Sierra Club v. Miss. Pub. Service Comm'n, et al.


<- Return to Search Results


Docket Number: 2011-CA-00350-SCT
Linked Case(s): 2011-CA-00350-SCT
Supreme Court: Opinion Link
Opinion Date: 03-15-2012
Opinion Author: Dickinson, P.J.
Holding: Reversed and Remanded
Additional Case Information: Topic: Public utilities - Public Service Commission - Section 77-3-59 - Findings to support decision
Judge(s) Concurring: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ.
Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES
Trial Court: Date of Trial Judgment: 02-28-2011
Appealed from: Harrison County Chancery Court
Judge: Jim Persons
Case Number: C2401-10-0258(1)
  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Sierra Club




 ROBERT B. WIYGUL



  
  • Appellant #1 Brief
  • Appellant #1 Reply Brief
    		•
    Appellee: Mississippi Public Service Commission and Mississippi Power Company, Inc. OFFICE OF THE ATTORNEY GENERAL: JUSTIN L. MATHENY L. CHRISTOPHER LOMAX HAROLD EDWARD PIZZETTA, III SHAWN STEPHEN SHURDEN LEO ERNEST MANUEL BEN HARRY STONE TIM A. FORD WILLIAM L. SMITH RICKY J. COX  
    Appellee #2:  
    Synopsis provided by:

    If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals
    hand downs please contact Tammy Upton in the MLI Press office.
    Topic: Public utilities - Public Service Commission - Section 77-3-59 - Findings to support decision
    Summary of the Facts: The Mississippi Power Company applied to the Mississippi Public Service Commission for permission to proceed with construction of a new power generation facility that would employ a new technology not in operation anywhere else in the United States, and to begin assessing the cost of construction to its current customers. The Sierra Club opposed the project before the Commission, but the Commission entered an order in favor of MPC. The chancery court affirmed, and the Sierra Club appeals.
    Summary of Opinion Analysis: When the Commission grants authority for such projects, Mississippi law requires it to make findings supporting its decision. Section 77-3-59 requires that the Commission’s findings be “supported by substantial evidence presented” which “shall be in sufficient detail to enable [this] court on appeal to determine the controverted questions presented, and the basis of the commission's conclusion.” Here, the Commission’s approval of the project fails to satisfy this requirement.


    Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court