40-491. Definitions In this article, unless the context otherwise requires: 1. " Customer" means the person in whose name a utility service is provided. 2. " Person" means an individual, partnership, firm, association or corporation. 3. " Reconnection" means the restoration of utility service to a customer or other person after service has been legally […]
40-492. Tampering with a utility; civil action A. A utility may bring an action for damages or to enjoin any activity against a person who: 1. Makes a connection or reconnection with property owned or used by the utility to provide utility service without the authorization or consent of the utility. 2. Prevents a utility […]
40-493. Damages; costs; attorney fees In a civil action pursuant to section 40-492, the utility may recover as damages three times the amount of actual damages. The prevailing party shall recover reasonable attorney fees, costs and other expenses.
40-494. Presumption of violation A rebuttable presumption that there is a violation of section 40-492 arises if either: 1. An instrument, apparatus or device installed to obtain utility service without paying the full charge is found attached to the meter or other device used to provide the utility service on the premises controlled by the […]
40-495. Excess damages considered in establishing rates Damages recovered in excess of actual damages sustained by the utility shall be considered by a public service corporation in establishing its utility rates.
