reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 29.00 - Billing Procedures For Residential Rental Property Owners Cited For Violation Of The State Sanitary Code 105 Cmr 410.354 Or 105 Cmr 410.254 › Section 29.05 - Tenant Customer Responsibility

Current through Register 1525, July 5, 2024
(1)
Rental Agreement
. When a tenant customer is identified
		by the company as its customer of record, it will be presumed that the property
		owner and the tenant customer established a rental agreement that provides for
		the tenant customer to pay for the electricity or gas used in the dwelling unit
		which is the subject of the violation.
(2)
Obligation.
A
		tenant customer, within 60 days of receipt of a Sanitary Code citation pursuant
		to
		105 CMR
		410.354 and/or
		105 CMR
		410.254, shall provide the utility company
		with a copy of the citation and shall inform the utility company of the name
		and current address of the property owner subject to the citation. Failure of
		the tenant customer to provide the utility company with a copy of the citation
		within 60 days of its receipt shall bar the tenant customer from obtaining a
		refund pursuant to
		220 CMR 29.00.
(3)
Occupancy.
A
		tenant customer may submit a copy of the citation to the utility company even
		if the tenant customer is not currently occupying the dwelling unit which is
		the subject of the citation. However, the tenant customer must have been a
		noccupant of the dwelling unit and a tenant customer of the utility company at
		the time that the dwelling unit was inspected by the Certifying Agency and
		cited for a violation(s) pursuant to
		105 CMR
		410.354 and
		105 CMR
		410.254.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 29.00 - Billing Procedures For Residential Rental Property Owners Cited For Violation Of The State Sanitary Code 105 Cmr 410.354 Or 105 Cmr 410.254 › Section 29.06 - Utility Company Responsibility

Current through Register 1525, July 5, 2024
(1)
Obligation
. Upon receiving a copy of a citation
		pursuant to
		105 CMR
		410.354 or
		105 CMR
		410.254, the utility company shall:
(a) Determine, pursuant to
		220 CMR
		29.08, whether the Code violation(s) meets
		the requirements of minimal use ;
(b) Determine, pursuant to
		220
		CMR 29.07(1), the property
		owner's time period of responsibility for electric and/or gas service
		previously billed to the tenant customer;
(c) Determine, pursuant to
		220
		CMR 29.07(2)  or
		220 CMR
		29.08(1), the amount
		previously billed to the tenant customer for the time period established
		pursuant to
		220
		CMR 29.07(1);
(d) Place in escrow the amount of money paid
		by or on behalf of the tenant customer during the time period of the existence
		of the Sanitary Code violation as determined pursuant to
		220
		CMR 29.07 or
		220 CMR
		29.08(1); and
(e) Transfer the account of the tenant
		customer into the name of the property owner.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 29.00 - Billing Procedures For Residential Rental Property Owners Cited For Violation Of The State Sanitary Code 105 Cmr 410.354 Or 105 Cmr 410.254 › Section 29.07 - Determination of Retroactive Time Period and Amount of Property Owner's Responsibility

Current through Register 1525, July 5, 2024
(1)
Time Period.
A utility company shall determine the
		time period of the property owner's responsibility for paying for service
		previously billed to the tenant customer resulting from the Sanitary Code
		violation(s) pursuant to
		105 CMR
		410.354 and/or
		105 CMR
		410.254 as the lesser of (a), (b) or (c):
(a) By calculating back two years from the
		effective date of the citation, pursuant to
		220 CMR
		29.04(2); or
(b) By referencing back to the date that the
		tenant customer became customer of record for service to the dwelling unit that
		is the subject of the violation; or
(c) By reviewing billing history for the
		dwelling unit that is the subject of the violation over a two year period back
		from the effective date of the citation, pursuant to
		220 CMR
		29.04(2)  to determine the
		approximate date of commencement of the Sanitary Code violation(s).
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 29.00 - Billing Procedures For Residential Rental Property Owners Cited For Violation Of The State Sanitary Code 105 Cmr 410.354 Or 105 Cmr 410.254 › Section 29.08 - Determination of Minimal Use Violation(s)

Current through Register 1525, July 5, 2024
(1)
Minimal Use Violation(s)
. A Code violation(s) that
		individually or in the aggregate includes interior and/or exterior common area
		illumination (excluding exterior flood light(s)), smoke, fire and/or security
		alarm(s), door bell(s), cooking range, and common area electrical outlets. If
		any one or all of these energy users are cited by the Certifying Agency as
		wrongfully connected to the meter serving the dwelling unit of the tenant
		customer, provided the Certifying Agency has not also cited the wrongful
		connection of heating, air conditioning, hot water heating, electrical pump(s),
		clothes dryer, refrigerator or freezer on the meter serving the dwelling unit,
		the utility company shall bill the property owner $10.00 per month for the
		retroactive time period determined pursuant to
		220
		CMR 29.07(1).
(2)
Dispute.
A
		tenant customer may dispute the utility company's classification of a Code
		citation as a minimal use violation(s) by contacting the Consumer Division of
		the Department pursuant to
		220 CMR
		25.02(4)(b)  and
		220 CMR 29.09(1)
		 within 60 days of the date of the utility
		company's written notice issued pursuant to
		220 CMR
		29.06(2).
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 29.00 - Billing Procedures For Residential Rental Property Owners Cited For Violation Of The State Sanitary Code 105 Cmr 410.354 Or 105 Cmr 410.254 › Section 29.09 - Dispute and Hearing Procedure

