reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 2 - UNDERGROUND FACILITIES: ONE-CALL DAMAGE PREVENTION SYSTEM › Subchapter 6 - VIOLATIONS, PENALTIES, ENFORCEMENT › Section 14:2-6.5 - Response by alleged violator to Notice of Probable Violation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				alleged violator shall respond to the Notice of Probable Violation (NOPV) by
				submitting the completed Answering Certification to the Board's Division of
				Reliability and Security within 21 calendar days after receiving the Notice of
				Probable Violation and form of Answering Certification. The alleged violator
				shall submit the Answering Certification regardless of whether the alleged
				violator wishes to contest the NOPV.
(b) If the alleged violator wishes to contest
				the NOPV, the alleged violator shall indicate this on the Answering
				Certification and provide proofs by both picture and narrative of the alleged
				violator's innocence as to the violation charged. Board staff may hold an
				informal conference with the alleged violator to analyze the record of the
				matter.
(c) Following the alleged
				violator's submittal of the Answering Certification, the Notice of Probable
				Violation may be resolved informally; and/or the staff and the alleged violator
				may enter into a written settlement agreement, which shall be presented to the
				Board for approval.
(d) Nothing in
				this section or in
				14:2-6.4
				shall prevent the Board from issuing an Administrative Order and Notice of
				Civil Administrative Penalty Assessment pursuant to this subchapter at any time
				upon discovery of a probable violation, nor shall this section be deemed to
				affect the availability of any other enforcement provision provided for by law,
				in connection with the probable violation.
(e) If the NOPV is not resolved informally
				under this section, Board staff may present the matter to the Board for further
				action as determined by the Board, which may include, but shall not be limited
				to, the issuance of an AONOCAPA.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 2 - UNDERGROUND FACILITIES: ONE-CALL DAMAGE PREVENTION SYSTEM › Subchapter 6 - VIOLATIONS, PENALTIES, ENFORCEMENT › Section 14:2-6.6 - Failure of alleged violator to submit Answering Certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the alleged
				violator fails to submit the Answering Certification within the deadline at
				14:2-6.5(a), or
				fails to attend a hearing or conference as required under this subchapter, the
				alleged violator shall be deemed in default.
(b) If an alleged violator is in default,
				Board staff may present the Notice of Probable Violation (NOPV) to the Board
				for findings and issuance of a Final Order of Penalty Assessment (FOPA),
				without further notice to the alleged violator. Board staff shall also present
				proof that the NOPV was served upon the violator in accordance with the
				Administrative Procedure Rules at
				1:1-7.2.
(c) If the Board issues an FOPA, including
				one or more violations that were set forth in the NOPV, the Board may assess
				the maximum penalty authorized by law for these violations without further
				prior notice to the violator and without further opportunity for the violator
				to contest the penalty.
(d) In
				determining the appropriate amount of a civil administrative penalty after a
				default, the Board shall not be bound by any compromise or settlement offer
				made to the alleged violator by staff, and shall apply the standards in
				14:2-6.2.
(e) Payment of a civil administrative penalty
				assessed under this section is due on the 10th day following service upon the
				alleged violator of the Board's FOPA or as otherwise specified by the
				Board.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 2 - UNDERGROUND FACILITIES: ONE-CALL DAMAGE PREVENTION SYSTEM › Subchapter 6 - VIOLATIONS, PENALTIES, ENFORCEMENT › Section 14:2-6.7 - Notice of Administrative Order and Civil Administrative Penalty Assessment (AONOCAPA)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to
				the Notice of Probable Violation, which can be issued by Board staff under
				14:2-6.4, the Board may at any
				time issue an Administrative Order and Notice of Civil Administrative Penalty
				Assessment.
(b) The Board shall
				serve an AONOCAPA in accordance with the Administrative Procedure Rules at
				1:1-7.2.
(c) The Board may, in its discretion, assess
				a civil penalty for more than one offense in a single Administrative Order and
				Notice of Civil Administrative Penalty Assessment or in multiple Administrative
				Orders and Notices of Civil Administrative Penalty Assessment.
