Section 57.86. Exceptions

(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).

Notation

Cross References

This section cited in 52 Pa. Code § 57.19 (relating to line extensions); 52 Pa. Code § 57.88 (relating to subdivisions); 52 Pa. Code § 63.41 (relating to underground telephone service in new residential developments); and 52 Pa. Code § 69.43 (relating to notice lead-time).