69-5-105. Service to new consumers. (1) Subject to this part, the electric facilities provider having a line nearest the premises, as measured in accordance with subsection (2), shall provide electric service facilities to the premises initially requiring service after May 2, 1997, which creates a rebuttable presumption that the nearest line is the least-cost electric service facility to the new customer. However, a customer or another electric facilities provider may rebut the presumption, and another electric facilities provider may provide the electric service facilities if it can do so at less cost.
     (2) All measurements under this part must be made on the shortest straight line that can be drawn from the conductor nearest the premises to the nearest permanent portion of the premises.
     (3) If the electric facilities providers are unable to reach agreement as to which electric facilities provider can provide electric service facilities at least cost, an independent consultant engineer agreeable to both electric facilities providers or, in the event of failure of the electric facilities providers to agree on a consultant engineer, an independent consultant engineer selected by the district court having jurisdiction, as provided in 69-5-110, shall determine which electric facilities provider can extend its lines to the consumer at the least cost. The cost of those engineering services must be paid equally by the electric facilities providers involved.

     History: En. Sec. 3, Ch. 7, L. 1971; R.C.M. 1947, 70-503(2); amd. Sec. 37, Ch. 505, L. 1997.