Upon application of a private energy entity, and after notice to any affected public utility and opportunity for hearing thereon, the Commission shall authorize such entity to construct an interconnection for the purpose of transporting natural gas for the private energy entity, if the Commission finds:

1. (a) that such interconnection is in the public interest and for the general public benefit;
2. (b) that the interconnection involves natural gas produced within this State in the service area of the public utility, ultimately consumed within this State, and which would otherwise be undeveloped because a public utility is unable or unwilling to purchase it at a price the Commission finds to be reasonable;
3. (c) that the interconnection would not cause energy which would likely otherwise be made available to the general public to be diverted to the private energy entity; and

4. (d) that the natural gas has substantially the equivalent quality and characteristics as the natural gas in the utility's transmission system with which the interconnection would be made and meets the standards for safety and quality established by the Commission.

   The Commission shall prescribe by regulation such reasonable terms, conditions and requirements as it deems appropriate.

(from Ch. 111 2/3, par. 573)

(Source: P.A. 83-1290.)