Section 61-1709 – COMMISSION PROCEDURES — ADMINISTRATIVE REMEDY — RECONSIDERATION — JUDICIAL REVIEW.
61-1709. COMMISSION PROCEDURES — ADMINISTRATIVE REMEDY — RECONSIDERATION — JUDICIAL REVIEW. (1) All matters arising under this chapter shall be governed by the commission’s rules of procedure. (2) The commission’s proceeding to review an application for a route certificate for the construction of transmission facilities in a designated national interest electric transmission corridor shall constitute […]
Section 61-1708 – EFFECT OF ISSUANCE OF ROUTE CERTIFICATION.
61-1708. EFFECT OF ISSUANCE OF ROUTE CERTIFICATION. (1) Subject to any conditions attached to the certificate by the commission, a final commission order granting a route certificate shall bind the state and each of its agencies, divisions, bureaus, commissions, boards and local governments as to the approval of the authorized transmission route and the construction […]
Section 61-1604 – LIMITATION ON AGGREGATE AMOUNT OF COST REDUCTION FINANCING.
61-1604. LIMITATION ON AGGREGATE AMOUNT OF COST REDUCTION FINANCING. The amount of approved costs in a cost reduction order, either individually or in the aggregate with previously approved costs included in cost reduction orders that remain outstanding, may not exceed an amount equal to forty percent (40%) of the public utility’s total capitalization, including both […]
Section 61-1605 – COST REDUCTION RATE.
61-1605. COST REDUCTION RATE. (1) Each cost reduction order shall specify a procedure for making adjustments to the cost reduction rate that is the subject of the order. (2) Upon application by a public utility the commission may: (a) Authorize the making of adjustments to the cost reduction rate at more frequent intervals than those […]
Section 61-1606 – COST REDUCTION INSTRUMENTS.
61-1606. COST REDUCTION INSTRUMENTS. (1) Public utilities and assignees may issue and sell cost reduction instruments upon approval by the commission of such action in a cost reduction order. (2) Public utilities and assignees may sell and assign all or portions of their interest in cost reduction property that is the basis for the issuance […]
Section 61-1607 – SECURITY INTEREST.
61-1607. SECURITY INTEREST. (1) To the extent the provisions of this section conflict with chapter 9 as from time to time in effect, including any successor provisions, this section shall apply. (2) A security interest in cost reduction property is valid, is enforceable against the pledgor and third parties, subject to the rights of any […]
Section 61-1608 – TRANSFERS IN INTEREST.
61-1608. TRANSFERS IN INTEREST. (1) A transfer of cost reduction property by a public utility to an assignee, or by an assignee to another assignee, that the parties have in the governing documentation expressly stated to be a sale or other absolute transfer, in a transaction approved in a cost reduction order, shall be treated […]
Section 61-1609 – SUCCESSORS.
61-1609. SUCCESSORS. Any successor to the public utility, whether pursuant to any bankruptcy, reorganization or other insolvency proceeding, or pursuant to any merger, sale or transfer, by operation of law or otherwise, shall perform and satisfy all obligations of the public utility pursuant to this chapter in the same manner and to the same extent […]
Section 61-1610 – DISCLAIMER OF STATE FULL FAITH AND CREDIT.
61-1610. DISCLAIMER OF STATE FULL FAITH AND CREDIT. Cost reduction rates, cost reduction property, and any related cost reduction instruments issued under this chapter and any applicable cost reduction orders do not constitute a debt or liability of this state or of any political subdivision thereof and do not constitute a pledge of the full […]
Section 61-1611 – SEVERABILITY.
61-1611. SEVERABILITY. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. History: [61-1611, added 2005, ch. 372, sec. 1, p. 1194.]