Arizona Laws 40-332. Power of commission to order joint use of facilities belonging to public service corporation
A. When the commission finds that public convenience and necessity require the use by one public service corporation of the equipment, or any part of the equipment, on, over or under any street or highway belonging to another public service corporation, that the use will not result in irreparable injury to the other users thereof or in any substantial detriment to the service and that the public service corporations have failed to agree upon the use or the terms and conditions of the use, the commission may by order direct that such use be permitted and may prescribe reasonable compensation and terms for the joint use. If the use is directed, the corporation to which the use is permitted shall be liable to the owner or other users of the equipment for damage which results therefrom to the property of the owner or other users thereof.
Terms Used In Arizona Laws 40-332
- Commission: means the corporation commission. See Arizona Laws 40-201
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Electric distribution service: means the distribution of electricity to retail electric customers through the use of electric distribution facilities. See Arizona Laws 40-201
- Electric transmission service: means the transmission of electricity to retail electric customers or to electric distribution facilities that is so classified by the federal energy regulatory commission or, to the extent permitted by law, so classified by the Arizona corporation commission. See Arizona Laws 40-201
- Electricity supplier: means a person, whether acting in a principal, agent or other capacity, that is a public service corporation that offers to sell electricity to a retail electric customer in this state. See Arizona Laws 40-201
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Property: includes both real and personal property. See Arizona Laws 1-215
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
B. Every public service corporation shall allow every electricity supplier and self-generator of electricity access to electric transmission service and electric distribution service under rates and terms and conditions of service that are just and reasonable as determined and approved by regulatory agencies that have jurisdiction over electric transmission service and electric distribution service. Nothing in this subsection limits the access of a public power entity as defined in section 30-801 to the transmission services of public service corporations in accordance with the federal power act, 16 United States Code § 792.