N.Y. Comp. Codes R. & Regs. tit. 16 § 98.1

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

Section 98.1 - Definitions

Unless the context otherwise requires, as used in this Part and Parts 99 and 100 of this Title:

(a) The term distribution line means an electric line used to distribute electric energy, which will or may reasonably be expected to provide service to more than one customer.

(b) The term supply line means a part of a distribution line that is installed between an existing electric distribution system and an underground distribution line within a residential subdivision.

(c) The term service line means an electric line used to connect a distribution line to an individual customer's meter or point of attachment; a service line, at the utility's discretion, may be connected to two or more meters at a single premises.

(d) The term appurtenant facilities means the necessary and ancillary accessories to an electric line that enable the transportation and distribution of electric energy.

(e) The term applicant means a developer, builder, person, partnership, association, corporation or governmental agency requesting the provision of electric service either:

(1) at a premises to be used as his or her residence (residing applicant);

(2) in a residence to be used by others (nonresiding applicant), provided, however, that a governmental agency applying for service on behalf of a client, who would otherwise be a residing applicant, shall be treated as a residing applicant; or

(3) at a nonresidential premises;

(f) The term residential building means a structure enclosed within exterior walls or fire walls, which is built, erected and framed of component structural parts and is designed for permanent residential occupancy.

(g) The term multiple occupancy building means a structure (including row houses) enclosed within exterior walls or fire walls, which is built, erected and framed of component structural parts and is designed to contain four or more individual dwelling units for permanent residential occupancy.

(h) The term residential subdivision means a tract of land divided into five or more lots for the construction of five or more new residential buildings, or the land on which new multiple occupancy buildings are to be constructed, the development of either of which, if required, has been approved (or was required to be approved) by governmental authorities having jurisdiction over land use, which authorities include:

(1) the Department of State, pursuant to article 9-A of the Real Property Law;

(2) the Department of Environmental Conservation, pursuant to article 15, titles 5, 15 and 27, article 17, title 15, and article 24 of the Environmental Conservation Law;

(3) the Adirondack Park Agency, pursuant to sections 809 and 810 of the Executive Law and article 15, title 27, and article 24, of the Environmental Conservation Law;

(4) the Department of Health, pursuant to article 11, title 2, of the Public Health Law;

(5) counties, pursuant to section 239-d(7) of the General Municipal Law;

(6) cities pursuant to sections 32, 33, and 34 of the General City Law;

(7) villages, pursuant to sections 7-728, 7-730 and 7-732 of the Village Law; and

(8) towns, pursuant to sections 276, 277 and 278 of the Town Law.

(i) The term public R/W means the area within the territorial limits of any street, avenue, road or way that is for any highway purpose under the jurisdiction of the State of New York or of the legislative body of any county, city, town or village that is open to public use and that may be used for the placement of utility facilities.

(j) The term R/W (right-of-way) means a right to pass over, occupy or use another's land for placing and maintaining utility facilities.

(k) The term new construction means the installation of new electric distribution lines, service lines and appurtenant facilities on any R/W where no such electric distribution line exists, and may also include (in connection with such installation) the addition of appurtenant facilities (other than replacement facilities) to existing distribution lines.

Note: The installation of a new facility parallel to and on the same R/W as an existing underground facility also constitutes the new construction of such facility.

(l) The term VSR means a visually significant resource which is:

(1) designated primarily or exclusively because of its exceptional, outstanding, significant, special or unique scenic quality pursuant to State or Federal enabling legislation; and

(2) listed in section 99.2(h) of this Title.

(m) The term commission means the Public Service Commission of New York State.

(n) The term utility means an electric corporation or a municipality subject to the jurisdiction of the commission.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 98.1