Mississippi Public Service Commission
{{good article}}
{{use mdy dates|date=October 2021}}
{{Use American English|date=August 2023}}
{{short description|Government regulatory agency in the U.S. state of Mississippi}}
{{Infobox government agency
| name = Mississippi Public Service Commission
| type =
| seal = File:Mississippi_Public_Service_Commission_logo.png
| seal_size =
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| image =
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| formed = 1938
| preceding2 =
| dissolved =
| preceding1 = Mississippi Railway Commission
| agency_type = Public utilities commission
| jurisdiction = State of Mississippi
| headquarters = Woolfolk State Office Building, Jackson, Mississippi
| motto =
| employees =
| budget =
| chief1_name = Chris Brown
| chief1_position = Commissioner for the Northern District
| chief2_name = De'Keither Stamps
| chief2_position = Commissioner for the Central District
| chief3_name = Wayne Carr
| chief3_position = Commissioner for the Southern District
| website = {{URL|https://www.psc.ms.gov/}}
| footnotes =
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The Mississippi Public Service Commission (MPSC or PSC) is a government agency which regulates telecommunications, electric, gas, water and sewer utilities in the U.S. state of Mississippi. The commission was created in 1884 and in its early history was tasked with regulating various transport and telecommunications industries in the state. It assumed its current name in 1938 and was given jurisdiction over electric, gas, and water utilities in 1956.
The agency is led by three commissioners, with one commissioner elected by voters in each of the state's three Supreme Court districts. Commissioners are elected to four year terms in the general election of the same year that other state and county officials are chosen. The current commissioners are Chris Brown (Northern District), De'Keither Stamps (Central District) and Wayne Carr (Southern District).
History
On March 11, 1884, legislation was signed into law creating the Mississippi Railroad Commission. During its early years the commission was tasked with regulating various enterprises, including railroads, telephone and telegraph companies, express companies, and some motor carriers.{{sfn|MSPC Annual Report|2022|p=5}} The newly-adopted state constitution in 1890 explicitly authorized the Mississippi State Legislature to empower a commission to regulate such industries.{{cite news| title = Is He A Constitutional Officer?| newspaper = The Clarion-Ledger | page = 4| date = October 29, 1891| url = https://www.newspapers.com/clip/118415489/the-clarion-ledger/}} The first commissioners were appointed by the governor of Mississippi and then selected thereafter by the legislature to serve two-year terms until 1892. From 1886 to 1906 the body served as the Board of Control of the Mississippi State Penitentiary.{{sfn|MSPC Annual Report|2022|p=5}}
During the legislature's 1938 session, the Motor Carrier Regulatory Act was passed. The law changed the name of the Railroad Commission to the Public Service Commission and gave it full responsibility for regulating motor carriers. In 1956, the Utility Act was adopted, expanding the commission's jurisdiction to electric, gas, and water utilities. Sewer services were integrated into its purview in 1968.{{sfn|MSPC Annual Report|2022|p=5}} The Public Utilities Reform Act of 1983 provided for the hiring of additional staff and tasked the commission with monitoring large contracts and construction projects undertaken by utility companies.{{sfn|MSPC Annual Report|2022|p=6}}
In January 1988, Public Service Commissioner Lynn Havens resigned from office before pleading guilty in June 1989 to conspiracy charges related to an attempt to coerce a power company to settle a lawsuit. Commissioner D.W. Snyder was also convicted for his involvement in the scheme and resigned. In response, the legislature floated several proposals in 1990 to reform the commission. They rejected a plan to have the commissioners chosen by appointment and instead opted to move the Public Utilities Staff—responsible for supplying the commissioners technical advice—to a new Public Utilities Staff agency under the control of an executive director appointed by the governor.{{cite news| last = Cassreino| first = Terry R.| title = Wilkerson to head PSC staff| newspaper = The Sun Herald| pages = C1–[https://www.newspapers.com/clip/118417675/sun-herald/ C2]| date = July 14, 1990| url = https://www.newspapers.com/clip/118417391/sun-herald/}}{{sfn|MSPC Annual Report|2022|p=6}} The legislation also barred commissioners from having private meetings with or accepting gifts and campaign contributions from utility representatives.{{cite news| last = Elliot| first = Jack Jr.| title = Six considered to head new utility agency| newspaper = The Clarksdale Press Register| agency = Associated Press| pages = 1A–[https://www.newspapers.com/clip/118420615/the-clarksdale-press-register/ 2A]| date = May 26, 1990| url = https://www.newspapers.com/clip/118420706/the-clarksdale-press-register/}}
