N.Y. Comp. Codes R. & Regs. tit. 16 § 100.5

Current through Register Vol. 46, No. 25, June 18, 2024

Section 100.5 - Special conditions

(a) This section governs the new construction of distribution lines, service lines and appurtenant facilities performed pursuant to this Part.

(b) In unusual circumstances when the application of this Part appears impracticable or unjust to either party, or discriminatory to other customers, the utility providing service or the applicant may file a petition, in accordance with the requirements of section 3.5 of this Title, for a special ruling or for the approval of special conditions which may be mutually agreed upon before construction is commenced, which petition shall set forth relevant economic, engineering, and environmental factors.

(c) If the utility or the applicant believes that the new construction of underground distribution lines, service lines or appurtenant facilities within a residential subdivision would be less environmentally desirable than the new construction of overhead facilities, it may request that the Secretary of the Commission grant an exception. The request shall be sent to the secretary in accordance with the requirements of section 3.5 of this Title. The request shall:

(1) as between overhead and underground construction, compare the probable environmental effects associated with the residential subdivision and any economic, engineering, or other factors considered pertinent to the case by the utility or applicant to be served;

(2) for those instances where visual values would be diminished by underground construction, indicate factors bearing on probable retention of significant flora, including the utility's practice with respect to trimming trees in the vicinity of the overhead facilities;

(3) be mailed to the Adirondack Park Agency, whenever the request will involve construction within the Adirondack Park; and

(4) be reviewed by staff. The secretary shall notify the utility within 60 days of receipt of the request either that the request is granted or that it objects to the request. If staff objects, the request shall be referred to the commission for further review. Requests and petitions shall be granted or denied based on environmental, economic or engineering factors.

(d) Service to a residential subdivision may be supplied overhead under the following circumstances:

(1) if no governmental authority having jurisdiction to do so has required undergrounding and the utility can provide service to the entire subdivision:

(i) by extending its facilities no more than 600 feet in a cul-de-sac where a portion of the street within the subdivision is served by overhead facilities within or at the entrance of the cul-de-sac;

(ii) by connecting an area between existing overhead facilities for a distance of 1,200 feet or less;

Note: In order to determine whether 1,200 feet or more of facilities must be constructed to connect existing overhead facilities, the measurement should be along the route of construction. This will usually be the street within the residential subdivision.

(2) if no governmental authority having jurisdiction to do so has required undergrounding, by installing service lines to new applicants from existing overhead lines.

(e) Where a utility constructs overhead lines because of reasons in paragraph (1) of subdivision (d) of this section, it shall report such overhead construction to the commission quarterly along with a description of the project.

(f) Where a one-pole extension, including but not limited to road crossing pole extensions, would enable an existing overhead distribution line to be connected to a proposed distribution line in a residential subdivision, such extension may be installed overhead, rather than underground.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 100.5