65- 407 C.M.R. ch. 395, § 3

Current through 2024-25, June 19, 2024

Section 407-395-3 - Standards for Construction of Line Extensions

A.Standards. All line extensions, whether constructed by a utility or a private line extension contractor, shall be constructed in compliance with the following standards:

1.NESC. National Electrical Safety Code (NESC), except as modified pursuant to 35-A M.R.S.A. §2305-A(4);

2.RUS7. Rural Utility Service (RUS), if the T&D utility is subject to oversight by the Rural Electrification Administration; and

3.Utility Standards. The line construction standards of the utility to whose transmission and distribution system the line extension is to be connected.

B.Submission of Standards

1.Terms and Conditions. All utility line construction standards shall be part of the utility's Terms and Conditions but may be located in a separate document and referenced in the main volume of the Terms and Conditions.

2.Submission; Approval. A T&D utility shall submit its initial utility line construction standards and any subsequent revisions to the Commission pursuant to 35-A M.R.S.A. §307. The initial standards shall be submitted no later than 91 days (13 weeks) following the effective date of this Chapter. A T&D utility shall not implement a utility line construction standard until it receives the Commission's approval pursuant to subsection C(2) below, except as permitted by subsection C(3) below.

3.Interested Persons List; Comments

a.List. Each T&D utility shall maintain a list of persons who have requested notice of and an opportunity to comment on its utility line construction standards.

b.Notice. Each T&D utility shall provide copies of its initial proposed utility line construction standards and any proposed revisions to persons on the list required by subparagraph a. When providing a proposed standard to persons on the list, the utility shall inform those persons that they have 35 days to provide comments concerning the utility's initial standards and 14 days for any revisions to the standards.

c.Consideration of Comments. The utility shall consider information it receives from persons submitting comments before it submits the initial or revised standards to the Commission and, in its filings, shall inform the Commission of the information it considered.

d.Emergency Revisions. If a T&D utility files a change to its standards as provided in subsection D below, it may make the filing without providing notice of the proposed change to persons on the list required by paragraph 3(a) above, but shall immediately thereafter send copies to persons on the list and within 7 days after receiving comments, inform the Commission of the information it received.

e.Changes Pursuant to Subsection E. If a utility makes a change to its standards that allows greater flexibility in construction requirements or procedures, or changes allowing alternative materials, as permitted by subsection E below, the utility shall provide notice to the persons on the list required by this subsection and on its website as soon as possible, either before or after the effective date of the change. Within 28 days following notice, the utility shall inform the Commission of any negative comments.

4.Requests to Adopt or Modify Standards; Investigations. Any person may request the Commission to require a utility to adopt or modify any utility line construction standard. Upon receiving such a request, the Commission may conduct an investigation pursuant to the provisions of 35-A M.R.S.A. §1303.

5.Requests to Modify NESC. Any person may request the Commission to modify, delete or waive any requirement of the NESC pursuant to the provisions of 35-A M.R.S.A. §2305-A(4).

C.Approval of Standards

1.NESC. A revision to a NESC standard shall apply to the construction and maintenance of line extensions pursuant to the provisions of 35-A M.R.S.A. §2305-A.

2.Utility Standards. The Commission shall consider and approve the Terms and Conditions encompassing utility line construction standards required by subsection B(1) above pursuant to the provisions of 35-A M.R.S.A. §307.

3.Transition Period. Until the Commission approves initial utility line construction standards:

a. All persons constructing line extensions within a T&D utility's service territory shall comply with the utility line construction standards on file with the T&D utility; and

b. Standards for all persons constructing line extensions within a T&D utility's service territory shall be identical.

D.Emergency Revisions. If a T&D utility believes a change to its standards is necessary because of an imminent risk to the safety of the public or of utility employees, the utility may submit the proposed change to the Commission with a request that the Commission approve the change on less than 30 days notice. The utility shall provide notice of the proposed change to persons on the list required by subsection B(3) above, and information about any comments it receives as required by subsection B(3)(d) above.

E.Changes Allowing Greater Flexibility in Construction Requirements or Procedures; Changes Allowing Alternative Materials

1.More Flexible Standard. If a utility files a change to its standards and represents to the Commission that the change allows less stringent or more flexible construction requirements or procedures, or alternative or substitute materials, the change shall become effective immediately.

2.Term and Condition Allowing Alternative Materials. A utility may include a general provision in its standards (Terms and Conditions) stating that utility personnel may specify or approve an alternative for a material required by the standards if the alternative is of the same or better quality. A utility with an approved Term and Condition permitted by this paragraph shall designate a contact person for the purpose of allowing private line extension contractors and other persons to make a request to use an alternative material. A utility that begins to use or approves an alternative material pursuant to a general Term and Condition permitted by this section shall update its materials standards as soon as possible thereafter if the alternative may be used on an ongoing basis. A utility that makes any change in methods, procedures or permitted materials pursuant to this subsection shall provide notice of the change as provided in subsection B(3)(e) above.

F.Availability of Standards

1.NESC. A T&D utility shall provide a means by which an interested person may obtain a copy of the NESC or information about how to obtain a copy.

2.RUS. If a utility must comply with the RUS standards (7 C.F.R. Part 1728), it shall provide a means by which an interested person may obtain a copy of those standards or information about how to obtain a copy, and shall maintain an internet link to those standards if it has a website and the standards are available on the internet.

3.Utility Standards. A T&D utility shall maintain a copy of its utility line construction standards at its central administrative office and on its website, if it has a website. A T&D utility shall provide a copy of its utility line construction standards to any person upon request. The T&D utility may impose a fee that does not exceed its cost of producing the copy of the standards requested.

65- 407 C.M.R. ch. 395, § 3