40-332. Power of commission to order joint use
of facilities belonging to public service corporation
A. When the commission finds that public convenience and necessity require the use
by one public service corporation of the equipment, or any part of the equipment, on,
over or under any street or highway belonging to another public service corporation, that
the use will not result in irreparable injury to the other users thereof or in any
substantial detriment to the service and that the public service corporations have failed
to agree upon the use or the terms and conditions of the use, the commission may by order
direct that such use be permitted and may prescribe reasonable compensation and terms for
the joint use. If the use is directed, the corporation to which the use is permitted
shall be liable to the owner or other users of the equipment for damage which results
therefrom to the property of the owner or other users thereof.
B. Every public service corporation shall allow every electricity supplier and
self-generator of electricity access to electric transmission service and electric
distribution service under rates and terms and conditions of service that are just and
reasonable as determined and approved by regulatory agencies that have jurisdiction over
electric transmission service and electric distribution service. Nothing in this
subsection limits the access of a public power entity as defined in section 30-801 to the
transmission services of public service corporations in accordance with the federal power
act, 16 United States Code section 792.
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