Capital Elec. Power Ass'n v. Mississippi Power & Light Co., 45104
| Decision Date | 09 December 1968 |
| Docket Number | No. 45104,45104 |
| Citation | 216 So.2d 428 |
| Court | Mississippi Supreme Court |
| Parties | CAPITAL ELECTRIC POWER ASSOCIATION v. MISSISSIPPI POWER & LIGHT COMPANY. |
Hedgepeth & Hedgepeth, Jackson, for appellant.
Wise, Carter & Child, Jackson, for appellee.
This case involves the validity of an order of the Public Service Commission pertaining to two electric utilities, and the question of whether under the existing facility rule the Commission had substantial evidence to justify it in authorizing Mississippi Power and Light Company, appellee (hereinafter called MP ), to construct on its own rights-of-way an electric line to provide standby auxiliary service for its properly authorized substation, which is located in an area certificated to Capital Electric Power Association. We hold that it had, and therefore affirm the decree of the Chancery Court for the First Judicial District of Hinds County, which in turn had affirmed the Commission's order.
In 1959 Capital Electric, appellant, obtained from the Commission a grandfather certificate of public convenience and necessity including the area in which is located MP 's substation. MP had an arrangement with other electric utility companies in the central south and with the TVA for the interchange of electric power. In order to provide for interchanges of large blocks of power, MP found it necessary to construct transmission lines of extra high voltage (EHV) and the necessary substations to step down power from high voltage to 115 KV. In 1963 (amended in 1965) the Commission granted MP a certificate to construct an EHV transmission system of 500 KV in certain areas of the state, including Hinds County. A part of this transmission system authorized by the Commission was the Ray Braswell 500 KV EHV substation located in Hinds County. Its purpose is to provide a point where the power, received from those with whom the company has interchange arrangements, may be transformed into the voltage required to utilize it in the Jackson and central Mississippi areas.
These orders of the Commission were not appealed from and are now final. The Braswell substation is located in the western part of Hinds County, within the area certificated to Capital Electric, which had notice of the application and hearing but did not protest construction of the substation at the present site. Because of these interchange arrangements, the Braswell substation is a vital and essential part of the EHV transmission system in the middle south, handling up to 2000 megawatts of power and transferring it from one area of the South to another. It is also a vital and essential part of MP 's electric system for the furnishing of adequate service to consumers in the Jackson and central Mississippi area.
Operation of the Braswell substation requires that certain auxiliary electric power be furnished to it in order to maintain an adequate level of temperature in the circuit breakers of the substation, which cost $250,000 each, to provide air-conditioning for the control house on the substation site and electronic equipment in it, and to furnish lighting on the substation for certain DC battery chargers. These are essential to continue its operation. The auxiliary power must be available constantly. The substation cannot be without such auxiliary power for a period of more than one and one-half hours without serious damage to MP 's system. Auxiliary power is that used on the substation site for purposes of maintaining the facility, which in turn provides a source of power for MP 's system. It is furnished by using certain extra power in the transformers located in the substation.
The purpose of the approximately 6,000 feet of 13.8 KV...
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...determine the weight of the evidence, the reliability of estimates and the credibility of witnesses. Capital Electric Power Ass'n v. Mississippi Power & Light Co., 216 So.2d 428 (Miss.1968); and Southern Bell T. & T. Co. v. Mississippi Pub. Serv. Com'n., 237 Miss. 157, 113 So.2d 622 (1959).......
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