reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter C - Rates And Charges › Part 720 - Construction And Filing Of Tariff Schedules › Subpart 720-9 - Bill Inserts › Section 720-9.1 - Bill inserts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each public
					 utility, other than a waterworks corporation, billing other than by postcard
					 and serving more than 25,000 customers, shall furnish to its customers a
					 narrative description of the essential elements affecting them of each proposed
					 major rate change, by bill inserts to be included with the next utility bills
					 mailed commencing not later than seven days after the rates are
					 filed.
(b) The narrative
					 description shall include the following: The commission may approve, modify or
					 reject any or all of the proposed tariff changes. Among other things, the
					 commission's determination may require revisions of the proposed amount of the
					 increases applicable to particular classifications of service, or changes in
					 rates applicable to those classifications for which no increase is proposed by
					 the company.
(c) Applications for
					 waiver of the requirements for such mailing may be granted upon a sufficient
					 showing.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter D - Records And Reports › Part 731 - Quarterly Reports › Section 731.1 - Quarterly report required

Current through Register Vol. 46, No. 28, July 10, 2024
Every electric and/or gas corporation in classes A and B
					 shall file with the commission a quarterly report for the quarter ended March,
					 June and September.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter D - Records And Reports › Part 731 - Quarterly Reports › Section 731.2 - Filing

Current through Register Vol. 46, No. 28, July 10, 2024
Every electric and gas corporation shall file one copy, and
					 such additional copies as shall be requested, of the quarterly report, prepared
					 for the first three quarters of the year, not later than 45 days after the end
					 of the three-month period covered thereby.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter D - Records And Reports › Part 731 - Quarterly Reports › Section 731.3 - Form

Current through Register Vol. 46, No. 28, July 10, 2024
Form 106 is hereby prescribed for the use of electric
					 corporations and gas corporations in classes A and B in making their quarterly
					 reports for the quarter.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter D - Records And Reports › Part 732 - Annual Reports › Section 732.1 - Annual report required

Current through Register Vol. 46, No. 28, July 10, 2024
Except as provided in this section, every electric, gas,
					 steam and waterworks corporation and every municipality subject to the
					 commission's jurisdiction, is hereby directed and required to file annually
					 with this commission, at the time and for the period hereinafter provided, an
					 annual report on the form hereinafter prescribed.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter D - Records And Reports › Part 732 - Annual Reports › Section 732.2 - Period covered

Current through Register Vol. 46, No. 28, July 10, 2024
Every public utility shall file its annual report on the
					 basis of the calendar year, and every municipality operating an electric, gas
					 or steam system on the basis of its fiscal year.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter D - Records And Reports › Part 732 - Annual Reports › Section 732.3 - Filing additional reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A report shall be filed, in accordance
				  with the requirements of section
				  3.5 
				  of this Title, by every electric, gas, steam and waterworks corporation in
				  classes A and B.
(b) A report shall
				  be filed, in accordance with the requirements of section
				  3.5 
				  of this Title, by each municipality operating an electric, gas or steam system
				  and by every electric, gas or waterworks corporation in classes C and
				  D.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter D - Records And Reports › Part 732 - Annual Reports › Section 732.4 - Filing dates

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
				  combination electric and gas corporation and steam corporation shall file an
				  annual report no later than April 30th, covering the preceding calendar
				  year.
(b) Every gas only and
				  waterworks corporation shall file an annual report no later than March 31st,
				  covering the preceding calendar year.
(c) Every municipality operating an electric,
				  gas, or steam system shall file an annual report three months after the last
				  day of its fiscal year.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter D - Records And Reports › Part 732 - Annual Reports › Section 732.5 - Appendix: prescribed forms

