Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 65 - WATER MAIN EXTENSION AND SERVICE LINE RULE › Section 407-65-6 - MISCELLANEOUS PROVISIONS

Current through 2024-29, July 17, 2024
A. Contribution in
				Aid of Construction. Nothing herein contained shall prevent a utility from
				accepting non-refundable donations or contributions for extensions either in
				cash or construction participation.
B.
Utility Investment in Deep
				Extensions to Serve Areas Previously Served by Surface Mains
. The
				Utility shall invest in a "deep" main extension replacing a surface main in the
				manner provided by this rule. However, the utility's depreciated investment in
				the surface main shall be deducted from the investment in the "deep" main
				otherwise required.
C.
Surface Mains
. A utility shall not be required to make an
				investment to further extend a surface main.
D.
Resolution of Disputes and
				Commission Review
. In the case of any disagreement or dispute regarding
				the application of any provision of this rules, any person may refer the matter
				to the Commission for resolution. The matter will be treated as an informal
				complaint submitted for staff resolution under section 8(B) of Chapter 11 of
				the Commission's Rules, Rules of Practice and Procedure, 65-407 C.M.R. 11,
				§8(B). If a party is not satisfied with the staff's resolution, it must
				file a written request for Commission review within 5 business days following
				the issuance of the resolution by the staff. Failure to file a timely request
				for review of the Staff's resolution shall constitute acceptance of the
				resolution and waiver of further opportunity to be heard with respect to the
				matter.
A receipt of a request for review shall be treated as a
				  request for investigation pursuant to 35 M.R.S.A. §296. A summary
				  investigation shall be conducted, after which the Commission shall determine
				  whether a formal investigation is warranted. If it decides to commence a formal
				  investigation, the Commission shall determine the mater
de
				  novo
and may affirm, reverse or modify the staff decision. If the
				  Commission decides not to commence a formal investigation, failure to act in
				  accordance with the staff resolution shall constitute grounds to commence a
				  formal investigation pursuant to §296 and the initiation of a proceeding
				  to issue a temporary order pursuant to 35 M.R.S.A. §293.
E.
Exemptions
. A
				utility or any person affected by this rule may apply to the Commission for
				exemption from any provision of this chapter for good cause. The request shall
				contain a complete explanation and justification for the exemption.
F.
Application of Old Investment Amount
				to Existing Main Extensions for Two-Year Period; Application of New Investment
				Amount Thereafter; Exception
. The investment amount as calculated
				pursuant to this rule, as amended May 7, 1986 or as further amended January 8,
				1987, shall apply (1) to all investments made in those line extensions for
				which a main extension contract was executed on or after May 7, 1986; and (2),
				except as provided below, to all investments which the utility incurs the
				obligation to make on or after May 7, 1988 in all main extensions, including
				main extensions for which a main extension contract was incorporating the
				former rule to the contrary. The obligation to make an investment is incurred
				at the time a permanent customer is connected.
If, on a line extension for which a main extension contract
				  was executed prior to May 7, 1986, an individual or developer sold a piece of
				  property or contracted to sell a piece of property prior to that date and a
				  customer is connected subsequently, the rebate (investment) amount shall be
				  calculated as provided in this rule prior to the May 7, 1986 amendments.
No investments or rebates made or owed prior to the
				  amendments effective May 7, 1986 shall be adjusted.
G.
Notice to Commission by Utility
				Choosing Not to Invest
. If, pursuant to 35 M.R.S.A. §72-A(1), a
				non- investor owned utility has chosen to make no investment in water main
				extensions, it shall notify the Commission in writing of the date of that
				decision and shall include the minutes or other record thereof, including any
				endorsement required by 35 M.R.S.A. §72-A(4).
H.
Form Contracts
. The forms for
				contacts between water utilities and individuals and water utilities and
				developers for water main extensions and service lines, attached to this rule
				as Forms A and B, may be used for contracts required by this chapter and may be
				adapted for other circumstances arising under this chapter. A utility may use
				contracts with wording different from that provided herein, provided that the
				wording complies with the specific requirements for contracts required by this
				rule and is otherwise consistent with the rule.
(APA Office Note: please contact the Public
				  Utilities Commissions for applicable forms.