§ 77-5-255. Arbitration of disputes between members or customers and electric power associations.
(1) The Public Service Commission shall investigate, review and arbitrate any dispute which qualifies as specified herein between a member or customer and the corporation of which he is a member. The minimum amount of a dispute which shall qualify for arbitration under this section shall be: (a) One Thousand Dollars ($1,000.00) which has accumulated over the past twelve (12) months or (b) ten percent (10%) of the cumulative previous twelve (12) months' billing, whichever shall be the lesser. Investigation, review and arbitration shall be commenced upon the filing of a petition with the Public Service Commission by a member or customer of a corporation. The Public Service Commission shall not commence any investigation or proceedings pursuant to such petition if at the time of filing the petition suit has been filed in any court of this state or of the United States with regard to the subject matter of the dispute and in which such corporation and member or customer are parties. Any such petition shall be immediately dismissed if any such suit is filed after filing of the petition with the commission.
(2) In any arbitration proceedings commenced under the provisions of this section, the Public Service Commission may, by order entered on its minutes and delivery of a certified copy thereof to the corporation, direct the corporation to provide the Public Service Commission with copies of all statements, accounts and reports concerning operation of the corporation which the Public Service Commission may require. The Public Service Commission is further authorized to conduct and shall conduct, or direct the corporation staff to conduct, investigation of and informal hearings in the dispute and may negotiate with the corporation and the customer for the resolution thereof. In every arbitration proceeding under this section the Public Service Commission shall perform such duties as it deems reasonable and likely to result in settlement of the dispute without commencement of litigation between the corporation and the member or customer.
(3) Participation in any investigation, proceeding, negotiation or settlement under the provisions of this section shall be voluntary by the corporation and the member or customer; however, no suit may be commenced in any court of this state by either the corporation or member or customer based upon the facts giving rise to the dispute for a period of sixty (60) days after a petition is filed with the Public Service Commission under this section.
Sources: Laws, 1989, ch. 454, § 4, eff from and after passage (approved March 24, 1989).
§ 77-5-255. Arbitration of disputes between members or customers and electric power associations.
(1) The Public Service Commission shall investigate, review and arbitrate any dispute which qualifies as specified herein between a member or customer and the corporation of which he is a member. The minimum amount of a dispute which shall qualify for arbitration under this section shall be: (a) One Thousand Dollars ($1,000.00) which has accumulated over the past twelve (12) months or (b) ten percent (10%) of the cumulative previous twelve (12) months' billing, whichever shall be the lesser. Investigation, review and arbitration shall be commenced upon the filing of a petition with the Public Service Commission by a member or customer of a corporation. The Public Service Commission shall not commence any investigation or proceedings pursuant to such petition if at the time of filing the petition suit has been filed in any court of this state or of the United States with regard to the subject matter of the dispute and in which such corporation and member or customer are parties. Any such petition shall be immediately dismissed if any such suit is filed after filing of the petition with the commission.
(2) In any arbitration proceedings commenced under the provisions of this section, the Public Service Commission may, by order entered on its minutes and delivery of a certified copy thereof to the corporation, direct the corporation to provide the Public Service Commission with copies of all statements, accounts and reports concerning operation of the corporation which the Public Service Commission may require. The Public Service Commission is further authorized to conduct and shall conduct, or direct the corporation staff to conduct, investigation of and informal hearings in the dispute and may negotiate with the corporation and the customer for the resolution thereof. In every arbitration proceeding under this section the Public Service Commission shall perform such duties as it deems reasonable and likely to result in settlement of the dispute without commencement of litigation between the corporation and the member or customer.
(3) Participation in any investigation, proceeding, negotiation or settlement under the provisions of this section shall be voluntary by the corporation and the member or customer; however, no suit may be commenced in any court of this state by either the corporation or member or customer based upon the facts giving rise to the dispute for a period of sixty (60) days after a petition is filed with the Public Service Commission under this section.
Sources: Laws, 1989, ch. 454, § 4, eff from and after passage (approved March 24, 1989).
§ 77-5-255. Arbitration of disputes between members or customers and electric power associations.
(1) The Public Service Commission shall investigate, review and arbitrate any dispute which qualifies as specified herein between a member or customer and the corporation of which he is a member. The minimum amount of a dispute which shall qualify for arbitration under this section shall be: (a) One Thousand Dollars ($1,000.00) which has accumulated over the past twelve (12) months or (b) ten percent (10%) of the cumulative previous twelve (12) months' billing, whichever shall be the lesser. Investigation, review and arbitration shall be commenced upon the filing of a petition with the Public Service Commission by a member or customer of a corporation. The Public Service Commission shall not commence any investigation or proceedings pursuant to such petition if at the time of filing the petition suit has been filed in any court of this state or of the United States with regard to the subject matter of the dispute and in which such corporation and member or customer are parties. Any such petition shall be immediately dismissed if any such suit is filed after filing of the petition with the commission.
(2) In any arbitration proceedings commenced under the provisions of this section, the Public Service Commission may, by order entered on its minutes and delivery of a certified copy thereof to the corporation, direct the corporation to provide the Public Service Commission with copies of all statements, accounts and reports concerning operation of the corporation which the Public Service Commission may require. The Public Service Commission is further authorized to conduct and shall conduct, or direct the corporation staff to conduct, investigation of and informal hearings in the dispute and may negotiate with the corporation and the customer for the resolution thereof. In every arbitration proceeding under this section the Public Service Commission shall perform such duties as it deems reasonable and likely to result in settlement of the dispute without commencement of litigation between the corporation and the member or customer.
(3) Participation in any investigation, proceeding, negotiation or settlement under the provisions of this section shall be voluntary by the corporation and the member or customer; however, no suit may be commenced in any court of this state by either the corporation or member or customer based upon the facts giving rise to the dispute for a period of sixty (60) days after a petition is filed with the Public Service Commission under this section.
Sources: Laws, 1989, ch. 454, § 4, eff from and after passage (approved March 24, 1989).
