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MPC asks PSC to validate certificate in light of court’s ruling

In advance of Friday morning’s hearing, Mississippi Power Co. filed Thursday a motion asking the Public Service Commission to issue a declaratory opinion affirming that the certificate of public convenience and necessity the Commission issued for the Kemper County coal plant last year is still valid.

The Mississippi Supreme Court ruled 9-0 March 15 that the PSC’s split decision to grant the certificate in 2010 was not based on “substantial evidence presented.” Northern District Commissioner Brandon Presley voted against the project. The Southern District’s Leonard Bentz and Lynn Posey of the Central District voted for it.  MPC said shortly after the high court’s ruling that it would continue construction on the project.

What MPC is asking commissioners to affirm is that, essentially, the Supreme Court’s ruling does not disallow construction on the $2.88 billion project from continuing.

The motion says that stopping construction would do “significant and potentially irreparable harm to MPC and its customers and to ensure the timely and cost-effective completion of the Kemper Project in order to assure maintenance of adequate service to customers.”

Commissioners will take up the matter Friday at 9 a.m. in the PSC meeting room of the Woolfolk building in Jackson.

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