56-265.4:2 - Extension of service by cities and towns into annexed areas
§ 56-265.4:2. Extension of service by cities and towns into annexed areas.
A. Any city or town in the Commonwealth which provides electric utilityservice for the use of its residents may, at any time following annexation ofadditional territory to such city or town, acquire the distribution systemfacilities of the electric utility serving the annexed area in the mannerprovided by Title 25.1. As used in this section (i) the term "distributionsystem facilities" shall be deemed to include all facilities necessary todistribute electric utility service to any annexed area but shall not includesubstations of the public utility whose facilities are being acquired, and(ii) the terms "city" and "town" shall not include a shire, a borough orany other subdivision of a city or town. This section shall not apply to theaddition of territory to a city or town by consolidation, merger, or throughany other procedure that results in an effective combination with anothergovernmental entity.
B. Upon completion of the eminent domain proceedings or upon the negotiationof a settlement between the city or town and the electric utility, the StateCorporation Commission shall amend the certificate of convenience andnecessity of the public utility whose distribution system facilities havebeen acquired to reflect the change in its territory.
(1978, c. 325; 1987, c. 337; 1995, c. 36.)