69-8-301. Cooperative utility -- transition plan for customer choice. (1) Except as provided in 69-8-311, on or before July 1, 2006, the local governing body of a cooperative utility shall adopt a transition plan.
     (2) (a) Except as provided in subsection (2)(b), transition plans must contain a transition period that may not end later than July 1, 2007. At the conclusion of the transition period, all customers must have the opportunity to choose an electricity supplier.
     (b) If after a pilot program for customers of a cooperative utility with loads less than 1,000 kilowatts a competitive market, technology, or other conditions precedent to full customer choice have not developed, then the transition plan may be altered by the cooperative utility's governing body for those customers.
     (3) This chapter does not require the cooperative utility to divest itself of any generation, transmission, or distribution assets or prohibit a cooperative utility from divesting itself voluntarily of those assets.
     (4) A cooperative utility's local governing body shall certify to the commission that the local governing body has adopted a transition plan. In the cooperative utility's certification filing, the cooperative utility shall provide to the commission documentation that the cooperative utility's transition plan is consistent with this chapter.

     History: En. Sec. 13, Ch. 505, L. 1997; amd. Sec. 5, Ch. 584, L. 2001.