Section 15-1721. Reservation in the license; state control of rates and use and distribution of power  


Latest version.
  • 1. Every license issued pursuant to title 17 of  this  article  for  a
      project  shall  contain a provision expressly reserving to the state the
      right to regulate and control the use  and  distribution  of  the  power
      generated  by any licensee, and to fix reasonable rates to be charged by
      the licensee under all circumstances for furnishing heat, light or power
      generated wholly or partly  by  the  use  of  property  covered  by  the
      license, and to regulate the service, capitalization and secured debt of
      the licensee and licensed project.
        2. Jurisdiction is hereby conferred upon, and it shall be the duty of,
      the  Public  Service  Commission  to  regulate  and  control the use and
      distribution of all power generated by any licensee under  title  17  of
      this  article,  or generated by any person or public corporation, by the
      use and diversion for power purposes of any waters of the state in which
      the state has a proprietary right or interest,  and  to  fix  reasonable
      rates  to  be  charged  by  such  licensee,  or  such  person  or public
      corporation, for furnishing heat, light or  power  generated  wholly  or
      partly by the use of water in which the state has a proprietary right or
      interest.  In  the  exercise  of  such  jurisdiction  the Public Service
      Commission shall give  preference  to  municipalities  in  the  use  and
      distribution  of  power  generated by such licensee or by such person or
      public corporation. To carry out the provisions  of  this  section,  and
      until    otherwise    provided    by   law,   complaints,   inspections,
      investigations, hearings, rules, regulations, orders and  determinations
      may  be  made or had, and rules, regulations and orders enforced, in the
      manner, so far as applicable, provided in the Public Service  Commission
      Law  in  respect of electrical corporations and of the manufacture, sale
      and distribution of electricity.
        3. Every license issued pursuant  to  this  article  shall  contain  a
      condition  that  the development of power thereunder shall be subject to
      the control and authority of the Public Service Commission to the extent
      conferred upon such Commission by this section.