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STATE OF MISSISSIPPI, EX REL. EDWIN LLOYD PITTMAN, ATTORNEY GENERAL v. MISSISSIPPI PUBLIC SERVICE COMMISSION AND ENTEX

APRIL 13, 1988

STATE OF MISSISSIPPI, EX REL. EDWIN LLOYD PITTMAN, ATTORNEY GENERAL
v.
MISSISSIPPI PUBLIC SERVICE COMMISSION AND ENTEX, INC.



BEFORE ROY NOBLE LEE, C.J., PRATHER AND ZUCCARO, JJ.

PRATHER, JUSTICE, FOR THE COURT:

This appeal involves a rate increase request of a regulated public utility gas company, Entex, Inc., which company owns a non-utility business. The central question addressed is whether the non-utility investment of Entex, Inc. should be included in determining the capital structure of the regulated utility to arrive at its rate of return.

This is an appeal by the State of Mississippi acting by and through the Attorney General (hereinafter AG) from an order of the Mississippi Public Service Commission (hereinafter PSC) awarding Entex, Inc. an increase in its residential and small commercial rates of $2,450,163 annually. The AG assigns the following as error:

 (1) The PSC erred by not requiring a utility company seeking a rate increase to properly meet its burden of proof of establishing by substantial evidence that its proposed capital structure would result in just and reasonable rates.

 (2) Having allowed the company to develop its revenue requirement using the cost of capital including the risks of a non-utility subsidiary's operations, the commission erred in not requiring the company to reflect in its revenue requirement the company's share of income tax savings which develop for the consolidated entity as the result of

19880413 ...


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