Title 46, Chapter 4, Section 24
( 46-4-24)
(a) Any person engaged in the construction or operation of any
pipeline or distribution system, or any extension thereof, as of
February 17, 1956, shall be entitled to receive a certificate of
public convenience and necessity from the commission authorizing
that person to continue the construction or operation of such
pipeline or distribution system, or any extension thereof, in the
territory being served by that person on February 17, 1956, if by
February 17, 1957, that person filed maps with the commission
showing the territory being served by that person. (b) If, pursuant to subsection (a) of this Code section, more than
one person filed maps indicating service in the same territory, the
commission shall, after a hearing conducted after the giving of
reasonable notice to the interested parties, determine from such
evidence as it may reasonably require which of such persons shall be
entitled to the certificate of public convenience and necessity. In
making such determination, the commission shall consider the ability
of such persons to furnish thereafter reasonably adequate service in
the territory in question. (c) Pending the granting of a certificate as provided in this Code
section, a person applying for such certificate under this Code
section may lawfully continue the construction or operation of any
pipeline or distribution system, or any extension thereof, in the
territory being served by such person on February 17, 1956. |