Title 40 — Public Utilities and Carriers

For facilities subject to the requirements of this article within the service area of a city or town in an active management area, as such terms are used and defined in title 45, chapter 2, the power plant and transmission line siting committee shall consider, as a criterion for …

In this article, unless the context otherwise requires: 1. "Abandoned" means no longer in service and physically disconnected from a portion of the facility, or from any other facility, that is in use or still carries service. 2. "Apartment community" means any real property that…

A. A person shall not make or begin any excavation in any public street, alley, right-of-way dedicated to the public use or public utility easement or in any express or implied private property utility easement or in any apartment community or mobile home park without first deter…

A. Except as otherwise provided in section 40-360.28, subsection E, obtaining information as required by this article does not excuse any person making any excavation from doing so in a careful and prudent manner, nor shall it excuse such persons from liability for any damage or …

A. In the event of any damage that results in a release from any underground facility that transports natural gas, liquefied petroleum gas, liquefied natural gas, petroleum products or any other hazardous gases or liquids in connection with any excavation, the person responsible …

A. If any person is engaging in excavation in violation of this article and the violation has resulted in or is likely to result in damage to an underground facility or if any person is proposing to use procedures for excavation in violation of this article that are likely to res…

A. If any underground facility is damaged by any person in violation of this article as a result of failing to obtain information as to its location, failing to take measures for protection of the facilities or failing to excavate in a careful and prudent manner, the person is li…

The prevailing party in an action brought to impose liability under any section of this article or to have any act or omission stopped and prevented, either by mandamus or injunction, pursuant to section 40-360.25 is entitled to recover reasonable attorney fees. In addition, if t…

A. Except as provided in section 40-360.22, subsection M, a person who violates any provision of this article is subject to a civil penalty in an amount not to exceed five thousand dollars to be imposed by the court in favor of the state. Any penalties received by the state shall…

A. Except as provided in subsection B, the provisions of this article shall be cumulative and supplemental to other provisions of law or charter and shall not be construed to prohibit cities and towns from enacting ordinances regulating excavations. B. The legislature finds that …

A. Except as otherwise provided in this subsection, for all new underground facilities, excluding service drops and service lines, installed after December 31, 1988 in a public street, alley or right-of-way dedicated to the public use or public utility easement, but not including…

A. Prior to performing routine road maintenance grading as defined in section 40-360.21, the state or the political subdivision performing the routine road maintenance grading shall notify every public utility, municipal corporation or other person having the right to bury underg…

A. Every landlord, without charge to the landlord, shall file with a one-call notification center the property name, property address, contact name or job title, contact fax number, contact postal mailing address, contact electronic mail address if available, contact telephone nu…

In this article, unless the context otherwise requires: 1. "Authorized person" means: (a) An employee of a public utility that produces, transmits or delivers electricity. (b) An employee of a public utility that provides and whose work relates to communication services or state,…

Unless danger against contact with high voltage overhead lines has been effectively guarded against as provided by section 40-360.43: 1. A person or business entity shall not, individually or through an agent or employee, require any other person to perform any function or activi…

A. If any person or business entity desires to temporarily carry on any function, activity, work or operation in closer proximity to any high voltage overhead line than permitted by this article, the person or business entity responsible for performing the work shall promptly not…

A. A person or business entity or agent of the person or business entity who violates this article may be subject to a civil penalty in an amount not to exceed five thousand dollars to be imposed by the court in favor of the state to be deposited in the general fund. B. If a viol…

This article does not apply to construction, reconstruction, operation or maintenance by an authorized person of overhead electrical or communication circuits or conductors and their supporting structures or electrical generating, transmission or distribution systems or communica…

In this article, unless the context otherwise requires: 1. "Facilities" means corridors used by a utility to provide service to customers including poles, towers, transformers and lines for the transmission of electric energy at nominal voltages of one hundred fifteen thousand vo…

An electric or natural gas utility may engage in advance planning with any municipality or county with respect to each facility that the utility anticipates installing in the municipality or county. If a utility engages in advance planning with a municipality or county, the munic…

A. If a utility develops and delivers a facility plan to a municipality or a county, the municipality or county, with respect to the facilities located in its corporate limits or planning area, shall include the location and nature of the planned facilities in the municipality ge…

This article does not: 1. Modify the right of a utility or a municipality or county with respect to the determination of the location and nature of utility facilities. 2. Obligate a utility to engage in facilities planning with any municipality or county. 3. Obligate a utility to…

A. Charges demanded or received by a public service corporation for any commodity or service shall be just and reasonable. Every unjust or unreasonable charge demanded or received is prohibited and unlawful. B. Every public service corporation shall furnish and maintain such serv…

A. The commission may investigate all existing or proposed interstate rates, fares, tolls, charges and classifications, and all rules and practices in relation thereto, for or in relation to the transmission of messages or conversations, where any act in relation thereto takes pl…

Under rules and regulations the commission prescribes, every public service corporation shall file with the commission, and shall print and keep open to public inspection, schedules showing all rates, tolls, rentals, charges and classifications to be collected or enforced, togeth…

