In energy infrastructure: an entity that has been granted the right to exercise the power of eminent domain under its franchise or other laws, and operates, manages, or controls any of the following public services:

  • Distribution of electricity;
  • Transmission of electricity;
  • Petroleum and petroleum products pipeline transmission systems;
  • Water pipeline distribution systems and wastewater pipeline systems, including sewerage pipeline systems;
  • Internet connection, telecommunications, and connectivity;
  • Airports;
  • Seaports;
  • Irrigation projects; or
  • Other similar public services [Section 3(b), Right-of-Way Act, as amended by the ARROW Act of 2024]

Note: For brevity, the term is written as “private entity” in other parts of the law.

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