Current through Reg. 50, No. 13; March 28, 2025
(a) Except as
provided for in subsection (e) of this section, every retail public utility
shall serve each qualified service applicant within its certificated area as
soon as is practical after receiving a completed application. A qualified
service applicant is an applicant who has met all of the retail public
utility's requirements contained in its tariff, schedule of rates, or service
policies and regulations for extension of service including the delivery to the
retail public utility of any service connection inspection certificates
required by law.
(1) Where a new service tap
is required, the retail public utility may require that the property owner make
the request for the tap to be installed.
(2) Upon request for service by a service
applicant, the retail public utility shall make available and accept a
completed written application for service.
(3) Except for good cause, at a location
where service has previously been provided the utility must reconnect service
within one working day after the applicant has submitted a completed
application for service and met any other requirements in the utility's
approved tariff.
(4) A request for
service that requires a tap but does not require line extensions, construction,
or new facilities shall be filled within five working days after a completed
service application has been accepted.
(5) If construction is required to fill the
order and if it cannot be completed within 30 days, the retail public utility
shall provide a written explanation of the construction required and an
expected date of service.
(b) Except for good cause shown, the failure
to provide service within 30 days of an expected date or within 180 days of the
date a completed application was accepted from a qualified applicant may
constitute refusal to serve, and may result in the assessment of administrative
penalties or revocation of the certificate of convenience and necessity or the
granting of a certificate to another retail public utility to serve the
applicant.
(c) The cost of
extension and any construction cost options such as rebates to the customer,
sharing of construction costs between the utility and the customer, or sharing
of costs between the customer and other applicants shall be provided to the
customer in writing upon assessment of the costs of necessary line work, but
before construction begins. Also see §
24.153(a)(1) of
this title (relating to Customer Relations).
(d) Easements.
(1) Where recorded public utility easements
on the service applicant's property do not exist or public road right-of-way
easements are not available to access the property of a service applicant, the
public utility may require the service applicant or land owner to grant a
permanent recorded public utility easement dedicated to the public utility
which will provide a reasonable right of access and use to allow the public
utility to construct, install, maintain, inspect and test water and/or sewer
facilities necessary to serve that applicant.
(2) As a condition of service to a new
subdivision, public utilities may require developers to provide permanent
recorded public utility easements to and throughout the subdivision sufficient
to construct, install, maintain, inspect, and test water and/or sewer
facilities necessary to serve the subdivision's anticipated service demands
upon full occupancy.
(3) A district
or water supply corporation may require an applicant for service to grant an
easement as allowed under applicable law.
(e) Service Extensions by a Water Supply or
Sewer Service Corporation or Special Utility District.
(1) A water supply or sewer service
corporation or a special utility district organized under Chapter 65 of the
code is not required to extend retail water or sewer utility service to a
service applicant in a subdivision within its certificated area if it documents
that:
(A) the developer of the subdivision
has failed to comply with the subdivision service extension policy as set forth
in the tariff of the corporation or the policies of the special utility
district; and
(B) the service
applicant purchased the property after the corporation or special utility
district gave notice of its rules which are applicable to service to
subdivisions in accordance with the notice requirements in this
subsection.
(2)
Publication of notice, in substantial compliance with the form notice in
Appendix A, in a newspaper of general circulation in each county in which the
corporation or special utility district is certificated for utility service of
the requirement to comply with the subdivision service extension policy
constitutes notice under this subsection. The notice must be published once a
week for two consecutive weeks on a biennial basis and must contain information
describing the subdivision service extension policy of the corporation or
special utility district. The corporation or special utility district must be
able to provide proof of publication through an affidavit of the publisher of
the newspaper that specifies each county in which the newspaper is generally
circulated:
Attached
Graphic
(3) As an
alternative to publication of notice, a corporation or special utility district
may demonstrate by any reasonable means that a developer has been notified of
the requirement to comply with the subdivision service extension policy,
including:
(A) an agreement executed by the
developer;
(B) correspondence with
the developer that sets forth the subdivision service extension policy;
or
(C) any other documentation that
reasonably establishes that the developer should be aware of the subdivision
service extension policy.
(4) For purposes of this subsection:
(A) "Developer" means a person who subdivides
land or requests more than two water or sewer service connections on a single
contiguous tract of land.
(B)
"Service applicant" means a person, other than a developer, who applies for
water or sewer utility service.