(d) An Administrative Order and Notice of
				Civil Administrative Penalty Assessment shall:
1. Identify the provision of the law, rule,
				regulation or order alleged to have been violated;
2. Concisely state the facts, which
				constitute the alleged violation;
3. Order such alleged violation to
				cease;
4. Specify the amount of the
				civil administrative penalty to be imposed; and
5. Notify the alleged violator of the right
				to request an adjudicatory hearing pursuant to the procedures in
				14:2-6.8. If no hearing is
				requested, the penalty set forth in the AONOCAPA will be due and owing on the
				21st day following service on the alleged violator, without further
				notice.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 2 - UNDERGROUND FACILITIES: ONE-CALL DAMAGE PREVENTION SYSTEM › Subchapter 6 - VIOLATIONS, PENALTIES, ENFORCEMENT › Section 14:2-6.8 - Adjudicatory hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To request an
				adjudicatory hearing to contest an Administrative Order and Notice of Civil
				Administrative Penalty Assessment issued pursuant to this subchapter, the
				alleged violator shall submit the following information in writing to the
				Secretary of the Board, Attention: Adjudicatory Hearing Request/One-Call, Board
				of Public Utilities, 44 South Clinton Avenue, 9th Floor, PO Box 350, Trenton,
				New Jersey 08625-0350:
1. The name, address
				and telephone number of the alleged violator and its authorized
				representative;
2. The alleged
				violator's defenses, stated in short and plain terms, to each of the Board's
				preliminary findings of fact contained in the Administrative Order and Notice
				of Civil Administrative Penalty Assessment;
3. An admission or denial of each of the
				Board's preliminary findings of fact contained in the Administrative Order and
				Notice of Civil Administrative Penalty Assessment. If the alleged violator is
				without knowledge or information sufficient to form a belief as to the truth of
				a finding, the alleged violator shall so state and this shall have the effect
				of a denial. A denial shall fairly meet the substance of the findings denied.
				When the alleged violator intends, in good faith, to deny only a part of or
				qualify a finding, the alleged violator shall specify so much of it as true and
				material and deny only the remainder. The alleged violator may not generally
				deny all of the findings but shall make all denials as specific denials of
				designated findings. For each finding denied, the alleged violator shall allege
				the fact or facts as the alleged violator believes it or them to be;
4. Information supporting the request and
				specific reference to or copies of other written documents relied upon to
				support the request;
5. An estimate
				of the time required for the hearing (in days and/or hours); and
6. A request, if necessary, for a
				barrier-free hearing location to accommodate physically disabled
				persons.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 2 - UNDERGROUND FACILITIES: ONE-CALL DAMAGE PREVENTION SYSTEM › Subchapter 6 - VIOLATIONS, PENALTIES, ENFORCEMENT › Section 14:2-6.9 - Actions in Superior Court

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board may
				institute an action or proceeding in the Superior Court for a violation of any
				provision of this chapter, the Underground Facility Protection Act, or an order
				adopted pursuant thereto and the court may proceed in a summary
				manner.
(b) The Board may bring a
				Superior Court action for one or more of the following remedies:
1. A temporary or permanent injunction,
				pursuant to
				48:2-86(b);
2. A civil penalty;
3. Costs incurred by the Board as a result of
				any investigation, inspection, monitoring or survey that led to the Board's
				determination that the violation had occurred; and/or
4. The reasonable costs of preparing,
				pursuing and litigating the case against the violator.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 2 - UNDERGROUND FACILITIES: ONE-CALL DAMAGE PREVENTION SYSTEM › Subchapter 6 - VIOLATIONS, PENALTIES, ENFORCEMENT › Section 14:2-6.10 - Criminal prosecution

Current through Register Vol. 56, No. 14, July 15, 2024
A person that knowingly engages in certain activities in
				  violation of this chapter may be subject to criminal prosecution in accordance
				  with 48:2-87.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 1 - GENERAL PROVISIONS › Section 14:3-1.2 - Applicability and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter
				applies to all public utilities.
(b) Each public utility shall ensure that all
				applicable requirements of this chapter are met, as to all of the utility's
				plant, facilities and services.
(c)
				Other Board rules apply to each of the utilities listed at (a) above, in
				addition to this chapter. If there is any conflict between those
				utility-specific rules and this chapter, the rules that are specific to that
				particular utility shall govern.
(d) If a dispute arises between a utility and
				any other person regarding this chapter, an informal complaint may be submitted
				to the Board in accordance with
				14:1-5.1 3, or a petition may be
				filed under N.J.A.C. 14:1-5.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 1 - GENERAL PROVISIONS › Section 14:3-1.3 - Tariffs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each public
				utility shall, prior to offering a utility service to the public, submit a
				tariff or tariff amendments to the Board for approval, with an electronic copy
				to Rate Counsel. The tariff filing shall meet the applicable requirements for
				pleadings at N.J.A.C. 14:1-4, the applicable requirements for petitions at
				14:1-5.1 through 5.5, and the
				applicable requirements for tariff filings at
				14:1-5.1 1, 5.12, and/or
				5.12A.
