39 Miss. Code. R. § 1-11-101 - Formal Complaints
Complaint may be made by the Commission on its own behalf, by the Staff, by any utility, by any municipality, the State of Mississippi, the United States, any federal or state department, subdivision or agency, Chamber of Commerce or trade association, or by any consumer or prospective consumer of any utility service with respect to service, furnishing of service, rates and other charges, any discrimination with respect to any service or rates or regarding any rule or order of the Commission.
A complaint filed by anyone other than the Commission or the Staff must affirmatively show that the complainant has a direct and substantial interest in the subject matter of the complaint that will be determined by the proceeding. A copy of the complaint shall be served on the utility or respondent by the party filing the complaint at the time it is filed in accordance with RP 6.
Each formal complaint shall be in writing, verified, and shall bear a heading showing the names of the complainant and respondent; and, in addition, shall state (a) the full name, mailing address and e-mail address of complainant; (b) the full name and mailing address of the respondent; (c) fully, clearly and with reasonable certainty, the act or thing done or omitted, of which complaint is made, with a citation, where practicable, to the statute, rule or order, of which violation is claimed; (d) the interest of the complainant, and how it will be affected; (e) the relief that is sought; (f) the name and address of any attorney representing the complainant; (g) and such other matters of fact, if any, as may be necessary to fully acquaint the Commission with the details of the alleged violation. Complainant shall comply with all applicable provisions of RP 6.
Upon the filing of such a complaint, the Commission will immediately examine the same to determine whether it alleges a prima facie case and conforms to these rules. If the Commission is of the opinion that the complaint does not allege a prima facie case or does not conform to these rules, it will notify the complainant or his attorney to that effect within seven (7) days of the filing date, and opportunity may be given to amend the complaint within a specified time. If not so amended within such time or such extension thereof as the Commission may, for good cause grant, the complaint will be dismissed. If the Commission is of the opinion that such complaint, either as originally filed or as amended, alleges a prima facie case under the Act and conforms to these rules and the law, the Commission will serve a notice upon the respondent of and under the hand of its secretary and attested by its seal, accompanied by a copy of the complaint, directed to such utility or person, and requiring that the complaint be answered in writing within twenty (20) days from the date of service of such notice, provided that the Commission may, in particular cases, require the answer to be filed within a shorter time, or grant additional time in which to answer.
If the respondent desires to satisfy the complaint, he may file with the Commission, within the time allowed for answer, a statement of the relief which he is willing to give, with Certificate of Service of a copy thereof on the complainant endorsed thereon. The complainant shall have seven (7) days in which to file with the Commission a statement accepting the satisfaction offered, or rejecting it, with Certificate of Service of a copy thereof on the respondent. If the offer of satisfaction is accepted by the complainant and approved by the Commission, no further proceedings will be taken.
If satisfaction be not made as aforesaid, the respondent shall, within seven (7) days from service of complainant's statement declining the offer of satisfaction (or within such additional time as the Commission may, for good cause shown, allow) file an answer to the complaint, with Certificate of Service of a copy thereof on the complainant endorsed thereon. The answer must contain a specific admission or denial of the material allegations of the complaint which may be done by reference to designated paragraphs of the complaint or portions thereof, and also a clear statement of any matter constituting a defense. If the respondent has no information or belief upon the subject of any allegation sufficient to enable him to answer the same, he may so state in his answer and base his denial upon that ground.
Notes
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