Idaho State Statutes - Idaho Attorney Directory

CERTIFICATE OF CONVENIENCE AND NECESSITY -- EXERCISE OF RIGHT OR
FRANCHISE. No public utility of a class specified in the foregoing section
shall henceforth exercise any right or privilege, or obtain a franchise, or
permit, to exercise such right or privilege, from a municipality or county,
without having first obtained from the commission a certificate that the
public convenience and necessity require the exercise of such right and
privilege: provided, that when the commission shall find, after hearing, that
the public utility has heretofore begun actual construction work, and is
prosecuting such work in good faith, uninterruptedly, and with reasonable
diligence in proportion to the magnitude of the undertaking, under any
franchise or permit heretofore granted, but not heretofore actually exercised,
such public utility may proceed to the completion of such work and may after
such completion exercise such right and privilege: provided further, that this
section shall not be construed to validate any right or privilege now invalid
or hereafter becoming invalid under any law of this state, nor impair any
vested right in any franchise or permit heretofore granted.

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