(b) The tariff required by
				this section shall:
1. Clearly identify the
				public utility, list all relevant contact information, and describe the public
				utility's service area;
2. Clearly
				describe all services that the utility offers, and all terms and conditions
				regarding the services;
3. Include
				all of the public utility's rates and charges for all services that the utility
				offers. The rates for each separate and distinct class of service rendered by a
				utility shall be filed as a separate schedule; and
4. Meet all requirements of this
				section.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 2 - PLANT › Section 14:3-2.1 - Plant construction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The construction and installation of
				plant and facilities of the utilities shall be in accordance with standard
				utility practice, shall comply with all applicable requirements of this
				chapter, and shall be conducted so as to enable the utility to provide safe,
				adequate and proper service.
(b)
				Each utility shall make reasonable efforts to protect its property from injury,
				vandalism or damage of any kind, and shall exercise due care to reduce hazards
				to which employees, customers, and the general public may be subjected by the
				utility's equipment and facilities.
(c) All public utilities shall cooperate to
				the greatest extent practicable to reduce or eliminate interference among the
				different utility systems.
(d) When
				an extension, as defined at
				N.J.A.C.
				14:3-8.2, is constructed underground, the
				responsibility for construction of the portion of the extension located on the
				property to be served shall be as follows:
1.
				For an extension of gas service, the utility shall construct the entire
				extension;
2. For an extension of
				water or wastewater treatment service, the applicant for the extension shall
				construct the entire extension, except for the water meter and any of the
				following that are located on the roadside utility right-of-way of the
				property:
i. The shutoff valve;
ii. A fire hydrant; and/or
iii. Any piping, branches or other
				infrastructure that will serve properties other than the property of the
				applicant for an extension, either at the time of application or in the
				foreseeable future;
3.
				For an extension of wastewater service to a premise served by a water
				distribution system, the utility shall furnish and install a water meter on
				which to base the amount of usage for wastewater service;
4. For an extension of wastewater service to
				a premise that is served by a well, the utility shall make a reasonable effort
				to install a water meter on said well for purposes of determining wastewater
				service based on the premise's water consumption. However, if the utility
				determines that it is not feasible or practical to install a water meter on the
				well, the wastewater service billing shall be based upon a flat rate;
5. For an extension of telecommunications
				service, either the applicant or the utility shall construct the extension, at
				the applicant's discretion; and
6.
				For an extension of electric service, either the applicant or the utility shall
				construct the extension, at the applicant's discretion.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 2 - PLANT › Section 14:3-2.2 - Inspection of work performed by contractors

Current through Register Vol. 56, No. 14, July 15, 2024
To the extent necessary to ensure compliance with safe
				  practices, any construction work performed for a utility by contractors shall
				  be inspected by a qualified representative of the utility before being placed
				  in active service.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 2 - PLANT › Section 14:3-2.3 - Equipment on utility poles

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each utility
				owning poles shall ensure that any equipment or facilities placed on the poles,
				including any wire serving a fire alarm, electric distribution or transmission
				system, light rail, telecommunications, or cable television system; or any
				other facilities, private or otherwise, are located and attached in accordance
				with standard industry practice.
(b) When existing poles or facilities, and/or
				equipment placed on the pole or facilities, is repaired, replaced or changed,
				the utility shall ensure that the affected pole or facilities, and all
				equipment or facilities then in place, comply with the New Jersey Uniform
				Construction Code, N.J.A.C. 5:23 and with standard industry practice.
(c) In the event of disagreement between a
				utility and a municipality or other utility as to the necessity of repair,
				replacement or modification of a utility pole, facilities or attached
				equipment, the matter shall be submitted to the Board for
				determination.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 2 - PLANT › Section 14:3-2.4 - Identification of buildings and structures

Current through Register Vol. 56, No. 14, July 15, 2024
Each group of buildings or structures shall be provided with
				  a sign displaying the name of the operating utility. This rule shall not apply
				  to buildings or structures located on railroad rights-of-way.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 2 - PLANT › Section 14:3-2.5 - Identification of utility equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section
				shall apply to each utility that owns, solely or jointly, a fire hydrant, or a
				pole or other structure that supports wires or cables that run along or over a
				public roadway. The utility shall mark each such hydrant, pole, and structure
				as follows:
1. The utility shall mark the
				equipment with the initials of its name, abbreviation of its name, corporate
				symbol or other distinguishing mark or code by which ownership may be readily
				and definitely ascertained;
2. The
				utility shall mark the equipment with a number or symbol, or both, by which the
				location of each piece of equipment may be determined on utility office
				records;
3. The markings may be
				made with paint, brand or with a soft metal plate; and
4. The marks shall be of such size and so
				spaced and maintained as to be easily read.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 2 - PLANT › Section 14:3-2.6 - Maintenance of plant, equipment and facilities

Current through Register Vol. 56, No. 14, July 15, 2024
Every utility shall have and maintain its entire plant in
				  such condition as will enable it to furnish safe, proper and adequate service.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 2 - PLANT › Section 14:3-2.7 - Inspection of property

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each utility
				shall inspect its equipment and facilities at sufficiently frequent intervals
				to disclose conditions, if existing, which would interfere with safe, adequate
				and proper service, and shall promptly take corrective action where conditions
				disclosed by such inspection so warrant.
