Mississippi Advisory Opinions December 06, 1995: AGO 95-0768 (December 06, 1995)
Collection: Mississippi Attorney General Opinions
Docket: AGO 95-0768
Date: Dec. 6, 1995
Advisory Opinion Text
Mr. Curt Hebert
Chairman
Mississippi Public Service Commission
Post Office Box 1174
Jackson, Mississippi 39215-1174
Dear Mr. Hebert:
Attorney General Mike Moore has received your request for an official opinion from this office and has assigned it to me for research and reply. Because of its length, your letter is not set out herein but is attached hereto. The question presented by your letter of request can be summarized in the following manner:
May interstate pipeline companies or their representatives make campaign contributions to Public Service Commissioners or candidates for Public Service Commissioner?
Campaign contributions to Public Service Commissioners or candidates for Public Service Commissioner are regulated by Section 77-1-11, Mississippi Code of 1972, which provides in part:
(1) It shall be unlawful for any Public Service Commissioner, any candidate for Public Service Commissioner, or any employee of the Public Service Commission or Public Utilities Staff to knowingly accept any gift, pass, money, campaign contribution or any emolument or other pecuniary benefit whatsoever, either directly or indirectly, from any person interested as owner, agent or representative, or from any person acting in any respect for such owner, agent or representative of any common or contract carrier by motor vehicle, telephone company, gas or electric utility company, or any other public utility that shall come under the jurisdiction or supervision of the Public Service Commission....
The regulatory jurisdiction of the Public Service Commission is set forth in Section 77-3-5, Mississippi Code of 1972, which states in pertinent part:
Subject to the limitations imposed in this article and in accordance with the provisions hereof, the public service commission shall have exclusive original jurisdiction over the intrastate business and property of public utilities....
The Mississippi Supreme Court has ruled that this section gives the Commission jurisdiction only over intrastate utility business and property and not interstate pipeline companies. United Gas Pipeline Co. v. Mississippi Pub. Serv. Com'n. , 241 Miss. 762, 133 So.2d 521, 525 (Miss. 1961); American Tel. & Tel. Co. v. Purcell Co. , 606 So.2d 93, 99 (Miss. 1990) .
Upon inquiry this office has ascertained that interstate pipeline companies are required to meet state safety standards set by the Public Service Commission. However, these standards are administered not by the State of Mississippi but by federal authorities, just as all other aspects of such interstate companies are federally regulated.
In conclusion it is the opinion of this office that, since interstate pipeline companies do not come within the jurisdiction or supervision of the Public Service Commission, these companies or their representatives may legally make campaign contributions to Public Service Commissioners or candidates for Public Service Commissioner.
Sincerely yours,
Mike Moore Attorney General.
Larry E. Clark Deputy Attorney General.