Title 40, Public Utilities and Carriers

Every officer, agent or employee of a public service corporation, who violates or fails to comply with, or procures any violation by a public service corporation of any provision of the constitution of the state or of this chapter, or of any order, rule or requirement, of the com…

A. Every corporation, other than a public service corporation, which violates any provisions of this chapter, or which fails to obey or comply with any order, rule or requirement of the commission, for which the penalty is not otherwise provided for such corporation, is guilty of…

A. This chapter shall not release or waive any right of action by the state, the commission or any person for any right, penalty or forfeiture which arises or accrues under any law of this state. B. All penalties accruing shall be cumulative to each other, and an action for recov…

Actions to recover penalties under this chapter shall be brought by the commission in the name of the state in a court of competent jurisdiction in the county in which the cause or some part of the cause arose, or in which the corporation complained of, if any, has its principal …

A. A common carrier doing business in this state requiring an employee to give a bond or undertaking of any nature, shall not require the employee to have the bond or undertaking executed as surety by any particular person, and the carrier shall not reject any such bond or undert…

A. A duly appointed and authorized officer or agent of a public service corporation may, at all reasonable times, upon exhibiting written authority signed by the president, secretary or manager of the corporation, enter any premises using the product of such corporation for the p…

An agent, operator or employee of a telegraph or telephone operator who knowingly in any way uses or appropriates information derived by him from a private message passing through his hands and addressed to another person, or in any other manner acquired by him by reason of his t…

An agent, operator or employee of a telegraph or telephone office who knowingly fails or refuses to send a lawful and prepaid message received at the office for transmission, or knowingly postpones its order of transmission, or knowingly fails or refuses to deliver the message re…

A. For the purpose of providing state control over safety standards and practices applicable to the transportation of gas and hazardous liquids and gas and hazardous liquids pipeline facilities within the state to the full extent permissible under federal law that is applicable t…

A. Any person, firm or corporation that violates any provision of this article or any rule or order adopted pursuant to this article pertaining to the safety of the transportation of gas and hazardous liquids and pipeline facilities shall be subject to a civil penalty of not to e…

In this article, unless the context otherwise requires: 1. "Director" means the director of the residential utility consumer office. 2. "Office" means the residential utility consumer office. 3. "Public service corporation" means a public service corporation as defined in article…

A. A residential utility consumer office is established to represent the interests of residential utility consumers in regulatory proceedings involving public service corporations before the corporation commission. B. The governor shall appoint the director of the office pursuant…

A. The director may: 1. Research, study and analyze residential utility consumer interests. 2. Prepare and present briefs, arguments, proposed rates or orders and intervene or appear on behalf of residential utility consumers before hearing officers and the corporation commission…

In this article, unless the context otherwise requires: 1. "Customer" means the person in whose name a utility service is provided. 2. "Person" means an individual, partnership, firm, association or corporation. 3. "Reconnection" means the restoration of utility service to a cust…

A. A utility may bring an action for damages or to enjoin any activity against a person who: 1. Makes a connection or reconnection with property owned or used by the utility to provide utility service without the authorization or consent of the utility. 2. Prevents a utility mete…

In a civil action pursuant to section 40-492, the utility may recover as damages three times the amount of actual damages. The prevailing party shall recover reasonable attorney fees, costs and other expenses.

A rebuttable presumption that there is a violation of section 40-492 arises if either: 1. An instrument, apparatus or device installed to obtain utility service without paying the full charge is found attached to the meter or other device used to provide the utility service on th…

Damages recovered in excess of actual damages sustained by the utility shall be considered by a public service corporation in establishing its utility rates.

In this chapter, unless the context otherwise requires: 1. "Ancillary agreement" means any of the following: (a) A bond. (b) An insurance policy. (c) A letter of credit. (d) A reserve account. (e) An interest rate lock or swap arrangement. (f) A hedging arrangement. (g) A liquidi…

A. It is the public policy of this state to gain the benefits of securitization by establishing irrevocable financing charges that are payable to a qualified special purpose entity and by creating and vesting a present and alienable property interest in financing revenues in a qu…

A. An applicant may request permission to initiate a securitization transaction from the commission by submitting an application for a financing order. The application shall: 1. Identify, as applicable, any transition assets, transition asset retirement costs or significant event…

A. On an applicant's receipt of the net proceeds of the issuance of the transition bonds under section 40-606, subsection A, the commission has the authority to ensure that: 1. Any undepreciated value of the transition assets on the applicant's books are reduced by the correspond…

A. Transition property is immediately created by operation of law on the latter of the approval of a financing order, the creation and capitalization of the qualified special purpose entity and issuance and receipt of value for the applicable transition bonds. Transition property…

A. After approval of a financing order issued pursuant to section 40-603, the qualified special purpose entity is authorized to issue one or more series, classes or tranches of transition bonds and to pledge transition property to secure the payment of ongoing financing costs. On…