(b) Whenever any equipment is removed from
				the system for any reason, it shall be inspected as to safety and
				serviceability before being reinstalled in the same or other
				locations.
(c) Each pole, post,
				tower or other structure shall be inspected by the utility owning or using it
				with sufficient frequency and comprehensiveness to disclose the necessity for
				replacement or repair in order to ensure safe, adequate and proper
				service.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 2 - PLANT › Section 14:3-2.8 - Construction work near utility facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A utility shall
				endeavor, to the extent feasible and practicable, to obtain prompt notice and
				information concerning commencement and progress of construction work in close
				proximity to its facilities through its qualified employees, or through
				contractors, government agencies, or others who may be permitted to perform
				construction work within the confines of its territory.
(b) All utilities shall comply fully with the
				Board's rules implementing the Underground Facility Protection Act at N.J.A.C.
				14:2, also known as the "One-Call rules."
(c) Nothing in this section shall affect the
				duties and obligations of persons working in the vicinity of high voltage lines
				as set forth in N.J.S.A. 34:6-47.
(d) Each utility shall ensure that only
				utility employees or other qualified persons perform work on its equipment and
				facilities, including poles, while these are in use providing service to
				customers.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 2 - PLANT › Section 14:3-2.9 - Public utility notification of a planned infrastructure project

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A public
				utility shall notify a local unit and local utility of any public utility
				infrastructure project that the public utility plans to undertake within the
				borders of that local unit and local utility service area at least 180 days
				prior to initiating work on the public utility infrastructure project. The
				notice shall include a summary of the purpose and scope of the public utility
				infrastructure project, a public utility infrastructure project schedule, and a
				map of the public utility infrastructure project location.
(b) Notwithstanding the notification
				requirements at N.J.A.C. 14:3-2.10(a), within 60 days of the receipt of the
				notice required pursuant to (a) above, a local unit and local utility shall
				examine any underground utility facility owned or operated by the local unit or
				local utility at that project location to the extent feasible and notify the
				public utility whether such underground utility facility needs repair or
				replacement and if the local unit or local utility intends to undertake a local
				infrastructure project within the scope of the public utility infrastructure
				project. The local unit, local utility, and public utility shall coordinate to
				provide timely notification of any changes to their respective project plans or
				schedule and, when feasible, to jointly establish a timeframe for scheduled
				work.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 2 - PLANT › Section 14:3-2.10 - Local unit and local utility notification of an infrastructure project

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A local unit
				and local utility shall notify each public utility that provides service within
				the borders of a local unit and local utility service area of any local
				infrastructure project that the local unit or local utility plans to undertake
				at least 180 days prior to initiating work on the local infrastructure project.
				The notice shall include a summary of the purpose and scope of the local
				infrastructure project, a local infrastructure project schedule, and a map of
				the local infrastructure project location.
(b) Notwithstanding the notification
				requirements at N.J.A.C. 14:3-2.9(a), within 60 days of the receipt of the
				notice required pursuant to (a) above, a public utility shall examine any
				underground utility facility owned or operated by the public utility within the
				borders of a local unit at that project location to the extent feasible and
				notify the local unit and any relevant local utility whether an underground
				utility facility needs repair or replacement and if the public utility intends
				to construct a public utility infrastructure project within the scope of the
				local infrastructure project. The local unit, local utility, and public utility
				shall coordinate to provide timely notification of any changes to their
				respective project plans or schedule and, when feasible, to jointly establish a
				timeframe for scheduled work.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 2A - INFRASTRUCTURE INVESTMENT AND RECOVERY › Section 14:3-2A.1 - Infrastructure Investment Program-purpose, scope, and general provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				establishes a regulatory mechanism concerning an Infrastructure Investment
				Program, which will allow a utility to accelerate its investment in the
				construction, installation, and rehabilitation of certain non-revenue producing
				utility plant and facilities that enhance safety, reliability, and/or
				resiliency. Through an Infrastructure Investment Program approved by the Board,
				a utility may obtain accelerated recovery of qualifying investments, subject to
				the terms of this subchapter, and any other conditions set by the Board in
				approving an individual utility's Infrastructure Investment Program.
