Current through Register Vol. 54, No. 38, September 21, 2024
An entity's pro forma tariff or tariff supplement
containing proposed changes necessary to implement the entity's DWSL program
must address at a minimum:
(a)
DWSL program annual cap. An entity's pro forma tariff or
tariff supplement must include a cap on the number of DWSL replacements that
can be completed annually.
(b)
Service line demarcation.
(1) An entity's pro forma tariff or tariff
supplement must include a definition for customer's service lateral for
purposes of the entity's DWSL program that is consistent with §
66.32 (relating to
definitions).
(2) An entity shall
perfect its ownership of the portion of the service lateral located within the
then-existing right-of-way in conformance with its Commission-approved tariff
to ensure that the entity can obtain necessary permits to complete work within
the public right-of-way in the future.
(c)
Frequency of DWSL
replacements. An entity's pro forma tariff or tariff supplement must
include a restriction where the entity may not complete more than one DWSL
replacement for a customer at a property that previously received a DWSL
replacement for a length of time equal to the lesser of the average service
life for DWSL replacements established in the entity's most recent base rate
case or the average service life for Account No. 363-Services to Customers in
the entity's most recent Service Life Study filed with the Commission under
§
73.5 (relating to service life
study report).
(d)
Reimbursements. An entity shall provide a reimbursement to an
eligible customer or property owner, if the customer is not the property owner,
who completed a DWSL replacement within 1 year before or from DWSL project
commencement.
(1) An entity's pro forma
tariff or tariff supplement must include language explaining its reimbursement
terms and conditions, which shall contain, at a minimum:
(i) An explanation of the entity's method for
determining the amount of reimbursement, including any restrictions on
reimbursements.
(ii) An explanation
of the entity's reimbursement methods, including the forms of payment to be
used by the entity to distribute reimbursements and the length of time by which
the utility will issue a reimbursement for an eligible reimbursement
request.
(iii) An explanation of
the entity's method for determining eligibility, providing that:
(A) A customer or property owner, if the
customer is not the property owner, located within a DWSL project area is
eligible for a reimbursement of DWSL replacement expenses up to 125% of the
average cost the entity would have incurred to perform a DWSL replacement of a
similarly-sized customer service lateral, not to exceed the actual
cost.
(B) A customer or property
owner, if the customer is not the property owner, shall submit to the entity a
detailed estimate and paid invoice from a licensed contractor where applicable,
verifying the completion of a DWSL replacement. Instead of a detailed estimate,
a verified statement from a licensed contractor attesting to completion of a
DWSL replacement may be sufficient.
(2) Notwithstanding the DWSL program annual
cap in subsection (a), an entity must provide a reimbursement to an eligible
customer or property owner, if the customer is not the property owner, within
the length of established under subsection (d)(1)(ii). If the reimbursement
would cause the entity to exceed its annual cap under subsection (a), the
entity must increase its current annual cap by the amount of the reimbursement
and decrease its next annual cap by this amount.
(3) An entity shall make reasonable best
efforts to assist a customer or property owner, if the customer is not the
property owner, through the reimbursement process and, to the extent possible,
make determinations in favor of the customer or property owner where the
customer or property owner has provided reasonable evidence of a DWSL
replacement to the entity.
(e)
Warranty. An entity's
pro forma tariff or tariff supplement must provide a warranty on DWSL
replacement work performed by the entity or its contractor of a term of not
less than 2 years. The entity's warranty provisions must:
(1) Define the start date of the 2-year
term.
(2) Ensure that the materials
and workmanship of the DWSL replacement and restoration of surfaces are
covered.
(3) Define the maximum
coverage amounts under the warranty.
(4) Explain any liability an entity will have
for damages not covered by the warranty.
(5) Ensure entity access to the property to
correct any deficiencies.
This section cited in 52 Pa. Code §
66.35 (relating to DWSL program
requirements).
