Article 11.5.  Applications for Exemption from Undergrounding Rules

43.1. (Rule 43.1)  Purpose

The purpose of this article  is to set standards for the filing of applications for exemption from the rules in Decision 80864 (74 CPUC 454) for undergrounding electric and telephone lines.

Note: Authority cited: Section 1701, Public Utilities Code. Reference: Section 320, Public Utilities Code.

43.2. (Rule 43.2)  Other Rules

Applications shall be drafted to comply with Rules 2 through 2.6, 15, 16, and 17.1.

Note: Authority cited: Section 1701, Public Utilities Code. Reference: Section 320, Public Utilities Code.

43.3. (Rule 43.3)  Description of Project

Applications shall contain the following information about the project:

(a) The name of the development or subdivision, if any.

(b) A map showing the location of the project and any related development or subdivision.

(c) A legal description, as recorded, of the subdivision or property to which the lines will be extended.

(d) The length of the line extension proposed.

(e) The names of the public utilities that will provide service via the line extension.

(f) Whether the deviation from underground requirements will be permanent or temporary, and, if temporary, the approximate period such facilities will be in place before permanent underground facilities are constructed.

(g) Whether electric or telephone lines can be installed in joint trenches with water, gas, or sewer lines.

(h) Whether a Master Plan, Preliminary Map, or Tentative Map was filed pursuant to the Subdivision Map Act before May 5, 1970, the date of filing, and the agency in which the document was filed.

(i) The minimum parcel size within the subdivision or development.

(j) Whether deed restrictions allow more than one single-family dwelling or accommodation on each parcel  or any portions of parcels of less than three acres.

Note: Authority cited: Section 1701, Public Utilities Code. Reference: Section 320, Public Utilities Code.

43.4. (Rule 43.4)  Terrain and Environmental Setting

Applications shall contain the following information about the project's terrain and environmental setting:

(a) The information required by Rule 17.1(d) in the Proponent's Environmental Assessment, when the Commission is the lead agency.

(b) Any unusual environmental circumstances which would cause:

(1) Injury or danger to persons.

(2) Landslides, soil erosion, or exposure of trenches.

(3) Widespread, long-term, or permanent destruction of vegetation.

(4) Serious property damage.

(5) Hindrance to other construction or excessive relocation costs in the case of a temporary deviation.

(c) The identity of scenic highways, state or national parks, or any other areas determined by any governmental agency to be of unusual scenic value to the public within 1,000 feet of the proposed overhead lines; a description of the part of the highway, park, or area within 1,000 feet of the line; and a statement whether the lines will be visible from the highway, park, or area.

Note: Authority cited: Section 1701, Public Utilities Code. Reference: Section 320, Public Utilities Code.

43.5. (Rule 43.5)  Estimates of Costs

The application shall include estimates of the costs of undergrounding electric and telephone lines, assuming joint trenching, and of constructing the lines overhead.

Note: Authority cited: Section 1701, Public Utilities Code. Reference: Section 320, Public Utilities Code.

43.6. (Rule 43.6)  Justification

The application shall include a statement of facts justifying exemption from undergrounding rules.

Note: Authority cited: Section 1701, Public Utilities Code. Reference: Section 320, Public Utilities Code.

43.7. (Rule 43.7)  Documentation

The applicant shall attach to the application copies of the following documents:

(a) Environmental Impact Statement, Environmental Impact Report, or Negative Declaration prepared by any public agency having permit authority over the project.

(b) Local ordinances requiring undergrounding.

(c) Local ordinances or land use plans permitting parcels of less than 3 acres.

(d) Local ordinances allowing more than one single-family dwelling or accommodation on each parcel or portion of a parcel of less than 3 acres.

(e) Applications to the utilities for service, all correspondence pertaining to those applications, and a statement whether an agreement to provide overhead service was concluded with the utility before May 5, 1972.

(f) A list of other public agencies (federal, state, regional, county, district, or municipal) from which approval either has been obtained or will be required, and a summary of any action taken by those agencies with respect to the project.

Note: Authority cited: Section 1701, Public Utilities Code. Reference: Section 320, Public Utilities Code.

43.8. (Rule 43.8)  Cross-References

(a) Rule 2 - Form and Size of Tendered Documents.

(b) Rule 2.1 - Title, Caption, and Docket Number.

(c) Rule 2.2 - Signatures.

(d) Rule 2.3 - Service.

(e) Rule 2.4 - Verification.

(f) Rule 2.5 - Copies.

(g) Rule 2.6 - Amendments and Errata.

(h) Rule 15 - Contents of Applications Generally.

(i) Rule 16 - Articles of Incorporation.

(j) Rule 17.1 - Preparation and Submission of Environmental Impact Reports.

(k) P.U. Code Section 320 - Undergrounding Electric and Telephone Lines near Scenic Highways.

Note: Authority cited: Section 1701, Public Utilities Code. Reference: Section 320, Public Utilities Code.