§ 3002 - Powers
§ 3002. Powers
A cooperative shall have power:
(1) To sue and be sued in its corporate name;
(2) To have perpetual existence;
(3) To adopt a corporate seal and alter the same;
(4) To generate, manufacture, purchase, acquire, accumulate and transmit electric energy; and to distribute, sell, supply and dispose of energy, cable television, telecommunications, interactive media and internet access to its members, to governmental agencies and political subdivisions; provided, however, that in the generation of electric energy by water power, a cooperative shall comply with the provisions of sections 1081-1099 of Title 10, relating to the construction and maintenance of dams and, provided further, that a cooperative doing any activity governed by this title shall be regulated hereunder for that activity;
(5) To assist persons to whom electric energy is or will be supplied by the cooperative in wiring their premises and in acquiring and installing, in compliance with all applicable codes, electrical and plumbing appliances, equipment, fixtures and apparatus by the financing thereof or otherwise, and in connection therewith to wire or cause to be wired, such premises and to purchase, acquire, lease as lessor or lessee, sell, distribute, install and repair such electric and plumbing appliances, equipment, fixtures and apparatus with the intention that members of the cooperative make the most efficient use of energy;
(6) To work cooperatively with governmental entities or private sector institutions, or a combination of both, for purposes of economic or community development, to benefit cooperative members in their communities;
(7) To construct, purchase, lease as lessee or lessor, or otherwise acquire, and to equip, maintain and operate; and to sell, assign, convey, mortgage, pledge or otherwise dispose of or encumber electric transmission and distribution lines or systems, electric generating plants, electric cold storage or processing plants, lands, buildings, structures, dams, plants, equipment and any other real or personal property tangible or intangible, which shall be deemed necessary, convenient or appropriate to accomplish the purpose for which the cooperative is organized. However, in the generation of electric energy by water power, a cooperative shall comply with the provisions of sections 1081-1099 of Title 10, relating to the construction and maintenance of dams;
(8) To purchase, lease as lessee or otherwise acquire and to use and exercise and to sell, assign, convey, mortgage, pledge or otherwise dispose of or encumber, franchises, rights, privileges, licenses and easements;
(9) To borrow money and otherwise contract indebtedness and to issue notes, bonds and other evidences of indebtedness; and to secure the payment thereof by mortgage, pledge or deed of trust of, or other encumbrance upon, any or all of its then owned or after-acquired real or personal property, assets, franchises, revenues or income;
(10) To construct, maintain and operate electric transmission and distribution lines along, upon, under and across publicly owned land and public thoroughfares, including, without limitation, all roads, highways, streets, alleys, bridges and causeways in the manner provided by chapters 71, 73 and 75 of this title;
(11) To become a member of one or more other cooperatives formed under this chapter or under the laws of another state or the District of Columbia, to own all or part-ownership interest in a domestic or foreign corporation, and to hold all or part-ownership in a partnership, joint venture, or other entity, provided that such stock or other ownership interest shall be limited to entities with business purposes or operations which are consistent with the purposes set out in section 3001a of this title for which a cooperative may be organized and which will provide products or services to members of the cooperative;
(12) To conduct its business and exercise its powers within or without this state;
(13) To adopt, amend and repeal bylaws;
(14) To do and perform any other acts and things and to have and exercise any other powers which may be necessary or appropriate to accomplish the purpose for which the cooperative is organized; and
(15) For purposes of providing electric power, to condemn property within the state, or easements or other limited rights therein, in the manner provided for public service corporations by sections 111-124 of this title, when it is necessary in order that it may render adequate electric service. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; amended 1999, No. 143 (Adj. Sess.), § 3.)