§2103. Transmission and distribution utility and cooperative authorized to serve same area
After September 1, 1967, where a cooperative organized under chapter 37 and any other transmission and distribution utility are serving or authorized to serve the same municipality, neither the cooperative nor the other utility may bring electrical service to a new location except as provided in this section. [PL 1999, c. 398, Pt. A, §31 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
1. Notice. The cooperative or utility must notify the other cooperative or utility and the commission, in writing, of the request by the party for electrical service, where bringing the service requires the extension of existing distribution facilities.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2. Filing objections. If, after notice, the other cooperative or utility opposes the bringing of electrical service to the new service location, within 7 days of receipt of the notice of proposed service, it shall:
A. File objections to the bringing of the electrical service with the commission; and [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. Send a copy of its objections to the utility or cooperative and to the party requesting electrical service. [PL 1987, c. 141, Pt. A, §6 (NEW).]
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3. Decision. If objections are filed, the commission shall immediately set a hearing date, and shall determine whether the cooperative or the other utility shall serve. If, after notice, either the cooperative or the utility fails to file its objections pursuant to subsection 2, it will be conclusively presumed that the cooperative or the utility, as the case may be, has consented to the furnishing of the service.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
4. Temporary service pending a decision. Pending the final determination of the right to serve, the commission may order temporary service brought to the prospective new service location without prejudice to the rights of any party.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1999, c. 398, §A31 (AMD). PL 1999, c. 398, §§A104,105 (AFF).
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