30-809

30-809. Consumer choice

A. Except as provided in subsection B of this section, during the initial
construction of a residential structure, electric and natural gas facilities at a minimum
shall be installed in and to the structure in a manner that provides the retail energy
consumer ultimately residing in the structure with the capability to choose between
electricity and natural gas as an energy source for each appliance application.

B. A residential structure may be constructed without the installation of any
particular facilities if:

1. The structure is not located within the service territory of a public power
entity that furnishes the associated energy service.

2. Unless mandated otherwise by law or governmental regulation, the public power
entity that furnishes the associated energy notifies the contractor or owner that the
extension of facilities to the structure is not economically feasible.

3. The public power entity that furnishes a particular energy service and the owner
or contractor agree that the extension of facilities to the subdivision, to the structure
or to any appliance application would not be economically feasible or would otherwise be
inappropriate. In that case, the parties may agree not to install facilities in the
subdivision, to install service to any or all residential structures without providing
service to any appliance application or to install facilities to some but not all
appliance applications.

C. Unless mandated by law or a generally accepted industry code, a person or
entity, including municipal corporations and political subdivisions, shall not engage in
any practice that interferes with the opportunity to have electric and natural gas
facilities at a minimum installed in and to an existing residential structure in a manner
that provides the retail energy consumer ultimately residing in the structure and all
subsequent retail energy consumers residing in the structure with the capability to
choose between electricity and natural gas as an energy source for each appliance
application. This subsection does not apply to reasonable sales and marketing activities.

D. If a trench is provided by a contractor or a property owner for the purpose of
having utility facilities installed to a residential structure, electric and natural gas
facilities at a minimum shall be permitted to occupy the trench if the installation of
the facilities is completed in compliance with generally accepted industry safety codes
applicable to the installation. Except for underground conversion service areas
prescribed by sections 40-341 through 40-355 and improvement districts for underground
utility facilities prescribed by section 48-620, if the contractor or property owner
conditions occupancy in a trench on a reimbursement of costs associated with providing
the trench, the contractor or property owner may require an occupant to pay a pro rata
share of the costs associated with providing the trench. A public power entity may use as
a credit against the payment money paid through the public power entity's conduit or
other reimbursement programs.

E. Before initiating a complaint with a public power entity or the commission, the
parties to a dispute arising under subsections A through D of this section shall meet and
in good faith attempt to resolve the dispute through an informal dispute resolution
process. Compliance with this section does not require inspection or enforcement by a
city, town or county.

F. After facilities have been installed initially in accordance with subsection A
of this section, the public power entity, the homeowner, the home builder or the
contractor are not responsible or liable for any subsequent modification to the number of
initially installed facilities.