Current through Register Vol. 46, No. 28, July 10, 2024
The following forms are hereby prescribed for the use of
					 the several classes and groups of utilities and municipalities, and copies of
					 such forms will be furnished or made available to each utility and
					 municipality.
LIST OF FORMS-ANNUAL REPORTS
ELECTRIC AND/OR GAS
								CORPORATIONS:
Classes A and B Electric, Gas or Combination
Form 182
Classes C and D Electric, Gas or Combination
Form 182 A
Companies with average annual operating revenues
								of
Form 190
$15,000 or less in either department
Lessor Electric and Gas Companies
Form 190
(Modified)
Inchoate and Dormant Electric and Gas Companies
Form 240
Incidental Electric or Gas Business
Form 251
STEAM CORPORATIONS:
All Steam Companies
Form 241
Incidental Steam Business
Form 251 A
WATERWORKS CORPORATIONS:
Classes A and B
Form 347
Classes C and D
Form 347 CD
Companies with average annual operating revenues
								less
Form 347 E
than $100,000
Incidental Waterworks Business
Form 251 A
MUNICIPALITIES:
Electric
Form 195
Electric and Gas
Form 195
(Modified)
Gas
Abbreviated
Form E
Steam
Form 241
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter D - Records And Reports › Part 733 - Preservation Of Records › Section 733.1 - Scope of this part

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  regulations in this Part apply to all books of account and other records
				  prepared by or on behalf of every electric, gas, steam and waterworks
				  corporation and municipal electric, gas and steam utility (hereafter, in this
				  part referred to as a public utility or municipality). See item 64 of the
				  schedule of records and periods of retention (section
				  733.15 
				  of this Part) for those records that come into the possession of the public
				  utility or municipality in connection with the acquisition of property, such as
				  purchase, consolidation, merger, etc.
(b) The regulations in this Part shall not be
				  construed as excusing compliance with any other lawful requirement for the
				  preservation of records for periods longer than those prescribed
				  herein.
(c) Unless otherwise
				  specified in the schedule of records and periods of retention, duplicate copies
				  of records may be destroyed at any time; provided, however, that such duplicate
				  copies contain no significant information not shown on the originals.
(d) Records other than those listed in the
				  schedule of records and periods of retention may be destroyed at the option of
				  the public utility or municipality; provided, however, that records which are
				  used in lieu of those listed shall be preserved for the periods prescribed for
				  the records used for substantially similar purposes. And, provided further,
				  that retention of records pertaining to added services, functions, plant, etc.,
				  the establishment of which cannot be presently foreseen, shall conform to the
				  principles embodied herein.
(e)
				  Notwithstanding the provisions of the schedule of records and periods of
				  retention, the commission may, upon the request of the company, authorize a
				  shorter period of retention for any record listed therein upon a showing by the
				  company that preservation of such record for a longer period is not necessary
				  or appropriate in the public interest or for the protection of investors or
				  consumers.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter D - Records And Reports › Part 733 - Preservation Of Records › Section 733.2 - Designation of supervisory official

Current through Register Vol. 46, No. 28, July 10, 2024
Each public utility or municipality subject to the
					 regulations in this Part shall designate one or more persons with official
					 responsibility to supervise the program for preservation and the authorized
					 destruction of its records.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter D - Records And Reports › Part 733 - Preservation Of Records › Section 733.3 - Protection and storage of records

Current through Register Vol. 46, No. 28, July 10, 2024
Each public utility or municipality shall provide
					 reasonable protection for records subject to the regulations in this Part from
					 damage by fires, floods and other hazards and, in the selection of storage
					 spaces, safeguard the records from unnecessary exposure to deterioration from
					 excessive humidity, dryness, or lack of proper ventilation
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter D - Records And Reports › Part 733 - Preservation Of Records › Section 733.4 - Definition of record media

