New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 454 - Power Service › Section 454.5 - Cooperation of contracting parties

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Mutual assistance. If, in the maintenance of their respective power systems
				and/or electrical equipment and the utilization thereof for the purposes of the
				service provided by authority, it becomes necessary by reason of any emergency
				or extraordinary condition for either authority or customer to request the
				other to furnish personnel, materials, tools, and equipment for the
				accomplishment thereof, the party so requested shall cooperate with the other
				and render such assistance as the party so requested may determine to be
				available. The party making such request, upon receipt of properly itemized
				bills from the other party, shall reimburse the party rendering such assistance
				for all costs properly and reasonably incurred by it in such performance,
				together with an amount not to exceed 10 percent of such costs for
				administration and general expenses, such costs to be determined on the basis
				of current charges or rates used in its own operations by the party rendering
				assistance. Nothing in this subdivision shall be construed to require the
				furnishing of personnel in the case of a strike, lockout or other labor
				dispute.
(b) License to the
				customer. Authority by acceptance of an application for electric service or as
				provided in other contract documents will grant customer a license to
				construct, install, operate, maintain, replace or repair, either or all, upon
				property of authority at locations designated by authority under the
				administrative control and jurisdiction of authority such facilities as in the
				opinion of authority are necessary or desirable for the purposes of the service
				authority is to provide customer. Such license shall remain in effect during
				the term of service and shall expire coincidentally therewith. Any facilities
				so installed by customer pursuant to this subdivision shall be and remain the
				property of customer notwithstanding that the same may have been affixed to the
				premises. Unless otherwise specified in the application for electric service,
				the applicable service tariff, or other contract documents, if upon expiration
				of the license authority desires to acquire such facilities, it may do so at a
				price equal to the original cost less depreciation provided it gives written
				notice within 20 days of its intention to so acquire such property. If the
				authority does not acquire such facilities customer shall have a reasonable
				time after the expiration of such license or licenses in which to remove its
				facilities so installed.
(c)
				License to the authority. Customer upon authority's acceptance of customer's
				application for electric service or as provided in other contract documents
				will grant to authority a license to construct, install, operate, maintain,
				replace or repair, either or all, upon the property of customer such facilities
				as in the opinion of authority or the utility providing delivery and service
				are necessary or desirable for the service authority is to provide customer.
				The license or licenses shall be and remain in effect during the term of
				service, and shall expire coincidentally therewith. Any facilities so installed
				by authority pursuant to such license or licenses shall be and remain the
				property of authority, notwithstanding that the same may have been affixed to
				the premises. Unless otherwise specified in the application for electric
				service, the applicable service tariff, or other contract documents, if upon
				expiration of the license customer desires to acquire such facilities, it may
				do so at a price equal to the original cost less depreciation provided it gives
				written notice within 20 days of its intention to so acquire such property. If
				the customer does not acquire such facilities authority shall have a reasonable
				time after the expiration of such license in which to remove its facilities so
				installed.