Current through Register 1525, July 5, 2024
(1) The
		property owner or tenant customer may dispute the utility company's
		classification of a Code citation as a minimal use violation, or may dispute
		the time period and/or the dollar amount for which the property owner is
		responsible for electric or gas service provided to the tenant customer by
		contacting the Consumer Division of the Department, pursuant to
		220 CMR
		25.02(4)(b),
		220 CMR
		29.06(2)(d),
		220 CMR
		29.06(3)(g), and/or
		220 CMR
		29.08(2)  within 60 days of
		the date of the written notice from the utility company pursuant to
		220 CMR 29.06(2)
		 and 220 C MR 29.06(3). The Consumer Division
		shall investigate the dispute and make findings.
(2) After the Consumer Division has informed
		the property owner, tenant customer and utility company of its findings, either
		the property owner, tenant customer or utility company may request an informal
		hearing before the Consumer Division. The request for an informal hearing must
		be filed in writing with the Consumer Division within 14 days of the date of
		notification of the findings of the Consumer Division's
		investigation.
(3) When an informal
		hearing is conducted , the Consumer Division shall issue a written decision.
		The property owner, tenant customer or utility company may, within 14, appeal
		the written decision to the Commission of the Department pursuant to
		220 CMR
		25.02(4)(c).
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 29.00 - Billing Procedures For Residential Rental Property Owners Cited For Violation Of The State Sanitary Code 105 Cmr 410.354 Or 105 Cmr 410.254 › Section 29.10 - Tenant Customer Refund

Current through Register 1525, July 5, 2024
(1) The utility
		company must refund to the tenant customer that amount which was incorrectly
		billed and paid by or on behalf of the tenant customer as determined pursuant
		to
		220
		CMR 29.07(2). Such refund
		may first be credited to any outstanding balance on the tenant customer's
		account with the utility company for electric or gas service and any remaining
		refund amount shall be distributed to the tenant customer.
(2) Third party payments made by social
		service agencies or other charitable organizations on behalf of the tenant
		customer which form part of the refund amount may first be credited to any
		outstanding balance on the tenant customer's account with the utility company
		for electric or gas service and any remaining refund amount shall be
		distributed to the tenant customer.
(3) The utility company shall render a refund
		to the tenant customer no later than 30 days after the expiration of any
		applicable time period set forth in
		220 CMR 29.00.
(4) When a written decision of the Consumer
		Division is appealed to the Commission of the Department, no monies shall be
		refunded until a final adjudicatory decision has been rendered.
(5) In no event shall an electric or gas
		company withhold the tenant customer's refund until the debt is collected from
		the property owner.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 29.00 - Billing Procedures For Residential Rental Property Owners Cited For Violation Of The State Sanitary Code 105 Cmr 410.354 Or 105 Cmr 410.254 › Section 29.11 - Due Dates

Current through Register 1525, July 5, 2024
Failure to adhere to the applicable notice, dispute and hearing
		  procedure dates set forth in
		  220 CMR 29.00 by either the
		  property owner, tenant customer or the electric or gas company shall bar claims
		  under
		  220 CMR 29.00 by the party
		  who failed to adhere to the dates as set forth herein.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 29.00 - Billing Procedures For Residential Rental Property Owners Cited For Violation Of The State Sanitary Code 105 Cmr 410.354 Or 105 Cmr 410.254 › Section 29.12 - Exclusion

Current through Register 1525, July 5, 2024
When it is shown that some of the electricity and/or gas used
		  in a dwelling unit was registered by a meter other than the meter serving the
		  dwelling unit which is the subject of the violation, and the electric or gas
		  company's records how that the tenant customer was not billed for such usage,
		  the tenant customer shall not recover a reimbursement of utility payments on
		  the basis of a Code citation as contemplated by
		  220 CMR
		  29.00.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 29.00 - Billing Procedures For Residential Rental Property Owners Cited For Violation Of The State Sanitary Code 105 Cmr 410.354 Or 105 Cmr 410.254 › Section 29.13 - Waiver

Current through Register 1525, July 5, 2024
The Department may, where appropriate, grant an exception to
		  any provisions of
		  220 CMR
		  29.00.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 31.00 - Optional Formula For Determining Allowed Rates Of Return On Equity For Water Companies › Section 31.01 - Definitions

