NAC: CHAPTER 704A - FACILITIES PLACED UNDERGROUND

[Rev. 11/22/2013 10:42:21 AM--2013]

[NAC-704A Revised Date: 12-04]

CHAPTER 704A - FACILITIES PLACED UNDERGROUND

SYSTEMS OF ELECTRIC DISTRIBUTION

704A.010 Definitions.

704A.020 “Applicant” defined.

704A.030 “Building” defined.

704A.040 “Cable” defined.

704A.050 “Commission” defined.

704A.060 “Conduit” and “duct” defined.

704A.065 “Development” defined.

704A.070 “Direct burial” defined.

704A.080 “Lot front footage” defined.

704A.090 “National Electric Safety Code” defined.

704A.110 “Utility” defined.

704A.200 Applicability; exception.

704A.210 Cooperation.

704A.220 Easements.

704A.230 Design of system.

704A.240 Advances before construction.

704A.250 Refunds of advances.

704A.260 Extension of lines to development.

704A.270 Ownership and maintenance of facilities.

704A.280 Responsibility of utility and applicant for installation.

704A.290 Trenches.

704A.300 Conduits and preassembled cable in conduits.

704A.310 Duplication of lines prohibited.

704A.320 Exceptions for special circumstances.

TELEPHONE FACILITIES

704A.350 Definitions.

704A.360 “Cable” defined.

704A.370 “Commission” defined.

704A.380 “Conduit” defined.

704A.390 “Developer” defined.

704A.400 “Development” defined.

704A.410 “Direct burial” defined.

704A.420 “Dwelling” defined.

704A.430 Applicability.

704A.440 Extension of facilities to development; preliminary plans and estimates.

704A.450 Placing of facilities; rights-of-way and easements.

704A.460 Information furnished by developer; advances; schedule of construction.

704A.470 Selection of material used in construction.

704A.480 Trenching.

704A.490 Joint trenches and separate trenches.

704A.500 Direct burial; conduits.

704A.510 Responsibility for construction; ownership and maintenance.

704A.520 Advance of portion of estimated costs.

704A.530 Additional advances.

704A.540 Interest on refundable advance.

704A.550 Refunds of advances.

704A.560 Records.

704A.570 Waivers.

MISCELLANEOUS PROVISIONS

704A.600 Burial of nonconductive subsurface installations.

SYSTEMS OF ELECTRIC DISTRIBUTION

NAC 704A.010 Definitions. (NRS 703.025, 704.260, 704.280, 704A.300) As used in NAC 704A.020 to 704A.320, inclusive, unless the context otherwise requires, the words and terms defined in NAC 704A.020 to 704A.110, inclusive, have the meanings ascribed to them in those sections.

(Supplied in codification; A by Pub. Service Comm’n, 3-15-84)

NAC 704A.020 “Applicant” defined. (NRS 703.025, 704.260, 704.280, 704A.300) “Applicant” means an owner, developer, builder or other natural person, a partnership, association, firm or corporation or a governmental agency applying for permission to extend an underground system of electric distribution to and within a new residential development.

[Pub. Service Comm’n, Gen. Order 9 part Rule B, eff. 11-1-69]—(NAC A 3-15-84)

NAC 704A.030 “Building” defined. (NRS 703.025, 704.260, 704.280, 704A.300) “Building” means a structure enclosed within exterior walls or fire walls, which is built, erected and framed of component structural parts and designed for single family or multiple occupancy.

[Pub. Service Comm’n, Gen. Order 9 part Rule B, eff. 11-1-69]

NAC 704A.040 “Cable” defined. (NRS 703.025, 704.260, 704.280, 704A.300) “Cable” means either a stranded conductor (single-conductor cable) or a combination of conductors insulated from one another (multiple-conductor cable).

[Pub. Service Comm’n, Gen. Order 9 part Rule B, eff. 11-1-69]

NAC 704A.050 “Commission” defined. (NRS 703.025, 704.260, 704.280, 704A.300) “Commission” means the Public Utilities Commission of Nevada.

