N.J. Admin. Code § 14:3-8.3

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

Section 14:3-8.3 - General requirement to provide extensions

(a) To obtain regulated services, applicants for an extension shall apply to the appropriate regulated entity, as defined at 14:3-1.1, for construction of an extension, as defined at 14:3-8.2. Prior to accepting the application, the regulated entity shall provide the applicant with a copy of this subchapter. At the time of submittal of an application for an extension, the regulated entity shall obtain from the applicant a signed certification that the applicant received a copy of this subchapter.

(b) If an applicant for an extension has met all applicable requirements in this chapter, a regulated entity shall install the requested extension in accordance with this subchapter. No regulated entity is required to construct an extension or to furnish service to any customer unless all applicable requirements of this subchapter have been met, unless ordered to do so by the Board.

(c) A regulated entity is not required to construct, own, operate or maintain an extension on any property unless the regulated entity is legally authorized to do so, for example through an easement or right of way. The applicant shall ensure that the regulated entity is provided with such legal authority, at no cost to the regulated entity and with no requirement for condemnation of the property. This subsection shall not be construed to limit the effectiveness of existing easement or right-of-way documents, nor to require new or additional easements or other documents where valid documents have previously been accepted and/or recorded. A regulated entity shall accept existing valid documentation, unless the documentation fails to adequately describe the legal authority necessary to accomplish the requested extension. This subsection does not require an applicant for an extension to clear vegetation from a right-of-way.

(d) In constructing and operating an extension, a regulated entity shall use equipment and practices that meet all applicable requirements in this chapter, and which are consistent with applicable industry best practices and standards and the regulated entity's minimum system design standards. An applicant may request equipment or service which exceeds these standards. If the regulated entity provides this excess equipment or service, the regulated entity may charge the applicant for the full cost of the excess facilities requested, in accordance with 14:3-8.9(d)3.

(e) A regulated entity shall construct an extension with sufficient capacity to provide safe, adequate, and proper service to customers, in accordance with the regulated entity's and/or the industry's system design standards, even if the applicant requests less capacity.

(f) Construction of an extension shall include all physical work required to construct the extension including, but not limited to, site preparation, vegetation clearing, trenching, and related work.

(g) A utility may refuse to connect a customer to the utility's distribution system if there is any facility or condition on the customer's premises that does not meet the standard terms and conditions of the utility's tariff and all applicable requirements of this chapter and other law.

(h) If, because of its size or character, any facility or condition on the customer's premises is so unusual that it may adversely affect the adequacy of the service furnished to other customers, present or prospective, the utility may set special conditions for connection or may refuse to connect.

N.J. Admin. Code § 14:3-8.3

Amended by R.2005 d.265, effective 8/15/2005.
See: 36 N.J.R. 5655(a), 37 N.J.R. 3046(b).
Rewrote (a).
Amended by R.2006 d.342, effective 9/18/2006.
See: 37 N.J.R. 4188(a), 38 N.J.R. 3908(a).
Rewrote (a).
Amended by R.2008 d.119, effective 5/19/2008.
See: 39 N.J.R. 4077(b), 40 N.J.R. 2481(a).
In (a), deleted "in" following the second occurrence of "applicant"; in (c), added the third through fifth sentences; and added (f) through (h).