Rhode Island General Laws 39-3-5. Petition for certificate of necessity – Notice of pendency
A petition in writing for the issuance of a certificate under § 39-3-1 shall first be filed with the division of public utilities and carriers by the public utility desiring to obtain the certificate. Upon receipt of the petition, the division shall fix a time and a place for a hearing thereon, and shall give such notice as it may prescribe of the pendency of the petition and of the time and place of the hearing thereon to the petitioner, to the mayor of each city, and to the president of the town council of each town, in which the petitioner desires to furnish or sell gas or electricity, and to any public utility furnishing or selling gas or electricity in the town or city, and shall give a public hearing upon the petition. After the hearing the division of public utilities and carriers shall enter an order granting or refusing to grant the petition.
History of Section.
G.L. 1923, ch. 253, § 60; P.L. 1926, ch. 767, § 1; G.L. 1938, ch. 122, § 56; G.L. 1956, § 39-3-5; P.L. 1971, ch. 265, § 6; P.L. 1972, ch. 205, § 5.
Terms Used In Rhode Island General Laws 39-3-5
- Division: means the division of public utilities and carriers. See Rhode Island General Laws 39-1-2
- in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
- Public utility: means and includes every company that is an electric distribution company and every company operating or doing business in intrastate commerce and in this state as a railroad, street railway, common carrier, gas, liquefied natural gas, water, telephone, telegraph, and pipeline company, and every company owning, leasing, maintaining, managing, or controlling any plant or equipment, or any part of any plant or equipment, within this state for manufacturing, producing, transmitting, distributing, delivering, or furnishing natural or manufactured gas, directly or indirectly, to or for the public, or any cars or equipment employed on, or in connection with, any railroad or street railway for public or general use within this state, or any pipes, mains, poles, wires, conduits, fixtures, through, over, across, under, or along any public highways, parkways, or streets, public lands, waters, or parks for the transmission, transportation, or distribution of gas for sale to the public for light, heat, cooling, or power for providing audio or visual telephonic or telegraphic communication service within this state, or any pond, lake, reservoir, stream, well, or distributing plant or system employed for the distribution of water to the consuming public within this state, including the water supply board of the city of Providence; provided, that, except as provided in § 39-16-9 and in P. See Rhode Island General Laws 39-1-2
- town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
- town council: include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9