N.Y. Comp. Codes R. & Regs. tit. 16 § 98.2

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

Section 98.2 - Provision of electric service

(a) Obligation to provide electric service. When a written request for service is made to a utility by an applicant whose property abuts on, or has access to, any public R/W (other than a controlled access highway) in which the governmental authority having jurisdiction will permit the utility to install and maintain facilities, the utility shall:

(1) render the service requested in accordance with the provisions of this Part and Parts 99 and 100 of this Title;

(2) furnish, place, construct, operate, maintain and (when determined to be necessary by the utility or the commission) reconstruct, or replace all electric facilities within public R/W and other R/W when the utility elects to use such R/W in lieu of constructing facilities within public R/W, at its own cost and expense, subject to the provisions of this Part, and Parts 99 and 100 of this Title, which cost and expense shall include the amounts paid to governmental authorities for permits to do the work required and any additional amounts paid for the right(s) to make such elective use of other R/W; and

(3) grant the appropriate footage allowance required by the provisions of this Part.

(b) Obligations of all applicants. Before service may be rendered to any applicant, such applicant shall first have:

(1) either:

(i) delivered to the utility, free from cost, any necessary R/W agreement(s); or

(ii) paid in advance or agreed in writing to pay the utility any charge relating to the utility's acquisition of the necessary R/W agreement(s), so long as the applicant indicates to the utility in writing that he or she has been unable to obtain such agreement(s);

(2) paid or agreed in writing to pay the utility the material and installation costs relating to any portion of distribution line, service line and appurtenant facilities (other than those accounted for in Uniform System of Accounts 368, entitled "Line Transformers" and 370, entitled "Meters," in Subchapter F of this Title) that exceeds the portion which the utility is required to provide without contribution, which costs shall be defined in the utility's tariff;

(3) furnished reasonable security as to the performance of his or her agreement, if required to do so by the utility in accordance with its tariffs.

(c) Obligations of residing applicants. Before service is rendered to a residing applicant, such applicant shall first have:

(1) assured the utility that he or she will be a reasonably permanent customer; and

(2) agreed in writing to pay the utility the rates charged like customers.

(d) Obligations of nonresiding applicants. Before service is rendered to a nonresiding applicant, such applicant shall first have:

(1) cleared any R/W conveyed to the utility of tree stumps, brush and other obstructions and graded such R/W to within six inches of final grade at no charge to the utility, where electric distribution lines, service lines, or appurtenant facilities are required to be installed underground or will be placed underground at the request of the applicant;

(2) provided a survey map certified by a licensed professional engineer or land surveyor and certified to as final by the applicant, showing the location of each dwelling (if known), lot, sidewalk and roadway, if requested to do so by the utility;

(3) placed and agreed to continue to maintain survey stakes indicating grade and property lines;

(4) furnished to the utility or agreed to furnish a map showing the location of all existing and proposed underground facilities, as soon as the location of such facilities is known; and

(5) agreed to maintain the required clearance and grading during construction by the utility.

(e) Provision of required residential underground service. Where a utility is required, by the commission or a governmental authority having jurisdiction to do so, to provide residential underground service, the cost and expense which a utility must bear, except as otherwise provided in this Part, shall include the material and installation costs for up to a total of 100 feet of underground distribution line (including supply line) and underground service line per dwelling unit served, measured from the utility's existing electric system (from the connection point on the bottom of the riser pole for overhead to underground connections) to each applicant's meter or point of attachment with respect to each residential building. If a utility receives an application for underground residential service outside a subdivision, and a governmental authority having jurisdiction to do so has required that the facilities be installed underground, the utility may, if the cost of installing the necessary facilities will be greater than two times the cost of installing such facilities calculated using the applicable charges per foot filed pursuant to section 98.6(b)(1) of this Part and as set forth in the utility's tariff, petition the Secretary of the Commission to allow a greater contribution to the cost of installation of the facilities than this section would otherwise require, or to set up a special rate district. The petition shall set forth the relevant economic, engineering, or environmental factors. If the necessary facilities are proposed to be in a VSR, the procedures set forth in section 99.2(b)-(e) of this Title shall apply. If the building to which service is requested is located within the Adirondack Park, the utility shall send a copy of the petition to the Adirondack Park Agency. Where the application is for service to a multiple occupancy building, the utility shall bear the material and installation cost for up to 100 feet of underground line times the average number of dwelling units per floor.