In 2003, the legislature passed the Mississippi Telephone Solicitation Act, creating an official state do not call list and giving the PSC the power to fine telemarketers who called persons who registered their phone numbers on the list.{{sfn|MSPC Annual Report|2022|p=6}}{{cite news| last = Lindsay| first = Arnold| title = 212,000 have hang-ups with telemarketers| newspaper = The Clarion-Ledger| pages = 1C, [https://www.newspapers.com/clip/118424703/clarion-ledger/ 6C]| date = July 3, 2004| url = https://www.newspapers.com/clip/118424765/clarion-ledger/}} On July 1, 2004, the responsibility for regulating motor carriers was transferred from the PSC to the Mississippi Department of Transportation.{{sfn|MSPC Annual Report|2017|p=7}}
Powers and responsibilities
The Public Service Commission is responsible for regulating telecommunications, electric, gas, water, and sewer utilities in Mississippi.{{cite web| url = https://www.psc.ms.gov/home/home| title = About : Mississippi Public Service Commission| publisher = Mississippi Public Service Commission| access-date = February 11, 2023}} It monitors and approves rates charged to consumers,{{efn|Legal cases arising from actions taken by the commission to alter utility rates are expedited and heard by the Supreme Court of Mississippi.{{sfn|Winkle|2014|p=102}}}} monitors the delivery of services, and determines whether the construction of utility facilities are for the benefit of the public.{{sfn|MSPC Annual Report|2022|p=7}} Per state law, it can fix "reasonable standards, regulations and practices of service" for utility companies and impose safety standards on gas utilities.{{sfn|Strauss|Mapes|2018|pp=33–34}} When a new executive director of the Public Utilities Staff is sought, the commissioners are required to suggest at least three candidates for the post to the governor, who then nominates one of the candidates to be confirmed in the post by the State Senate.{{cite web| url = https://mississippitoday.org/2022/09/23/reeves-posey-beckett-appointments/| title = Reeves names Posey to head MDWFP, Beckett for Public Utilities| last = Pender| first = Geoff | date = September 23, 2022| website = Mississippi Today| publisher = Nonprofit Mississippi News| access-date = February 12, 2023}}
The PSC fields utility consumer complaints, holds hearings, and makes investigations into utility complaints{{sfn|MSPC Annual Report|2022|pp=7, 17}} and instances of telemarketing fraud.{{cite web| url = https://mississippitoday.org/2019/06/11/telephone-scam-crackdown-new-state-law-enables-public-service-commission-to-work-cases/| title = Telephone scam crackdown: New state law enables Public Service Commission to work cases| last = Harrison| first = Bobby| date = June 11, 2019| website = Mississippi Today| publisher = Nonprofit Mississippi News| access-date = February 12, 2023}} The commission has the power to issue subpoenas.{{sfn|MSPC Annual Report|2022|p=15}}{{cite news| last = Willingham| first = Leah| title = AT&T agrees to provide records to Mississippi after a government subpoena| newspaper = The Clarion-Ledger| agency = Associated Press | date = September 18, 2020| url = https://www.clarionledger.com/story/news/2020/09/18/at-t-provide-records-mississippi-subpoena/3491287001/| access-date = February 12, 2023}} It can prescribe mandates to utility companies and fine them up to $5,000 per day for outstanding violations{{cite web| url = https://mississippitoday.org/2017/05/04/public-service-commission-mandates-utilities-hire-mississippi/| title = Public Service Commission mandates utilities 'Hire Mississippi'| last = Ablaza|first = Kendra| date = May 4, 2017| website = Mississippi Today| publisher = Nonprofit Mississippi News| access-date = February 12, 2023}} and can issue fines no greater than $10,000 to telemarketing firms which violate state laws.
