Mississippi Power Company, Inc. v. Mississippi Public Service Comm’n

Thomas Blanton sought judicial review of certain rate increases approved by the Public Service Commission for Mississippi Power Company (“MPC”). An examination of controlling law and statutes, the Constitutions of the United States and Mississippi, and a comprehensive review of Commission proceedings revealed that Commission failed to comply with the language of the Base Load Act, inter alia, and exceeded its authority granted by the Act. The increased rates were achieved by including “mirror CWIP” in the rate base and rates. Following the inclusion of “mirror CWIP,” the Commission “approve[d] the retail revenue adjustment over 2013 and 2014 . . . allow[ing] the Company an annual rate designed to collect $125,000,000 for 2013, escalating to $156,000,000 in 2014. This represented a 15% and 3% increase, respectively.” The Supreme Court found that the increased rates on 186,000 South Mississippi ratepayers failed to comport with the Act or, otherwise, with Mississippi law. Accordingly, the order granting rate increases was reversed, and the matter remanded to the Commission for further proceedings. View "Mississippi Power Company, Inc. v. Mississippi Public Service Comm'n" on Justia Law