61-327 — ELECTRIC UTILITY PROPERTY -- ACQUISITION BY CERTAIN PUBLIC AGENCIES PROHIBITED
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TITLE 61
PUBLIC UTILITY REGULATION
CHAPTER 3
DUTIES OF PUBLIC UTILITIES
61-327. ELECTRIC UTILITY PROPERTY -- ACQUISITION BY CERTAIN PUBLIC
AGENCIES PROHIBITED. No title to or interest in any public utility (as such
term is defined in chapter 1, title 61, Idaho Code) property located in this
state which is used in the generation, transmission, distribution or supply of
electric power and energy to the public or any portion thereof, shall be
transferred or transferable to, or acquired by, directly or indirectly, by any
means or device whatsoever, any government or municipal corporation,
quasi-municipal corporation, or governmental or political unit, subdivision or
corporation, organized or existing under the laws of any other state; or any
person, firm, association, corporation or organization acting as trustee,
nominee, agent or representative for, or in concert or arrangement with, any
such government or municipal corporation, quasi-municipal corporation, or
governmental or political unit, subdivision or corporation; or any company,
association, organization or corporation, organized or existing under the laws
of this state or any other state, whose issued capital stock, or other
evidence of ownership, membership or other interest therein, or in the
property thereof, is owned or controlled, directly or indirectly, by any such
government or municipal corporation, quasi-municipal corporation, or
governmental or political unit, subdivision or corporation; or any company,
association, organization or corporation, organized under the laws of any
other state, not coming under or within the definition of an electric public
utility or electrical corporation as contained in chapter 1, title 61, Idaho
Code, and subject to the jurisdiction, regulation and control of the public
utilities commission of the state of Idaho under the public utilities law of
this state; provided, nothing herein shall prohibit the transfer of any such
property by a public utility to a cooperative electrical corporation organized
under the laws of another state, which has among its members mutual nonprofit
or cooperative electrical corporations organized under the laws of the state
of Idaho and doing business in this state, if such public utility has obtained
authorization from the public utilities commission of the state of Idaho
pursuant to section 61-328, Idaho Code.