Idaho State Statutes - Idaho Attorney Directory

No street railroad
corporation, gas corporation, electrical corporation, telephone corporation or
water corporation, shall henceforth begin the construction of a street
railroad, or of a line, plant, or system or of any extension of such street
railroad, or line, plant, or system, without having first obtained from the
commission a certificate that the present or future public convenience and
necessity require or will require such construction: provided, that this
section shall not be construed to require such corporation to secure such
certificate for an extension within any city or county, within which it shall
have theretofore lawfully commenced operation, or for an extension into
territory whether within or without a city or county, contiguous to its street
railroad, or line, plant or system, and not theretofore served by a public
utility of like character, or for an extension within or to territory already
served by it necessary in the ordinary course of its business: and provided
further, that if any public utility in constructing or extending its lines,
plant or system, shall interfere or be about to interfere with the operation
of the line, plant or system of any other public utility already constructed,
or if public convenience and necessity does not require or will require such
construction or extension, the commission on complaint of the public utility
claiming to be injuriously affected, or on the commission's own motion, may,
after hearing, make such order and prescribe such terms and conditions for the
locating or type of the line, plant or system affected as to it may seem just
and reasonable: provided, that power companies may, without such certificate,
increase the capacity of their existing generating plants.

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