40-344

40-344. Hearing on petition; notice

A. Upon receipt of a petition to establish an underground conversion service area,
the corporation commission, board of supervisors or city or town council shall set a date
for a hearing on the petition, which date shall be not later than sixty days nor sooner
than thirty days after receipt of such petition. At the hearing all interested property
owners owning property within the proposed underground conversion service area may appear
and be heard on the matter. Any person owning property within the proposed underground
conversion service area and wishing to withdraw such person's signature from the petition
of owners referred to in section 40-343, subsection A, or object to the establishment of
the underground conversion service area or to the underground conversion costs as
contained in the joint report pertaining to his lot or parcel included within the
proposed underground conversion service area shall, not later than ten days before the
date set for the hearing, file such person's objections with the clerk of the city or
town council or the board of supervisors or with the corporation commission, as the case
may be.

B. Notice announcing the hearing and describing the boundaries of the proposed
underground conversion service area and stating that the estimated underground conversion
costs for each lot or parcel included within the proposed underground conversion service
area are available at the office of each public service corporation or public agency
shall be posted in not less than three public places within the proposed underground
conversion service area for not less than thirty days prior to the date of the hearing
and shall be published once in a newspaper published in the county and of general
circulation within the proposed underground conversion service area. The publication in
the newspaper shall be not less than twenty days prior to the date of the hearing.

C. In the case of public service corporation, the corporation commission shall mail
not less than thirty days before the date set for the hearing a notice announcing the
hearing and stating the boundaries of the proposed underground conversion service area to
each owner of a lot or parcel of land within the boundaries of the proposed underground
conversion service area, as reflected on the records of the county assessor and to those
governmental agencies having rights in public places within such area. The public
service corporation or corporations involved and all property owners within the
underground conversion service area shall be deemed parties to the proceedings for the
purposes of applications for rehearings or appeals as provided in sections 40-253 and
40-254.

D. If the corporation commission issues an order establishing an underground
conversion service area, the public service corporation shall not be required to commence
conversion until the time for requesting rehearing has expired and no application has
been filed, or if an application for rehearing has been filed, until the commission has
declined to modify or reverse the order, and until either the time for commencing an
action in the superior court to set aside the order has expired and no application has
been filed, or if application has been filed, until a final order, not subject to appeal,
approving or refusing to set aside the commission's order has been issued.

E. In the case of public service corporations which are locally regulated and
licensed by a municipality, the city or town council shall mail not less than thirty days
before the date set for the hearing a notice announcing the hearing and stating the
boundaries of the proposed underground conversion service area to each owner of a lot or
parcel of land within the boundaries of the proposed underground conversion service area,
as reflected on the records of the county assessor and to those governmental agencies
having rights in public places within such area. If the city or town council issues an
order establishing an underground conversion service area, the public service corporation
shall not be required to commence conversion until the time for commencing any action to
set aside the order as provided by subsection F of this section has expired and no such
action has been commenced, or if commenced, such action has been finally disposed of.

F. Any party aggrieved by any act of the city or town council in the establishment
of an underground conversion service area may bring an action in the superior court of
the county in which the underground conversion service area is located to set aside the
action of the city or town council not later than twenty days after the order of the city
or town council establishing the underground conversion service area.

G. In case of public agencies or public service corporations not under the
jurisdiction of the corporation commission and regulated by the board of supervisors, the
board of supervisors shall mail not less than thirty days before the date set for the
hearing a notice announcing the hearing and stating the boundaries of the proposed
service area to each owner of a lot or parcel of land within the boundaries of the
proposed service area, as reflected on the records of the county assessor and those
governmental agencies having rights in public places within the area. If the board of
supervisors issues an order establishing an underground conversion service area, the
public agency shall not be required to commence conversion until the time for commencing
any action to set aside the order as provided by subsection F of this section has expired
and no such action has been commenced, or if commenced, such action has been finally
disposed of.

H. Any party aggrieved by any act of the board of supervisors in the establishment
of an underground conversion service area may bring an action in the superior court of
the county in which the underground conversion service area is located to set aside the
action of the board of supervisors not later than twenty days after the order of the
board of supervisors establishing the underground conversion service area.

I. The costs of posting, publication and mailing provided for in this section shall
be assessed by the city or town council, the board of supervisors or the corporation
commission on a pro rata basis to each public service corporation or public agency whose
overhead electric or communication facilities are to be included in the proposed
underground conversion service area.

J. The corporation commission or the board of supervisors shall not establish any
underground conversion service area without prior approval of such establishment by
resolution of the local government.

K. If the underground conversion service area contains overhead electric or
communication facilities of a public service corporation and public agency, then neither
the public service corporation nor the public agency shall be required to commence
conversion until the corporation commission's order, the board of supervisors' order or
the city or town council's order has become final.