§ 39-3-1. Services for which certificate of necessity required. No public utility whether privately owned or a quasi public agency shall distribute electricity or furnish or sell gas in any town or city in which any other public utility is at the time distributing electricity or furnishing or selling gas to the public generally, unless the public utility desiring to distribute electricity or to furnish or sell gas shall first have obtained a certificate from the division of public utilities and carriers certifying that public convenience and necessity require the same. Nothing contained in this chapter shall be construed to require a certificate to be obtained as a condition of distributing electricity or furnishing or selling gas in any town or city by any public utility which was actually distributing electricity or furnishing or selling gas to the public generally in the town or city on or prior to January 1, 1996 or by any successor to the public utility. The division shall not grant any such certificate to any electric distribution company if the electric distribution company that is distributing electricity in the town or city offers to provide distribution service to all customers served by any nonregulated power producer, whether affiliated or not, on comparable prices and terms approved pursuant to this title, including the transition charge pursuant to § 39-1-27.4. A copy of any application filed by the Block Island Power Company with either the commission or the division shall be provided by the Block Island Power Company to the New Shoreham town clerk by certified mail.

History of Section. (G.L. 1923, ch. 253, § 59; P.L. 1926, ch. 767, § 1; G.L. 1938, ch. 122, § 55; G.L. 1956, § 39-3-1; P.L. 1971, ch. 265, § 5; P.L. 1972, ch. 205, § 5; P.L. 1996, ch. 316, § 1; P.L. 1997, ch. 326, § 106; P.L. 2002, ch. 73, § 1; P.L. 2002, ch. 361, § 1.)