Certificate of Public Convenience and Necessity for Service Territory

(a)A utility seeking authority to provide service in a new service territory shall file an application pursuant to this rule. A utility cannot provide service to a new geographic area without authority from the Commission, unless the utility extends its facilities and service:#

(I)within a city and county or city or town within which the utility has lawfully commenced operations;#

(II)into territory contiguous to the utility's facility, line, plant, or system that is not served by a public utility providing the same commodity or service; or#

(III)within or to territory already served by the utility and the extension is necessary in the ordinary course of business.#

(b)An application for certificate of public convenience and necessity to provide service in a new territory shall include, in the following order and specifically identified, the following information, either in the application or in appropriately identified attachments:#

(I)the information required in paragraphs 4002(b) and 4002(c);#

(II)a statement of the facts (not conclusory statements) relied upon by the applying utility to show that the public convenience and necessity require the granting of the application;#

(III)a description of the type of utility service to be rendered and a description of the area sought to be served;#

(IV)a map showing the specific geographic area that the applying utility proposes to serve. If the applying utility intends to phase in service in the territory over time, specific areas and proposed in-service dates shall be included. The map shall describe the geographic areas in section, township, and range convention;#

(V)a statement describing in detail the extent to which the applying utility is an affiliate of any other utility which holds authority duplicating in any respect the territory sought;#

(VI)a statement of the names of public utilities and other entities of like character providing similar service in or near the area involved in the application;#

(VII)a feasibility study for the proposed area to be served, which shall at least include estimated investment, income, and expense. An applying utility may request that its most recent audited balance sheet, income statement, statement of retained earnings, and statement of cash flows be submitted in lieu of a feasibility study; and#

(VIII)a statement of the names of public utilities and other entities of like character providing similar service in or near the area sought to be served.#