2005 Idaho Code - 61-514 — JOINT USE OF PLANT AND EQUIPMENT

                                  TITLE  61
                          PUBLIC UTILITY REGULATION
                                  CHAPTER 5
                             POWERS AND DUTIES OF
                         PUBLIC UTILITIES COMMISSION
    61-514.  JOINT USE OF PLANT AND EQUIPMENT. Whenever the commission, after
a hearing had upon its own motion or upon complaint of a public utility
affected, shall find that public convenience and necessity require the use by
one (1) public utility of the conduits, subways, tracks, wires, poles, pipes
or other equipment, or any part thereof, on, over or under any street or
highway, and belonging to another public utility, and that such use will not
result in irreparable injury to the owner or other users of such conduits,
subways, tracks, wires, poles, pipes or other equipment or in any substantial
detriment to the service, and that such public utilities have failed to agree
upon such use or the terms and conditions or compensation for the same, the
commission may by order direct that such use be permitted, and prescribe a
reasonable compensation and reasonable terms and conditions for the joint use.
If such use be directed, the public utility to whom the use is permitted shall
be liable to the owner, or other users of such conduits, subways, tracks,
wires, poles, pipes or other equipment for such damage as may result therefrom
to the property of such owner or other users thereof.