Legislation
SECTION 14
Powers
Rural Electric Cooperative (REL) CHAPTER 77-A, ARTICLE 2
§ 14. Powers. A cooperative shall have power:
(a) To sue and be sued in its corporate name;
(b) To have perpetual existence;
(c) To adopt a corporate seal and alter the same;
(d) To generate, manufacture, purchase, acquire, accumulate and
transmit electric energy, and to distribute, sell, supply, and dispose
of electric energy to its members, to governmental agencies and
political subdivisions, and to other persons not in excess of ten per
centum of the number of its members, provided, however, that such other
persons shall become members within one year after they commence taking
electric service from the cooperative; and provided, further however,
that the furnishing by a cooperative of electric cold storage or
processing plant service shall not be deemed to be distributing,
selling, supplying or disposing of electric energy, and provided,
further however, that a cooperative shall not distribute, sell, supply
or dispose of electric energy to any premises or building receiving and
using central station electric service or entitled to receive such
service as provided by section twelve of the transportation corporations
law on the effective date of this chapter or to any premises or
buildings hereafter served by any person, corporation or municipality
supplying central station electric service, if no co-operative service
is available to such premises or building at the time of such
installation, without the consent of the person, corporation, or
municipality supplying or required by said section twelve of the
transportation corporations law to supply such central station electric
service;
(e) To assist persons to whom electric energy is or will be supplied
by the cooperative in wiring their premises and in acquiring and
installing electrical and plumbing appliances, equipment, fixtures and
apparatus by making loans therefor, and in connection therewith to wire,
or cause to be wired, such premises, and to purchase, acquire, lease as
lessor or lessee, sell, distribute, install and repair such electric and
plumbing appliances, equipment, fixtures and apparatus;
(f) To assist persons to whom electric energy is or will be supplied
by the cooperative in constructing, equipping, maintaining and operating
electric cold storage or processing plants, by making loans therefor;
(g) To construct, purchase, lease as lessee, or otherwise acquire, and
to equip, maintain, and operate, and to sell, assign, convey, lease as
lessor, mortgage, pledge, or otherwise dispose of or encumber, electric
transmission and distribution lines or systems, electric generating
plants, electric cold storage or processing plants, lands, buildings,
structures, dams, plants and equipment, and any other real or personal
property, tangible or intangible, which shall be deemed necessary,
convenient or appropriate to accomplish the purpose for which the
cooperative is organized;
(h) To purchase, lease as lessee, or otherwise acquire, and to use,
and exercise and to sell, assign, convey, mortgage, pledge or otherwise
dispose of or encumber, franchises, rights, privileges, licenses and
easements;
(i) To borrow money and otherwise contract indebtedness, and to issue
notes, bonds, and other evidences of indebtedness, and to secure the
payment thereof by mortgage, pledge, or deed of trust of, or any other
encumbrance upon, any or all of its then owned or after-acquired real or
personal property, assets, franchises, revenues or income;
(j) To construct, maintain and operate electric transmission and
distribution lines along, upon, under and across publicly owned lands
and public thoroughfares, including, without limitation, all roads,
highways, streets, alleys, bridges and causeways, upon obtaining from
the state or the county, town, village or other appropriate municipality
the rights, franchises, permissions or consents therefor required by
law, provided, however, that the approval or consent of the public
service commission shall not be necessary to the obtaining of any such
right, franchise, permission or consent or to the exercise thereof or of
any right or privilege thereunder;
(k) To exercise the power of eminent domain in the manner provided by
the laws of this state for the exercise of such power by other
corporations constructing or operating electric transmission and
distribution lines or systems;
(l) To become a member of other cooperatives or corporations or to own
stock therein;
(m) To conduct its business and exercise its powers within or without
this state;
(n) To adopt, amend and repeal by-laws; and
(o) To do and perform any other acts and things, and to have and
exercise any other powers which may be necessary, convenient or
appropriate to accomplish the purpose for which the cooperative is
organized.
(a) To sue and be sued in its corporate name;
(b) To have perpetual existence;
(c) To adopt a corporate seal and alter the same;
(d) To generate, manufacture, purchase, acquire, accumulate and
transmit electric energy, and to distribute, sell, supply, and dispose
of electric energy to its members, to governmental agencies and
political subdivisions, and to other persons not in excess of ten per
centum of the number of its members, provided, however, that such other
persons shall become members within one year after they commence taking
electric service from the cooperative; and provided, further however,
that the furnishing by a cooperative of electric cold storage or
processing plant service shall not be deemed to be distributing,
selling, supplying or disposing of electric energy, and provided,
further however, that a cooperative shall not distribute, sell, supply
or dispose of electric energy to any premises or building receiving and
using central station electric service or entitled to receive such
service as provided by section twelve of the transportation corporations
law on the effective date of this chapter or to any premises or
buildings hereafter served by any person, corporation or municipality
supplying central station electric service, if no co-operative service
is available to such premises or building at the time of such
installation, without the consent of the person, corporation, or
municipality supplying or required by said section twelve of the
transportation corporations law to supply such central station electric
service;
(e) To assist persons to whom electric energy is or will be supplied
by the cooperative in wiring their premises and in acquiring and
installing electrical and plumbing appliances, equipment, fixtures and
apparatus by making loans therefor, and in connection therewith to wire,
or cause to be wired, such premises, and to purchase, acquire, lease as
lessor or lessee, sell, distribute, install and repair such electric and
plumbing appliances, equipment, fixtures and apparatus;
(f) To assist persons to whom electric energy is or will be supplied
by the cooperative in constructing, equipping, maintaining and operating
electric cold storage or processing plants, by making loans therefor;
(g) To construct, purchase, lease as lessee, or otherwise acquire, and
to equip, maintain, and operate, and to sell, assign, convey, lease as
lessor, mortgage, pledge, or otherwise dispose of or encumber, electric
transmission and distribution lines or systems, electric generating
plants, electric cold storage or processing plants, lands, buildings,
structures, dams, plants and equipment, and any other real or personal
property, tangible or intangible, which shall be deemed necessary,
convenient or appropriate to accomplish the purpose for which the
cooperative is organized;
(h) To purchase, lease as lessee, or otherwise acquire, and to use,
and exercise and to sell, assign, convey, mortgage, pledge or otherwise
dispose of or encumber, franchises, rights, privileges, licenses and
easements;
(i) To borrow money and otherwise contract indebtedness, and to issue
notes, bonds, and other evidences of indebtedness, and to secure the
payment thereof by mortgage, pledge, or deed of trust of, or any other
encumbrance upon, any or all of its then owned or after-acquired real or
personal property, assets, franchises, revenues or income;
(j) To construct, maintain and operate electric transmission and
distribution lines along, upon, under and across publicly owned lands
and public thoroughfares, including, without limitation, all roads,
highways, streets, alleys, bridges and causeways, upon obtaining from
the state or the county, town, village or other appropriate municipality
the rights, franchises, permissions or consents therefor required by
law, provided, however, that the approval or consent of the public
service commission shall not be necessary to the obtaining of any such
right, franchise, permission or consent or to the exercise thereof or of
any right or privilege thereunder;
(k) To exercise the power of eminent domain in the manner provided by
the laws of this state for the exercise of such power by other
corporations constructing or operating electric transmission and
distribution lines or systems;
(l) To become a member of other cooperatives or corporations or to own
stock therein;
(m) To conduct its business and exercise its powers within or without
this state;
(n) To adopt, amend and repeal by-laws; and
(o) To do and perform any other acts and things, and to have and
exercise any other powers which may be necessary, convenient or
appropriate to accomplish the purpose for which the cooperative is
organized.