40-209. Franchises; electric generation
suppliers; limitations
Regulation of electricity suppliers providing electric generation service is a
matter of statewide concern. Cities, including charter cities, towns and counties shall
not require franchises for electricity suppliers to provide electric generation service
within its jurisdiction and shall not impose rents, charges or taxes on the use of public
streets, roads and alleys on electricity suppliers for the provision of electric
generation service within its jurisdiction, except that a fee equal to the franchise fee
of the electric distribution utility may be charged to the electricity supplier on any
portion of a retail electricity sale not otherwise subject to a franchise fee made using
electric distribution facilities in service territories that are franchised as of the
effective date of this section. Nothing in this subsection affects the authority of
cities, including charter cities, towns and counties to require franchises for
electricity suppliers providing electric distribution service within their jurisdiction.
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