[Pub. Service Comm’n, Gen. Order 9 part Rule B, eff. 11-1-69]

NAC 704A.060 “Conduit” and “duct” defined. (NRS 703.025, 704.260, 704.280, 704A.300) “Conduit” or “duct” means a tubular runway for underground cables.

[Pub. Service Comm’n, Gen. Order 9 part Rule B, eff. 11-1-69]

NAC 704A.065 “Development” defined. (NRS 703.025, 704.260, 704.280, 704A.300) “Development” means:

1. A tract of land whose development has been approved by the appropriate local government and which has been divided into lots as sites for the construction of new residential buildings; or

2. Land on which are constructed new buildings for multiple occupancy.

(Added to NAC by Pub. Service Comm’n, eff. 3-15-84)

NAC 704A.070 “Direct burial” defined. (NRS 703.025, 704.260, 704.280, 704A.300) “Direct burial” means the installation of cables or conductors directly in the earth and not in a conduit or duct.

[Pub. Service Comm’n, Gen. Order 9 part Rule B, eff. 11-1-69]

NAC 704A.080 “Lot front footage” defined. (NRS 703.025, 704.260, 704.280, 704A.300) “Lot front footage” means the sum of the street-front footage of all lots within the residential subdivision or tract, subject to the following qualifications:

1. One-half of the total lot frontage on both streets will be used where a lot is bounded by intersecting streets; and

2. One-half of the total lot frontage (front, side or sides and back, if any) on streets will be used for recreational, school and other public use sites.

[Pub. Service Comm’n, Gen. Order 9 part Rule B, eff. 11-1-69]

NAC 704A.090 “National Electric Safety Code” defined. (NRS 703.025, 704.260, 704.280, 704A.300) “National Electric Safety Code” means a compilation of safety rules for the installation and maintenance of electric supply and communication lines as published by the United States Department of Commerce, National Bureau of Standards. The National Electric Safety Code must be referred to for any definitions not specifically set forth in NAC 704A.020 to 704A.110, inclusive.

[Pub. Service Comm’n, Gen. Order 9 part Rule B, eff. 11-1-69]

NAC 704A.110 “Utility” defined. (NRS 703.025, 704.260, 704.280, 704A.300) “Utility” means an electric company as described in NRS 704.020.

[Pub. Service Comm’n, Gen. Order 9 part Rule B, eff. 11-1-69]—(NAC A 3-15-84)

NAC 704A.200 Applicability; exception. (NRS 703.025, 704.260, 704.280, 704A.300)

1. Except as otherwise provided in subsection 2, NAC 704A.010 to 704A.320, inclusive, apply to any extension of electric distribution lines for which an application to the utility is made after November 1, 1969, and which is necessary to furnish permanent electric service to and within a new residential development where underground construction of the facility is required by:

(a) A local ordinance or regulation or by NAC 704A.020 to 704A.320, inclusive; or

(b) An agreement between the utility and the applicant.

2. If the Public Utilities Commission of Nevada approves a tariff filed by a utility which relates to the provision of permanent electric service to and within a new residential development where underground construction is required, the provisions of NAC 704A.020 to 704A.320, inclusive, do not apply to the utility for the extension of electric distribution lines to which the tariff applies.

[Pub. Service Comm’n, Gen. Order 9 Rule A, eff. 11-1-69]—(NAC A 3-15-84; 4-28-94)

NAC 704A.210 Cooperation. (NRS 703.025, 704.260, 704.280, 704A.300) Upon receipt by the utility of a proper application for the installation of an underground system of electric distribution, the utility and the applicant shall cooperate with each other so that no undue burden will be borne by either.

[Pub. Service Comm’n, Gen. Order 9 Rule L, eff. 11-1-69]—(NAC A 3-15-84)

NAC 704A.220 Easements. (NRS 703.025, 704.260, 704.280, 704A.300)

1. Within the applicant’s development, the utility owns and shall operate and maintain all underground distribution lines along public streets, roads and highways which it has the legal right to occupy, and the applicant shall provide the utility with easements across public lands and private property satisfactory for the construction of the underground facilities.