Current through Register 1525, July 5, 2024
Under 220 CMR 3 1. 00, the following words and phrases shall
		  have the following meanings, unless the context requires otherwise:
Allowed Return on Equity
, the
		  percentage rate of return on common equity authorized by the Department for a
		  utility and used in calculating an overall return on investment for purposes of
		  establishing the utility's revenue requirement.
Common Equity Ratio
, the percentage of
		  a utility's total capitalization
(i.e.
, common equity,
		  preferred stock, and long-term debt) that consists of common equity, retained
		  earnings, and capital surplus.
Department
the Department of Public
		  Utilities.
Effective Date
, the proposed effective
		  date of changes in a utility's rates, prices and charges as set forth in a rate
		  filing.
Index
, in percentage points, the most
		  recent 12-month average of thirty-year United States Treasury bond
		  interestrates, as derived from Federal Reserve Statistical Release, H.15(519),
		  "Selected Interest Rates," or a successor or equivalent publication, including
		  the interest rate published on, or as close as possible after, a date four
		  months following the effective date.
Rate Filing
, a notice of any changes
		  proposed to be made in any schedule filed under M.G.L. c. 165 which represent a
		  general increase in rates, prices and charges for water service.
Utility
, any water company as defined
		  in M.G.L. c. 165, § 1.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 31.00 - Optional Formula For Determining Allowed Rates Of Return On Equity For Water Companies › Section 31.02 - Application of Optional Methodology

Current through Register 1525, July 5, 2024
A utility may, at its option, at the time of making a rate
		  filing with the Department, choose to request the Department to establish its
		  allowed return on equity based on the formula contained in
		  220 CMR 31.03. If a
		  utility elects this option, it shall be deemed to have presented a
prima facie
case concerning its allowed return on equity and
		  to have established a rebuttable presumption that the application of the
		  formula will result in a fair and reasonable allowed return on
		  equity.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 31.00 - Optional Formula For Determining Allowed Rates Of Return On Equity For Water Companies › Section 31.03 - Formula

Current through Register 1525, July 5, 2024
The formula used to establish the allowed return on equity
		  shall be as follows:
Allowed return on equity = Index + 3.5%, if the utility has a
		  common equity ratio of 25% or lower;
Allowed return on equity = Index + 3.0%, if the utility has a
		  common equity ratio in excess of 25% but below 75%;
Allowed return on equity = Index + 2.5%, if the utility has a
		  common equity ratio of 75% or greater;
Except where the Department may otherwise determine in specific
		  cases, the allowed return on equity may not exceed 14.5% or be below
		  11.5%.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 36.00 - Sample Test Procedures For New Residential And Small Commercial Gas Meters › Section 36.01 - General

Current through Register 1525, July 5, 2024
220 CMR 36.00 provides a test
		  procedure, according to an attributes sampling plan, for new residential and
		  small commercial gas meters with rated capacity not greater than 425 cubic feet
		  per hour (cfh), that ensures compliance with M.G.L. c. 164, §
		  103.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 36.00 - Sample Test Procedures For New Residential And Small Commercial Gas Meters › Section 36.02 - Sampling Procedure

Current through Register 1525, July 5, 2024
(1) Selection of
		samples and sample testing of new meters shall be conducted in accordance with
		220 CMR
		36.08 using General Inspection Level II and
		Single Sampling Plan for Normal Inspection with an Acceptable Quality Level
		(AQL) of 2.5.
(2) New meter lots
		shall be established consisting of meters of a single type and size,
		manufactured under the same conditions, and essentially at the same time. The
		lot size will determine the sample size and the accept/reject level as shown in
		220 CMR
		36.08(7).
(3) The sample shall be made up of a
		proportionate number of meters selected at random from each sublot, such that
		each meter in the lot has an equal chance of being selected for the
		sample.
(4) Meters shall be tested
		using the best technology available at the time a company's existing meter
		testing technology is replaced.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 36.00 - Sample Test Procedures For New Residential And Small Commercial Gas Meters › Section 36.03 - Accuracy Requirements

Current through Register 1525, July 5, 2024
(1) When purchasing
		new meters, accuracy specifications to the manufacturer shall be 100% ±
		.5% proof. All new meters must be tested by the manufacturer and the test
		records must be provided to the company's manager in charge of meter testing
		and repair.
(2) The accuracy
		requirements of new meters tested by Department of Public Utilities
		(Department) personnel shall be 100% ± 1% proof.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 36.00 - Sample Test Procedures For New Residential And Small Commercial Gas Meters › Section 36.04 - Rejected or Defective Meters in Accepted Test Lot

Current through Register 1525, July 5, 2024
Any rejected or defective meter that is part of an accepted
		  test lot of meters shall be adjusted by the company's personnel and retested by
		  the Department in accordance with
		  220 CMR
		  36.03(2).
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 36.00 - Sample Test Procedures For New Residential And Small Commercial Gas Meters › Section 36.05 - Meters in Unaccepted Test Lot

