Subchapter H. UNDERGROUND ELECTRICAL SERVICE IN NEW RESIDENTIAL DEVELOPMENTS

§ 57.81. Definitions.

 The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

   Applicant for electric service—The developer of a recorded plot plan consisting of five or more lots, or of one or more five unit apartment houses.

   Developer—The party responsible for constructing and providing im- provements in a development, that is, streets, sidewalks and utility-ready lots.

   Development—A planned project which is developed by a developer/applicant for electric service set out in a recorded plot plan of five or more adjoining unoccupied lots for the construction of single-family residences, detached or otherwise, mobile homes or apartment houses, all of which are intended for year-around occupancy, if electric service to the lots necessitates extending the utility’s existing distribution lines.

   Distribution line—An electric supply line of untransformed voltage from which energy is delivered to one or more service lines.

   Service line—An electric supply line of untransformed voltage from which service is delivered to the residence.

   Subdivider—The party responsible for dividing a tract of land into building lots which are not to be sold as utility-ready lots.

   Subdivision—A tract of land divided by a subdivider into five or more adjoining unoccupied lots for the construction of single-family residences, detached or otherwise or apartment houses, all of which are intended for year-around occupancy, if electric service to the lots necessitates extending the utility’s existing distribution lines.

   The provisions of this §  57.81 adopted March 4, 1977, effective March 5, 1977, 7 Pa.B. 577; amended June 29, 1984, effective June 30, 1984, 14 Pa.B. 2280. Immediately preceding text appears at serial page (80638).

 (a)  Distribution and service lines installed under an application for electric service within a development shall be installed underground, shall conform to the utility’s construction standards, §  57.26 (relating to construction and maintenance of facilities), the specifications set forth in the National Electric Safety Code (NESC), and shall be owned and maintained by the utility. Pad-mounted transformers may be installed as a utility construction standard. Excavating and backfilling shall be performed by the developer of the project or by another agent the developer may authorize. Installation of service-related utility facilities shall be performed by the utility or by another agent the utility may authorize. Street-lighting lines installed then or thereafter within the same development shall also be installed underground, upon terms and conditions prescribed elsewhere in each utility’s tariff. The utility is not liable for injury or damage occasioned by the willful or negligent excavation, breakage or other interference with its underground lines occasioned by anyone other than its own employes or agents.

 (b)  Nothing in this section shall prohibit a utility from performing its own excavating and backfilling for greater system design flexibility. No charges other than those specified in §  57.83(4) (relating to applicants for electric service) shall be permitted.

   The provisions of this §  57.82 adopted March 4, 1977, effective March 5, 1977, 7 Pa.B. 577; amended June 29, 1984, effective June 30, 1984, 14 Pa.B. 2230. Immediately preceding text appears at serial page (80639).

 The applicant for electric service to a development shall conform with the following:

   (1)  At its own cost, provide the utility with a copy of the recorded development plot plan identifying property boundaries, and with easements satisfactory to the utility for occupancy by distribution, service and street-lighting lines and related facilities.

   (2)  At its own cost, clear the ground in which the lines and related facilities are to be laid of trees, stumps and other obstructions, provide the excavating and backfilling subject to the inspection and approval of the utility, and rough grade it to within 6 inches of final grade, so that the utility’s part of the installation shall consist only of laying of the lines and installing other service-related facilities. Excavating and backfilling performed or provided by the applicant shall follow the utility’s underground construction standards and specifications set forth by the utility in written form and presented to the applicant at the time of application for service and presentation of the recorded plot plan to the utility. If the utility’s specifications have not been met by the applicant’s excavating and backfilling, the excavating and backfilling shall be corrected or redone by the applicant or its authorized agent. Failure to comply with the utility’s construction standards and specifications permits the utility to refuse utility service until the standards and specifications are met.

   (3)  Request electric service at such time that the lines may be installed before curbs, pavements and sidewalks are laid; carefully coordinate scheduling of the utility’s line and facility installation with the general project construction schedule, including coordination with other utilities sharing the same trench; keep the route of lines clear of machinery and other obstructions when the line installation crew is scheduled to appear; and otherwise cooperate with the utility to avoid unnecessary costs and delay.

   (4)  Pay to the utility necessary and additional costs incurred by the utility as a result of the following:

     (i)   Installation of underground facilities that deviate from the utility’s underground construction standards and specifications if the deviation is requested by the applicant for electric service and is acceptable to the utility.

     (ii)   A change in the plot plan by the applicant for electric service after the utility has completed engineering for the project or has commenced installation of its facilities.

     (iii)   Physical characteristics, such as oversized lots or lots with extreme setback where under the utility’s line extension policy contained in its tariff a charge is mandated for overhead service.

