§ 2802. Sale and distribution; regulation
A person, association, company, or corporation, its successors, grantees, lessees,
trustees, or receivers by whatever court appointed, that generates electric energy
within the State by means of water power, or transmits in this State electric energy
generated from outside the State, and that, in the location, construction, or maintenance
of its generating plant, including the acquiring of water rights, flowing or ponding
rights, within the State or rights-of-way, or in the establishment or maintenance
of its lines for transmission of electric energy, confiscates by the exercise of the
right of eminent domain, either under the general law, or if a corporation, under
the provisions of its charter or general law, or has by the provisions of its charter
or general law power so to do, the property of any person or any right, title, interest,
easement, or estate, or uses a public highway for carrying its transmission lines
over or along the same or beneath the surface thereof, at all reasonable times when
requested so to do, shall sell and furnish at a reasonable price so much or such an
amount of such electric energy as the public convenience or necessity may require
to any and all persons, companies, cooperatives, and corporations, municipal, public
or private, in this State, desiring to use the same in the State for heating, lighting,
or power purposes or for any other public use or purpose. Such sale and distribution
shall be subject to such reasonable conditions and limitations in each case as the
Public Utility Commission may prescribe upon petition brought and after due notice
to all parties. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 180, § 5; 1967, No. 66, § 2; 2023, No. 85 (Adj. Sess.), § 400, eff. July 1, 2024.)