2. Within a reasonable time to meet the requirements for the service, the applicant shall furnish easements across public lands and private property to the extent they are necessary for placing the facilities underground, and such easements must be furnished by the applicant at no cost to the utility.

3. Within a new residential development, all main ( primary and secondary) lines, whether installed by direct burial or in a conduit, must be placed in a joint trench which is to be located in the public way or street and follow a route designated by the appropriate local governmental body or bodies. All service lines and equipment from the secondary distribution or street main to the premises served must be placed in a joint trench, and this joint trench, while crossing the public way or street, must be located therein, but in all other cases the joint trench must be located in an easement on private property. Those main ( primary and secondary) lines which fall within the 100-foot allowance provided for in NAC 704A.240 and which lead to a new residential development must be installed underground, either by direct burial or in a conduit in the public way or street or in an easement on private property, whichever provides the most direct but economically feasible route from the nearest line or source of sufficient capacity.

[Pub. Service Comm’n, Gen. Order 9 Rule C, eff. 11-1-69]—(NAC A 3-15-84)

NAC 704A.230 Design of system. (NRS 703.025, 704.260, 704.280, 704A.300)

1. The engineering and design for the underground system to be installed represents part of the cost to the utility for which an advance can be required under NAC 704A.240, and the engineering and design work involved is the utility’s responsibility. The utility may select the size, type and quality of all materials to be used, but any oversizing, in terms of the load or service requirements of the subdivision, may, upon the applicant’s written submittal of all pertinent information, be disallowed by the Commission as part of the cost for which an advance can be required under NAC 704A.240.

2. All materials, equipment and supplies selected by the utility, and the installation thereof, must comply with the minimum construction standards set forth in the National Electric Safety Code.

[Pub. Service Comm’n, Gen. Order 9 Rule D, eff. 11-1-69]

NAC 704A.240 Advances before construction. (NRS 703.025, 704.260, 704.280, 704A.300)

1. Before the commencement of construction, the utility shall require the applicant to advance in cash 50 percent of the utility’s estimated cost of furnishing and installing the underground facilities, if:

(a) The average lot within the new residential development, as calculated in accordance with NAC 704A.080, does not exceed 75 feet; and

(b) The underground extension to the development, as calculated in accordance with NAC 704A.260, does not exceed 100 feet.

Ê The cash advance must be refunded pursuant to the terms and conditions of NAC 704A.250.

2. If the average footage of the lots within the new residential development exceeds 75 feet, or the underground extension to it exceeds 100 feet, the utility shall require the additional cost attributable to any footage in excess of the 75-foot and 100-foot allowances to be advanced in cash by the applicant before the commencement of construction. This advance must be accounted for as a nonrefundable contribution in aid of construction. Any portion of the contribution attributable to footage in excess of the 100-foot allowance must be based upon the distance by the most direct route between the nearest line or source of sufficient capacity and the closest boundary of the development.

3. The utility shall make available for the applicant’s inspection the utility’s estimated allocation of general and administrative costs and an itemized breakdown of the utility’s estimated labor and material costs relative to each new residential development. After the underground installation of any of its facilities in a new residential development, the utility shall keep on file a record relative to the development which sets forth the allocated general and administrative costs, together with an itemized breakdown of the utility’s actual labor and material costs. The record must be kept on file for 3 years after the date on which the utility obtains approval of its underground construction and installation plans from a public authority, and during the 3-year period the record must be available for inspection by the applicant.

4. The utility shall pay the applicant interest for the first 6 months on the refundable cash advance held by the utility pursuant to subsection 1. The utility has no obligation to pay interest to the applicant on any other cash advance, whether it is refundable or nonrefundable. The interest rate payable for the first 6 months must be at an annual rate equal to the lowest interest rate then available to the particular utility on a borrowing of 1 year or less from a commercial bank.