Current through Register 1525, July 5, 2024
When a test lot is not accepted, every meter in the lot shall
		  be returned to the manufacturer or tested by the Department. If the meters are
		  tested by the Department, all meters in the lot that are found to be rejected
		  or defective shall be returned to the manufacturer or adjusted by the company's
		  personnel and retested by the Department in accordance with
		  220 CMR
		  36.03(2).
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 36.00 - Sample Test Procedures For New Residential And Small Commercial Gas Meters › Section 36.06 - Sealing of Accepted Meters

Current through Register 1525, July 5, 2024
(1) Each
		accepted new meter shall be sealed by affixing to the meter a prenumbered
		Department decal, colored other than yellow.
(2) Each accepted meter that is not new and
		was previously used to measure gas shall be sealed by affixing to the meter a
		yellow, prenumbered Department decal.
(3) Any accepted meter shall not be required
		to be sealed by any means other than the aforementioned decals.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 36.00 - Sample Test Procedures For New Residential And Small Commercial Gas Meters › Section 36.07 - Records

Current through Register 1525, July 5, 2024
(1) The following information shall be
		recorded on the Department Gas Meter Inspector's "Original Record of the
		Inspection of Gas Meters". For all accepted new meters, the decal number shall
		be entered in the Inspector's number column and the manufacturer's or company's
		serial number of the meter to which the decal is affixed shall be entered in
		the maker's number column. The proof of each meter tested in the sample shall
		be recorded in the proof column.
(2) Each company shall maintain a record of
		manufacturer and Department test or proof results for all new meters in each
		sample lot as required by the Department. Beginning January 1, 2021, new meter
		test records shall be recorded and stored in electronic format and retained for
		the service life of the meter, and all existing meter test records then in
		electronic format shall continue to be stored in that format for the service
		life of the meter.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 36.00 - Sample Test Procedures For New Residential And Small Commercial Gas Meters › Section 36.08 - Selection of Samples and Sample Testing

Current through Register 1525, July 5, 2024
(1)
Scope
.
(a)
Purpose
.
		220 CMR 36.00 establishes
		sampling plans and procedures for inspection by attributes. When specified by
		the responsible authority,
		220 CMR 36.00 shall be
		referenced in the specification, contract, inspection instructions, or other
		documents and the provisions set forth in
		220 CMR 36.00 shall govern.
		The "responsible authority" shall be designated in one of the above
		documents.
(b)
Application
. Sampling plans designated in
		220 CMR 36.00 are applicable,
		but not limited, to inspection of the following:
1. End items;
2. Components and raw materials;
3. Operations;
4. Materials in process;
5. Supplies in storage;
6. Maintenance operations;
7. Data or records; or
8. Administrative procedures.
These plans are intended primarily to be used for a continuing
		  series of lots or batches. The plans may also be used for the inspection of
		  isolated lots or batches, but in this latter case, the user is cautioned to
		  consult the operating characteristic curves (see MIL STD-1916, "[Department of
		  Defense] Preferred Methods for Acceptance of Product"; ANSI/ASQ Z1.4, "Sampling
		  Procedures and Tables for Inspection by Attributes") to find a plan that will
		  yield the desired protection.
(c)
Inspection
.
		Inspection is the process of measuring, examining, testing, or otherwise
		comparing the unit of product (see 220 CMR 36.08(1)(e)) with the
		requirements.
(d)
Inspection by Attributes
. Inspection by attributes is
		inspection whereby either the unit of product is classified simply as defective
		or non-defective, or the number of defects in the unit of product is counted,
		with respect to a given requirement or set of requirements.
(e)
Unit of Product
.
		The unit of product is the item inspected in order to determine its
		classification as defective or non-defective or to count the number of defects.
		It may be a single article, a pair, a set, a length, an area, an operation, a
		volume, a component of an end product, or the end product itself. The unit of
		product may or may not be the same as the unit of purchase, supply, production,
		or shipment.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 45.00 - Pole Attachment, Duct, Conduit And Right-of-way Complaint And Enforcement Procedures › Section 45.01 - Purpose and Applicability

Current through Register 1525, July 5, 2024
220 CMR 45.00 effects
		  legislative policy in favor of competition and consumer choice in
		  telecommunications by providing for complaint and enforcement procedures to
		  ensure that telecommunications carriers and cable system operators have
		  nondiscriminatory access to poles, ducts, conduits, and rights-of-ways owned or
		  controlled, in whole or in part, by one or more utilities with rates, terms and
		  conditions that are just and reasonable. The general procedural rules set forth
		  at
		  207 CMR
		  1.00:
Procedural Rules
and
		  220 CMR
		  1.00:
Procedural Rules
are also
		  applicable, except to the extent that they are inconsistent with
		  220 CMR
		  45.00.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 45.00 - Pole Attachment, Duct, Conduit And Right-of-way Complaint And Enforcement Procedures › Section 45.02 - Definitions

