40-360.08. Transfer of certificate; compliance by committee; commission and review panel; authorization to construct
A. Subject to such limitations and conditions as may otherwise be prescribed by law, a certificate may be transferred to any electric company or electric utility agreeing to comply with the terms, limitations and conditions contained therein.
B. If the committee or the commission fails to act on an application within the applicable time period prescribed in this article, the applicant may, in its discretion and in the interest of providing adequate, reliable and economical electric service to its customers, immediately proceed with the construction of the planned facilities at the proposed site or, if application has been made for alternative sites, at the proposed site which in the opinion of the applicant best satisfies the factors expressed in section 40-360.06.
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