[Pub. Service Comm’n, Gen. Order 9 Rule J, eff. 11-1-69]—(NAC A 3-15-84)

NAC 704A.250 Refunds of advances. (NRS 703.025, 704.260, 704.280, 704A.300)

1. The utility and the applicant shall determine the number of lots and units of apartment houses being permanently served by the utility within the residential development in question, and if, within 6 months after the date on which a refundable cash advance is paid pursuant to NAC 704A.240, the number equals or exceeds 90 percent of the total number of lots and units of apartment houses designed for residential occupancy, the utility shall refund all of the cash advance paid, with interest as provided for in subsection 4 of NAC 704A.240. The refund must be made within 15 days from the expiration of the 6-month period.

2. If, within 1 year after the date on which a refundable cash advance is paid pursuant to NAC 704A.240, the number of lots and units of apartment houses being permanently served by the utility within the residential development equals or exceeds 90 percent of the total number of lots and units of apartment houses designed for residential occupancy, the utility shall refund all of the cash advance paid, with interest for the first 6 months as provided for in subsection 4 of NAC 704A.240. The refund must be made within 15 days after the expiration of the 1-year period. In any event, whether or not the cash advance paid is refundable, interest for the first 6 months must be paid within 15 days after the expiration of the 1-year period.

3. If a refundable cash advance, paid pursuant to NAC 704A.240, fails to qualify for refunding under subsections 1 and 2, the cash advance paid must be refunded in accordance with the following provisions:

A - (.5 x B)

.5 x B X C = R

A = the number of lots and apartments being permanently served by the utility within the development.

B = the total number of lots and apartments designed for residential occupancy within the development.

C = the refundable cash advance paid pursuant to NAC 704A.240.

R = the portion of the cash advance to be refunded on any settlement date, as provided for below, from which there must be deducted all portions of the cash advance previously refunded.

In accordance with the foregoing formula, a cash advance or any portion thereof is refundable until January 1, 1971, on a quarterly basis from and after expiration of the 1-year period referred to in subsection 2. From and after January 1, 1971, a cash advance or any portion thereof is refundable on a monthly basis for a period not to exceed 10 years from the date on which the cash advance was paid. All cash advances or portions thereof which are refundable must be paid within 15 days after the date on which they become due.

4. Disregarding any interest paid or payable, the utility shall not refund to the applicant any amount which exceeds the total refundable cash advance paid by him pursuant to NAC 704A.240. In addition, any portion of a refundable cash advance not subject to a refund within 10 years after the date on which the cash advance was paid must be accounted for by the utility as a nonrefundable contribution in aid of construction.

5. The utility shall not directly or indirectly, through a subsidiary or otherwise, lend any money to the applicant or to an agent, representative or subsidiary of the applicant.

[Pub. Service Comm’n, Gen. Order 9 Rule K, eff. 11-1-69]—(NAC A 3-15-84)

NAC 704A.260 Extension of lines to development. (NRS 703.025, 704.260, 704.280, 704A.300) Any extension of a utility’s lines from existing facilities to a new residential development must be constructed underground from the nearest line or source of sufficient capacity if the line or source is not more than 100 feet from the closest boundary of the development. The 100 feet must:

1. Be calculated on the basis of the most direct route from the nearest line or source of sufficient capacity to the closest boundary of the development; and

2. Exclude any portion of the extension which is a main or primary line and is to be installed under and across, as opposed to along, a public way or street.

[Pub. Service Comm’n, Gen. Order 9 Rule I, eff. 11-1-69]—(NAC A 3-15-84)

NAC 704A.270 Ownership and maintenance of facilities. (NRS 703.025, 704.260, 704.280, 704A.300) The utility owns and shall install, operate and maintain all electric distribution facilities to and including the meter.

[Pub. Service Comm’n, Gen. Order 9 Rule M, eff. 11-1-69]—(NAC A 3-15-84)

NAC 704A.280 Responsibility of utility and applicant for installation. (NRS 703.025, 704.260, 704.280, 704A.300)

1. Except for transformer vaults and pads, manholes and handholes, the utility is responsible for furnishing, installing, splicing and connecting all wire, cable, electric hardware, transformers and other appurtenances incident to the construction of an underground electric system, and all of the costs attributable to the utility’s discharge of this responsibility may be included in the estimate upon which an advance is required under NAC 704A.240.

2. Within a new residential development, the applicant is responsible for furnishing and installing, at his expense, all transformer vaults and pads, manholes and handholes incident to the construction of an underground electric system.

