30-153. Issuance of certificate; conflicting
applications
A. If an application is granted in whole or in part, a power purchase certificate
shall be issued by the authority in accordance with its order. Power purchase
certificates shall be numbered consecutively according to date of issuance, shall set
forth the name of the applicant to which issued and the territory for which issued. The
certificate so issued may be assigned by the holder after first securing the approval of
the authority, but a transfer by operation of law or by virtue of any judicial, trustee's
or other involuntary sale shall not require the authority's approval.
B. The application of any applicant shall be granted for so much of the territory
included in its application as is then being served with electrical energy by it. No
power purchase certificate shall be issued to an applicant for territory which is then
being served with electrical energy by a person or operating unit, subject to the
applicable provisions set forth in section 30-154 respecting districts and incorporated
cities and towns. If applications for power purchase certificates are filed by two or
more applicants covering wholly or in part the same geographical area, and no electrical
service is then being rendered in the area by any person or operating unit, the authority
shall award a certificate to the applicant or applicants which, in the judgment of the
authority will best serve the area after giving due consideration to the preparedness of
competing applicants to serve the territory in question, the investments involved, the
adequacy of the service proposed to be rendered to consumers therein, and the time
required to furnish the service and any other relevant and pertinent matters bearing upon
the controversy.
C. No applicant for the whole or any part of an area in which no electrical service
is then being rendered shall, after the filing of the first application for the unserved
territory, begin service therein pending final decision by the authority on all
conflicting applications covering the territory.
D. No applicant for a power purchase certificate shall be granted a certificate
until it first enters into a contract with the authority for the payment to the
authority, in the manner and at the time required by the authority, of the current
administration charge, if any, applicable to the power to be purchased under contracts
with the authority.
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