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For
				  the purpose of this Part, the data constituting the records listed in the
				  schedule of records and periods of retention may be retained in any generally
				  accepted electronic or photographic storage medium, provided the medium
				  selected has a standard life expectancy greater than or equal to the specified
				  retention period. Storage media can include, but are not limited to: paper,
				  microfilm, magnetic disk, magnetic tape, optical disk, CD-ROM, DVD, etc. It is
				  the responsibility of the public utility or municipality to ensure that the
				  storage medium is consistent with the prescribed retention period and all
				  conditions for proper storage are met to insure the protection and
				  retrievability of the data/information in the chosen format. However, records
				  supporting plant cost shall be retained in their original form unless
				  microfilmed (See section
				  733.10 
				  of this Part for periods of retention). Media regeneration to achieve the full
				  length of period retention will be allowed at the discretion of the utility,
				  provided the utility follows appropriate sections in these
				  regulations.
(b) If the storage
				  medium of the record retained is other than a readable paper copy, then reader
				  and/or printer equipment and related printout programs, if required, shall be
				  provided by the utility for data reference.
(c) A storage medium may be changed based on
				  the judgement of the utility, if subsequent conditions such as improved media
				  life expectancy and the remaining retention period permits a change in the
				  media forms, the public utility or municipality may convert to another medium,
				  provided the certification processes described in section
				  733.5 
				  of this Part are observed and data referencing capability is
				  maintained.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter D - Records And Reports › Part 733 - Preservation Of Records › Section 733.5 - Record series/media certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As the initial recording media:
(1) Each microform record series shall
				  contain, at the beginning, a microform introduction stating the title of the
				  record series, the date prepared, the name of the individual responsible for
				  validating the data contained therein. Each microform record series shall be
				  closed with a clear and standard microform notation indicating the completion
				  of the series and the date.
(2) If
				  after validation, supplemental data and corrections (i.e., resulting from
				  computer programming) are required, said microform may be produced separately
				  or as a part of the series rerun, but shall be affixed to the original
				  microform certificate as described in the immediately preceding
				  paragraph.
(3) For other storage
				  media, record series shall include, as a basic part of the program, at the
				  beginning of that series an introduction stating the record series title, date
				  prepared, the name of the individual responsible for validating the data
				  contained therein and an index where appropriate. Each record series shall be
				  closed with a clear and standard notation indicating the completion of that
				  series and the date.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter D - Records And Reports › Part 733 - Preservation Of Records › Section 733.6 - Change of media for existing records

Current through Register Vol. 46, No. 28, July 10, 2024
Those records prepared and maintained under previous
					 regulations in a paper medium, and whose remaining retention period falls
					 within the life expectancy range of any of the media detailed in section
					 733.4 
					 of this Part, may be converted to that medium at the public utility or
					 municipality's option, provided the applicable certification processes
					 described in section
					 733.5 
					 of this Part are observed and an audit referencing capability is
					 maintained.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter D - Records And Reports › Part 733 - Preservation Of Records › Section 733.7 - Media

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All records
				  created or maintained in a medium and a format other than readable entries on
				  paper shall:
(1) be prepared, arranged,
				  classified, identified and indexed so as to permit the subsequent location,
				  examination and reproduction of the record to a readable medium;
(2) be stored in such a manner as to provide
				  reasonable protection from hazards such as fire, flood, theft, etc. and
				  maintained in a controlled environment; and
(3) be regenerated, including proper
				  certification, when damaged.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter D - Records And Reports › Part 733 - Preservation Of Records › Section 733.8 - Destruction of records

Current through Register Vol. 46, No. 28, July 10, 2024
The destruction of the records permitted to be destroyed
					 under the provisions of this Part may be performed in any manner elected by the
					 public utility or municipality concerned. Precautions should be taken, however,
					 to macerate or otherwise destroy the legibility of records, the content of
					 which is forbidden by law to be divulged to unauthorized
					 persons.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter D - Records And Reports › Part 733 - Preservation Of Records › Section 733.9 - Premature destruction or loss of records

Current through Register Vol. 46, No. 28, July 10, 2024
When any records are destroyed before the expiration of the
					 prescribed period of retention or are lost, a certified statement listing, as
					 far as may be determined, the records destroyed or lost and describing the
					 circumstances of accidental or other premature destruction or loss shall be
					 filed with the commission within 90 days from the date of discovery of such
					 destruction or loss.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter D - Records And Reports › Part 733 - Preservation Of Records › Section 733.10 - Schedule of records and periods of retention

Current through Register Vol. 46, No. 28, July 10, 2024
The table contained in section
					 733.15 
					 of this Part shows the period of time designated records shall be preserved;
					 however, records related to plant shall be retained a minimum of 25 years
					 unless, accounting adjustments resulting from reclassification and original
					 cost studies have been approved by the commission and approved continuing plant
					 inventory records are maintained.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter D - Records And Reports › Part 733 - Preservation Of Records › Section 733.11 - Retention periods designated "destroy at option"