[Pub. Service Comm’n, Gen. Order 9 Rule F, eff. 11-1-69]—(NAC A 3-15-84)

NAC 704A.290 Trenches. (NRS 703.025, 704.260, 704.280, 704A.300)

1. Except as otherwise provided in this subsection, if an underground electric system is installed within a new residential development, the system must be installed in trenches used jointly with the facilities of other public utilities. This requirement does not apply with respect to main ( primary and secondary) lines leading to a new residential development if the utilities serving the development cannot approach it from the same direction.

2. The applicant, at his expense, shall perform all trenching, backfilling and paving within a new residential development and within the 100-foot allowance provided for in NAC 704A.260. The utility shall perform any trenching, backfilling or paving beyond the 100-foot allowance.

3. In the performance of all trenching, backfilling and paving, including the use of any select backfill materials, the utility is responsible for making inspections to ensure that appropriate separations are maintained between electric and telephone lines in conformance with the minimum construction standards set forth in the National Electric Safety Code.

[Pub. Service Comm’n, Gen. Order 9 Rule E, eff. 11-1-69]—(NAC A 3-15-84)

NAC 704A.300 Conduits and preassembled cable in conduits. (NRS 703.025, 704.260, 704.280, 704A.300)

1. Except at intersections on main thoroughfares and in places where the use of conduits is required by state law or local ordinance, the utility or the applicant may elect to install underground electric systems in conduits or by preassembled cable in conduits, subject to the following conditions:

(a) If the utility elects to install a system in a conduit, all responsibility for the installation rests with the utility, and all costs attributable to its election to use a conduit must be borne by it without any refundable advance or nonrefundable contribution in aid of construction.

(b) The applicant may elect to have an underground electric system installed in a conduit only if his new residential development is scheduled for building and occupancy over a period of more than 1 year. If the applicant so elects, the furnishing and installation are the responsibility of the utility and at its expense, but all the costs attributable to the utility’s discharge of the responsibility constitute appropriate items for inclusion in the estimate upon which a nonrefundable advance is required under NAC 704A.240.

(c) Only the utility may elect to install an underground electric system by preassembled cable in a conduit. If the utility so elects, the furnishing and installation are the utility’s responsibility and at its expense. However, any cost attributable to the use of a preassembled cable in a conduit which exceeds the cost of making the installation by direct burial must be borne by the utility without any refundable advance or nonrefundable contribution in aid of construction.

2. Under an intersection on a main thoroughfare or in a place where the use of a conduit is required by state law or local ordinance, the installation of an underground electric system must be made in a conduit by the utility at its expense, without any refundable advance or nonrefundable contribution in aid of construction.

3. If neither the utility nor the applicant elects to have an underground electric system installed in a conduit or by preassembled cable in a conduit, or if a conduit is not required pursuant to subsection 2, the installation must be made by direct burial.

[Pub. Service Comm’n, Gen. Order 9 Rule G, eff. 11-1-69; A 11-2-69]—(NAC A 3-15-84)

NAC 704A.310 Duplication of lines prohibited. (NRS 703.025, 704.260, 704.280, 704A.300) Any unnecessary or unwarranted duplication of the utility’s underground distribution lines in a public way or street is prohibited.

[Pub. Service Comm’n, Gen. Order 9 Rule H, eff. 11-1-69]

NAC 704A.320 Exceptions for special circumstances. (NRS 703.025, 704.260, 704.280, 704A.300) In unusual circumstances, if adherence to NAC 704A.020 to 704A.310, inclusive, becomes impractical or impossible for either person, then the utility or the applicant, before commencement of construction or installation, may refer the matter to the Commission for a special ruling or for the approval of special conditions that have been mutually agreed upon.

[Pub. Service Comm’n, Gen. Order 9 Rule N, eff. 11-1-69]

TELEPHONE FACILITIES

NAC 704A.350 Definitions. (NRS 703.025, 704.260, 704.280, 704A.300) As used in NAC 704A.360 to 704A.570, inclusive, unless the context otherwise requires, the words and terms defined in NAC 704A.360 to 704A.420, inclusive, have the meanings ascribed to them in those sections.

