Arizona § 30-154 - Certificates granted as matter of right

§ 30-154. Certificates granted as matter of right

A. Notwithstanding anything in this chapter to the contrary, the authority shall grant as a matter of right:

1. The application of any district for a power purchase certificate for electrical energy solely for use for irrigation or drainage purposes, or both, within the boundaries of the district, or where all lands included within a district are not contiguous, on intervening lands substantially enclosed by lands included within the district, if so requested of the authority by duly executed petition of the owners or legally authorized custodians or administrators of such lands.

2. The application of any district for a power purchase certificate for electrical energy to be distributed to inhabitants of the district where the district has acquired or consummated all steps necessary to acquire the electric facilities of the distributor or distributors then serving the inhabitants of the district.

3. The application of any incorporated city or town for a power purchase certificate covering territory within its corporate boundaries not otherwise served with electrical energy.

4. The application of any incorporated city or town for a power purchase certificate for electrical energy to be distributed generally within its corporate boundaries where the city or town has acquired or has consummated all steps necessary to acquire the electric facilities of the distributor or distributors then serving the inhabitants of the city or town.

B. If the authority fails to make any order on any application of a district or incorporated city or town for sixty days after the date fixed for hearing on the application, a power purchase certificate shall be deemed to have been issued to the applicant by the authority, and the applicant may thereafter proceed to exercise its rights thereunder to the extent and for the purposes permitted by this chapter and as set forth in its application.