Current through Register Vol. 46, No. 28, July 10, 2024
Use of the retention period, "destroy at option," in the
					 regulations in this Part constitutes authorization for such destruction under
					 the conditions specified for the particular types of records, only if such
					 optional destruction is appropriate in view of the limited managerial interest
					 in such records and if such optional destruction is not in conflict with other
					 legal retention requirements or the usefulness of such records in satisfying
					 pending regulatory actions or directives.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter D - Records And Reports › Part 733 - Preservation Of Records › Section 733.12 - Records of services performed by associated companies

Current through Register Vol. 46, No. 28, July 10, 2024
Each public utility or municipality to which the
					 regulations in this Part apply shall assure the availability of records of
					 services performed by associated companies for the periods indicated in this
					 Part, as are necessary, to support the cost of services rendered to it by an
					 associated company.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter D - Records And Reports › Part 733 - Preservation Of Records › Section 733.13 - Index of records

Current through Register Vol. 46, No. 28, July 10, 2024
At each office of the public utility or municipality where
					 records are kept or stored, such records as are required by this Part to be
					 preserved shall be so arranged, filed and currently indexed that they may be
					 readily identified and made available to representatives of the
					 commission.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter D - Records And Reports › Part 733 - Preservation Of Records › Section 733.14 - Notes to schedule of records and periods of retention

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For the purposes of this Part, a
				  stockholder's account may be treated as a closed account at the time that such
				  stockholder ceases to be a holder of record of the particular class and series
				  of stock of the company and the six-year retention period prescribed herein
				  shall run from that date. If such person subsequently acquires shares of
				  capital stock of the company and thus again becomes a stockholder of the
				  company, the record of such acquisition shall be treated as a new stockholder
				  account.
(b) The terms bonds and
				  debentures, as used in section
				  733.15 
				  of this Part, shall include all debt securities such as bonds, debentures or
				  notes other than debt securities which evidence temporary borrowings and which
				  are expected to be repaid out of the proceeds of the sale of longer term
				  securities. Typical of such temporary debt securities, would be notes issued to
				  banks evidencing temporary working capital and construction loans and gas
				  storage loans.
(c) Canceled bonds
				  and debentures and paid interest coupons pertaining thereto may be destroyed,
				  provided that a certificate of destruction giving full description reference to
				  the documents destroyed shall be made by the person or persons authorized to
				  perform such destruction and shall be retained by the company for the period
				  herein prescribed. The certificate of destruction evidencing the destruction of
				  paid interest coupons pertaining to bonds and debentures need not contain a
				  listing of the bond or debenture serial numbers pertaining to such paid
				  interest coupons. When documents represent debt secured by mortgage, the
				  certificate of destruction shall also be authorized by a representative of the
				  trustee(s) acting in conjunction with the person or persons destroying the
				  documents or shall have the trustee(s) acceptance thereon. The certificate of
				  destruction above described may be destroyed six years after the payment and
				  discharge of the bonds or debentures or interest coupons described in such
				  certificate.
(d) If more than one
				  retention period prescribed in section
				  733.15 
				  of this Part applies to a given record, the public utility or municipality need
				  retain only one copy of such document in its files, provided appropriate
				  cross-references are established.
(e) Life or mortality study data for
				  depreciation purposes should be retained as a permanent record.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter D - Records And Reports › Part 733 - Preservation Of Records › Section 733.15 - Appendix: schedule of records and periods of retention table

Current through Register Vol. 46, No. 28, July 10, 2024
PRESERVATION OF RECORDS SCHEDULE OF RECORDS AND
					 PERIODS OF RETENTION
TABLE OF CONTENTS
Item
CORPORATE AND GENERAL
1 Capital Stock Records
2 Proxies and Voting Lists
3 Reports to Stockholders
4 Debt Security Records
5 Filings with and Authorizations by
				  Regulatory Agencies ....
6
				  Organizational Documents:.....................................
(a) Minute Books ........
(b) Titles, Franchises, Licenses
				  ........
(c) Permits
				  ........
(d) Organization Diagrams
				  and Charts ........
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-1 - General Requirements › Section 753-1.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of these rules is to establish procedures for
						the protection of underground facilities in order to assure public safety and
						to prevent damage to public and private property, as required by General
						Business Law, article 36 and Public Service Law, section 119-b. T his Part may
						be cited as Industrial Code 53 or Code Rule 53, in addition to its designation
						as Part 753.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-2 - Duties of Local Governing Bodies › Section 753-2.1 - Provision and display of notice

