Section 407-65-6 - MISCELLANEOUS PROVISIONSA. Contribution in Aid of Construction. Nothing herein contained shall prevent a utility from accepting non-refundable donations or contributions for extensions either in cash or construction participation.B.Utility Investment in Deep Extensions to Serve Areas Previously Served by Surface Mains. The Utility shall invest in a "deep" main extension replacing a surface main in the manner provided by this rule. However, the utility's depreciated investment in the surface main shall be deducted from the investment in the "deep" main otherwise required.C.Surface Mains. A utility shall not be required to make an investment to further extend a surface main.D.Resolution of Disputes and Commission Review. In the case of any disagreement or dispute regarding the application of any provision of this rules, any person may refer the matter to the Commission for resolution. The matter will be treated as an informal complaint submitted for staff resolution under section 8(B) of Chapter 11 of the Commission's Rules, Rules of Practice and Procedure, 65-407 C.M.R. 11, §8(B). If a party is not satisfied with the staff's resolution, it must file a written request for Commission review within 5 business days following the issuance of the resolution by the staff. Failure to file a timely request for review of the Staff's resolution shall constitute acceptance of the resolution and waiver of further opportunity to be heard with respect to the matter. A receipt of a request for review shall be treated as a request for investigation pursuant to 35 M.R.S.A. §296. A summary investigation shall be conducted, after which the Commission shall determine whether a formal investigation is warranted. If it decides to commence a formal investigation, the Commission shall determine the mater de novo and may affirm, reverse or modify the staff decision. If the Commission decides not to commence a formal investigation, failure to act in accordance with the staff resolution shall constitute grounds to commence a formal investigation pursuant to §296 and the initiation of a proceeding to issue a temporary order pursuant to 35 M.R.S.A. §293.
E.Exemptions. A utility or any person affected by this rule may apply to the Commission for exemption from any provision of this chapter for good cause. The request shall contain a complete explanation and justification for the exemption.F.Application of Old Investment Amount to Existing Main Extensions for Two-Year Period; Application of New Investment Amount Thereafter; Exception. The investment amount as calculated pursuant to this rule, as amended May 7, 1986 or as further amended January 8, 1987, shall apply (1) to all investments made in those line extensions for which a main extension contract was executed on or after May 7, 1986; and (2), except as provided below, to all investments which the utility incurs the obligation to make on or after May 7, 1988 in all main extensions, including main extensions for which a main extension contract was incorporating the former rule to the contrary. The obligation to make an investment is incurred at the time a permanent customer is connected. If, on a line extension for which a main extension contract was executed prior to May 7, 1986, an individual or developer sold a piece of property or contracted to sell a piece of property prior to that date and a customer is connected subsequently, the rebate (investment) amount shall be calculated as provided in this rule prior to the May 7, 1986 amendments.
No investments or rebates made or owed prior to the amendments effective May 7, 1986 shall be adjusted.
G.Notice to Commission by Utility Choosing Not to Invest. If, pursuant to 35 M.R.S.A. §72-A(1), a non- investor owned utility has chosen to make no investment in water main extensions, it shall notify the Commission in writing of the date of that decision and shall include the minutes or other record thereof, including any endorsement required by 35 M.R.S.A. §72-A(4).H.Form Contracts. The forms for contacts between water utilities and individuals and water utilities and developers for water main extensions and service lines, attached to this rule as Forms A and B, may be used for contracts required by this chapter and may be adapted for other circumstances arising under this chapter. A utility may use contracts with wording different from that provided herein, provided that the wording complies with the specific requirements for contracts required by this rule and is otherwise consistent with the rule. (APA Office Note: please contact the Public Utilities Commissions for applicable forms.
65- 407 C.M.R. ch. 65, § 6