US Laws, Codes, Statutes & Cases

                                  TITLE  61
                          PUBLIC UTILITY REGULATION
                                  CHAPTER 3
                          DUTIES OF PUBLIC UTILITIES
    61-328.  ELECTRIC UTILITIES -- SALE OF PROPERTY TO BE APPROVED BY
COMMISSION. (1) No electric public utility or electrical corporation as
defined in chapter 1, title 61, Idaho Code, owning, controlling or operating
any 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 merge, sell, lease, assign or transfer,
directly or indirectly, in any manner whatsoever, any such property or
interest therein, or the operation, management or control thereof, or any
certificate of convenience and necessity or franchise covering the same,
except when authorized to do so by order of the public utilities commission.
    (2)  The electric public utility or electrical corporation shall file a
verified application setting forth such facts as the commission shall
prescribe or require. The commission shall issue a public notice and shall
conduct a public hearing upon the application.
    (3)  Before authorizing the transaction, the public utilities commission
shall find:
    (a)  That the transaction is consistent with the public interest;
    (b)  That the cost of and rates for supplying service  will not be
    increased by reason of such transaction; and
    (c)  That the applicant for such acquisition or transfer has the bona fide
    intent and financial ability to operate and maintain said property in the
    public service.
The applicant shall bear the burden of showing that standards listed above
have been satisfied.
    (4)  The commission shall have power to issue said authorization and order
as prayed for, or to refuse to issue the same, or to issue such authorization
and order with respect only to a part of the property involved. The commission
shall include in any authorization or order the conditions required by the
director of the department of water resources under section 42-1701(6), Idaho
Code. The commission may attach to its authorization and order such other
terms and conditions as in its judgment the public convenience and necessity
may require.