476.23 - ELECTRIC SERVICE CONFLICTS -- CERTIFICATES OF AUTHORITY.

        476.23  ELECTRIC SERVICE CONFLICTS -- CERTIFICATES OF      AUTHORITY.         1.  An electric utility shall not construct or extend facilities      or furnish or offer to furnish electric service to the existing point      of delivery of any customer already receiving electric service from      another electric utility without having first filed with the board      the express written agreement of the electric utility presently      serving this customer, except as otherwise provided in this section.      Any municipal corporation, after being authorized by a vote of the      people, or any electric utility may file a petition with the board      requesting a certificate of authority to furnish electric service to      the existing point of delivery of any customer already receiving      electric service from another electric utility.  If, after notice by      the board to the electric utility currently serving the customer,      objection to the petition is not filed and investigation is not      deemed necessary, the board shall issue a certificate within thirty      days of the filing of the petition.  When an objection is filed, if      the board, after notice and opportunity for hearing, determines that      service to the customer by the petitioner is in the public interest,      including consideration of any unnecessary duplication of facilities,      it shall grant this certificate in whole or in part, upon such terms,      conditions, and restrictions as may be justified.  Whether or not an      objection is filed, any certificate issued shall require that the      petitioner pay to the electric utility presently serving the      customer, the reasonable price for facilities serving the customer.      This price determination by the board shall include due consideration      of the cost of the facilities being acquired; any necessary      generating capacity and transmission capacity dedicated to the      customer, including, but not limited to, electric power generating      facilities and alternate energy production facilities not yet in      service but for which the board has issued an order pursuant to      section 476.53, and electric power generating facility emissions plan      budgets approved by the board pursuant to section 476.6, subsection      21; depreciation; loss of revenue; and the cost of facilities      necessary to reintegrate the system of the utility after detaching      the portion sold.         2.  An electric utility shall not construct or extend facilities      or furnish electric service to a prospective customer not presently      being served, unless its existing service facilities are nearer the      proposed point of delivery than the service facilities of any other      utility. However, an electric utility may extend electric service and      transmission lines if the electric utility closest to the delivery      point consents to this extension in writing and a copy of the      agreement is filed with the board or, if the board, after notice and      opportunity for hearing and after giving due consideration to the      prevention of unnecessary duplication of facilities, finds that      service from an electric utility, other than the closest utility, is      in the public interest. This subsection shall not apply if the      prospective customers are within an exclusive service area assigned      to an electric utility as provided in this division.         3.  Notwithstanding subsections 1 and 2 of this section, any      electric utility may extend electric service and transmission lines      to its own utility property and facilities.         4.  If not inconsistent with the provisions of this division:         a.  All rights of municipal corporations under chapter 364 to      grant a person a franchise to erect, maintain, and operate plants and      systems for electric light and power within the corporate boundaries,      and rights acquired by franchise or agreement shall be preserved in      these municipal corporations;         b.  All rights of city utilities under the city code shall be      preserved in these city utilities;         c.  All rights of city utilities and joint electric utilities      under chapter 390 shall be preserved in these city utilities and      joint electric utilities; and         d.  All rights of cities under chapter 6B are preserved.      However, prior to the institution of condemnation proceedings, the      city shall obtain a certificate of authority from the board in      accordance with this division and the board's determination of price      under this division shall be conclusive evidence of damages in these      condemnation proceedings.  
         Section History: Early Form
         [C66, 71, 73, 75, § 490A.23, 490A.24; C77, 79, 81, § 476.23] 
         Section History: Recent Form
         2003 Acts, ch 29, §1, 6         Referred to in § 437A.3, 476.1B, 476.22