40-331. Power of commission to order additions,
improvements or changes in plant of public service corporations;
additions or changes made jointly
A. When the commission finds that additions or improvements to or changes in the
existing plant or physical properties of a public service corporation ought reasonably to
be made, or that a new structure or structures should be erected, to promote the security
or convenience of its employees or the public, the commission shall make and serve an
order directing that such changes be made or such structure be erected in the manner and
within the time specified in the order. If the commission orders erection of a new
structure, it may also fix the site thereof.
B. If any such changes require joint action by two or more public service
corporations, the commission shall notify the corporations thereof and that the changes
shall be made at their joint cost, whereupon the corporations shall have such reasonable
time as the commission grants within which to agree upon the division of cost. If at the
expiration of the time the corporations fail to file with the commission a statement that
an agreement is made for a division or apportionment of the cost or expense of the
change, the commission may make an order fixing the proportion of the cost or expense to
be borne by each corporation, and the manner of payment.
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