Current through Register 1525, July 5, 2024
As used in
		  220 CMR 45.00, except as
		  otherwise required by the context.
Attachment
. Any wire or cable for
		  transmission of intelligence by telegraph, wireless communication, telephone or
		  television, including cable television, or for the transmission of electricity
		  for light, heat, or power and any related device, apparatus, appliance or
		  equipment installed upon any pole or in any telegraph or telephone duct or
		  conduit owned or controlled, in whole or in part, by one or more utilities.
		  "Duct" and "conduit" is not limited to "telegraph" or "telephone" ducts and
		  conduits.
Complainant
. A licensee or a utility
		  who files a complaint.
Complaint
. A filing by either a
		  licensee or a utility alleging that it has been denied access to a pole, duct,
		  conduit, or rights-of-way owned or controlled, in whole or in part, by one or
		  more utilities in violation of
		  220 CMR 45.00, and/or
		  alleging that a rate, term or condition for an attachment is not just and
		  reasonable. A complaint shall constitute an initial pleading within the meaning
		  of
		  207 CMR 1.04(1)
		   and
		  220 CMR
		  1.04(1).
Department
. The Department of Public
		  Utilities and/or Department of Telecommunications and Cable.
Licensee
. Any person, firm or
		  corporation other than a utility, which is authorized to construct lines or
		  cables upon, along, under and across the public ways. For the purposes of 220
		  CMR 45.02:
Licensee
, shall also include a municipal
		  lighting plant or cooperative that operates a telecommunications system outside
		  the limits of its service territory pursuant to M.G.L. c. 164, § 47E, but
		  only for those attachments that are outside its service territory.
Respondent
. A licensee or a utility
		  against whom a complaint has been filed.
Usable Space
. The total space which
		  would be available for attachments, without regard to attachments previously
		  made,
(a) upon a pole above the lowest
		permissible point of attachment of a wire or cable upon such pole which will
		result in compliance with any applicable law, regulation or electrical safety
		code; or
(b) within any telegraph
		or telephone duct or conduit.
Utility
. Any person, firm, corporation
		  or municipal lighting plant that owns or controls or shares ownership or
		  control of poles, ducts, conduits or rights-of-way used or useful, in whole or
		  in part, for supporting or enclosing wires or cables for the transmission of
		  intelligence by telegraph, telephone or television or for the transmission of
		  electricity for light, heat or power.
Wireless Provider
. Any person, firm or
		  corporation other than a utility, which provides telecommunications
		  service.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 45.00 - Pole Attachment, Duct, Conduit And Right-of-way Complaint And Enforcement Procedures › Section 45.03 - Duty to Provide Access; Modifications; Notice of Removal, Increase or Modification; and Petition for Interim Relief

Current through Register 1525, July 5, 2024
(1) In accordance with M.G.L. c. 166, §
		25A, a utility shall provide a licensee and a wireless provider with
		nondiscriminatory access to any pole, duct, conduit, or right-of-way used or
		useful, in whole or in part, owned or controlled by it. Notwithstanding this
		obligation, a utility may deny a licensee or a wireless provider access to its
		poles, ducts, conduits, or rights-of-way, on a nondiscriminatory basis for
		valid reasons of insufficient capacity, reasons of safety, reliability,
		generally applicable engineering standards, or for good cause shown. Any
		exclusive contract between a utility and a licensee entered into or extended
		after August 18, 2000 concerning access to any pole, duct, conduit, or
		right-of-way, owned or controlled, in whole or in part, by such utility shall
		be presumptively invalid insofar as its exclusivity provisions are concerned,
		unless shown to be in the public interest.
(2) Requests for access to a utility's poles,
		ducts, conduits, rights-of-way owned or controlled, in whole or in part, by one
		or more utilities must be in an adequately descriptive writing directed to an
		appropriate named recipient designated by the utility. A utility is required to
		make such a designation. If access is not granted within 45 days of the request
		for access, the utility must confirm the denial in writing by the
		45th day. The utility's denial of access shall be
		specific, shall include all relevant information supporting its denial, and
		shall explain how such information relates to a denial of access for reasons of
		lack of capacity, safety, reliability or engineering standards.
(3)
(a) A
		utility shall provide a licensee no less than 60 days written notice prior to:
1. removal of facilities or termination of
		any service to those facilities, such removal or termination arising out of a
		rate, term or condition of the licensee's attachment agreement;
2. any change in attachment rates, terms or
		conditions; or
3. any modification
		of facilities other than routine maintenance or modification in response to
		emergencies.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 45.00 - Pole Attachment, Duct, Conduit And Right-of-way Complaint And Enforcement Procedures › Section 45.04 - Complaint

Current through Register 1525, July 5, 2024
(1) A complaint will commence a proceeding
		under
		220 CMR 45.00. Complainants
		may join together to file a joint complaint.
(2) Every complaint shall conform to the
		requirements specified in
		207 CMR 1.04(1)(b)
		 and
		220 CMR 1.04(1)(b)
		 and shall be accompanied by certification of
		service on any utility, licensee, or party named as complainant or respondent.
		The complaint shall also contain the following:
(a) a copy of the attachment agreement, if
		any, between the licensee and the utility. If no attachment agreement exists,
		the petition shall contain:
1. a statement
		that the utility uses or controls, in whole or in part, those poles, ducts,
		conduits, or rights-of-way at issue which are used or designated for
		attachments;
2. a statement that
		the licensee currently has attachments on the utility's poles, ducts, conduits,
		or rights-of-way or has requested that attachments be placed on the utility's
		poles, ducts, conduits, or rights-of-way;
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 45.00 - Pole Attachment, Duct, Conduit And Right-of-way Complaint And Enforcement Procedures › Section 45.05 - Response

