IN THE SUPREME COURT OF MISSISSIPPI
MISSISSIPPI PUBLIC SERVICE COMMISSION
AND MISSISSIPPI POWER COMPANY, INC.
DATE OF JUDGMENT: 02/28/2011
TRIAL JUDGE: HON. JAMES B. PERSONS
COURT FROM WHICH APPEALED: HARRISON COUNTY CHANCERY COURT
ATTORNEY FOR APPELLANT: ROBERT B. WIYGUL
ATTORNEYS FOR APPELLEES: OFFICE OF THE ATTORNEY GENERAL
BY: 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
NATURE OF THE CASE: CIVIL – STATE BOARDS AND AGENCIES
DISPOSITION: REVERSED AND REMANDED – 03/15/2012
MOTION FOR REHEARING FILED:
BEFORE DICKINSON, P.J., RANDOLPH AND PIERCE, JJ.
DICKINSON, PRESIDING JUSTICE, FOR THE COURT:
¶1. The Mississippi Power Company (“MPC”) applied to the Mississippi Public Service
Commission (“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 (capped at $2.88 billion)
1 Miss. Code Ann. § 77-3-59 (Rev. 2009).
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 of Harrison County
affirmed, and the Sierra Club appealed.
¶2. When the Commission grants authority for such projects, Mississippi law requires it
to make findings supporting its decision; and, according to the statute, the Commission’s
findings must 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.”1 We find the Commission’s approval of the
project fails to satisfy this requirement, so we reverse the chancery court’s judgment and the
Commission’s order and remand to the Commission for further proceedings.
¶3. REVERSED AND REMANDED.
WALLER, C.J., CARLSON, P.J., RANDOLPH, LAMAR, KITCHENS,
CHANDLER, PIERCE AND KING, JJ., CONCUR.
Commissioner Brandon Presley’s (Northern District (and one of three Commissioners who opposed the original decision to build this monstrosity) formal comments after the decision: