State ex rel Pittman v. Mississippi Public Service Commission

481 So. 2d 302, 1985 Miss. LEXIS 2418
CourtMississippi Supreme Court
DecidedNovember 27, 1985
DocketNo. 55540
StatusPublished
Cited by3 cases

This text of 481 So. 2d 302 (State ex rel Pittman v. Mississippi Public Service Commission) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel Pittman v. Mississippi Public Service Commission, 481 So. 2d 302, 1985 Miss. LEXIS 2418 (Mich. 1985).

Opinion

HAWKINS, Justice, for the Court:

The parties to this direct appeal from an order of the Mississippi Public Service Commission are the State of Mississippi, upon the relation of the Honorable Edwin Lloyd Pittman, Attorney-General (Attorney-General), the appellant, and the Mississippi Public Service Commission (Commission) and South Central Bell Telephone Company (SCB), the appellees.

As a historical note, this case is the first case in which there has been a direct appeal from an order of the Commission to this Court under the Mississippi Constitution, Article VI, § 146, as amended November 8, 1983; Miss.Code Ann. § 9-3-9 (1984 Supp.); and under the 1983 Mississippi Public Utilities Act, Ch. 467, Laws 1983, [303]*303Miss.Code Ann. § 77-3-1, et seq., (1983 Supp.), which created new sections of the code and amended others pertaining to public utilities. It is also the first telephone rate case since the American Telephone and Telegraph Company (AT & T) was required by a United States District Court to divest itself of its local service corporations, of which SCB was one.1 It is the second time this Court has considered an appeal from a rate order in which the Attorney-General found himself in disagreement with the Commission. State, ex Rel. v. Miss. Pub. Ser. Comm., 418 So.2d 779 (Miss.1982); State, ex Rel. v. Miss. Pub. Ser. Comm., 435 So.2d 608 (Miss.1983).

The Attorney-General has appealed from the final order of the Commission on March 16, 1984, awarding a considerably reduced rate increase from that initially requested by SCB. The major issue we address on this appeal is whether the order of the Commission is supported by substantial evidence. Concluding it was, we affirm.

FACTS

Prior to January 1, 1984, SCB was one of a number of AT & T subsidiaries, called the “Bell System.” By order of the United States District Court dated August 24, 1982, SCB, effective January 1,1984, would no longer be a subsidiary of AT & T. SCB is presently a subsidiary of Bell South Corporation.2

As a result of the United States District Court order, SCB in Mississippi was divided into two Local Access Transport Areas (LATAs), the south LATA comprising Jackson, Harrison, and Hancock counties, and the north LATA comprising the rest of the state. After January 1,1984, SCB could no longer provide long distance service across a LATA boundary or interstate. Also, SCB could no longer provide telephones used by customers, all customer premise equipment (CPE) being transferred to a subsidiary corporation of AT & T. SCB was required to furnish access to its lines and facilities to all other carriers at a regulated charge. Because of these and other mandated changes in the organization and operations in all the Bell System, SCB on November 18, 1983, filed its Notice of Intent to increase rates, effective January 1, 1984, to produce $131,443,000 additional revenue, as provided under Miss.Code Ann. §§ 77-3-77 and 77-3-39 (1983 Supp.), and also moved for emergency relief. There was no objection to emergency relief and the Commission on December 20, 1983, issued its order granting temporary rate relief authorizing SCB to generate additional revenue in the amount of $25,149,000.

By order of December 13, 1983, the Commission established procedural steps for handling this case. Prehearing conference and discovery deadline dates were set, the date for the Commission staff and inter-venors to file testimony and exhibits was set, and finally the date of public hearing was set. A later procedural order was entered January 3, 1984, delaying the various date settings.

SCB had filed with its notice the direct testimony and exhibits which constituted its case-in-chief at the final hearing.

In the 1983 Act, provision is made for the Commission to have a staff to make recommendations in rate cases. Miss.Code Ann. §§ 77-3-8 and 77-3-37(8) (1983 Supp.). The Commission engaged Stephen P. Wolfe, president of Fineco Consulting Services, Inc., to assist its staff and to make recommendations. Following a two-day pre-hearing conference between SCB and the Commission staff, attended by the Attorney-General, and in accordance with Miss.Code Ann. § 77-3-47 (1983 Supp.), [304]*304stipulations between the Commission and SCB were made. One result of these stipulations was SCB reduced its proposed revenue requirement from $131,443,000 to approximately $86,000,000.

Public hearings were conducted February 15 through the 24th. On March 16, 1984, the Commission entered its order approving a rate that would generate an increase in revenue in 1984 of $57,374,000, thus increasing the $25,149,000 interim rate increase by $32,225,000.

LAW

The record in this case reveals thorough investigation by the Commission, an appearance by all interested parties, and a commendable concern by the Commission to scrupulously adhere to the public utility statutes and our decisions.

The Commission had the benefit of expert witnesses from SCB, the Attorney-General and its own staff. C.J. Lathram, assistant chief accountant for SCB, testified on its behalf; William W. Dunkel and Michael D. Dirmier testified as expert witnesses on behalf of the Attorney-General; and Stephen D. Wolfe testified as the Commission’s own witness. While all these witnesses were qualified experts in their field, Dunkel had the most impressive credentials.

In an order over fifty pages in length, the Commission reviewed the entire case and reasons were given for each of its findings.

The Attorney-General has favored this Court on this appeal in confining the issue to one area of disagreement between Dunk-el and Lathram and Wolfe.

Dunkel illustrated the problem with a simple example. A telephone may be used to place a local call, which is governed by the Commission, while a long distance interstate call over that same telephone is governed by the Federal Communications Commission (FCC). Other facilities of the telephone company, such as switching equipment, local loops, interoffice trunks may be used to provide services which are under the authority of both commissions. The company’s accounting records are kept on a basis of the total cost of the facility. Assume the cost of a telephone at $30. Since the telephone is used in services under the jurisdiction of the state and federal governments, some procedure must be devised to allocate the costs between the two. This process which divides the cost of the facilities and expenses between the two authorities is “jurisdictional separations.”

In Smith v. Illinois Bell Telephone Co., 282 U.S. 133, 51 S.Ct. 65, 75 L.Ed. 255 (1930), the U.S. Supreme Court stated:

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Bluebook (online)
481 So. 2d 302, 1985 Miss. LEXIS 2418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-pittman-v-mississippi-public-service-commission-miss-1985.