N.J. Admin. Code § 14:3-3.7

Current through Register Vol. 56, No. 11, June 3, 2024
Section 14:3-3.7 - Interruptions of service
(a) Each utility shall exercise reasonable diligence to avoid interruptions, curtailments or deficiencies (hereinafter referred to as "interruptions") of service and, when such interruptions occur, service shall be restored as promptly as possible consistent with safe practice. Utilities shall make reasonable efforts to be aware of all service interruptions and to comply with all reporting deadlines in this section. If a utility fails to meet the deadlines in this section, the burden of proof shall be upon the utility to show good cause for the failure.
(b) This section applies to service interruptions for any reason, including, but not limited to, an act of God, weather condition, natural disaster, attack, catastrophic occurrence, accident, strike, legal process, or governmental interference. However, this section shall not apply to service interruptions made in accordance with provisions in interruptible service contracts between the utility and its customers.
(c) Telecommunications utilities shall not be subject to (d), (e), and (f) below, but shall instead comply with the service interruption provisions in the Board's telephone rules at N.J.A.C. 14:10-1A.11.
(d) Thirty-minute interruptions. If a service interruption meets one or more of the criteria at (d)1 through 4 below, the utility shall report the interruption to the Board no later than 30 minutes from the time that the utility becomes aware that service has been interrupted for 30 minutes. This subsection shall apply if service is interrupted for 30 minutes to one or more of the following:
1. A group of 10,000 or more customers;
2. A hospital, as defined at N.J.A.C. 8:43G-1.2;
3. An airport that is designated as a class I, II, or IV airport under 14 CFR Part 139 , and that holds Airport Operating Certification from the Federal Aviation Administration under 14 CFR Part 139 ; and/or
4. A subway station or a passenger rail system, such that the interruption stops the trains from running.
(e) Two-hour interruptions. In addition to the reporting required at (d) above, if a service interruption meets one or more of the following criteria, the utility shall report the interruption to the Board no later than 30 minutes from the time that the utility becomes aware that service has been interrupted for two hours:
1. The service interruption causes the closure of one or more lanes of an interstate highway, State highway, the New Jersey Turnpike, the Atlantic City Expressway or the Garden State Parkway;
2. Service is interrupted for two hours or more to any of the critical customers listed in (f) below;
3. Gas service is interrupted for two hours or more to 100 customers or more;
4. A gas service incident that could cause concern because of coverage by the news media; and/or
5. Service is interrupted for two hours or more to a sufficient number of non-gas customers to meet the applicable threshold in Table A below:

Table A Threshold For Reporting A Non-Gas Service Interruption Number of Customers The Utility ServesThreshold: Number of Customers Interrupted For 2 Hours Or More
500 or fewer 20
501 to 1,000 50
1,001 to 10,000 100
10,001 to 100,000 200
100,001 to 500,000 1,000
500,001 to 1,000,0002,000
1,000,001 or more5,000

(f) The following are the customers subject to (e)2 above:
1. A school facility, including a regionally accredited college or university, a public or non-public school, a facility that provides vocational-technical education, or a facility subject to the jurisdiction of a district board of education, as defined in N.J.A.C. 6A:9-2.1; and
2. A State correctional facility designated to house inmates serving prison sentences.
(g) The utility shall promptly follow up the reporting required at (d) and/or (e) above with a detailed written report that includes all pertinent facts, including the cause of the interruption, the number and locations of customers affected, the number of critical customers affected, the number of customers relying on life sustaining/supporting equipment affected, the duration of the interruption, and utility actions to correct the interruption and to minimize and/or remedy its effects.
(h) Planned interruptions for operating reasons shall always be preceded by reasonable notice to all affected customers, and the work shall be planned so as to minimize customer inconvenience.
(i) Whenever the New Jersey Department of Transportation serves a public utility with a notice prohibiting street openings pursuant to N.J.S.A. 27:7-26, or the utility receives a New Jersey Executive Department directive, or is otherwise put upon notice of any facts, actual or threatened, which may adversely affect its ability to render safe, adequate and proper service, the public utility shall forthwith report the pertinent facts to the Board, in writing.
(j) A utility shall perform all reporting required pursuant to this section using the forms and procedures prescribed by Board staff, which shall be posted on the Board's website at http://www.nj.gov/bpu/about/divisions/reliability.
(k) Each utility shall keep a record of each reported interruption of service for a period of one year after the interruption ends.
(l) Records of the major interruptions of service shall be kept in a manner suitable for analysis for the purpose of minimizing possible future interruptions and shall include the time, cause, and duration of the interruptions as well as the remedial action taken.

N.J. Admin. Code § 14:3-3.7

New Rule, R.2008 d.119, effective 5/19/2008.
See: 39 N.J.R. 4077(b), 40 N.J.R. 2481(a).
Former N.J.A.C. 14:3-3.7, Basis for restoration, recodified to N.J.A.C. 14:3-3A.9.
Amended by R.2009 d.15, effective 1/5/2009.
See: 40 N.J.R. 2414(a), 41 N.J.R. 270(a).
In (d)4, substituted "A" for "An autobus station or" and inserted ", such that the interruption stops the trains from running".
Amended by 54 N.J.R. 1612(a), effective 8/15/2022