(A) As used in this section:

(1) "Privately-owned industrial park" means a privately- owned tract of real property which is used solely for industrial uses, in which the provider of utility services owns or operates an industrial premises and owns or operates facilities for the provision of utility services and on which there is located one or more industrial users. " Privately-owned industrial park" also means those additional tracts as may be subsequently incorporated into the industrial park.

(2) "Industrial premises" means a building, structure, plant, or facility which is located in a privately-owned industrial park and is owned or leased by an industrial user.

(3) "Industrial user" means any person, corporation, or association which is engaged in the business of manufacturing, processing, assembling, fabricating, or related work.

(4) "Provider of utility services" means a person, corporation, or association, other than a regulated public utility or its affiliates, that offers or provides, or both, utility services to the public or any portion of it outside a privately-owned industrial park, which provides any or all of those services which are defined in Chapters 5 and 7 of this title, excluding gas, and subject to regulation by the commission and where the services are provided to an industrial user in a privately-owned industrial park.

(5) "Jurisdictional utilities" means those persons, corporations, associations, or political subdivisions which provide services subject to the jurisdiction of the commission under Chapters 5 and 7 of this title, excluding gas.

(B) The provisions of Chapters 5 and 7 of this title, excluding gas, are not applicable to the provision of utility services to industrial users of these services where the industrial users are located in a privately-owned industrial park where the provider of utility services and the industrial user have agreed in writing to the terms and conditions for the provision of utility services and where all jurisdictional utilities which would have a right to provide any or all of the utility services have agreed in writing to waive their right to further notice and opportunity for hearing with respect to the written agreement and the provision of the services under the terms of the agreement.

(C) Within twenty days after the execution of a written agreement between a provider of utility services and an industrial user pursuant to subsection (B), the provider of utility services must file with the commission and provide to the Office of Regulatory Staff, for information only, the written agreement and all waivers executed by jurisdictional utilities pursuant to subsection (B).

HISTORY: 2001 Act No. 47, Section 1, eff May 29, 2001; 2004 Act No. 175, Section 4, eff February 18, 2004; 2006 Act No. 318, Section 2, eff May 24, 2006.