N.Y. Comp. Codes R. & Regs. tit. 16 § 230.2

Current through Register Vol. 46, No. 43, October 23, 2024

Section 230.2 - Provision of gas service

(a) Utility obligation to provide gas service. When an application for gas service is made to a gas corporation by the owner or occupant of a building situated on property abutting on or having access to any public right-of-way in which the governmental authority having jurisdiction will permit the corporation to install and maintain facilities, the corporation shall render the service requested in accordance with the provisions of this Part. If due to unusual circumstances the actual cost per foot of a particular installation is greater than two times the corporation's average cost per foot of new installations for service for the 12 months ended September 30th of the previous year, it may apply to the commission for relief from so much of this Part as it deems necessary in order to provide the service.

(b) Obligations of all applicants. An applicant shall first have:

(1) assured the corporation that he/she will be a reasonably permanent customer;

(2) agreed in writing to pay to the corporation:

(i) the material and installation costs relating to any portion of the service line, service connections and appurtenant facilities located on his/her property that exceeds the portion which the corporation is required to install without charge;

(ii) any surcharge relating to the portion of the main and appurtenant facilities that exceeds the portion which the corporation is required to install without charge; and

(iii) the rates charged like customers; and

(3) Furnished reasonable security as to the performance of his/her agreement, if required to do so by the corporation.

(c) Residential applicant--nonheating. If an applicant requests residential nonheating service, the gas corporation shall furnish, place and construct all mains, service lines, service connections and appurtenant facilities necessary to render the service requested. The cost and expense which the corporation must bear shall include:

(1) the material and installation costs relating to up to 100 feet of main, service line measured from the centerline of the public right-of-way (or the main if it is closer to the customer and development will be limited to one side of the right-of-way for at least 10 years), service connections and appurtenant facilities, but not less than 100 feet of main (if necessary) plus the length of service line necessary to reach the edge of the public right-of-way; and

(2) the amounts paid to governmental authorities for permits to do the work required and all paving charges that are legally imposed by any governmental authority for the repair or replacement of any street or sidewalk disturbed in the course of such installation.

(d) Residential applicant--heating. If an applicant requests residential heating service, the corporation shall furnish, place and construct all mains, service lines, service connections and appurtenant facilities necessary to render the service requested. The cost and expense which the corporation must bear shall include:

(1) the material and installation costs relating to:

(i) up to 100 feet of main and appurtenant facilities; and

(ii) up to 100 feet of service line measured from the centerline of the public right-of-way (or the main if it is closer to the customer and development will be limited to one side of the right-of-way for at least 10 years), service connections and appurtenant facilities; but not less than the length of service line necessary to reach the edge of the public right-of-way; and

(2) the amounts legally imposed by governmental authorities for obtaining required work permits and for repairing or replacing disturbed pavement.

(e) Nonresidential applicant. If an applicant which will be a firm, nondual-fuel customer requests service other than residential service, the corporation shall furnish, place and construct all mains, service lines, service connections and appurtenant facilities necessary to render the service requested. The cost and expense which the corporation must bear shall include:

(1) the material and installation costs relating to:

(i) up to 100 feet of main and appurtenant facilities; and

(ii) any service line, service connections and appurtenant facilities located in the public right-of-way; and

(2) the amounts legally imposed by governmental authorities for obtaining required work permits and for repairing or replacing disturbed pavement.

(f) Matters reserved for utilities' tariffs. This section sets forth the minimum obligations of gas corporations with respect to the facilities required to be provided without charge to applicants for residential service and firm, nondual-fuel nonresidential service. Each corporation may, in its tariff schedules, extend such obligation, to the extent the provision of additional facilities without charge is cost-justified. Each corporation's obligations with respect to applicants for interruptible or dual-fuel nonresidential service shall be governed by tariffs approved by the commission.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 230.2