§ 39-20-4 - Powers of foreign electric utilities and nonregulated power producers. - Rhode Island Statutes

SECTION 39-20-4

   § 39-20-4  Powers of foreign electricutilities and nonregulated power producers. – (a) Notwithstanding the provisions of §§ 7-1.2-1401 and 7-1.2-1402,and any other provision of any general or special law relating to the rights offoreign corporations to transact business in this state and to produce acertificate of authority under chapter 1.2 of title 7 to transact business,limiting the powers, rights, and privileges of a foreign corporation procuringa certificate, and establishing the duties, restrictions, penalties, andliabilities imposed on a foreign corporation, but subject to the provisions ofthis chapter, a foreign electric utility:

   (1) Shall have the right to transact business in this stateto the extent necessary or desirable to exercise the powers set forth in §39-20-3 in connection with electric generating facilities or portions thereoflocated within this state or the product or service therefrom or securitiesissued in connection with the financing of the facilities or portions thereof;

   (2) Shall be entitled to procure a certificate of authorityunder chapter 1.2 of title 7 to transact business; and

   (3) Shall have within this state the powers set forth in§ 39-20-3 in connection with electric generating facilities or portionsthereof located within this state or the product or service therefrom orsecurities issued in connection with the financing of facilities or portionsthereof.

   (b) Nothing in this section shall be construed to authorize aforeign electric utility to sell electricity at wholesale or retail within thisstate unless:

   (1) The sale is authorized under its charter or the generalor special laws of this state other than by this chapter; or

   (2) The sale constitutes a sale of capacity and relatedenergy from a specifically identified electric generating facility within thisstate or a sale of economy, backup, or other energy therefrom. Nonregulatedpower producers shall not be subject to this subsection.