65- 407 C.M.R. ch. 395, § 6

Current through 2024-25, June 19, 2024

Section 407-395-6 - Ownership and Maintenence of Line Extensions

A.Ownership

1.Line Extension in a Public Way. Except as provided in subsection B(1), and except when a telephone utility owns, or jointly owns with the T&D utility, poles or other structures to which a T&D utility attaches its facilities, a T&D utility shall own all portions of a line extension located in a public way.

2.Developments. A T&D utility shall own a line extension that was constructed to serve a development if the line extension delivers power to any structures in the development.

3.Multiple Customers. A T&D utility shall own a line extension, wherever located, if more than one customer receives service from the line extension.

B.Ownership by Private Person Permitted

1.On Public Way; Single Customer. A person who is not a T&D utility may own a line extension that is located on a public way if it provides electric service to only one customer, and if the person complies with and obtains all necessary permits from the licensing authority pursuant to 35-A M.R.S.A. §§2305-B, 2503 and 2507. If a single customer receives electric service from more than one location on a line extension, including from separate meters, the person or entity shall be considered one customer for the purposes of this paragraph.

2.On Private Way; Single Customer. A person who is not a T&D utility may own a line extension that is located on a private way if it provides electric service to only one customer. If a single customer receives electric service from more than one location on a line extension, including from separate meters, the person or entity shall be considered one customer for the purposes of this paragraph.

3.Interconnection Points. A person who is not a T&D utility may own a pole or other structure containing an interconnection point, including a pole to which a riser conduit is attached, whether the structure is located on a private way or a public way, provided that the person complies with and obtains all necessary permits from the licensing authority pursuant to 35-A M.R.S.A. §§ 2305-B, 2503 and 2507 and the line extension connected to the interconnection point provides electric service to only one customer, as described in paragraph 1 above.

4.Developments. A person who causes the construction of a privately-constructed line extension that serves a development may own the line extension until the line extension delivers power to any structure.

5.Maintenance Obligations for Privately-Owned Line Extensions; Contract. A person who owns a privately-owned line extension must execute a written contract with the T&D utility, which the utility must file with the appropriate registry of deeds. The contract shall require the person to:

a.Maintenance. Maintain and repair the privately-owned line extension, including any pole or other structure containing an interconnection point, as required by the standards approval pursuant to section 3, and pay for any maintenance or repair that the utility must perform under the circumstances described in subsection C below;

b.Interconnection Point. Permit the utility unrestricted access to the interconnection point;

c.Transfer of Ownership. Transfer ownership to a T&D utility if required by sections 7(A), (B), or (C) of this Chapter; and

d.Licensing Authority Requirements. Follow all requirements imposed by the applicable licensing authority if the line extension is located in a public way, or if the interconnection point is located in a public way or affects activities of the licensing authority in the public way, and pay for any repairs, maintenance or moving of facilities performed by the utility under the circumstances described in subsection C(2) below.

6.Standard Form Contract. For the contracts required by Paragraph 4 above, a T&D utility shall use a standard form contract filed by the utility and approved by the Commission or the General Counsel of the Commission. If a T&D utility enters into a contract that differs from an approved standard form contract approved by the Commission, it shall obtain approval of the contract from the Commission pursuant to 35-A M.R.S.A. §703(3-A). The Commission delegates to its General Counsel the authority to approve standard form contracts or revisions to those contracts and contracts filed pursuant to 35-A M.R.S.A. §703(3-A).

7.Connection Obligations for Privately-Owned Line Extensions; Easements. A T&D utility may connect an additional customer to a privately-owned line extension, subject to the ownership transfer requirements of section 7(C), provided that the additional customer obtains any necessary easements. The additional customer shall grant all necessary easements to the T&D utility.

C. Required Maintenance or Disconnection of Privately-Owned Facilities by Utility

1.Public Way. When, as permitted under the provisions of subsection B above, a person who is not a T&D utility owns a line extension in a public way, and the T&D utility determines that the privately-owned line extension jeopardizes the safety of the public or utility employees or presents a risk to the reliability of the T&D distribution system, the T&D utility shall maintain or repair the line extension and shall charge the owner its cost of carrying out the maintenance or repair.

2.Private Property. When, as permitted under the provisions of subsection B above, a person who is not a T&D utility owns a line extension on private property, and the T&D utility notices that the privately-owned line extension jeopardizes the safety of the public or utility employees or presents a risk to the reliability of the T&D distribution system, the T&D utility may disconnect the line. If a T&D utility disconnects a line pursuant to this paragraph, it shall notify the customer of the disconnection and the reasons for the disconnection as soon as possible.

3.Interconnection Point. When, as permitted under the provisions of subsection B above, a person who is not a T&D utility owns a pole or other structure containing an interconnection point in a public way or on private property, and the T&D utility determines that the pole or other structure jeopardizes the safety of the public or utility employees or presents a risk to the reliability of the T&D distribution system, the T&D utility shall maintain or repair the facility and shall charge the owner its cost of carrying out the maintenance or repair.

4.Licensing Authority Requirements. When, as permitted under the provisions of subsection B, a person that is not a utility owns a line extension in a public way, or a pole or other structure that contains an interconnection point, whether within or outside the public way, and the licensing authority having authority over the public way determines that the line extension or interconnection point facility must be moved or repaired to carry out a highway or other activity of the authorizing licensing authority, the T&D utility shall move or repair the line extension and shall charge the owner the utility's cost of carrying out the move or repair.

5.Temporary Disconnection. A T&D utility may disconnect a customer temporarily while it performs the procedures necessary to comply with this subsection.

65- 407 C.M.R. ch. 395, § 6