§ 45-67-8. Powers of the utility district.
The utility district shall have the power:
(1) To acquire the BIPCo assets and to assume the BIPCo debt obligations. The sale by
voluntary purchase of such property and the assumption of such obligations shall be
negotiated between BIPCo and the utility district; provided, however, that upon acquiring
BIPCo assets, the utility district shall assume and fulfill all of BIPCo's related
contractual obligations in full;
(2) To acquire such other real or personal property by voluntary purchase from the owner
or owners of the property, and to the extent that the board of utility commissioners
deems it advisable, to acquire property held by a corporation through acquisition
of the stock of the corporation and dissolution of the corporation;
(3) To acquire real property, fixtures, and rights and interests in real property within
its utility service area by eminent domain, except for real property owned in whole
or in part by the town of New Shoreham or BIPCo, or real property owned by other utilities,
subject to the supervision of the public utilities commission in the manner prescribed
in § 39-1-31;
(4) To own, operate, maintain, repair, improve, enlarge, and extend, in accordance with
the provisions of this chapter, any property acquired under this section all of which,
together with the acquisition of the property, are hereby declared to be public purposes;
(5) To produce, purchase, acquire, distribute, and sell electricity at wholesale or retail
within its utility service area, subject to franchise rights of other utilities; to
lay down, construct, own, operate, maintain, repair, and improve mains, pipes, towers,
and other equipment and facilities necessary, appropriate or useful for those purposes
within its utility service area, subject to franchise rights of other utilities; and
to contract with others for any or all of the foregoing purposes;
(6) To produce, buy, sell, and trade electric capability, power, or energy products or
services at wholesale or retail within its utility service area, subject to franchise
rights of other utilities; to purchase for its own use or for resale electric transmission
service and ancillary services within its utility service area, subject to franchise
rights of other utilities; and to engage in any other transaction with respect to
electricity or electricity products within its utility service area, subject to franchise
rights of other utilities that was heretofore authorized for investor-owned electric
companies operating as domestic electric utilities within the state (including participation
in generating facilities as authorized by chapter 20 of title 39); provided, that the utility district shall operate and be subject to regulation
of its retail rates for electricity under title 39 when operating within its utility
service area;
(7) To acquire, own, lease, operate, maintain, repair, and expand facilities and equipment
within its utility service area subject to franchise rights of other utilities necessary,
appropriate, or useful to the operation of an electric utility;
(8) To acquire, own, lease, operate, maintain, repair, and expand facilities and equipment
within its utility service area, subject to franchise rights of other utilities necessary,
appropriate, or useful to the operation of other utilities, including, but not limited
to: communications services such as internet service, high-speed data transfer, local
and long-distance telephone service, community antenna television service, and to
engage in the operation of such utilities within its utility service area subject
to franchise rights of other utilities;
(9) To sue and be sued;
(10) To adopt and alter a corporate seal;
(11) To acquire, hold, use, lease, sell, transfer, assign, or otherwise dispose of any
property, real, personal, or mixed, or any interest therein, for its corporate purposes,
and to mortgage, pledge, or lease any such property;
(12) To make and adopt bylaws for the management and regulation of its affairs;
(13) To borrow money for any of the purposes or powers granted to it under, or by operation
of this chapter, including the creation and maintenance of working capital, and to
issue negotiable bonds, notes, or other obligations, to fund or refund the same, and
to secure the obligation of such bonds, notes, or other obligations in any case by
pledge of, or security interest in, the revenues and property of the utility district;
(14) To fix rates (subject to the requirements of title 39 in the case of retail electric
rates within its utility service area) and collect charges for the use of the facilities
or services rendered by or any commodities furnished by the utility district; and
(15) To contract in its own name for any lawful purpose that would effectuate the purposes
and provisions of this chapter; to execute all instruments necessary to carry out
the purposes of this chapter; and to do all things necessary or convenient to carry
into effect and operation the powers granted by this chapter.