(f) Provision of nonmandatory residential underground service. Where an applicant requests a residential underground service line in situations other than those described in subdivision (e) of this section, the cost and expense which a utility must bear shall include the material and installation costs equivalent to those relating to the length of overhead service line which the applicant would otherwise be entitled under subdivision (g) of this section measured from the utility's existing electric system (from the connection point on the bottom of the riser pole for overhead to underground connections) to each applicant's meter or point of attachment with respect to each residential building.

(g) Provision of residential overhead service. Where permitted to provide residential overhead service, the cost and expense which a utility must bear shall include the material and installation costs for up to 500 feet of overhead distribution line and up to 100 feet of service line or up to 300 feet of overhead distribution line and up to 100 feet of service line for single-phase and three-phase service respectively, measured as described in subdivision (e) of this section.

(h) Provision of elective residential and nonresidential underground service. Where a utility chooses to provide residential or nonresidential underground service, the cost and expense which a utility must bear shall include the material and installation costs relating to the necessary utility facilities that exceed the amount which the applicant would be required to pay if such facilities were installed overhead.

(i) Provision of mandatory or nonmandatory nonresidential underground service. Where requested to provide a nonresidential underground service line by an applicant, or where a governmental authority having jurisdiction to do so requires undergrounding, the cost and expense which a utility must bear shall include the material and installation costs equivalent to those contained in the utility's tariff in connection with the provision of overhead service.

(j) Provision of nonresidential overhead service. Where permitted to provide nonresidential overhead service, the cost and expense which a utility must bear shall include the material and installation costs for up to 500 or 300 feet of overhead distribution line, for single-phase and three-phase service, respectively.

(k) Matters reserved to utilities' tariffs. This subdivision sets forth the minimum obligations of utilities with respect to the electric facilities required to be provided without charge to or contribution by, applicants. Each utility may file, for the commission's approval, tariff schedules to provide rules for installing, maintaining, repairing and replacing service lines and appurtenant facilities, subject to the requirements of section 100.1(d) of this Title for residential subdivisions, or to extend such minimum obligations so long as the provision of additional facilities without such charge or contribution is cost justified. Such rules will be approved based on cost justification. Each service line on the applicant's property which runs to the applicant's building shall be installed either by the utility, or by the applicant in accordance with the utility's specifications, as the utility may elect and in accord with the utility's tariff, provided, however, that the utility's tariff must permit an applicant for underground service at least to excavate the trench necessary for the underground installation of distribution and service lines within a residential subdivision in accord with section 100.1(d) of this Title, and provided, further, that allocation of the costs of installation of overhead or underground service lines shall be determined in accordance with this section regardless of who installs the service lines. Unless required to do otherwise by a governmental authority with jurisdiction, a utility may choose whether to underground or pad mount transformers.

(l) To the extent practicable, underground electric, communication, and cable television facilities shall be installed in a common trench when new construction is, or can without undue difficulty, be made simultaneously. Every reasonable effort shall be made to use joint occupancy utility poles to accommodate the installation of electric, communication and cable television facilities when new overhead construction occurs.

(m) Low income applicants.

(1) In the case of an applicant for service to a primary residence, who at the time of application is a home energy assistance program recipient pursuant to Title 18 NYCRR Part 393, the utility shall pay the cost of the line extension up to 1500 feet, (in addition to the 500-foot allowance), or more if the utility agrees. If an underground extension is required, the utility shall pay the cost equivalent of up to 1500 feet of overhead line extension in addition to the 100-foot underground allowance.

(2) Such applicant must own the residential building and real property on which it is located and use it as a primary residence on the effective date of these regulations.

(3) Such applicant must apply to the utility for a line extension within 24 months of the effective date of these regulations.

(4) A utility, which incurs the cost of the additional extension, may defer the cost in account 186, miscellaneous deferred debits. This account shall be allowed in rate base in the utility's rate case which follows such deferral.

(5) Requests for inclusion in the low income program shall be made in writing to the utility. The utility shall report quarterly to the Department of Public Service the number of requests received and their disposition.

(6) A utility, that receives an application for service under this section, shall propose and pay for alternate sources of energy for the applicant up to the cost the utility would have paid for an additional line extension, if such alternative is less costly and if the applicant agrees. If the applicant does not agree to alternate sources of energy, the utility shall send the application and its proposal to the department's staff for review. The department staff shall determine an appropriate resolution based on economic, convenience or environmental factors.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 98.2