§269-7.5  Certificates of public convenience
and necessity.  (a)  No public utility, as defined in section 269‑1,
shall commence its business without first having obtained from the commission a
certificate of public convenience and necessity.  Applications for certificates
shall be made in writing to the commission and shall comply with the
requirements prescribed in the commission's rules.  The application shall
include the type of service to be performed, the geographical scope of the
operation, the type of equipment to be employed in the service, the name of
competing utilities for the proposed service, a statement of its financial
ability to render the proposed service, a current financial statement of the
applicant, and the rates or charges proposed to be charged including the rules
governing the proposed service.



(b)  If the applicant for a certificate of
public convenience and necessity has any known consumers or patrons at the time
of the filing of the application, the applicant shall notify these consumers or
patrons of the rates and charges proposed to be established by the application;
provided that:



(1)  The notice shall be mailed to the last known
address of the consumer or patron on file with the applicant or the applicant's
affiliates; and



(2)  The manner and the fact of the notification shall
be reported to the commission,



within seven days from the filing of the application.



(c)  A certificate shall be issued to any
qualified applicant, authorizing the whole or any part of the operations covered
by the application, if it is found that the applicant is fit, willing, and able
properly to perform the service proposed and to conform to the terms,
conditions, and rules adopted by the commission, and that the proposed service
is, or will be, required by the present or future public convenience and
necessity; otherwise the application shall be denied.  Any certificate issued
shall specify the service to be rendered and there shall be attached to the
exercise of the privileges granted by the certificate at the time of issuance
and from time to time thereafter, such reasonable conditions and limitations as
a public convenience and necessity may require.  The reasonableness of the
rates, charges, and tariff rules proposed by the applicant shall be determined
by the commission during the same proceeding examining the present and future
conveniences and needs of the public and qualifications of the applicant, in
accordance with the standards set forth in section 269‑16.



(d)  No public utility that holds a franchise
or charter enacted or granted by the legislative or executive authority of the
State or its predecessor governments, or that has a bona fide operation as a
public utility heretofore recognized by the commission, shall be required to
obtain a certificate of public convenience and necessity under this section.



(e)  Any certificate, upon application of the
holder and at the discretion of the public utilities commission, may be
amended, suspended, or revoked, in whole or in part.  The commission after
notice and hearing may suspend, amend, or revoke any certificate in part or in
whole, if the holder is found to be in wilful violation of any of the
provisions of this chapter or with any lawful order or rule of the commission
adopted thereunder, or with any term, condition, or limitation of the
certificate. [L 1978, c 72, §1; am L 1986, c 127, §1; am L 2006, c 9, §1]



 



Case Notes



 



  Rebuttable presumption that a contribution was made by lot
owners, or lessees, for construction of a utility system inapplicable based on
lack of salient characteristics showing intent by developer to obtain double
recovery for its capital construction costs and regulatory scheme of this
section.  83 H. 132, 925 P.2d 302.