61-129. PUBLIC UTILITY. The term "public utility" when used in this act includes every common carrier, pipeline corporation, gas corporation, electrical corporation, telephone corporation and water corporation, as those terms are defined in this chapter and each thereof is hereby declared to be a public utility and to be subject to the jurisdiction, control and regulation of the commission and to the provisions of this act. The term "public utility" as used in this act shall cover cases:

(1) Where the service is performed and the commodity delivered directly to the public or some portion thereof, and where the service is performed or the commodity delivered to any corporation or corporations, or any person or persons, who in turn, either directly or indirectly or mediately or immediately, performs the services or delivers such commodity to or for the public or some portion thereof; and

(2) Where a pipeline corporation delivers the commodity to any corporation, person, their lessees, receivers or trustees regardless of whether it offers the pipeline service or commodity to the public or some portion thereof. Such pipeline shall be subject to the safety supervision and regulation of the commission only, unless and until such pipeline corporation makes application to the commission to be regulated generally as a public utility.

History:

[(61-129) 1913, ch. 61, sec. 2bb, p. 248; am. 1915, ch. 62, sec. 1bb, p. 555; am. 1917, ch. 128, subd. bb, p. 430; reen. C.L. 106:29; C.S., sec. 2396; I.C.A., sec. 59-129; am. 1967, ch. 6, sec. 1, p. 9; am. 1982, ch. 5, sec. 2, p. 8; am. 2010, ch. 167, sec. 3, p. 344; am. 2012, ch. 72, sec. 2, p. 208; am. 2014, ch. 108, sec. 2, p. 315.]