10-13-03. Powers of electric cooperatives
In addition to the powers granted by the general law governing cooperatives, electric
cooperatives have the power:
1. To generate, manufacture, purchase, acquire, and accumulate electrical energy and to
transmit, distribute, sell, furnish, and dispose of such electrical energy to its members,
and to other persons not in excess of ten percent of the number of its members.
However, a cooperative that acquires existing electrical facilities may continue service
to persons, not in excess of twenty percent of the number of its members, who are
already receiving service from such facilities without requiring such persons to become
members but such persons may become members upon such terms as may be
prescribed in the bylaws. An electric generation or transmission cooperative providing
electric energy to other cooperatives, public utilities, municipalities, or any department
or agency of the state or federal government shall not be limited to the ten percent and
twenty percent limitation on the transmission, distribution, sale, furnishing, and
disposal of electric energy as provided in this subsection.
2. To establish, maintain, and operate electrical cold storage and electrical processing
plants.
3. To construct, erect, purchase, lease as lessee, and in any manner acquire, own, hold,
maintain, operate, sell, dispose of, lease as lessor, exchange, and mortgage plants,
buildings, works, machinery, supplies, equipment, apparatus, and transmission and
distribution lines or systems necessary and proper for the operation of its business.
4. To assist only its members to wire their premises and install therein electrical and
plumbing fixtures, machinery, supplies, apparatus, and equipment of any and all kinds
and character, and in connection therewith and for such purposes, to purchase,
acquire, lease, sell, distribute, install, and repair electrical and plumbing fixtures,
machinery, supplies, apparatus, and equipment of any and all kinds and character, and
to receive, acquire, endorse, pledge, hypothecate, and dispose of notes, bonds, and
other evidences of indebtedness.
5. To furnish to other corporations, limited liability companies, or cooperatives organized
under this chapter, or to the members thereof, electrical energy, wiring facilities,
electrical and plumbing equipment, and services.
6. To use any highway, right of way, easement, or other similar property right owned or
held by the state or any political subdivision thereof in connection with the acquisition,
construction, improvement, operation, or maintenance of its lines, with the consent of
the local authorities having control of the street or highway proposed to be used for
such purpose.
7. Subject to chapter 32-15, to have and exercise the power of eminent domain to
acquire private property for its use, such right to be paramount except as to property of
the state or any political subdivision thereof.
8. To fix, regulate, and collect rates, fees, rents, or other charges for electrical energy and
other facilities, supplies, equipment, or services furnished by it.
9. To make contracts with other cooperatives, with public utilities, with municipalities, or
with any department or agency of the state or federal government, for the sale at
wholesale to, or interchange of electric energy with, such cooperatives, public utilities,
municipalities, or department or agency of the state or federal government, and,
notwithstanding any provisions of this chapter, such cooperatives, public utilities,
municipalities, or department or agency of the state or federal government shall be
eligible to membership in cooperatives organized under this chapter.
10. To establish and operate by itself or with any one or more electric cooperatives an
electric generation or transmission cooperative for the purpose of providing electric
energy to other cooperatives, public utilities, municipalities, or any department or
agency of the state or federal government.