Structure
File:Woolfolk State Office Building, Jackson, MS (1).jpg in Jackson.]]
The Public Service Commission is led by three commissioners. One commissioner is elected by voters in each of the state's three Supreme Court districts. Commissioners are elected in the general election of the same year that other state and county officials are chosen.{{sfn|MSPC Annual Report|2022|p=7}} Candidates for seats on the body are required by the state constitution and state statute to have resided in Mississippi for at least five years before the date of the election to be eligible.{{cite web| url = https://mississippitoday.org/2023/05/11/mandy-gunasekara-removed-public-service-commission/| title = Supreme Court removes Mandy Gunasekara from Public Service Commission race| last = Vance| first = Taylor| date = May 11, 2023| website = Mississippi Today| publisher = Nonprofit Mississippi News| access-date = May 14, 2023}} The commissioners serve four-year terms beginning on January 1 of the year following the election.{{sfn|MSPC Annual Report|2022|p=7}} Vacancies are filled by gubernatorial appointment.{{cite web| url = https://www.gulflive.com/mississippi-press-news/2013/08/leonard_bentz_to_resign_from_p.html| title = Leonard Bentz to resign from Public Service Commission to head planning district| date = August 7, 2013| website = GulfLive| publisher = Advance Local Media| access-date = February 12, 2023| agency = Associated Press}} The commissioners' individual salaries are $78,000 per year, but are set to increase to $95,000 annually in 2024.{{cite web| url = https://mississippitoday.org/2022/04/27/reeves-lets-pay-raises-for-elected-officials-pass/| title = Amid vetoes, Gov. Reeves lets pay raises for elected officials pass| last = Pender| first = Geoff| date = April 7, 2022| website = Mississippi Today| publisher = Nonprofit Mississippi News| access-date = October 10, 2022}} They are required to meet by law the first Tuesday of every month in their office, though they may skip up to two such meetings per annum. They may also convene additional meetings elsewhere as they deem necessary.{{sfn|MSPC Annual Report|2022|p=7}} The meetings are subject to the state open meeting law{{cite web| url = https://www.rcfp.org/open-government-guide/mississippi/| title = Mississippi Open Government Guide| last1 = Munford| first1 = Luther T.| last2 = Gregory| first2 = Haley F.| date = September 2021| publisher = Reporters Committee for Freedom of the Press| access-date = February 12, 2023}} and the presence of two commissioners constitutes a quorum.{{cite news| last = Harrison| first = Bobby| title = New PSC member wants to know colleagues better| newspaper = Daily Journal| date = December 3, 2013| url = https://www.djournal.com/news/new-psc-member-wants-to-know-colleagues-better/article_43d6b81d-f4d0-59b7-9983-a98ba4ad341e.html| access-date = February 12, 2023}} The commission's activities are funded by appropriations from the State Legislature.{{sfn|MSPC Annual Report|2022|p=15}}{{sfn|Pugh|2020|p=181}} The agency is headquartered in the Woolfolk State Office Building in Jackson, Mississippi.{{cite web| url = https://www.wlbt.com/story/2741386/state-workers-get-day-off-due-to-building-power-failure/| title = State Workers Get Day Off Due To Building Power Failure| date = December 28, 2004| website = WLBT| publisher = Gray Media Group| access-date = February 11, 2023}}{{cite web| url = https://cdfl.com/e-t-woolfolk-office-building| title = E. T. Woolfolk Office Building| publisher = CDFL| access-date = February 11, 2023}}