Current through Register Vol. 46, No. 28, July 10, 2024
Any local governing body that issues permits for
						excavation and demolition shall provide a notice to applicants for permits that
						informs them about their responsibilities under State law to protect
						underground facilities and the existence, operation, programs and telephone
						number of the one-call notification system. Every such local governing body
						shall continuously display such notice in a conspicuous location in the office
						or agency it designates.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-3 - Duties of Excavators › Section 753-3.1 - Timing of notice for excavation or demolition

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1)
					 Before commencing or engaging in any nonemergency excavation or demolition,
					 each excavator shall provide notice of the location and date of the planned
					 excavation or demolition to the one-call notification system serving the
					 vicinity in which the excavation or demolition is to take place.
(2) Such notice shall be served at least two
					 but not more than 10 working days, not including the date of the call, before
					 the commencement date of the excavation or demolition.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-3 - Duties of Excavators › Section 753-3.2 - Detailed notice requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every notice provided by an excavator to
					 the one-call notification system concerning planned excavation or demolition
					 shall contain at least the following information:
(1) name of the person serving such
					 notice;
(2) name, address and
					 telephone number of the excavator or excavator's company;
(3) excavator's field telephone number, if
					 one is available;
(4) name of the
					 field contact person, if any;
(5)
					 address and exact location as well as the approximate extent and dimensions of
					 the planned work area;
(6) means of
					 excavation or demolition and whether or not explosives are to be
					 used;
(7) brief description of the
					 planned excavation or demolition;
(8) date and time the excavation or
					 demolition is planned to commence.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-3 - Duties of Excavators › Section 753-3.3 - Commencement of excavation or demolition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The excavator may proceed with excavation
					 or demolition on the stated date of commencement if, prior thereto, he or she
					 has received notification from each and every operator notified by the one-call
					 notification system that:
(1) such operator
					 has no underground facility located in or within 15 feet of the work area;
					 or
(2) that any underground
					 facility located in or within 15 feet of the work area has been staked, marked
					 or otherwise designated in accordance with the provisions of Subpart 753-4 of
					 this Part.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-3 - Duties of Excavators › Section 753-3.4 - Staking, marking or other designation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every excavator shall be familiar with
					 the provisions of this Part, especially those relating to size and depth
					 indications, color coding, center line or offset staking or marking and the
					 location of underground facilities by designations other than staking or
					 marking.
(b) Whenever the excavator
					 determines that a review of the staking, marking or other designation is
					 necessary or that additional information is required, he or she shall so notify
					 the operator or the one-call notification system.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-3 - Duties of Excavators › Section 753-3.5 - Preservation of stakes, markings or other designations

Current through Register Vol. 46, No. 28, July 10, 2024
Starting on the stated commencement date given in the
						excavator's notice to the one-call notification system, the excavator shall be
						responsible for protecting and preserving the staking, marking or other
						designation until no longer required for proper and safe excavation or
						demolition work at or near the underground facility.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-3 - Duties of Excavators › Section 753-3.6 - Verification of underground facilities

Current through Register Vol. 46, No. 28, July 10, 2024
Where an underground facility has been staked, marked or
						otherwise designated by the operator and the tolerance zone overlaps with any
						part of the work area, or the projected line of a bore/directional drill
						intersects the tolerance zone, the excavator shall verify the precise location,
						type, size, direction of run and depth of such underground facility or its
						encasement. Verification shall be completed before the excavation or demolition
						is commenced or shall be performed as the work progresses.
(a) Powered or mechanized equipment may be
					 used within the tolerance zone for removal of pavement or masonry but only to
					 the depth of such pavement or masonry.
(1)
					 Below the depth of pavement or masonry, powered equipment may be used in the
					 tolerance zone prior to the verification of the location of facilities when
					 agreed to in writing by the affected operator(s).
(2) Operators, or their agents and
					 contractors working under their direction, may use powered equipment to locate
					 their own facilities within the tolerance zone.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-3 - Duties of Excavators › Section 753-3.7 - Unverifiable underground facilities

