40-332. Power of commission to order joint use of facilities belonging to public service corporation
A. When the commission finds that public convenience and necessity require the use by one public service corporation of the equipment, or any part of the equipment, on, over or under any street or highway belonging to another public service corporation, that the use will not result in irreparable injury to the other users thereof or in any substantial detriment to the service and that the public service corporations have failed to agree upon the use or the terms and conditions of the use, the commission may by order direct that such use be permitted and may prescribe reasonable compensation and terms for the joint use. If the use is directed, the corporation to which the use is permitted shall be liable to the owner or other users of the equipment for damage which results therefrom to the property of the owner or other users thereof.
B. Every public service corporation shall allow every electricity supplier and self-generator of electricity access to electric transmission service and electric distribution service under rates and terms and conditions of service that are just and reasonable as determined and approved by regulatory agencies that have jurisdiction over electric transmission service and electric distribution service. Nothing in this subsection limits the access of a public power entity as defined in section 30-801 to the transmission services of public service corporations in accordance with the federal power act, 16 United States Code section 792.
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