§ 8-1-2-86 — Second utility serving same area; declaration of public convenience and necessity

(a) No license, permit, or franchise shall be
granted to any person, copartnership, or corporation to own, operate,
manage, or control any plant or equipment of any public utility in any
municipality where there is in operation a public utility engaged in
similar service under a license, franchise, or permit without first
securing from the commission a declaration, after a public hearing, of
all parties interested, that public convenience and necessity require
such second public utility; provided, that any municipality may
purchase, condemn, and operate, or construct and operate, a utility in
such municipality for the purpose of transportation, production,
transmission, delivery, sale, and furnishing of heat, light, water, and/or
power to such municipality, and/or the public in and within six (6)
miles of the limits of such municipality, without the consent of said
commission, although there is operating in said municipality a public
utility engaged in a similar service under a license, franchise, or
indeterminate permit.
(b) Any permit, license, or franchise in existence on May 1, 1913,
which shall contain any term whatsoever interfering with the existence
of a second public utility is hereby declared to be against public policy
and is hereby amended in such manner as to permit a municipality to
grant a license, franchise, or permit for the operation of such second
public utility pursuant to the provisions of this chapter.
Formerly: Acts 1913, c.76, s.97; Acts 1933, c.190, s.9. As
amended by P.L.59-1984, SEC.38.