The commission retains an executive secretary,{{cite web| url = https://www.psc.ms.gov/exec-sec/exec| title = Executive Secretary| publisher = Mississippi Public Service Commission| access-date = February 11, 2023 }} whose office is responsible for keeping the minutes of commission meetings, maintaining a record of its official actions, and delivering its subpoenas. The Finance and Personnel Department oversees the commission's finances and staff.{{sfn|MSPC Annual Report|2022|p=15}} The Legal Department, led by a general counsel, offers the PSC legal advice and coordinates its litigation-related activities.{{sfn|MSPC Annual Report|2017|pp=14–15}}{{sfn|MSPC Annual Report|2022|p=16}} The Information Systems Department maintains the PSC's internal online network, supplies information technology support to staff, and runs the agency's website.{{sfn|MSPC Annual Report|2022|p=16}} The Utility Investigation Department fields consumer complaints and monitors service delivery.{{sfn|MSPC Annual Report|2022|p=17}} The Gas Pipeline Safety Division performs safety inspections of intrastate natural gas pipelines.{{sfn|MSPC Annual Report|2022|p=18}} The Public Utilities Staff is not controlled by the commission but is tasked with advising it on the suitability of rates charged and services delivered to consumers and making recommendations for courses of action it should pursue.{{cite web| url = https://www.mpus.ms.gov/mpus/functions| title = Composition and Functions|website=Mississippi Public Utilities Staff| publisher = Mississippi Public Service Commission| access-date = February 11, 2023}}
Current commissioners
The current commissioners are:{{cite web| url = https://www.psc.ms.gov/| title = Mississippi Public Service Commission| publisher = Mississippi Public Service Commission| access-date = January 8, 2024}}{{cite news| last = Ulmer| first = Sarah| title = All new Public Service Commissioners sworn in| newspaper = Magnolia Tribune| date = January 5, 2024| url = https://magnoliatribune.com/2024/01/05/all-new-public-service-commissioners-sworn-in/| access-date = January 8, 2024}}
- Chris Brown (Republican), Northern District Commissioner
- De'Keither Stamps (Democratic), Central District Commissioner
- Nelson Wayne Carr (Republican), Southern District Commissioner
Notes
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References
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Works cited
- {{citation| url = https://www.psc.ms.gov/sites/default/files/MPSCAnnualReport2022.pdf| title = Mississippi Public Service Commission Annual Report Ending June 30, 2022 | date = 2022| publisher = Mississippi Public Service Commission|ref={{harvid|MSPC Annual Report|2022}}}}
- {{citation| url = https://da.mdah.ms.gov/series/psc/psc-ar/detail/504972| title = Mississippi Public Service Commission Annual Report Ending June 2017| date = 2017| publisher = Mississippi Public Service Commission|ref={{harvid|MSPC Annual Report|2017}}}}
- {{cite book| last = Pugh| first = Brian A.| title = Chaos and Compromise: The Evolution of the Mississippi Budgeting Process| publisher = University Press of Mississippi| date = 2020| location = | url = https://books.google.com/books?id=CZQAEAAAQBAJ| isbn = 9781496830227}}
- {{Citation| last1 = Strauss| first1 = Scott H.| last2 = Mapes|first2 = Katharine M.| title = The Role of State Utility Commissions in Setting Policy for Responsible Contracting| publisher = National Alliance For Fair Contracting| date = November 2018| url = https://faircontracting.org/wp-content/uploads/2019/02/StateUtility3.pdf}}
- {{cite book| last = Winkle| first = John W. III| title = The Mississippi State Constitution| publisher = Oxford University Press| series = | edition = second| date = 2014| location = | url = https://books.google.com/books?id=SCj-AgAAQBAJ| isbn = 9780199300631}}
{{Public utilities commissions}}{{Mississippi statewide political officials}}
{{authority control}}