Current through Register 1525, July 5, 2024
(1) The response to a complaint under
		220 CMR 45.00 shall be filed
		within 14 days after service of the document to which the response is
		directed.
(2) The response shall
		specifically address all contentions made by the complainant. All factual
		statements shall be supported by affidavit(s).
(3) The response shall include a statement
		either that the respondent requests that a hearing be convened pursuant to
		207 CMR 1.06:
Hearings
and
		220 CMR 1.06:
Hearings
or that it waives its right to a formal
		hearing.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 45.00 - Pole Attachment, Duct, Conduit And Right-of-way Complaint And Enforcement Procedures › Section 45.07 - Remedies

Current through Register 1525, July 5, 2024
If the Department determines that a denial for access is
		  discriminatory or that the rate, term or condition complained of is not just
		  and reasonable, it may prescribe a just and reasonable rate, term or condition
		  and may:
(1) terminate the unjust and
		unreasonable rate, term or condition; and
(2) substitute in the attachment agreement
		the reasonable rate, term or condition established by the Department;
		or
(3) order relief the Department
		finds appropriate under the circumstances.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 45.00 - Pole Attachment, Duct, Conduit And Right-of-way Complaint And Enforcement Procedures › Section 45.08 - Time Limit

Current through Register 1525, July 5, 2024
The Department shall issue a final Order on the complaint filed
		  in accordance with
		  220 CMR 45.00 within 180 days
		  after the complaint is filed.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 45.00 - Pole Attachment, Duct, Conduit And Right-of-way Complaint And Enforcement Procedures › Section 45.09 - Appeal from Department Decisions

Current through Register 1525, July 5, 2024
The Department shall notify all parties of their rights to
		  appeal a final decision of the Department pursuant to M.G.L. c. 25, § 5,
		  and of the time limits on their rights to appeal.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 45.00 - Pole Attachment, Duct, Conduit And Right-of-way Complaint And Enforcement Procedures › Section 45.10 - Rates Charged Any Affiliate, Subsidiary, or Associate Company

Current through Register 1525, July 5, 2024
A utility that engages in the provision of telecommunications
		  services or cable services shall impute to its costs of providing such services
		  (and charge any affiliate, subsidiary, or associate company engaged in the
		  provision of such services) an equal amount to the pole attachment rate for
		  which the utility would be liable under 220 CMR 45.10.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 45.00 - Pole Attachment, Duct, Conduit And Right-of-way Complaint And Enforcement Procedures › Section 45.11 - Severability

Current through Register 1525, July 5, 2024
The provisions of
		  220 CMR 45.00 shall be deemed
		  severable if any particular provision(s) is (are) rendered invalid by judicial
		  determination or by statutory amendment.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 50.00 - Uniform System Of Accounts For Gas Companies › GENERAL INSTRUCTIONS › Section 1 - Form of Books and Accounts Prescribed

Current through Register 1525, July 5, 2024
Gas companies shall, on and after January 1, 1961, keep their
		    books and accounts in accordance with the rules, definitions and instructions
		    herein set forth and the Rules and Regulations of the Department.
The entries to the accounts shall be supported with all
		    necessary facts pertaining thereto, with identifying references to the records,
		    contracts, pay rolls or other original books or memoranda upon which the same
		    are founded. All books of account, pay rolls, records, contracts, vouchers and
		    original books and memoranda relating to the financial affairs of the companies
		    shall be readily accessible for examination by representatives of the
		    Department.
Manufacturing companies in which the manufacture and sale of
		    gas is a minor portion of the business, or persons engaged in such business,
		    shall be required to keep books and accounts of the transactions relating to
		    their gas business only.
Each utility may adopt such plan of account numbers as it
		    deems appropriate; provided, however, that it shall keep readily available a
		    list of the account numbers and sub-divisions of accounts which it uses and a
		    reconciliation of such numbers and sub-divisions with the account numbers and
		    titles provided herein.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 50.00 - Uniform System Of Accounts For Gas Companies › GENERAL INSTRUCTIONS › Section 2 - Preservation of Records

Current through Register 1525, July 5, 2024
All books, accounts, contracts, records, vouchers and
		    memoranda pertaining to any or all of the company's property or its corporate
		    or financial affairs (except certificates representing retired and cancelled
		    security issues or other papers the destruction of which has been, or may be
		    authorized from time to time by the Department) must be permanently preserved.
		    All other original records must be preserved pending such further general or
		    specific instructions as the Department shall from time to time
		    prescribe.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 50.00 - Uniform System Of Accounts For Gas Companies › GENERAL INSTRUCTIONS › Section 3 - Subdivision of Accounts

