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Miss. Code Ann. § 77-3-21

Hearing on adequacy of service afforded by certificate holder

Applied in 9 court decisions — leading case 909 So. 2d 1094 - City of Starkville v. 4-County Elec. Power Ass'n (2005)

Most recently applied in 187 So. 3d 139 - City of Gulfport, Mississippi v. Dedeaux Utility Company, Inc. (March 2016)

Codes, 1942, § 7716-05; Laws, 1956, ch. 372, § 5; Laws, 1987, ch. 353, § 4; Laws, 1992, ch. 417, § 2, eff from and after passage (approved April 29, 1992

How often courts cite this section

19731980199020002010201620
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

The commission may, after a hearing had upon due notice, make such findings as may be supported by proof as to whether any utility holding a certificate under the provisions of this article is rendering reasonably adequate service in any area covered by such utility’s certificate. In the event the commission finds that such utility is not rendering reasonably adequate service the commission may enter an order specifying in what particulars such utility has failed to render reasonably adequate service and order that such failure be corrected within a reasonable time, such time to be fixed in such order. If the utility so ordered to correct such a failure fails to comply with such order of the commission and the commission finds that cancellation of its certificate would be in the best interest of the consuming public served by the holder of the certificate, its certificate for the area affected may be revoked and cancelled by the commission.

Prior to any municipality exercising the power of eminent domain as provided in Section 77-3-17, the commission shall determine that the certificate of public convenience and necessity granted to the utility pursuant to Section 77-3-13 for the service area wherein such facilities are located, shall be cancelled as provided in this section. Nothing in this paragraph shall be construed to include service for water and sewage.

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.