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.
Structure Mississippi Code
Title 77 - Public Utilities and Carriers
Chapter 3 - Regulation of Public Utilities
Article 1 - Certificates of Public Convenience and Necessity; Rates; Service
§ 77-3-1. Application of article to municipal public utilities
§ 77-3-5. Jurisdiction and powers of commission
§ 77-3-9. Attorney for public service commission
§ 77-3-15. Two or more persons holding certificates for similar operations in same municipality
§ 77-3-19. Applicant for certificate must obtain a municipal franchise
§ 77-3-21. Hearing on adequacy of service afforded by certificate holder
§ 77-3-22. Placement of privately owned water and sewer systems in receivership; conditions
§ 77-3-23. Procedure for sale, assignment, lease or transfer of certificate
§ 77-3-27. Commission to investigate violations
§ 77-3-29. Extension of service
§ 77-3-31. Accounts and depreciation reports of utilities
§ 77-3-41. Rates fixed by commission
§ 77-3-42. Rate increase resulting from fuel adjustment clauses or riders; audits of fuel purchases
§ 77-3-45. Promulgation of rules and regulations
§ 77-3-46. Management reviews of public utility companies
§ 77-3-47. Hearings by commission
§ 77-3-49. Issuance of process by commission; witnesses
§ 77-3-51. Depositions by agreement
§ 77-3-53. Certified copies of documents and orders as evidence
§ 77-3-55. Orders, findings, authorizations and certificates to be in writing and entered in minutes
§ 77-3-59. Decisions; compliance with orders
§ 77-3-61. Alteration of orders
§ 77-3-63. Record of proceedings; reporter
§ 77-3-65. Rehearing; stay of order
§ 77-3-71. Appeals to supreme court
§ 77-3-73. Appealed commission matters to take preference in all courts
§ 77-3-75. Enforcement of commission orders
§ 77-3-77. Burden of proof on party seeking to vacate commission order
§ 77-3-79. Reports by utilities; inspection of records; filing deadlines; penalties
§ 77-3-83. Penalties are cumulative
§ 77-3-90. Annual reports of commission
§ 77-3-91. Definitions applicable to §§ 77-3-91 through 77-3-95