Legal Opinion · Concurrence

Mississippi Power Co. v. Mississippi Public Service Commission

Mississippi Supreme Court

Decided June 11, 2015No. Nos. 2012-UR-01108-SCT, 2013-UR-00477-SCTPublished

1Concurrence

PIERCE, Justice,

specially concurring:

¶ 29. I concur with the majority decision, but I write separately to provide additional analysis regarding the interplay between public utility regulation and the subject Base Load Act. In authorizing the Commission to include in an electric utility’s rate base and rates all cost expenditures determined by the Commission to be prudently incurred in connection with a generating facility, the Base Load Act sanctions the prudent investment theory that arose out of a series of United States Supreme Court decisions-culminating with the Court’s landmark decision…

2Cases cited25 opinions

  1. Federal Power Commission v. Hope Natural Gas Co.Supreme Court of the United States · 1944
  2. Munn v. IllinoisSupreme Court of the United States · 1877
  3. Permian Basin Area Rate CasesSupreme Court of the United States · 1968
  4. Smyth v. AmesSupreme Court of the United States · 1898
  5. Federal Power Commission v. Natural Gas Pipeline Co.Supreme Court of the United States · 1942

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