A. This section applies to all purported transfers of, grants of liens on, or security interests in transition property. Except as otherwise provided in this section, the creation, perfection and enforcement of a security interest in transition property that is pledged to secure …

A. Financing charges are nonbypassable, are mandatory and apply to all customers. Financing revenues shall be used solely for the payment of ongoing financing costs. B. The true-up mechanism shall correct for any overcollection or undercollection of financing revenues and provide…

A. If a servicer is a public service corporation, the public service corporation shall use its resources and systems to perform the duties of a servicer under a transition billing services tariff. The commission has continuing jurisdiction over the terms of a transition billing s…

A. On or after the issuance of transition bonds, the transition property, the true-up mechanism and the financing charges are irrevocable, final, nondiscretionary and effective without the need for further action by the commission or any other person, and such financing charges s…

A. A party to the proceeding who is dissatisfied with a commission decision as to an application for a financing order under this chapter or the attorney general on behalf of this state may apply to the commission for rehearing in accordance with section 40-253. The application f…

Financing charges are not subject to either: 1. Any assessment of a franchise fee that is imposed by a municipality, county or other local government unit pursuant to a franchise agreement or lawful ordinance. 2. Taxes that are applicable to services provided by, or rates of, a p…

A. Transition bonds are not a public debt, nor a pledge of the faith and credit or taxing power of this state or of any county, municipality, or other local government unit of this state. The approval of a financing order does not obligate this state or any county, municipality o…

Transition bonds are legal investments for all governmental units, permanent funds of this state, finance authorities, financial institutions, insurance companies, fiduciaries and other persons requiring statutory authority regarding legal investments.

Any successor to an applicant, whether pursuant to any bankruptcy, reorganization or other insolvency proceeding or pursuant to any merger or acquisition, sale or transfer or other business combination by operation of law, agreement of the applicant or otherwise, shall perform an…

The laws of this state govern the validity, enforceability, attachment, perfection, priority and exercise of remedies with respect to the creation or transfer of, or of any interest in, transition property, financing charges or financing revenues. If there is any conflict between…

If all or any part of this chapter is invalidated, superseded, replaced, repealed or expires for any reason, that occurrence does not affect the validity of any prior action allowed under this chapter, whether taken by the commission, a public service corporation, a qualified spe…

When capital stock of at least one thousand dollars for each mile of a proposed railroad is subscribed by not fewer than five persons who are citizens of the United States, the subscribers, in person or by proxy, may adopt articles of incorporation for the formation of a corporat…

The articles of a railroad corporation formed under this article shall contain: 1. Name of corporation. 2. Duration of corporation, whether permanent or for a stated term of years. 3. Amount of capital stock. The capital stock shall be divided into shares of one hundred dollars e…

A. The articles of incorporation of a railroad corporation formed under the provisions of this article shall be filed, published and recorded, and a certificate of incorporation issued, as provided for corporations in general. The incorporation shall be deemed completed and the c…

A. The directors named in the articles of incorporation of a railroad corporation formed under this article shall meet and organize as a board of directors immediately after incorporation. They shall elect a president, secretary and treasurer to serve until the first annual meeti…

The secretary shall keep: 1. A record of the meetings of stockholders and directors, of all contracts entered into by the board of directors, and of the assets and liabilities of the corporation. 2. A stock ledger showing the names and residences of all stockholders, the shares h…

The directors may make calls on stock subscriptions in installments of not more than ten per cent per month, unless otherwise stipulated in the subscription. Notice of each call shall be given the stockholders by mail, and shall be published once a week, for at least four weeks, …

The president and secretary, within thirty days after payment of the last installment of the capital stock as fixed and limited by the company, shall execute a certificate sworn to by them, stating the amount of capital so fixed and paid in, and file it with the corporation commi…

A. Railroad corporations may: 1. Sue and be sued. 2. Make contracts. 3. Acquire by purchase or gift, hold, and convey all property necessary or convenient for the construction, operation and maintenance of railroad and telegraph lines. B. Generally for the purpose of carrying on …

A. Railroad corporations may: 1. Make surveys and select routes for railroad and telegraph lines, and for that purpose, enter upon private and public lands and waters, subject to responsibility for all damage caused thereby. 2. Lay out the railroad not exceeding two hundred feet …

A. Railroad companies may borrow amounts of money they deem necessary for constructing and completing railroads and may issue and dispose of bonds or promissory notes therefor, in denominations of not less than one hundred dollars, and at a rate of interest not exceeding ten per …

A. Every officer, agent or stockholder of a railroad company, who knowingly assents to or has any agency in contracting a debt by or on behalf of such company, unauthorized by law for the purpose, the amount of which debt with other debts of the company exceeds the means for paym…