61-328. ELECTRIC UTILITIES — SALE OF PROPERTY TO BE APPROVED BY COMMISSION. (1) No electric public utility or electrical corporation as defined in chapter 1, title 61, Idaho Code, owning, controlling or operating any property located in this state which is used in the generation, transmission, distribution or supply of electric power and energy to the public or any portion thereof, shall merge, sell, lease, assign or transfer, directly or indirectly, in any manner whatsoever, any such property or interest therein, or the operation, management or control thereof, or any certificate of convenience and necessity or franchise covering the same, except when authorized to do so by order of the public utilities commission.
(2) The electric public utility or electrical corporation shall file a verified application setting forth such facts as the commission shall prescribe or require. The commission shall issue a public notice and shall conduct a public hearing upon the application.
(3) Before authorizing the transaction, the public utilities commission shall find:
(a) That the transaction is consistent with the public interest;
(b) That the cost of and rates for supplying service will not be increased by reason of such transaction; and
(c) That the applicant for such acquisition or transfer has the bona fide intent and financial ability to operate and maintain said property in the public service.
The applicant shall bear the burden of showing that standards listed above have been satisfied.
(4) The commission shall have power to issue said authorization and order as prayed for, or to refuse to issue the same, or to issue such authorization and order with respect only to a part of the property involved. The commission shall include in any authorization or order the conditions required by the director of the department of water resources under section 42-1701(6), Idaho Code. The commission may attach to its authorization and order such other terms and conditions as in its judgment the public convenience and necessity may require.
History:
[61-328, added 1951, ch. 3, sec. 2, p. 4; am. 2000, ch. 224, sec. 2, p. 620.]
Structure Idaho Code
Title 61 - PUBLIC UTILITY REGULATION
Chapter 3 - DUTIES OF PUBLIC UTILITIES
Section 61-301 - CHARGES JUST AND REASONABLE.
Section 61-302 - MAINTENANCE OF ADEQUATE SERVICE.
Section 61-303 - RULES AND REGULATIONS JUST AND REASONABLE.
Section 61-304 - SCHEDULES OF COMMON CARRIERS — CONTENTS — POSTING — FORM.
Section 61-305 - SCHEDULES OF OTHERS THAN COMMON CARRIERS.
Section 61-306 - SCHEDULES — CHANGE IN FORM.
Section 61-307 - SCHEDULES — CHANGE IN RATE AND SERVICE.
Section 61-308 - SCHEDULES — JOINT RATES.
Section 61-309 - SCHEDULES — FILING BY COMMON CARRIERS A PRECEDENT TO DO BUSINESS.
Section 61-310 - ONLY SCHEDULE RATES TO BE CHARGED.
Section 61-311 - PASSES — RESTRICTED TO CERTAIN PERSONS.
Section 61-312 - PROPERTY HANDLED FREE — REDUCED RATES FOR DEPENDENTS.
Section 61-313 - SCHEDULE CHARGES ONLY PERMITTED.
Section 61-314 - SCHEDULE OF RATES WITHIN AND WITHOUT STATE.
Section 61-315 - DISCRIMINATION AND PREFERENCE PROHIBITED.
Section 61-315A - CERTAIN INVERTED RESIDENTIAL ELECTRICAL RATE STRUCTURES PROHIBITED — EXPIRATION.
Section 61-317 - SLIDING SCALE OF CHARGES — AUTOMATIC ADJUSTMENT.
Section 61-318 - INTERCHANGE OF TRAFFIC — DUTY OF ESTABLISHING JOINT RATES.
Section 61-319 - INTERCHANGE OF TELEPHONE MESSAGES.
Section 61-320 - FALSE BILLING — TRANSPORTATION AT LESS THAN SCHEDULED RATES PROHIBITED.
Section 61-321 - FALSE CLAIM FOR DAMAGES.
Section 61-322 - LONG AND SHORT HAUL.
Section 61-323 - TELEPHONE COMPANIES — LONG AND SHORT DISTANCE SERVICE.
Section 61-324 - RAILROADS — SWITCH CONNECTION.
Section 61-325 - RAILROADS — SPURS.
Section 61-326 - STREET AND INTERURBAN RAILROADS — FARES — TRANSFERS.
Section 61-327 - ELECTRIC UTILITY PROPERTY — ACQUISITION BY CERTAIN PUBLIC AGENCIES PROHIBITED.
Section 61-328 - ELECTRIC UTILITIES — SALE OF PROPERTY TO BE APPROVED BY COMMISSION.
Section 61-329 - UNLAWFUL TRANSFER OR ACQUISITION — ESCHEAT.
Section 61-330 - EVASIONS OF ACT — CONCLUSIVE PRESUMPTIONS.
Section 61-331 - VIOLATION OF ACT — CRIMINAL PENALTY.
Section 61-332 - PURPOSE OF ELECTRIC SUPPLIER STABILIZATION ACT.
Section 61-332A - DEFINITIONS FOR ELECTRIC SUPPLIER STABILIZATION ACT.
Section 61-332C - PROVISIONS FOR SELECTING ELECTRIC SUPPLIER FOR NEW ELECTRIC SERVICE ENTRANCES.
Section 61-332D - WHEELING SERVICES.
Section 61-333A - INCREASED AREA — EXTENSION OF SERVICE PERMITTED.
Section 61-333C - NONMUNICIPAL SERVICE ORGANIZATIONS PROHIBITED FROM EXTENDING SERVICE.
Section 61-334 - SPECIAL RULES OF INTERPRETATION.
Section 61-334A - REMEDIES FOR VIOLATION OF THIS ACT.
Section 61-334B - COMMISSION SUPERVISION AND AUTHORITY.
Section 61-334C - ELECTRIC SUPPLIER IMMUNITY.
Section 61-336 - ADDITIONAL AUTHORITIES OF ELECTRICAL OR NATURAL GAS CORPORATIONS.