(b) The purpose of an Infrastructure
				Investment Program is to provide a rate recovery mechanism that encourages and
				supports necessary accelerated construction, installation, and rehabilitation
				of certain utility plants and equipment. As set forth in this subchapter, such
				investment would occur in a systematic and sustained way to advance
				construction, installation, and rehabilitation of utility infrastructure needed
				for continued system safety, reliability, and resiliency, and sustained
				economic growth in the State of New Jersey.
(c) The Board shall require frequent and
				detailed reporting of expenditures during all phases of an Infrastructure
				Investment Program, as set forth in this subchapter, in order to ensure prudent
				investment and compliance with this subchapter.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 2A - INFRASTRUCTURE INVESTMENT AND RECOVERY › Section 14:3-2A.2 - Project eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				projects within an Infrastructure Investment Program shall be:
1. Related to safety, reliability, and/or
				resiliency;
2. Non-revenue
				producing;
3. Specifically
				identified by the utility within its petition in support of an Infrastructure
				Investment Program; and
4. Approved
				by the Board for inclusion in an Infrastructure Investment Program, in response
				to the utility's petition.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 2A - INFRASTRUCTURE INVESTMENT AND RECOVERY › Section 14:3-2A.3 - Annual baseline spending levels

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				utility seeking to establish an Infrastructure Investment Program shall, within
				its petition, propose annual baseline spending levels to be maintained by the
				utility throughout the length of the proposed Infrastructure Investment
				Program. These expenditures shall be recovered by the utility in the normal
				course within the utility's next base rate case.
(b) In proposing annual baseline spending
				levels, the utility shall provide appropriate data to justify the proposed
				annual baseline spending levels, which may include historical capital
				expenditure budgets, projected capital expenditure budgets, depreciation
				expenses, and/or any other data relevant to the utility's proposed baseline
				spending level.
(c) Upon approving
				a utility's proposed Infrastructure Investment Program, the Board shall
				establish, within its order approving the Program, annual baseline spending
				levels for each year of the Infrastructure Investment Program. In establishing
				the annual baseline spending levels, the Board shall set forth, within its
				order approving the Infrastructure Investment Program, the factors used to
				establish the annual baseline spending levels. The Board, in its discretion,
				may consider a utility's historical capital expenditure budgets, projected
				capital expenditure budgets, depreciation expenses, or any other data deemed
				relevant by the Board in establishing the annual baseline spending
				levels.
(d) Only expenditures that
				are in excess of the annual baseline spending levels established by the Board
				and that meet the other requirements of this subchapter shall be eligible for
				accelerated recovery pursuant to N.J.A.C. 14:3-2A.6.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 2A - INFRASTRUCTURE INVESTMENT AND RECOVERY › Section 14:3-2A.4 - Infrastructure Investment Program length and limitations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A utility may petition the Board for
				approval of an Infrastructure Investment Program extending for a period of five
				years or less.
(b) The Board may
				limit the size of a particular Infrastructure Investment Program due to its
				anticipated impact on rates, or for any other reasons in the Board's
				discretion.
(c) A utility that
				offers more than one regulated service may file separate petitions to establish
				separate Infrastructure Investment Programs for each regulated service offered
				by the utility. Under these circumstances, each Infrastructure Investment
				Program approved by the Board shall be subject to its own respective spending
				cap.
(d) A water utility shall not
				simultaneously maintain an Infrastructure Investment Program and utilize the
				Board's Distribution System Improvement Charge (DSIC), set forth in N.J.A.C.
				14:9-10. Before filing a petition in support of a proposed Infrastructure
				Investment Program under this subchapter, a water utility shall first close out
				any existing DSIC program.
(e)
				Allowance for Funds Used During Construction (AFUDC) shall be permitted under
				an Infrastructure Investment Program, but a utility shall not utilize AFUDC
				once Infrastructure Investment Program facilities are placed in
				service.
(f) Year-to-year
				variations in an Infrastructure Investment Program's approved annual budget of
				up to 10 percent shall be permitted, provided that the total Program budget is
				not exceeded. Variations in excess of 10 percent shall require Board
				approval.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 2A - INFRASTRUCTURE INVESTMENT AND RECOVERY › Section 14:3-2A.5 - Infrastructure Investment Program minimum filing and reporting requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				Infrastructure Investment Programs shall be voluntary, in that a utility shall
				not be required by the Board to establish an Infrastructure Investment
				Program.