A. The names of the several public service corporations which are parties to any joint tariff, rate, fare, toll, contract, classification or charge shall be specified in each schedule showing such items. B. Unless otherwise ordered by the commission, a schedule showing a joint ta…

A. No change shall be made by any public service corporation in any rate, fare, toll, rental, charge or classification, or in any rule, regulation or contract relating to or affecting any rate, toll, fare, rental, charge, classification or service, or in any privilege or facility…

A. Any person engaged in the production, generation, transmission or furnishing of heat, cold air, light, sewer service, water or power, or telegraph or telephone service, may establish a sliding scale of charges and may enter into an arrangement for a fixed period for the automa…

A. A telephone or telegraph corporation shall not charge or receive any greater compensation in the aggregate for transmission of a long distance message or conversation for a shorter than for a longer distance over the same line or route in the same direction within this state, …

A. Subject to the limitations provided in subsection D, the commission shall authorize water utilities to recover increases in specific operating costs by means of a surcharge on water sales and to reduce rates when those specific operating costs decrease. The operating costs tha…

A. A company or corporation operating a railroad, other than a street or electric railroad, in whole or in part within this state, shall not ask, demand or receive for first class transportation for each passenger between points within this state, on the portion of its railroad o…

A. A street or interurban railroad shall not charge or receive more than five cents for one continuous ride in the same general direction within the corporate limits of any city or town, except upon a showing before the commission that a greater charge is justified. B. Every stre…

A. A common carrier shall not, by means of known false billing, classification, weight, weighing or report of weight, or by any other device or means, assist, suffer or permit any person to obtain transportation for any person or property between points within this state at less …

Except as otherwise provided in this chapter, no public service corporation shall charge, demand, collect or receive a greater, less, or different compensation for transportation of persons or property, or for any product or commodity, or for any service rendered in connection th…

No person shall knowingly, directly or indirectly, by any false statement or representation as to cost or value, or the nature or extent of damage, or by the use of any false billing, bill of lading, receipt, voucher, roll, account, claim, certificate, affidavit or deposition, or…

For residential property of four or fewer units, a private water company or sewer corporation may not require payment of unpaid water and wastewater service rates and charges or sewer utility service rates and charges by anyone other than the person who has contracted with the pr…

A. To enable the corporation commission to perform its lawful duties relating to classifications to be used, rates and charges to be made and collected, rules and regulations to be prescribed, and supervision over public service corporations, the commission shall annually make an…

A. To fund the residential utility consumer office the commission shall annually make a residential utility consumer assessment against each public service corporation, excepting corporations not required to hold certificates of convenience and necessity and member-owned nonprofi…

Findings of fact of the commission within the meaning of this article shall be: 1. Determinations of fact expressed in statements rendered pursuant to this article. 2. Determinations of fact set out in the minutes of the commission recording the action of the commission in passin…

A. Within fifteen days after the date of mailing a statement as provided in this article, the corporation against which the statement is rendered may file with the commission its objections thereto. Not less than five nor more than ten days after giving notice thereof to the obje…

No action for recovery of an amount paid under the terms of this article shall be maintained in any court unless objections have been filed with the commission as provided in section 40-403. In an action for recovery of any payments, plaintiff may raise any relevant issue of law,…

No action or proceeding shall be maintained in any court for the purpose of restraining or delaying the collection or payment of a statement rendered in accordance with the provisions of this article. A corporation against which a statement is rendered shall pay the amount thereo…

A. The procedure provided in this article for determining the lawfulness of statements and the recovery of payments made pursuant to statements of assessments shall be exclusive of all other remedies and procedures. B. The provisions of sections 40-253, 40-254, 40-254.01 and 40-2…

A. If any corporation to which a statement for the amount assessed against it as provided in this article has been rendered fails or refuses to pay the amount within fifteen days, or fails to file with the commission objections to the statement as provided by section 40-403, the …

A. The utility regulation revolving fund is established. B. All monies received by the commission under the provisions of section 40-401 shall be deposited, pursuant to sections 35-146 and 35-147, in the utility regulation revolving fund. C. Subject to legislative appropriation, …

A. The residential utility consumer office revolving fund is established. B. All monies received by the commission under the provisions of section 40-401.01 shall be deposited, pursuant to sections 35-146 and 35-147, in the residential utility consumer office revolving fund. C. M…

A. The commission shall require that the laws affecting public service corporations, the enforcement of which is not specifically vested in some other officer or tribunal, are enforced and obeyed, and that violations thereof are promptly prosecuted and penalties due the state the…

A. When the commission is of the opinion that a public service corporation is failing or about to fail to do anything required of it by law or an order or requirement of the commission, or is doing or about to do or permitting or about to permit anything to be done contrary to la…

A. If any public service corporation does or permits to be done anything forbidden or declared to be unlawful, or omits to do anything required to be done, by the constitution or laws of the state, or by orders of the commission, the corporation is liable to the persons affected …

A. If any corporation or person fails to observe or comply with any order, rule, or requirement of the commission or any commissioner, the corporation or person shall be in contempt of the commission and shall, after notice and hearing before the commission, be fined by the commi…