Idaho Code § 61-526

Certificate of convenience and necessity.

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Certificate of convenience and necessity.

No street railroad corporation, gas corporation, electrical corporation, telephone corporation or water corporation, shall henceforth begin the construction of a street railroad, or of a line, plant, or system or of any extension of such street railroad, or line, plant, or system, without having first obtained from the commission a certificate that the present or future public convenience and necessity require or will require such construction: provided, that this section shall not be construed to require such corporation to secure such certificate for an extension within any city or county, within which it shall have theretofore lawfully commenced operation, or for an extension into territory whether within or without a city or county, contiguous to its street railroad, or line, plant or system, and not theretofore served by a public utility of like character, or for an extension within or to territory already served by it necessary in the ordinary course of its business: and provided further, that if any public utility in constructing or extending its lines, plant or system, shall interfere or be about to interfere with the operation of the line, plant or system of any other public utility already constructed, or if public convenience and necessity does not require or will require such construction or extension, the commission on complaint of the public utility claiming to be injuriously affected, or on the commission’s own motion, may, after hearing, make such order and prescribe such terms and conditions for the locating or type of the line, plant or system affected as to it may seem just and reasonable: provided, that power companies may, without such certificate, increase the capacity of their existing generating plants.

Notes of Decisions

Cited in 8 cases, 1956–1997 · leading case: Alpert v. Boise Water Corp.

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Alpert v. Boise Water Corp. (1990) idaho · cites it 4× “§ 61-517; determine standards and practices for the measurement of quantity, quality or other conditions pertaining to the supply of a public utility product or service, I.”

Afton Energy, Inc. v. Idaho Power Co. (1984) idaho · cites it 4× “" Section 61-526 provides that the Commission has the power to approve or disapprove proposed generating plants.”

Eagle Water Co. v. Idaho Public Utilities Commission (1997) idaho · cites it 6× “” I.C. § 61-526 provides that utilities must obtain a certificate of convenience and necessity prior to the construction of any facilities, but provides an exception to this requirement for: an extension within any city or county, within which it shall have theretofore lawfully…”

Cambridge Telephone Co. v. Pine Telephone System, Inc. (1985) idaho · cites it 8× “I.C. § 61-526. However, even a proposed extension within a utility’s own certified area is subject to the limitation set out in I.”

Clearwater Power Co. v. Washington Water Power Co. (1956) idaho · cites it 5× “about to interfere with the operation of the line, plant or system of any other public utility already constructed, the commission on complaint of the public utility claiming to be injuriously affected may, after hearing, make such order and prescribe such terms and conditions…”

Burlington Out Now v. Burlington Northern, Inc. (1975) idaho · cites it 6× “Idaho Code § 61-526 provides in pertinent part: “Certificate of convenience and necessity.”

Utah Power & Light Co. v. Idaho Public Utilities Commission (1986) idaho · cites it 4× “UP & L also argues that a failure to apply the ESSA in the instant case will subvert the stated intent behind the ESSA —specifically, the desire to promote harmony between electrical suppliers, to prohibit the “pirating” of customers of another supplier and to discourage…”

Idaho Power Co. v. Idaho Public Utilities Commission (1985) idaho · cites it 2× “The Commission found that the excess boiler payments were not reasonably incurred because the boiler had been purchased prior to the issuance of a certificate of convenience and necessity, I.C. § 61-526, as amended in 1970. In its petition for rehearing, Idaho Power explained…”

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