   (5)  No charges other than those described in paragraph (4) shall be borne by the applicant for electric service or by another utility sharing the same trench, even if the electric utility elects to perform its own excavating and backfilling.

   The provisions of this §  57.83 adopted March 4, 1977, effective March 5, 1977, 7 Pa.B. 577; amended June 29, 1984, effective June 30, 1984, 14 Pa.B. 2250. Immediately preceding text appears at serial pages (80639) to (80641).

 Whenever the distance from the end of the utility’s existing distribution line to the boundary of the development is 100 feet or more, the 100 feet of new distribution line nearest to but outside the boundary shall be installed underground if practicable; and whenever the distance is less than 100 feet from the boundary, all of the new distribution line nearest to but outside the boundary shall be installed underground if practicable. The installation required by this section shall be provided by the utility, without cost to the applicant.

   The provisions of this §  57.84 adopted March 4, 1977, effective March 5, 1977, 7 Pa.B. 577.

   Public Utility Commission Has Exclusive Jurisdiction to Determine Installation of Electric Distribution Line

   Township did not have the power to order underground installation of a main feeder electric distribution line; Public Utility Commission has exclusive jurisdiction to determine, in the context of a municipality’s redevelopment project, matters related to the design, location, installation, and maintenance of public utility facilities, and any other determination would clearly signal the end of unified utility regulation within the Commonwealth. Pennsylvania Power Co. v. Township of Pine, 926 A.2d 1241, 1252, (Pa. Cmwlth. 2007)

 Public utilities furnishing electric service to the public shall file their underground construction, specification standards and revisions thereto with the Commission’s Bureau of Fixed Utility Services. These standards shall be filed within 20 working days from their date of adoption or revision.

   The provisions of this §  57.85 adopted March 4, 1977, effective March 5, 1977, 7 Pa.B. 577; amended June 29, 1984, effective June 30, 1984, 14 Pa.B. 2250; amended May 21, 1999, effective May 22, 1999, 29 Pa.B. 2667. Immediately preceding text appears at serial pages (213699) to (213700).

 (a)  Request for exception.

   (1)  Whenever a public utility or an affected person believes that the application of the requirements in §  57.83 (relating to applicants for electric service) works an undue hardship, involves a physical impossibility, or is otherwise inappropriate, the utility or persons may request an exception from the underground requirements by providing the Commission with the following:

     (i)   A copy of the recorded plot plan of the development for which the exception is sought.

     (ii)   A petition setting forth:

       (A)   The name of the applicant.

       (B)   The location and the size of the development involved.

       (C)   The names of the electric utility and telephone utility which will provide service to the development.

       (D)   The date on which the construction began or will begin; whether the development is a new development or one phase in a development to be completed in several phases; and whether facilities in the area surrounding the development have been installed underground or overhead.

   (2)  The petition shall comply with the Commission regulations governing petitions in §  5.41 (relating to petitions generally).

 (b)  Additional requirement of petitioner. At the same time that the petition is filed with the Commission, a copy of the petition shall be mailed to the appropriate local government authorities, and to other affected persons and utilities by the person requesting the exception. The Commission will issue a decision on the petition within 180 days of the date of its filing, if sufficient data upon which the exception can be granted has been provided in the petition.

 (c)  Grant of exception. If an exception request initiated by an applicant for electric service is granted, and the applicant thereafter desires underground electric service, this subchapter applies as if no exception has been granted.

   The provisions of this §  57.86 adopted March 4, 1977, effective March 5, 1977, 7 Pa.B. 577; amended June 29, 1984, effective June 30, 1984, 14 Pa.B. 2250; amended May 21, 1999, effective May 22, 1999, 29 Pa.B. 2667. Immediately preceding text appears at serial pages (213700) to (213701).

 This chapter applies to applications for service to developments which are filed after June 30, 1984.

   The provisions of this §  57.87 adopted March 4, 1977, effective March 5, 1977, 7 Pa.B. 577; amended June 29, 1984, effective June 30, 1984, 14 Pa.B. 2250. Immediately preceding text appears at (80643).

 Underground facilities in new residential developments are only required by § §  57.81—57.87 (relating to underground electrical service in new residential developments) when a bona fide developer exists, that is, only when utility-ready lots are provided by the developer. A mere subdivision is not required to have underground service. Should the lot owner or owners in a subdivision desire underground service, the service shall be provided by the utility if the lot owner, at his option, either complies with §  57.83 (relating to applicants for electric service) or pays to the utility charges that are contained in the utility’s tariff for underground electric service not required by this title.

   The provisions of this §  57.88 adopted June 29, 1984, effective June 30, 1984, 14 Pa.B. 2250.