N.J. Admin. Code § 14:1-5.5

Current through Register Vol. 56, No. 11, June 3, 2024

Section 14:1-5.5 - Petitions for approval of franchises or consents

(a) Petitions for approval of a franchise or consent shall conform to the provisions of N.J.A.C. 14:1-4 and 14:1-5.1 through 5.4, to the extent applicable. The following information shall also be supplied in the body of the petition or in attached exhibits:

1. A certified copy of the franchise or consent involved including the terms and conditions relating thereto;

2. Proof that all statutory requirements relating to the obtaining of the franchise or consent have been met; and

3. The reason why petitioner believes that the franchise or consent is necessary and proper for the public convenience and will properly conserve the public interest.

(b) In cases where the petition involves a new water or wastewater company, the petition shall, in addition to the requirements of (a) above, also provide the following information:

1. A certified copy of the certificate of incorporation;

2. Details of plant as to type, capacity, cost, status of plant construction, construction schedule and estimated number of customers to be served;

3. A map showing the location and size, in acres or square feet, of the franchise area and the composition, diameter, length and location of pipes to be initially installed; and

4. A statement as to status of petitioner's application to the Department of Environmental Protection for the diversion of water and approval of the proposed facilities. If the Department of Environmental Protection approval has not yet been given, the petitioner shall obtain and submit with the petition a copy of a letter from said Department expressing intent to approve the operation of the plant as it is proposed to be constructed.

(c) Under the terms of 48:2-14, a privilege or franchise granted by a municipality is not effective until approved by the Board.

(d) Grants which are limited to a term of years should contain provisions:

1. Safeguarding the public interest in continuous and uninterrupted service at and after the expiration of the term of the grant;

2. Requiring the maintenance of the property of the grantee in good order throughout the full term of the grant;

3. That the utility give reasonable assurance that the grantee will continuously afford safe, adequate and proper service at just and reasonable rates.

N.J. Admin. Code § 14:1-5.5

Amended by 47 N.J.R. 2388(b), effective 9/21/2015