Title 46, Chapter 3, Section 3
( 46-3-3)
As used in this part, the term: (1) "Assigned area" means an enclosed geographic area assigned to
only one electric supplier by the commission or by this part, and
inside which the assignee electric supplier shall have the
exclusive right to extend and continue furnishing service to new
premises, except as otherwise provided in this part. (2) "Electric membership corporation" means a corporation
organized under Article 2 of this chapter. (3) "Electric supplier" means any electric light and power company
subject to regulation by the commission, any electric membership
corporation furnishing retail service in this state, and any
municipality which furnishes such service within this state. (4) "Line" means any conductor for the distribution or
transmission of electricity other than a conductor operating at a
potential of 120,000 volts or more. However, a conductor that
initially constitutes a line shall not cease being a line if,
after March 29, 1973, it is operating at a potential in excess of
120,000 volts. (5) "Municipality" means: (A) Any geographically defined political subdivision of this
state, other than a county, performing or authorized to perform
multiple and substantial municipal functions, specifically
including either the function of furnishing retail electric
service or the function of granting to electric suppliers street
franchise rights for use in furnishing retail electric service; (B) Any geographically defined political subdivision, or agency
thereof, of this state if at any relevant time it lawfully
furnishes retail electric service; and (C) Any political subdivision of any other state which furnishes
retail electric service within this state. (6) "Premises" means the building, structure, or facility to which
electricity is being or is to be furnished, provided that two or
more buildings, structures, or facilities which are located on one
tract or contiguous tracts of land and are utilized by one
electric consumer shall together constitute one premises;
provided, however, that any such building, structure, or facility
shall not, together with any other building, structure, or
facility, constitute one premises if the permanent service to it
is separately metered and the charges for such service are
calculated independently of charges for service to any other
building, structure, or facility; provided, further, that an
outdoor security light, or an outdoor sign requiring less than
2200 watts, shall not constitute a premises. (7) "Primary supplier" within a municipality in existence on March
29, 1973, means, either: (A) That electric supplier which, on March 29, 1973, is
furnishing service to the majority or to a plurality, whichever
is the case, of the retail electric meters then inside the
corporate limits of the municipality; or (B) That electric supplier to which the commission has
reassigned a geographic area, previously assigned to another
electric supplier, located within such municipality as its
limits existed on March 29, 1973. (8) "Secondary supplier" within a municipality in existence on
March 29, 1973, means any electric supplier which owns lines on
that date within such municipality and which is not a primary
supplier. (9) "Service" means retail electric service and includes temporary
or construction service as well as permanent service but excludes
wholesale service and sales for resale. (10) "To own" or "to belong" or the like means, wherever used in
reference to lines being used by an electric supplier, to have any
proprietary or possessory interest. (11) "Unassigned area-A" means a geographic area which, between
March 29, 1973, and Sept. 1, 1975, was not an assigned area and
was not declared to be an unassigned area-B. (12) "Unassigned area-B" means a geographic area which has not
been assigned and which has been declared by the commission to be,
or by operation of this part becomes, an unassigned area-B, and
inside which an electric supplier shall have the right to extend
and thereafter continue furnishing service to new premises
locating therein if chosen by the consumer utilizing such
premises, provided that an electric supplier whose line, as it
exists on March 29, 1973, or as thereafter lawfully constructed to
serve new premises pursuant to this part, is at least partially
within 500 feet of such new premises shall have the exclusive
right to extend and continue furnishing service to such premises
if the line of every other electric supplier so existing or so
thereafter constructed is at that time wholly more than 500 feet
from such premises. (13) "Wholly new municipality" means a municipality initially
coming into existence after March 29, 1973, but not one resulting
from the reincorporation of all or any portion of a geographic
area theretofore contained in a previously existing municipality
or from the merger, consolidation, or any other combination of two
or more political subdivisions which are counties or incorporated
cities. |