Current through Register Vol. 46, No. 28, July 10, 2024
If the precise location of an underground facility cannot
						be verified by the excavator after diligent search at a reasonable depth within
						the tolerance zone as staked, marked or otherwise designated by the operator,
						the excavator shall so notify such operator as soon as possible. The operator
						shall respond in accordance with section
						753-4.10 
						of this Part.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-3 - Duties of Excavators › Section 753-3.8 - Powered excavating equipment limitations

Current through Register Vol. 46, No. 28, July 10, 2024
After verifying the location of an underground facility,
						the excavator shall not employ powered or mechanical excavating equipment
						closer than four inches in any direction from the staked, marked or otherwise
						designated or known outside diameter or perimeter of such facility or its
						protective coating unless agreed to in writing by the operator of the affected
						underground facility. Any such written agreement shall be furnished to the
						excavator by the operator, upon request.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-3 - Duties of Excavators › Section 753-3.9 - Discovery of unknown underground facilities

Current through Register Vol. 46, No. 28, July 10, 2024
Where an undesignated or otherwise unknown underground
						facility is discovered within a work area, the excavator shall report such
						discovery as follows:
(a) If the
					 identity of the operator of the discovered underground facility is known or is
					 obvious, the excavator shall report the discovery to such operator. The
					 operator shall respond immediately and, in accordance with section 753- 4.9(d)
					 of this Part, take any necessary action and advise the excavator as to whether
					 he or she may proceed in the immediate area.
(b)
(1) If
					 the identity of the operator of the discovered underground facility is not
					 known or obvious, the excavator shall report the discovery to the one-call
					 notification system and each operator notified by the one-call notification
					 system shall respond immediately and, in accordance with section
					 753-4.9(d) 
					 of this Part, determine whether or not such discovered facility is his or
					 hers.
(2) While awaiting a
					 determination of ownership, the excavator may proceed with the excavation or
					 demolition taking reasonable care to protect and prevent damage to such
					 underground facility.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-3 - Duties of Excavators › Section 753-3.10 - Requirements concerning contact and damage to underground facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Excavators
					 shall take all reasonable precautions to prevent contact or damage to
					 underground facilities and their protective coatings, including but not limited
					 to, compliance with any reasonable directions or accepted engineering practices
					 given by affected underground facility operators.
(b) In the event of contact with or damage to
					 an underground facility, the excavator shall immediately notify the operator of
					 the facility.
(c) All excavation or
					 demolition in the immediate vicinity of the contacted or damaged portion of the
					 underground facility shall be suspended until such portion is repaired and the
					 operator advises the excavator that excavation or demolition may
					 proceed.
(d) No backfilling shall
					 be done by the excavator in the vicinity of the contact or damage until the
					 operator conducts an inspection and makes any necessary repairs; and, the
					 excavator shall undertake no repairs unless and until authorized by the
					 operator.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-3 - Duties of Excavators › Section 753-3.11 - Requirements concerning underground facilities in danger of failing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An excavator
					 who by removing the surrounding materials exposes an underground facility which
					 in his or her judgment appears to have failed or to be in potential danger of
					 failing from corrosion or other causes shall immediately report such condition
					 to the operator of such underground facility.
(b) The excavator shall delay any further
					 work in the immediate vicinity of such underground facility which could
					 jeopardize it but may proceed in areas not affecting the questionable
					 facility.
(c) The excavator may
					 proceed in such immediate vicinity after the operator responds and takes
					 necessary action in regard thereto and advises the excavator that he or she may
					 proceed.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-3 - Duties of Excavators › Section 753-3.12 - Required support and protection for underground facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An excavator
					 shall provide prompt and adequate support and protection for every underground
					 facility located in the work area as is reasonably specified by the operator of
					 any such facility.
(b) In the
					 absence of any specifications by the operator, the excavator shall provide
					 support and protection in accordance with generally accepted engineering
					 practice, including but not limited to shoring and bracing.
(c) Support shall be at least equivalent to
					 the previously existing support and shall protect the underground facility
					 against freezing and against traffic and other loads.
(d) Support shall be maintained during
					 excavation, during backfilling and, if necessary, after backfilling is
					 completed.
(e) The operator may, in
					 agreement with the excavator, provide such support.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-3 - Duties of Excavators › Section 753-3.13 - Backfilling requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
					 excavator performing excavation or demolition at an underground facility shall
					 backfill such excavation with materials and in such manner as specified by the
					 operator or, in the absence of such specifications, with suitable materials and
					 in such manner as will avoid damage to, and provide proper support for, such
					 underground facility and its protective coating both during and after
					 backfilling operations.
(b) The
					 excavator shall not place large rock, frozen earth, rubble, debris or other
					 heavy or sharp materials or objects which could cause damage to or scraping
					 against any underground facility.
(c) The backfill beneath and around any
					 underground facility shall be properly compacted in accordance with generally
					 accepted engineering practice.
(d)
					 Heavy loads and excessive forces shall not be imposed on any exposed
					 underground facility at any time during backfilling operations.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-3 - Duties of Excavators › Section 753-3.14 - Emergency requirements

