It shall have the right to require good and sufficient bonds from all officers and employees in such amounts as it may deem proper. It shall have the right to discharge employees when found inefficient or for other good cause. It shall have the power to make and collect rates for services and facilities, and appropriate funds for the maintenance and improvements of such systems. It is authorized to borrow from the Mississippi Development Bank in order to fund advance purchases of energy for gas producing, generating, transmission or distribution system or its electric generating, transmission or distribution system. It is authorized to insure all property used in the operation of such systems, including buildings, furniture, books and records, against loss by fire and tornado, and to carry sufficient amount of employers liability, steam boiler, plate glass and other miscellaneous casualty insurance, as in the discretion of the commission may be deemed proper, and to pay premiums therefor out of the funds derived from the operation of the systems. It shall report quarterly to the governing authorities of the municipality of all its doings and transactions of every kind whatsoever and shall make a complete statement of the financial condition of the systems at the end of each quarter, and shall annually make a detailed statement covering the entire management and operation of the systems, with any recommendations which it may have for the further development of the systems. At any time, the commission, by order or resolution, may authorize the expansion of activities of any component facility to include processing of materials on a custom basis or the processing and marketing of materials acquired to fully and efficiently utilize existing plant capacity. It shall also provide copies of all such quarterly and annual reports and statements to the Public Service Commission when so directed under Section 77-3-6.

(2) The commission provided for by Section 21-27-13 is also authorized to allow a municipally owned utility to prepay the utility's bills to those electricity suppliers which offer early payment discounts to the municipally owned utility.

(3) The commission provided for by Section 21-27-13 shall provide the ratepayers of munciaplly owned utilities the following rights:

(a) 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;

(b) 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;

(c) 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;

(d) 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;

(e) Ratepayers shall have the right to avoid discontinuation of service for failure to pay for merchandise purchased from the utility;

(f) 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;

(g) 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;

(h) 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;

(i) 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;

(j) 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;

(k) 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 sixty (60) days;

(l) 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;

(m) 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;

(n) Ratepayers who have had their service discontinued for nonpayment, 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;

(o) 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;

(p) Ratepayers shall be given accurate and understandable information concerning the price and terms of service; and

(q) Ratepayers shall have access to an independent administrative process, as provided in this paragraph, that provides a simple, quick, and effective means of resolving complaints about service and bills from all electric, gas, water, and telecommunications service providers. Ratepayers are encouraged to attempt to resolve the dispute directly with the municipally owned utility company.

(4) As required by paragraph (q) of subsection (3) of this section, the commission shall have an independent administrative process made available for both informal and formal complaints of ratepayers. The informal complaint process shall be as follows:

(a) 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.

(b) 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. 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.

The formal complaint process shall be as follows:

          (a) A complaint may be made by the commission on its own behalf, 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 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 Rule 6 of the Rules of Civil Procedure.
          (b) 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 (i) the full name, mailing address and email address of complainant; (ii) the full name and mailing address of the respondent; (iii) 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; (iv) the interest of the complainant, and how it will be affected; (v) the relief that is sought; (vi) the name and address of any attorney representing the complainant; (vii) and such other matters of fact, if any, as may be necessary to fully acquaint the commission with the details of the alleged violation. The complainant shall comply with all applicable provisions of Rule 6 of the Rules of Civil Procedure.
          (c) 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 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.
          (d) 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.
          (e) If satisfaction is not accepted, 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.

(f) The timeline for hearing and making a final order for the complaint shall be established by complaint procedures created by the commission.

(g) 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.

(h) Any party aggrieved by any final order of the commission shall have the right of appeal to the chancery court where the municipally owned utility is located.

(i) The provisions and remedies of this section governing formal and informal complaints are supplemental to and cumulative of those remedies provided under other provisions of law, including, but not limited to, the remedies prescribed under Section 77-33-6.

SECTION 2. This act shall take effect and be in force from and after July 1, 2013.