NEW ALBANY — After five hours in a courtroom where attendees struggled to find standing room, the Mississippi Public Service Commission voted to petition a judge to put the Holly Springs Utility Department into a receivership.
The PSC held the hearing Thursday about a half hour drive west from Holly Springs in New Albany, known as “The Fair and Friendly City.” Throughout the proceedings, members of the PSC, its consultants and Holly Springs officials emphasized there was no precedent for what was going on.
The city of Holly Springs has provided electricity through a contract with the Tennessee Valley Authority since 1935. It serves about 12,000 customers, most of whom live outside the city limits. While current and past city officials say the utility’s issues are a result of financial negligence over many years, the service failures hit a boiling point during a 2023 ice storm where customers saw outages that lasted roughly two weeks as well as power surges that broke their appliances.
Those living in the service area say those issues still occur periodically, in addition to infrequent and inaccurate billing.
“I moved to Marshall County in 2020 as a place for retirement for my husband and I, and it’s been a nightmare for five years,” customer Monica Wright told the PSC at Thursday’s hearing. “We’ve replaced every electronic device we own, every appliance, our well pump and our septic pumps. It has financially broke us.
“We’re living on prayers and promises, and we need your help today.”
Another customer, Roscoe Sitgger of Michigan City, said he recently received a series of monthly bills between $500 and $600.
Following a scathing July report by Silverpoint Consulting that found Holly Springs is “incapable” of running the utility, the three-member PSC voted unanimously on Thursday to determine the city isn’t providing “reasonably adequate service” to its customers. That language comes from a 2024 state bill that gave the commission authority to investigate the utility.
The bill gives a pathway for temporarily removing the utility’s control from the city, allowing the PSC to petition a chancery judge to place the department into the hands of a third party. The PSC voted unanimously to do just that.
Thursday’s hearing gave the commission its first chance to direct official questions at Holly Springs representatives. Newly elected Mayor Charles Terry, utility General Manager Wayne Jones and City Attorney John Keith Perry fielded an array of criticism from the PSC. In his rebuttal, Perry suggested that any solution — whether a receivership or selling the utility — would take time to implement, and requested 24 months for the city to make incremental improvements. Audience members shouted, “No!” as Perry spoke.
“We are in a crisis now,” responded Northern District Public Service Commissioner Chris Brown. “To try to turn the corner in incremental steps is going to be almost impossible.”
It’s unclear how much it would cost to fix the department’s long list of ailments. In 2023, TVPPA — a nonprofit that represents TVA’s local partners — estimated Holly Springs needs over $10 million just to restore its rights-of-way, and as much as $15 million to fix its substations. The department owes another $10 million in debt to TVA as well as its contractors, Brown said.
“The city is holding back the growth of the county,” said Republican Sen. Neil Whaley of Potts Camp, who passionately criticized the Holly Springs officials sitting a few feet away. “You’ve got to do better, you’ve got to realize you’re holding these people hostage, and it’s not right and it’s not fair… They are being represented by people who do not care about them as long as the bill is paid.”
In determining next steps, Silverpoint Principal Stephanie Vavro told the PSC it may be hard to find someone willing to serve as receiver for the utility department, make significant investments and then hand the keys back to the city. The 2024 bill, Vavro said, doesn’t limit options to a receivership, and alternatives could include condemning the utility or finding a nearby utility to buy the service area.
Answering questions from Central District Public Service Commissioner De’Keither Stamps, Vavro said it’s unclear how much the department is worth, adding an engineer’s study would be needed to come up with a number.
Terry, who reminded the PSC he’s only been Holly Springs’ mayor for just over 60 days, said there’s no way the city can afford the repair costs on its own. The city’s median income is about $47,000, roughly $8,000 less than the state’s as a whole.
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