§ 40-5-103 — Certificate - application for - issuance

(1) Before any certificate
may issue under sections 40-5-101 to 40-5-104, a certified copy of its articles of
incorporation or charter, if the applicant is a corporation, shall be filed in the office
of the commission. Every applicant for a certificate to exercise franchise rights
under section 40-5-102 shall file in the office of the commission such evidence as
shall be required by the commission to show that such applicant has received the
required consent, franchise, permit, ordinance, vote, or other authority of the proper
county, city and county, or municipal or other public authority. The commission has
the power to issue a certificate to exercise franchise rights after hearing, to refuse
to issue the same, or to issue it for the partial exercise only of said right or privilege
and may attach to the exercise of the rights granted by such certificate such terms
and conditions as in its judgment the public convenience and necessity may require.
Nothing contained in this subsection (1) shall be construed to limit or restrict the
power and authority of the commission: To regulate, issue, or refuse to issue
certificates of public convenience and necessity for construction of a new facility,
plant, or system or of any extension thereof as provided in section 40-5-101; and to
attach to the exercise of the rights granted by such certificate such terms and
conditions as in the commission's judgment may be required by the public
convenience and necessity.

(2) If such public utility desires to exercise a right or privilege under a
franchise, permit, ordinance, vote, or other authority which it contemplates securing
but which has not yet been granted to it, such public utility may apply to the
commission for an order preliminary to the issue of the certificate. The commission
may thereupon make an order declaring that it will thereafter, upon application,
under such rules and regulations as it may prescribe issue the desired certificate
upon such terms and conditions as it may designate after such public utility has
obtained the contemplated franchise, permit, ordinance, vote, or other authority.
Upon the presentation to the commission of evidence satisfactory to it that such
franchise, permit, ordinance, vote, or other authority has been secured by such
public utility, the commission shall thereupon issue such certificate.

Legislative History

Source: L. 13: p. 418, � 35. L. 17: p. 418, � 1. C.L. � 2946. CSA: C. 137, � 36. CRS 53: � 115-5-3. C.R.S. 1963: � 115-5-3. L. 69: p. 937, � 29. L. 81: (1) amended, p. 1918, � 1, effective June 19. L. 82: (1) amended, p. 629, � 43, effective April 2.