New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter II - ELECTRIC UTILITIES › Subchapter A - Service › Part 98 - General Provisions Relating To The Extension Of Facilities By Electric Corporations And Municipalities › Section 98.3 - Charges for providing additional facilities and for acquiring rights-of-way

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If, in order to
				  provide nonresidential service or residential service to a non-residing
				  applicant, a utility must install or provide for the installation of
				  distribution lines, service lines and appurtenant facilities, in addition to
				  those required to be provided without contribution under section
				  98.2 
				  of this Part, the utility shall impose a lump-sum charge on the applicant for
				  such facilities that exceed the portion which the utility is required to
				  provide without contribution to the applicant. For a nonresiding applicant in a
				  residential subdivision requiring underground service, this lump-sum charge
				  shall be determined by subtracting the total free footage allowance from the
				  total footage of distribution line, service line and appurtenant facilities
				  (other than those accounted for in accounts 368 and 370) to be installed and
				  multiplying the remaining distribution and service footage by the applicable
				  experienced average cost per foot of the installing utility as reported
				  pursuant to section
				  98.6(b)(1) 
				  of this Part and set forth in the utility's tariff. For an applicant for
				  nonresidential service or for a nonresiding applicant not in a residential
				  subdivision requiring underground service, the lump-sum charge relating to
				  distribution lines, service lines and appurtenant facilities (other than those
				  accounted for in accounts 368 and 370) shall be determined as set forth in the
				  utility's tariff.
(b) If, in order
				  to provide service to a residing applicant, a utility must install or provide
				  for the installation of a distribution line, a service line and appurtenant
				  facilities (other than those accounted for in accounts 368 and 370) in addition
				  to those required to be provided without contribution under section
				  98.2 
				  of this Part, the utility shall impose a lump-sum charge or a charge subject to
				  the provisions in subdivision (e) of this section, at the option of the
				  applicant. For a residing applicant, the lump-sum charge relating to a
				  distribution line, a service line and appurtenant facilities (other than those
				  accounted for in accounts 368 and 370) shall be determined as set forth in the
				  utility's tariff.
(c) If an
				  applicant for nonresidential service or a nonresiding applicant chooses,
				  pursuant to section
				  98.2(b)(1)(ii) 
				  of this Part, to pay a utility for acquiring the necessary R/W, the utility
				  shall impose a lump-sum charge on the applicant to cover the reasonable actual
				  costs of acquiring such R/W.
(d) If
				  a residing applicant chooses pursuant to section
				  98.2(b)(1)(ii) 
				  of this Part to pay a utility for acquiring the necessary R/W, the utility
				  shall impose on the applicant either a lump-sum charge or a charge subject to
				  the provisions of subdivision (e) of this section, at the applicant's option,
				  to cover the reasonable actual costs of acquiring such R/W.
(e) If a residing applicant has chosen not to
				  pay a lump-sum amount, a utility shall impose a surcharge relating to the
				  material and installation costs of distribution lines, service lines, and
				  appurtenant facilities (other than those accounted for in Accounts 368 and 370)
				  and to R/W acquisition costs, subject to the following provisions:
(1) the surcharge shall be applicable for 10
				  years, shall be computed as specified in individual utility tariffs approved by
				  the commission and shall be paid annually or rateably for each billing
				  period;
(2) if more than one
				  customer is to be served from new overhead distribution lines and the length of
				  the lines requested exceeds such customers' aggregate entitlement (that is, the
				  number of customers multiplied by 500 feet or 300 feet -- for single-phase and
				  three-phase service, respectively) the excess length shall be prorated among
				  the customers for purposes of calculating the surcharge in paragraph (1) of
				  this subdivision;
(3) after the
				  commencement of service from a new overhead distribution line whenever the
				  aggregate entitlement of the customers then served from the line (that is, the
				  number of customers multiplied by 500 feet or 300 feet -- for single-phase and
				  three-phase service, respectively) equals or exceeds the length of the
				  distribution line initially constructed, the surcharge shall terminate as to
				  all customers served from the distribution line;
(4) whenever the total revenue in each of any
				  two consecutive calendar years from all customers served from a new overhead
				  distribution line exceeds 1.5 times the reasonable actual capital cost of the
				  total distribution line, all surcharges shall cease;
(5) no surcharges shall be imposed if the
				  total estimated revenue in each of any two consecutive calendar years from all
				  customers served from a new distribution line exceeds 1.5 times the reasonable
				  actual capital costs of the total distribution line; and
(6) customers who are currently paying a
				  surcharge may, at their option convert to a 10-year surcharge, with years and
				  amounts already paid credited, or be relieved of their surcharge, if their
				  payments meet or exceed the installation costs of their facilities.