Current through Register Vol. 46, No. 28, July 10, 2024
In the event of an emergency involving danger to life,
						health or property as a result of damage to an underground facility containing
						gas or liquid petroleum products or as a result of an electrical short or
						escape of gas or hazardous fluids, the excavator shall:
(a) proceed to evacuate his or her employees
					 and all other endangered persons from the immediate vicinity to the best of his
					 or her ability; and
(b) immediately
					 notify 911 and the operator of the affected facility of the exact location,
					 nature of the emergency and of the underground facility which is
					 affected.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-3 - Duties of Excavators › Section 753-3.15 - Responsibility to employees

Current through Register Vol. 46, No. 28, July 10, 2024
Every excavator subject to the provisions of this Part
						shall make certain that all of his or her employees directly involved in
						excavation or demolition are thoroughly familiar with the applicable provisions
						of this Part and especially the provisions of this Subpart relating to their
						safety.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-3 - Duties of Excavators › Section 753-3.16 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-3 - Duties of Excavators › Section 753-3.17 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-4 - Duties of Operators › Section 753-4.1 - Participation of operators

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
					 operator of an underground facility shall participate in a one-call
					 notification system within whose geographical jurisdiction or boundaries such
					 underground facility is located.
(b) Every operator who is not a member of the
					 one-call notification system and installs, has installed for him or her, or
					 otherwise acquires, an underground facility, shall participate in a one- call
					 notification system within 10 days after commencement of the installation or
					 after the acquisition.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-4 - Duties of Operators › Section 753-4.2 - Removal of underground facilities

Current through Register Vol. 46, No. 28, July 10, 2024
Any operator who removes or transfers ownership of all of
						his or her underground facilities from within the boundaries of any one-call
						notification system shall promptly notify the system.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-4 - Duties of Operators › Section 753-4.3 - Operator furnished information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every operator shall provide the one-call
					 notification system at least the following information:
(1) corporate or other name and address of
					 such operator; and
(2) department,
					 agency, office or individual designated by the operator to be notified by the
					 one-call notification system or excavators and the local address and telephone
					 number of such department, agency, office or individual.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-4 - Duties of Operators › Section 753-4.4 - Receiving notices

Current through Register Vol. 46, No. 28, July 10, 2024
Each operator shall establish a means of receiving
						notices of planned excavation or demolition from the one-call notification
						system in accordance with the procedures of the system.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-4 - Duties of Operators › Section 753-4.5 - Operator's response to notice

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior to the stated commencement date of
					 the excavation or demolition work as stated in the recorded notice, the
					 operator shall make a reasonable attempt to inform the excavator, by means of
					 an Automated Positive Response (APR) system, where available, or by means of
					 direct communications with the excavator, where APR is not available, that
					 either:
(1) the operator has no underground
					 facility in or within 15 feet of the work area; or
(2) every underground facility belonging to
					 him or her which is located in or within 15 feet of the work area has been
					 staked, marked or otherwise designated in accordance with the provisions of
					 this Subpart.