Current through Register 1525, July 5, 2024
In order that the accounting company may have a more
		    comprehensive idea of the manner in which the funds of the company have been
		    expended, and in order that it may develop efficiency in operation, the company
		    may subdivide any primary account in this classification, provided that the
		    subprimary accounts do not impair the integrity of the accounts hereby
		    prescribed.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 50.00 - Uniform System Of Accounts For Gas Companies › GENERAL INSTRUCTIONS › Section 4 - Combined Gas and Electric Companies

Current through Register 1525, July 5, 2024
(a)
Balance Sheet Accounts
. Companies operating more than
		  one department, such as gas and electric, are not required to keep separate
		  balance sheet accounts for each department, but separate accounts must be kept
		  for each class of utility property to the extent provided in the texts and
		  instructions pertaining to plant and equipment accounts and other items as
		  specifically required in the texts of the accounts.
(b)
Property
		  Accounts
. A clear division (so far as possible) must be maintained
		  for each utility department. Each class of accounts shall include all
		  expenditures that can be definitely and properly assigned thereto.
In case the accounts of the company do not definitely show
		    the cost of the property to be assigned to the utility departments operated,
		    the property may be divided on an estimated basis.
In the numbering system used herein, as shown below, certain
		    groupings are denoted by the prefixes E and G to provide required segregation
		    of these accounts although a utility may adopt such other prefix or suffix as
		    may be deemed necessary.
Electric
Gas
Assets and other debits
100-199
100-199
Liabilities and other credits
200-299
200-299
Plant accounts
E 300-399
G 300-399
Income accounts
E 400-439
G 400-439
Revenue accounts
440-459
480-499
Production, transmission, and distribution expenses
500-599
700-899
Customer, sales and general expenses
E 900-949
G 900-949
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 50.00 - Uniform System Of Accounts For Gas Companies › GENERAL INSTRUCTIONS › Section 5 - Gas Companies Classified

Current through Register 1525, July 5, 2024
For the purpose of effectively applying the provisions of
		    this classification of operating expenses to the accounts of all companies,
		    such companies are divided into two classes, as follows:
Class A. Companies having annual operating revenues of
		    $1,000,000 or more.
Class B. Companies having annual operating revenues of less
		    than $1,000,000.
All companies will keep Balance Sheet, Utility Plant, Income,
		    Surplus and Operating Revenue accounts as provided in this system of accounts
		    (so far as applicable to their business).
The class to which any utility belongs shall originally be
		    determined by the average of its annual gas operating revenues for the last
		    three consecutive years. Subsequent changes in classification shall be made
		    when the annual gas operating revenues for each of the three immediately
		    preceding years shall exceed the upper limit, or be less than the lower limit,
		    of the annual gas operating revenues of the classification previously
		    applicable to the utility.
Any utility may, at its option, adopt the system of accounts
		    prescribed by the Department for the next larger class.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 50.00 - Uniform System Of Accounts For Gas Companies › GENERAL INSTRUCTIONS › Section 6 - Delayed Items

Current through Register 1525, July 5, 2024
Items relating to transactions which occurred prior to the
		    current calendar year but which were not recorded in the books of account shall
		    be included in the same accounts which would have been charged or credited if
		    the items had not been delayed; provided, that when the amount of a delayed
		    item is relatively so large that its inclusion in the accounts for a single
		    month would seriously distort the accounts, it may be distributed in equal
		    amounts to the accounts for the current and remaining months of the calendar
		    year; and provided further, that, if the amount of any delayed item is
		    relatively so large that its inclusion in the accounts for a single year would
		    seriously distort the accounts, the amount shall be included in account 434,
		    Miscellaneous Credits to Surplus, or account 435, Miscellaneous Debits to
		    Surplus, unless the Department shall prescribe otherwise in specific
		    instances.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 50.00 - Uniform System Of Accounts For Gas Companies › GENERAL INSTRUCTIONS › Section 7 - Distribution of Pay and Expenses of Employees

Current through Register 1525, July 5, 2024
The charges to utility plant, operating expense and other
		    accounts for services and expenses of employees engaged in activities
		    chargeable to various accounts, such as construction, maintenance, and
		    operations, shall be based upon the actual time engaged in the respective
		    classes of work, or in case that method is impracticable, upon the basis of a
		    study of the time actually engaged during a representative
		    period.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 50.00 - Uniform System Of Accounts For Gas Companies › GENERAL INSTRUCTIONS › Section 8 - Payroll Distribution

Current through Register 1525, July 5, 2024
Underlying accounting data shall be maintained so that the
		    distribution of the cost of labor charged direct to the various accounts will
		    be readily available. Such underlying data shall permit a reasonably accurate
		    distribution to be made of the cost of labor charged initially to clearing
		    accounts so that the total labor cost may be classified among construction,
		    cost of removal, gas operating functions (manufactured and purchased gas,
		    transmission and distribution, etc.) and nonutility
		    operations.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 50.00 - Uniform System Of Accounts For Gas Companies › GENERAL INSTRUCTIONS › Section 9 - Accounting Period