(b) A utility requesting
				approval of an Infrastructure Investment Program shall include within its
				petition:
1. Projected annual capital
				expenditure budgets for a five-year period, identified by major categories of
				expenditures;
2. Actual annual
				capital expenditures for the previous five years, identified by major
				categories of expenditures;
3. An
				engineering evaluation and report identifying the specific projects to be
				included in the proposed Infrastructure Investment Program, with descriptions
				of project objectives-including the specific expected resilience benefits,
				detailed cost estimates, in service dates, and any applicable cost-benefit
				analysis for each project;
4. An
				Infrastructure Investment Program budget setting forth annual budget
				expenditures;
5. A proposal
				addressing when the utility intends to file its next base rate case, consistent
				with N.J.A.C. 14:3-2A.6(f);
6.
				Proposed annual baseline spending levels, consistent with N.J.A.C. 14:3-2A.3(a)
				and (b);
7. The maximum dollar
				amount, in aggregate, the utility seeks to recover through the Infrastructure
				Investment Program; and
8. The
				estimated rate impact of the proposed Infrastructure Investment Program on
				customers.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 2A - INFRASTRUCTURE INVESTMENT AND RECOVERY › Section 14:3-2A.6 - Infrastructure Investment Program expenditure recovery

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A utility may file for annual or
				semi-annual rate recovery for facilities constructed and placed in service
				under an Infrastructure Investment Program. "In service" means when a project
				approved for inclusion in an Infrastructure Investment Program is functioning
				in its intended purpose, is in use (that is, not under construction) and useful
				(that is, actively helping the utility provide efficient service).
(b) Each filing made by a utility seeking
				accelerated recovery under an Infrastructure Investment Program shall seek
				recovery, at a minimum, of at least 10 percent of overall Infrastructure
				Investment Program expenditures.
(c) A utility's expenditures made prior to
				the Board's approval of an Infrastructure Investment Program shall not be
				eligible for accelerated recovery.
(d) Rates approved by the Board for recovery
				of expenditures under an Infrastructure Investment Program shall be
				accelerated, and recovered through a separate clause of the utility's
				Board-approved tariff.
(e) Rates
				approved by the Board for recovery of expenditures under an Infrastructure
				Investment Program shall be provisional, subject to refund and interest.
				Prudence of Infrastructure Investment Program expenditures shall be determined
				in the utility's next base rate case.
(f) A utility shall file its next base rate
				case not later than five years after the Board's approval of the Infrastructure
				Investment Program start date, although the Board, in its discretion, may
				require a utility to file its next base rate case within a shorter
				period.
(g) A utility may continue
				to file for accelerated recoveries during the approved Infrastructure
				Investment Program period notwithstanding the filing of the utility's next base
				rate case.
(h) An earnings test
				shall be required, where Return on Equity (ROE) shall be determined based on
				the actual net income of the utility for the most recent 12-month period
				divided by the average of the beginning and ending common equity balances for
				the corresponding period.
(i) For
				any Infrastructure Investment Program approved by the Board, if the calculated
				ROE exceeds the allowed ROE from the utility's last base rate case by 50 basis
				points or more, accelerated recovery shall not be allowed for the applicable
				filing period.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 3 - SERVICE › Section 14:3-3.1 - Duty to furnish service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It shall be the
				duty of every utility to furnish safe, adequate and proper service, including
				furnishing and performance of service in a non-discriminatory manner, and in a
				manner that tends to conserve energy resources and preserve the quality of the
				environment.
(b) Accordingly, it is
				the proper function and continuing duty of utilities as defined in
				14:3-1.1 to suggest and develop
				conservation proposals for presentation to the Board. The rules which follow do
				not limit this continuing duty nor other duties now imposed upon the utilities,
				but merely serve to define such duties and to establish standards for their
				performance.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 3 - SERVICE › Section 14:3-3.2 - Customer applications for service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applications by
				a customer for the establishment of service may be made at the utility's office
				either in person, by regular mail or through the utility's website, facsimile
				transmission, electronic mail, where available, or by telephone. If the utility
				requires a written application, the application may be subsequently submitted
				to the customer for signature.
(b)
				A utility shall not place the name of a second individual on the account of a
				residential customer unless specifically requested by said second
				individual.
(c) A utility shall
				advise a customer of the rate schedule most applicable to that customer and
				suggest a change in rate schedule, if and when appropriate.
