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General Laws

Section 133. As used in this section the following words shall have the following meanings:—

“Assistance”, all acts of an assisting utility conducted for or on behalf of a requesting utility.

“Domestic utility”, an electric or gas company as defined by section one, and including municipal corporations which own or may acquire municipal lighting or gas plants.

“Emergency mutual aid”, acts and assistance provided to or by a domestic or foreign utility experiencing or anticipating interruptions in service to its customers or other system emergencies, to be determined in the case of a municipal lighting or gas plant by the manager of such plant. Such acts or assistance shall be accepted or provided within a reasonable amount of time from the occurrence or anticipation of such interruptions or system emergencies.

“Foreign utility”, any utility other than a domestic utility.

Notwithstanding any contrary provision of law relating to the corporate powers and authority of a domestic utility or any limitation imposed by a corporate or municipal charter, a foreign or domestic utility shall have the power to request from and provide emergency mutual aid to other domestic and foreign utilities; and to enter into such agreements, regarding the reimbursement of expenses and other related matters and perform such other acts as are deemed reasonably necessary or desirable to request and provide such emergency mutual aid for the amount of time as reasonably necessary to restore or prevent interruption of service or to address the system emergency.

No domestic utility shall be exempt from or lose the benefits of any applicable laws of the commonwealth solely by reason of requesting or providing emergency mutual aid.

Any law, municipal by-law or ordinance relating to the methods of entering into contracts and contracts awarded by municipal corporations for construction, reconstruction, alteration, remodeling, repair, demolition, equipment, supplies or materials shall not be applicable to said acceptance or provision of emergency mutual aid as set forth herein.

A foreign utility shall not become subject to the regulatory laws of the commonwealth solely by requesting or providing assistance in the commonwealth.

Nothing in this section shall be deemed to affect, supplant or in any way diminish the existing authority of the department in the administration of the provisions of this chapter.

Nothing in this section shall be construed to affect, supplant, or diminish in any way the powers and authorities of the energy facilities siting council.

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