SECTIONS 8101-8108 - California Statutes

PUBLIC UTILITIES CODE

SECTION 8101-8108

8101. Under certain conditions the sale and distribution of
electric power and energy in the same geographical area both by an
electrical utility and by an irrigation district, results in
duplication of service, waste of materials, increase in costs, waste
of manpower and economic loss, and is detrimental to the efficiency
and best interests of such districts. It is the policy of this State
to induce such utilities and irrigation districts to prevent or
remove such economic waste and to adopt more efficient and economic
methods of distribution of electric power and energy, and to that end
encourage the definition of areas to be served or not to be served
by each.

8102. Any utility may petition the commission setting forth in its
petition the following:
(a) That the petitioner and an irrigation district formed under
the laws of this State are both engaged or propose to engage in the
sale and distribution of electric power and energy in the described
area or areas or in contiguous areas, or that the petitioner proposes
to sell an electric distribution system in a described area, to such
irrigation district.
(b) That the petitioner and irrigation district are desirous of
entering into a contract in which, among other things, and as one of
the considerations therefor, they consent to the limitation of areas
which each are to serve or are to be excluded from serving.
(c) A copy of the contract or proposed contract.
(d) A description of the respective areas that the limitations
will affect and the terms of the contract, if any, or the conditions,
if any, existing in connection with such limitations or the sale or
acquisition of a utility distribution system.
(e) A prayer that the commission issue its order limiting the area
or areas within which the petitioner may, directly or indirectly,
sell or distribute electric power or energy or define the area or
areas within which the petitioner shall not sell or distribute
electric power or energy as indicated in the petition and set forth
in a contract or proposed contract.

8103. Thereupon, the commission shall cause an investigation to be
made and may conduct such hearings in connection therewith as it
considers desirable.

8104. If the commission finds that it is for the best interests of
the State and of the utility, and not incompatible with any public
interest that the petition be granted, it shall make and issue its
order limiting the area or areas within which the utility shall have
the right and authority to sell or distribute electric power or
energy, directly or indirectly, or define the area or areas within
which the utility shall not have the right or authority to sell or
distribute electric power or energy, directly or indirectly. The
commission may, in its order, approve and thereby authorize the
contract or conditions, if any, in connection therewith. No
limitation or definition of area or areas or statement of conditions
shall be included in the order except as contained in the petition
and contract.

8106. Where limitation of areas to be served or limitations or
designations of areas not to be served by the utility and by an
irrigation district have heretofore been approved or are hereafter
approved by the commission they shall be deemed to have complied with
this article.

8107. In any civil or criminal action or proceeding for violation
of the Cartwright Act (Chapter 530, Statues of 1907), Part 2 of
Division 7 of the Business and Professions Code, or any rule of
statutory or common law against monopolies or combinations in
restraint of trade, proof that the act complained of was done in
compliance with this article or an order issued under it and in
furtherance of the purposes and provisions of this article is a
complete defense in such action or proceeding.

8108. If, in any contract submitted and approved by the commission
or in any order made by the commission pursuant to application and
petition as in this article provided, it is provided that the utility
is not to serve or furnish electric energy in a specified area or
areas, or is to furnish or serve electric energy under limited or
specified circumstances only, or is to refrain from serving or
furnishing electric energy in certain specified areas or under
certain specified circumstances or under certain specified
limitations, then, from and after the effective date of such order of
the commission, it shall be unlawful for the utility to serve
electric energy in any area or in any manner which the contract and
order provides that service shall not be rendered, and the affected
district shall be entitled, as a matter of right, to an injunction to
prevent any such unlawful act on the part of the utility.