TITLE 39
Public Utilities and Carriers

CHAPTER 39-20
Ownership of Electric Generating Facilities

SECTION 39-20-3


§ 39-20-3 Powers of domestic electric utilities.

Notwithstanding any contrary provisions of any general or special law relating to the powers and authorities of domestic electric utilities or any limitation imposed by their charters (which are hereby amended), but subject to the provisions of this title and this chapter, a domestic electric utility shall have the following additional powers:

(1) Jointly or separately to plan, finance, construct, purchase, operate, maintain, use, share costs of, own, mortgage, lease, sell, provide services for, dispose of, or otherwise participate in electric generating facilities or portions thereof within or without the state or the product or service therefrom or securities issued in connection with the financing of electric generating facilities or portions thereof;

(2) To enter into and perform contracts for joint or separate planning, financing, construction, purchase, operation, maintenance, use, sharing costs of, ownership, mortgaging, leasing, sale, providing services for, disposal of, or other participation in electric generating facilities, or portions thereof, within or without the state, or the product or service therefrom, or securities issued in connection with the financing of electric generating facilities or portions thereof, including, without limitation, contracts for the payment of obligations imposed without regard to the operational status of a facility or facilities and contracts with domestic or foreign electric utilities for the sale or purchase of electricity from an electric generating facility or facilities for long or short periods of time or for the life of a specific electric generating unit or units; and

(3) To enter into and perform contracts for the transmission both within or without the state of the capacity and related energy from a specifically identified electric generating facility, wherever located, to its own retail service territory, or to any purchaser of such capacity and related energy; provided, however, that nothing in this section shall be construed to authorize a domestic electric utility to sell electricity at wholesale or retail within or without this state unless:

(i) The sale is authorized under its charter or the general or special laws of this state other than this chapter, or

(ii) The sale constitutes a sale of capacity and related energy from a specifically identified electric generating facility or a sale of economy, backup, and other energy therefrom.

History of Section.
(P.L. 1975, ch. 215, § 1.)