Title 46, Chapter 3, Section 4
( 46-3-4)
After March 29, 1973, and continuing thereafter as rapidly as it is
administratively practicable to do so, the commission is authorized
and directed to assign to electric suppliers or to declare as
unassigned areas-B all geographic areas in this state that were, on
March 29, 1973, located outside the corporate limits of any
municipality. Such assignments and declarations of unassignment
shall be effected by the commission in accordance with the following
standards: (1) Assigned areas shall be described by defined boundaries on
maps to be filed with the commission and incorporated by it in its
orders. Where deemed necessary or appropriate, the commission may
require boundaries to be additionally described by written metes
and bounds; (2) Each geographic area assigned shall be assigned to only one
electric supplier, as determined by public convenience and
necessity, having primary regard for the location of electric
suppliers' lines but having no regard for differences in electric
suppliers' retail rates or for the fact that retail consumers are
not then being served from such lines; (3) Each geographic area assigned shall be so assigned that its
boundaries enclose land spaces in which the assignee electric
supplier owns all or a preponderance of the lines, provided that a
geographic area may be so assigned or declared unassigned even
though it is completely surrounded by the inner boundaries of
another geographic area assigned to an electric supplier.
Boundaries will be located around the perimeter of such land
spaces so as to be approximately 1,000 feet from the nearest of
the assignee electric supplier's lines so enclosed, provided that
if the lines of two or more electric suppliers are closer together
than 2,000 feet, the boundary shall be located approximately
halfway between them; provided, however, that where compelling
factors of public convenience and necessity so require, including
the need for using natural and manmade landmarks for boundary
references, the location of a boundary may vary somewhat more or
somewhat less than such 1,000 foot or halfway distance; provided,
further, that such 1,000 foot or halfway distance standards shall
not apply to any lines of the assignee electric supplier which
extend from inside the assigned area outside such area or to any
lines of any other electric supplier which extend from outside the
area inside or completely across such area and which do not
otherwise occasion assignment or unassignment of land space, the
rights and restrictions applying to such other electric supplier's
lines inside such area being as provided for in paragraph (4) of
this Code section; (4) A line of an electric supplier which extends into or
completely crosses a land space in which another electric supplier
owns a preponderance of the lines may nevertheless be considered
as the basis for assigning or declaring unassigned land space
related thereto; but, unless such line so occasions an assignment
or an unassignment, then, from and after the date of the
assignment to an electric supplier of the geographic area within
which such line is enclosed and based upon the location of both
suppliers' lines on that date, the electric supplier owning such
enclosed line shall have the exclusive right to extend and
continue furnishing service to all new premises locating at least
partially within 500 feet of such line and wholly more than 500
feet from the assignee electric supplier's lines and shall have
the right, if chosen by the consumer utilizing such premises, to
extend and continue furnishing service to new premises locating at
least partially within 500 feet of both electric suppliers' lines
but shall not otherwise have the right, unless so agreed by the
assignee electric supplier and the consumer utilizing such
premises, to extend and furnish service to any other premises
locating inside such assigned area; (5) Except where public convenience and necessity require their
assignment, the commission shall declare as unassigned areas-B
those land spaces which are not assigned to an electric supplier
pursuant to any other provision of this part; and (6) Not inconsistent with Code Section 46-3-8, any electric supplier may apply to the commission for assignment to it of one or more geographic areas or for the commission to declare one or more geographic areas to be unassigned areas-B. |