(d) When a customer makes application for
				service to any utility and the service requested is supplied by another
				utility, the utility shall advise the customer when possible of the appropriate
				utility to whom the application should be made.
(e) If a utility requires proof of identity
				with an application for service, the utility shall accept any of the following
				items to establish identity, and may also accept other documents at the
				utility's discretion:
1. A valid driver's
				license;
2. A birth
				certificate;
3. A valid U.S.
				passport;
4. A valid U.S. residency
				card with photograph;
5. A valid
				U.S. military identification card;
6. A valid county identification
				card;
7. A valid county welfare
				identification card;
8. A valid
				student identification card; or
9.
				A valid identification card issued by the State of New Jersey.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 3 - SERVICE › Section 14:3-3.3 - Providing information to customers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each utility
				shall, upon request, furnish its customers with such information as is
				reasonable in order that the customers may obtain safe, adequate and proper
				service.
(b) All utility customers
				shall be given a copy of the "Customer Bill of Rights" approved by the Board,
				effective at the time of service initiation. Said copy shall be presented no
				later than at the time of the issuance of the customer's first bill or 30 days
				after the initiation of service, whichever is later.
(c) If a customer's service is likely to be
				affected by peculiar or unusual circumstances, the public utility shall inform
				the customer as to how the customer can minimize the effect of such
				circumstances in order to secure sufficient and satisfactory service from the
				utility's system.
(d) Each utility
				shall supply its customers with information on the furnishing and performance
				of service in a manner that tends to conserve energy resources and water
				resources and preserve the quality of the environment, which shall include, but
				not be limited to, the duty to inform customers:
1. That there is a national and local need
				for the conservation of all types of energy resources by industrial, commercial
				and residential customers;
2. That
				such conservation, if widely practiced, particularly at periods of peak demand,
				will reduce or defer the need for the expansion of utility generating and
				transmission capacity, with attendant public benefits in land use,
				environmental quality and public health and safety;
3. That the utility will continue to develop
				and implement other conservation programs which will be promoted and advertised
				as provided for herein;
4. That the
				information shall be distributed to the public by the following means:
i. Extensive advertising by public media,
				including newspapers, periodicals, television, radio, and social
				media;
ii. The use of outdoor signs
				and messages, including posting on utility vehicles and facilities, and common
				carriers;
iii. By direct mailing,
				at no direct charge to customers, informational booklets detailing methods for
				conserving energy resources and any other information pursuant to this
				subchapter, which the Board may from time to time require; and
5. That no utility may distribute
				to the public, advertise or otherwise disseminate information for the purpose
				or with the effect of encouraging or promoting the consumption of energy
				resources in a manner inconsistent with these rules.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 3 - SERVICE › Section 14:3-3.4 - Deposits for service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A utility may
				require a reasonable deposit as a condition of supplying service, in accordance
				with this section.
(b) The amount
				of any deposit required or increased pursuant to this section shall meet all of
				the following requirements:
1. The deposit
				shall be reasonably related to the probable charge for service, taking into
				account the customer's history regarding payment of utility bills;
2. The amount of a deposit shall be
				calculated at two times the average monthly bill for the previous 12 months;
				and
3. In determining the average
				monthly amount of a bill, there shall be excluded from the average bill any
				amount for which payment is made in advance.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 3 - SERVICE › Section 14:3-3.5 - Return of deposits, interest on deposits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each utility
				shall review a residential customer's account at least once every year and a
				nonresidential customer's account at least once every two years. If this review
				indicates that the customer has met the utility's standard requirements for
				establishing credit, the utility shall refund the customer's deposit.
(b) Upon closing an account, a utility shall
				refund to the customer the balance of any deposit remaining after the closing
				bill for service has been settled, including any interest required under this
				chapter.
(c) If the utility refunds
				a deposit in cash, the utility shall accept either the receipt for the deposit,
				or proof of the customer's identity, as proof of entitlement to the
				deposit.
(d) A utility shall pay
				the customer simple interest on any deposit established under this chapter at a
				rate equal to the average yields on new six-month Treasury Bills for the
				12-month period ending each September 30. Said rate shall become effective on
				January 1 of the year following the 12-month period.
(e) The Board shall perform an annual
				calculation to determine the applicable interest rate for each year and shall
				notify the affected public utilities of the rate. The Board shall provide this
				rate to each utility, which shall post the rate on the utility's
				website.
(f) If a public utility
				holds a customer deposit during time periods during which different interest
				rates apply under (d) above, the utility shall apportion the interest on the
				deposit to reflect the amount of time the deposit was held under each
				rate.
