4. Pacific's Tariffs

Pacific's witnesses testified that a customer's request to replace a structure to which above-ground wiring is attached is governed by Pacific's Tariff Rule 16 (Exhibit 16). A customer's request to convert above-ground wiring to underground is governed by Pacific's Tariff Rule 32 (Exhibit 13).

Tariff Rule 16 (or A2.1.16) states in pertinent part:

"A. SERVICE CONNECTION FACILITIES (Cont'd)

"3. Aerial Service Connection Facilities (Cont'd)

"c. Applicant or customer will provide and maintain a suitable point of attachment on the building housing the premises served to give clearance between the service connection wire or cable and ground and other objects as required by applicable laws, ordinances, rules or regulations of public authorities."

Tariff Rule 32 (or A2.1.32.) states in pertinent part:

"2.1.32 RULE NO. 32 - FACILITIES TO PROVIDE REPLACEMENT OF AERIAL WITH UNDERGROUND FACILITIES (Cont'd)

"A. REPLACEMENT OF AERIAL WITH UNDERGROUND FACILITIES (Cont'd)

...

"3. At the Request of Individual Applicants.

"In circumstances other than those covered by 1. or 2. preceding [requests of government agencies or groups of applicants], where mutually agreed upon by the Utility and an applicant, aerial facilities may be replaced with underground facilities, provided the applicant requesting the change pays, in advance, a nonrefundable sum equal to the estimated cost of construction less the estimated net salvage value of the replaced aerial facilities." (Footnote omitted.)

In other words, according to Pacific, if cable is on the ground because the fence that supported it was removed or had deteriorated, it would be the property owner's responsibility under Tariff Rule 16 to repair and provide the fence, and Pacific would re-install its lines on the fence. However, if an owner wants the entire above-ground facility converted to underground, then that work would be subject to Tariff Rule 32, and the applicant would be responsible for the cost of construction, less any salvage value of the removed structure.