49-34A-56. Large new customers not required to take service from assigned utility--Notice and hearing by commission--Factors considered.
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/sd/title-49/chapter-49-34/49-34a-56A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Notwithstanding the establishment of assigned service areas for electric utilities provided for in §§ 49-34A-43 and 49-34A-44 , new customers at new locations which develop after March 21, 1975, located outside municipalities as the boundaries thereof existed on March 21, 1975, and who require electric service with a contracted minimum demand of two thousand kilowatts or more shall not be obligated to take electric service from the electric utility having the assigned service area where the customer is located if, after notice and hearing, the Public Utilities Commission so determines after consideration of the following factors:
(1)The electric service requirements of the load to be served;
(2)The availability of an adequate power supply;
(3)The development or improvement of the electric system of the utility seeking to provide the electric service, including the economic factors relating thereto;
(4)The proximity of adequate facilities from which electric service of the type required may be delivered;
(5)The preference of the customer;
(6)Any and all pertinent factors affecting the ability of the utility to furnish adequate electric service to fulfill customers' requirements.