(g) Interest payments on
				customer deposits held to secure residential accounts shall be made to the
				customer at least once during each 12-month period in which a deposit is
				held.
(h) When a utility refunds a
				deposit or pays a customer interest on a deposit under this section, the
				utility shall offer the customer the option of a credit to the customer's
				account or a separate check. In either case, the utility shall provide the full
				refund or payment within one billing period after the review required under (a)
				above is completed (in the case of a deposit under (a) above) or after the
				interest payment is due under (g) above, as applicable, unless other reasonable
				arrangements are made between the customer and the utility.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 3 - SERVICE › Section 14:3-3.6 - Access to customer's premises

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The utility or
				its designated contractor shall have the right of reasonable access to the
				customer's premises, and to all property on the customer's premises, which is
				furnished by the utility, at all reasonable times for the purpose of inspection
				of customer's premises incident to the rendering of service including reading
				meters; inspecting, testing, repairing, or conducting markouts, either itself
				or through its contractor designated to perform said markouts, in compliance
				with the Underground Facility Protection Act,
				N.J.S.A.
				48:2-73 et seq., and N.J.A.C. 14:2, also
				known as the "One-Call rules," of its facilities used in connection with
				supplying the service; or the removal of its property.
(b) The customer shall obtain, or cause to be
				obtained at the customer's cost, all permits needed by the utility for access
				to any of the utility's facilities that are located on the customer's
				premises.
(c) Access to the
				utility's facilities shall not be given except to authorized employees of the
				utility or duly authorized governmental officials.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 3 - SERVICE › Section 14:3-3.7 - Interruptions of service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each utility
				shall exercise reasonable diligence to avoid interruptions, curtailments or
				deficiencies (hereinafter referred to as "interruptions") of service and, when
				such interruptions occur, service shall be restored as promptly as possible
				consistent with safe practice. Utilities shall make reasonable efforts to be
				aware of all service interruptions and to comply with all reporting deadlines
				in this section. If a utility fails to meet the deadlines in this section, the
				burden of proof shall be upon the utility to show good cause for the
				failure.
(b) This section applies
				to service interruptions for any reason, including, but not limited to, an act
				of God, weather condition, natural disaster, attack, catastrophic occurrence,
				accident, strike, legal process, or governmental interference. However, this
				section shall not apply to service interruptions made in accordance with
				provisions in interruptible service contracts between the utility and its
				customers.
(c) Telecommunications
				utilities shall not be subject to (d), (e), and (f) below, but shall instead
				comply with the service interruption provisions in the Board's telephone rules
				at
				N.J.A.C.
				14:10-1A.11.
(d) Thirty-minute interruptions. If a service
				interruption meets one or more of the criteria at (d)1 through 4 below, the
				utility shall report the interruption to the Board no later than 30 minutes
				from the time that the utility becomes aware that service has been interrupted
				for 30 minutes. This subsection shall apply if service is interrupted for 30
				minutes to one or more of the following:
1. A
				group of 10,000 or more customers;
2. A hospital, as defined at
				N.J.A.C.
				8:43G-1.2;
3. An airport that is designated as a class
				I, II, or IV airport under 14 CFR Part 139 , and that holds Airport Operating
				Certification from the Federal Aviation Administration under 14 CFR Part 139 ;
				and/or
4. A subway station or a
				passenger rail system, such that the interruption stops the trains from
				running.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 3 - SERVICE › Section 14:3-3.8 - Service call scheduling

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a service
				call is scheduled for a residential customer, and the customer's presence is
				necessary for the service call, the utility shall inform the customer that it
				may request either a specified time or, at a maximum, a four-hour time block
				during normal business hours, during which the service call will occur. The
				utility may also schedule service calls outside of these hours for the
				convenience of the customer.
(b) If
				the utility is unable to ensure that the service call will occur within the
				four-hour period provided under (a) above, the utility shall inform the
				customer at the earliest possible time, and in no case later than the close of
				business on the business day prior to the scheduled appointment. A utility
				shall not cancel an appointment with a customer after the close of business on
				the business day prior to the scheduled appointment, unless the utility can
				show good cause.
(c) In addition to
				complying with (b) above, the utility shall reschedule the service call within
				24 hours, unless good cause is shown.
(d) For the purposes of this section, good
				cause shall include, but shall not be limited to, situations where the customer
				is unavailable, system emergencies, which may or may not be weather-related,
				where crews are needed for repair or other functions necessary to maintain the
				viability and safety of the utility's operating system or parts thereof, or
				labor actions, which prevent the utility from meeting service call
				schedules.