54-4-8 - Additions, improvements, extensions, repairs or changes -- Apportioning costs.
54-4-8. Additions, improvements, extensions, repairs or changes -- Apportioningcosts.
(1) (a) Whenever the commission shall find that additions, extensions, repairs, orimprovements to or changes in the existing plant, equipment, apparatus, facilities, or otherphysical property of any public utility or of any two or more public utilities ought reasonably tobe made, or that a new structure or structures ought to be erected to promote the security orconvenience of its employees or the public or in any way to secure adequate service or facilities,the commission shall make and serve an order directing that such additions, extensions, repairs,improvements, or changes be made or such structure or structures be erected in the manner andwithin the time specified in the order.
(b) If any additions, extensions, repairs, improvements, or changes, or any new structureor structures which the commission has ordered to be erected, require joint action by two or morepublic utilities, the commission shall notify the public utilities that the additions, extensions,repairs, improvements, or changes, or new structure or structures have been ordered and shall bemade at their joint cost; whereupon the public utilities shall have reasonable time as thecommission may grant within which to agree upon the portion or division of cost of theadditions, extensions, repairs, improvements, or changes or any new structure or structures whicheach shall bear.
(2) If at the expiration of the time in Subsection (1)(b) the public utilities shall fail to filewith the commission a statement that an agreement has been made for division or apportionmentof the cost or expense of the additions, extensions, repairs, improvements, or changes, or of thenew structure or structures, the commission shall have authority, after further hearing, to make anorder fixing the proportion of the cost or expense to be borne by each public utility and themanner in which the cost or expense shall be paid or secured.
Amended by Chapter 306, 2007 General Session