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Turtle Mountain Band of Chippewa Indians Tribal Code.

21.06.050 Service Extensions

Notwithstanding the establishment of assigned service areas for electric utilities as provided for in this chapter, customers shall not be obligated to obtain electric service from the electric utility having the assigned service area where the customer is located if, after notice and hearing, the Commission so determines after consideration of the following factors: (a) the electric service requirements of the load to be served; (b) availability of an adequate power supply; (c) the development or improvement of the electric system of the utility seeking to provide the electric service, including the economic factors relating thereto; (d) the proximity of adequate facilities from which electric service of the type required may be delivered; (e) the overall public convenience, necessity and interest; (f) the preference of the customer; (g) any and all pertinent factors affecting the ability of the utility to furnish adequate electric service to fulfill customers' requirements and the public convenience and necessity; (h) whether the proposed service interferes with existing services provided by the electric utility in whose service area extension is requested; and (i) duplication of services is not deemed unreasonable by the Commission. After such hearing, the Commission may either allow another utility to build within the service areas of another, or may order the retail wheeling of electricity between the two utilities upon such terms as to the Commission appear just and equitable.

Notwithstanding the provisions of Section 21.06.030, any electric utility may extend electric lines for electric service to its own utility property and facilities.