Current through Register 1525, July 5, 2024
Each utility shall keep its books on a monthly basis so that
		    for each month all transactions applicable thereto, as nearly as may be
		    ascertained, shall be entered in the books of the utility. Amounts applicable
		    or assignable to specific utility departments shall be so segregated monthly.
		    Each utility shall close its books at the end of each calendar year unless
		    otherwise authorized by the Department.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 50.00 - Uniform System Of Accounts For Gas Companies › GENERAL INSTRUCTIONS › Section 10 - Submittal of Questions

Current through Register 1525, July 5, 2024
To maintain uniformity of accounting, utilities shall submit
		    questions of doubtful interpretation to the Department for consideration and
		    decision.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 50.00 - Uniform System Of Accounts For Gas Companies › GAS PLANT INSTRUCTIONS › Section 1 - Classification of Gas Plant at Effective Date of System of Accounts

Current through Register 1525, July 5, 2024
A. Each utility shall classify its gas plant
		  as of January 1, 1961, the effective date of this system of accounts, in
		  accordance with the gas plant accounts prescribed herein.
B. The cost to the utility of its gas plant
		  shall be ascertained by analysis of the utility's records. Adjustments shall
		  not be made to record in gas plant accounts amounts previously charged to
		  operating expenses or to income deductions in accordance with the uniform
		  system of accounts in effect at the time or in accordance with the discretion
		  of management as exercised under a uniform system of accounts, or under
		  accounting practices previously followed.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 50.00 - Uniform System Of Accounts For Gas Companies › GAS PLANT INSTRUCTIONS › Section 2 - Basis of Charges to Gas Plant Accounts

Current through Register 1525, July 5, 2024
A. The
		  charges to the accounts of this classification on account of expenditures for
		  the acquisition of property and for improvements shall be based upon the cost
		  of the property and the improvements, and the property shall be carried in the
		  plant accounts at not more and no less than its actual cost unless, or until,
		  such property is abandoned, replaced, reconstructed or converted.
B. When the consideration given for the
		  purchase of property or for the improvement of property chargeable to the
		  accounts of this classification is anything other than cash, the cash value of
		  the consideration at the time of the transaction shall be charged to these
		  accounts, and the consideration shall be described in the record with
		  sufficient particularity to identify it.
C. No adjustment of any plant accounts shall
		  be made on the basis of any appraised value. Should the Department at any time
		  find a certain value of the property for rate making or other purposes, such
		  finding does not warrant changing the books of account (unless specifically so
		  directed). The detailed gas plant accounts (301 to 399, inclusive) are intended
		  to show at all times the cost to the company of its existing property less such
		  credits as may have been made on account of property abandoned, sold,
		  reconstructed or converted.
D. When
		  property is purchased under a plan involving deferred payments, no charge shall
		  be made to the gas plant accounts for interest, insurance, or other
		  expenditures occasioned solely by such form of payment.
E. Gas plant contributed to the utility or
		  constructed by it from contributions to it of cash or its equivalent shall be
		  charged to the gas plant accounts at cost of construction, estimated if not
		  known. There shall be credited to the accounts for reserves for depreciation
		  and amortization the estimated amount of depreciation and amortization
		  applicable to the property at the time of its contribution to the utility. The
		  difference between the amounts included in the electric plant accounts and the
		  amounts credited to the reserves for depreciation and amortization shall be
		  credited to account 271, Contributions in Aid of Construction.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 50.00 - Uniform System Of Accounts For Gas Companies › GAS PLANT INSTRUCTIONS › Section 4 - Overhead Construction Costs

Current through Register 1525, July 5, 2024
A. All
		  overhead construction costs, such as engineering, supervision, general office
		  salaries and expenses, construction engineering and supervision by others than
		  the accounting utility, law expenses, insurance, injuries and damages, relief
		  and pensions, taxes and interest, shall be charged to particular jobs or units
		  on the basis of the amounts of such overheads reasonably applicable thereto, to
		  the end that each job or unit shall bear its equitable proportion of such costs
		  and that the entire cost of the unit, both direct and overhead, shall be
		  deducted from the plant accounts at the time the property is retired.
B. As far as practicable, the determination
		  of payroll charges includible in construction overheads shall be based on time
		  card distributions thereof. Where this procedure is impractical, special
		  studies shall be made periodically of the time of supervisory employees devoted
		  to construction activities to the end that only such overhead costs as have a
		  definite relation to construction shall be capitalized. The addition to direct
		  construction costs of arbitrary percentages or amounts to cover assumed
		  overhead costs is not permitted.
C.
		  The records supporting the entries for overhead construction costs shall be so
		  kept as to show the total amount of each overhead for each year, the nature and
		  amount of each overhead expenditure charged to construction, and the basis of
		  distribution of such costs.