Today, the Mississippi Supreme Court reversed the Public Service Commission's decision to allow Mississippi Power to go forward with the Kemper County coal plant, in a 9-0 decision. The decision in this case, which was appealed to the Supreme Court by the Sierra Club, now means the plant will be returned to the PSC for further review. What follows is the decision release, followed by a statement by PSC commissioner Brandon Presley, who opposed moving forward on the Kemper County coal plant.

IN THE SUPREME COURT OF MISSISSIPPI

NO. 2011-CA-00350-SCT

SIERRA CLUB

v.

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:

MANDATE ISSUED:

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) 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.

Verbatim Statement from PSC commissioner Brandon Presley:

Presley Issues Statement On Supreme Court's Reversal Of Kemper County Coal Plant

Jackson, Mississippi (March 15, 2012) - Today Public Service Commissioner Brandon Presley issued the following statement in response to the Supreme Court's reversal of Mississippi Power Company's Kemper County Coal Plant: Today's 9-0 decision by the Mississippi Supreme Court reversing the $2.8 billion Kemper County Coal Plant is a major victory for each and every customer of Mississippi Power Company and deals a serious blow to the company's corporate socialism.

In this case, Mississippi Power Company gave new meaning to the phrase "We got the gold mine, they got the shaft".

I've argued consistently that customers of Mississippi Power Company have been mistreated by the company hiding rate impacts in this case and by putting their shareholders above their customers.
This plant is untried technology. The shareholders have no risks while the customers have all the risks along with a 45% rate hike to boot. The company also wanted to raise rates before the plant produced any electricity. I believe in "pay as you go", I just don't believe you should pay BEFORE you go.

I personally wrote multi-page dissents in this case and am pleased today to see that those arguments were not in vain. This $2.8 billion case comes back now to the commission for further
review.