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MISSISSIPPI PUBLIC SERVICE COMMISSION, ET AL v. SOUTH CENTRAL BELL TELEPHONE COMPANY

MARCH 13, 1985

MISSISSIPPI PUBLIC SERVICE COMMISSION, ET AL
v.
SOUTH CENTRAL BELL TELEPHONE COMPANY



EN BANC

ON PETITION FOR REHEARING

The petition for rehearing is hereby denied.

The concluding paragraph of the majority opinion is amended by withdrawing its final sentence and replacing it with the following:

 " We therefore reverse the Order of the Chancery Court of Hinds County on appeal and reinstate the Order of the Mississippi Public Service Commission, which in pertinent part follows:

 (C) The Company shall refund to each of its customers the revenues collected by it under the rate schedules in effect under bond, plus interest at the rate allowed by law. Such refund shall be paid by check.

 (D) Within thirty (30) days after completion of its aforesaid refunds, the Company shall file its certificate of compliance stating that all refunds have been made and showing the amounts refunded by type of service. Upon the filing of such certificate, and the approval thereof by the Commission, the principal and surety on their refund bond heretofore filed by the Company shall be discharged.

 This accords with Mississippi Code Annotated, Section 77-3-39 (1972), in pertinent part.

 REVERSED, RENDERED AND REMANDED TO THE PUBLIC SERVICE COMMISSION.

 P.J.; PRATHER; ROBERTSON; AND ANDERSON, JJ., DISSENT.

19850313 ...


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