§ 17-293. Local electric transmission facility.

A.  If the Southwest Power Pool has approved a local electric transmission facility in a Southwest Power Pool transmission plan and has formally directed the incumbent electric transmission owner or owners, if there is more than one owner, to construct, own and maintain the local electric transmission facility, the incumbent electric transmission owner or owners shall give notice to the Southwest Power Pool, in writing, within ninety (90) days of receipt of the direction to construct by the Southwest Power Pool, regarding its intent to construct, own and maintain the local electric transmission facility.  If notice is not provided, the incumbent electric transmission owner shall surrender its right to construct, own and maintain the local electric transmission facility.

B.  If an incumbent electric transmission owner or owners give notice of intent not to construct the local electric transmission facility or fail to provide notice as required in subsection A of this section, then the Southwest Power Pool may determine whether the incumbent electric transmission owner or owners or other entity will construct, own and maintain the local electric transmission facility.

C.  Nothing in this section is intended to limit the ability of any person to notify the Southwest Power Pool that it believes an incumbent electric transmission owner with the right to construct, own and maintain a local electric transmission facility originally approved by the Southwest Power Pool has failed to exercise its right to construct, own and maintain the local electric transmission facility within a reasonable period of time and request that the Southwest Power Pool rescind the right to construct, own and maintain the local electric transmission facility and assign the rights to another incumbent electric transmission owner.

Added by Laws 2013, c. 355, § 3, eff. Nov. 1, 2013.