(Added to NAC by Pub. Service Comm’n, eff. 3-15-84)

NAC 704A.360 “Cable” defined. (NRS 703.025, 704.260, 704.280, 704A.300) “Cable” means a single conductor or a combination of conductors insulated from one another.

(Added to NAC by Pub. Service Comm’n, eff. 3-15-84)

NAC 704A.370 “Commission” defined. (NRS 703.025, 704.260, 704.280, 704A.300) “Commission” means the Public Utilities Commission of Nevada.

(Added to NAC by Pub. Service Comm’n, eff. 3-15-84)

NAC 704A.380 “Conduit” defined. (NRS 703.025, 704.260, 704.280, 704A.300) “Conduit” means a tubular runway and appurtenances thereto for telephone cables.

(Added to NAC by Pub. Service Comm’n, eff. 3-15-84)

NAC 704A.390 “Developer” defined. (NRS 703.025, 704.260, 704.280, 704A.300) “Developer” means the developer of a residential subdivision.

(Added to NAC by Pub. Service Comm’n, eff. 3-15-84)

NAC 704A.400 “Development” defined. (NRS 703.025, 704.260, 704.280, 704A.300) “Development” means:

1. A tract of land whose development has been approved by the appropriate local government and which has been divided into lots as sites for the construction of new residential buildings; or

2. Land on which are constructed new buildings for multiple occupancy.

(Added to NAC by Pub. Service Comm’n, eff. 3-15-84)

NAC 704A.410 “Direct burial” defined. (NRS 703.025, 704.260, 704.280, 704A.300) “Direct burial” means the installation of cables directly in the earth and not enclosed in a protective conduit, except for incidental handholes and manholes.

(Added to NAC by Pub. Service Comm’n, eff. 3-15-84)

NAC 704A.420 “Dwelling” defined. (NRS 703.025, 704.260, 704.280, 704A.300) “Dwelling” means a single-family house, an apartment, a condominium, a mobile home or other single residence for which telephone service would normally be provided.

(Added to NAC by Pub. Service Comm’n, eff. 3-15-84)

NAC 704A.430 Applicability. (NRS 703.025, 704.260, 704.280, 704A.300)

1. Except as otherwise provided in subsection 2, NAC 704A.350 to 704A.570, inclusive, apply to any extension of telephone facilities to and within a new residential development where underground construction of those facilities is required by:

(a) An ordinance or regulation of the local government having jurisdiction; or

(b) An agreement between the developer and the telephone company which is to provide service for the development.

2. If the Commission approves a tariff filed by a utility which relates to the provision of permanent telephone service to and within a new residential development where underground construction is required, the provisions of NAC 704A.350 to 704A.570, inclusive, do not apply to the utility for the extension of telephone service to which the tariff applies.

(Added to NAC by Pub. Service Comm’n, eff. 3-15-84; A 10-9-95)

NAC 704A.440 Extension of facilities to development; preliminary plans and estimates. (NRS 703.025, 704.260, 704.280, 704A.300)

1. The extension of telephone facilities to a development must be along the most direct and economically feasible route to it from the nearest existing facility which is:

(a) In the same exchange or wire center; and

(b) Of sufficient capacity, or capable of being reinforced to provide sufficient capacity, to provide the required service.

2. If the local government requires the telephone facilities within a development to be underground, the part of the extension to the development which is within 100 feet of its boundary must also be constructed underground.

3. A telephone company shall furnish a prospective developer:

(a) Without cost to him, preliminary estimates of the necessary costs and advances for the extension of the facilities.

(b) Detailed plans, specifications, including engineering drawings and designs, and estimated costs and advances for the extension of the facilities after the receipt of:

(1) A bona fide application for service;

(2) The information required by NAC 704A.460; and

(3) A portion of the refundable advance required by NAC 704A.520 which is equivalent to the cost of preparing the information required by NAC 704A.460.

(Added to NAC by Pub. Service Comm’n, eff. 3-15-84)

NAC 704A.450 Placing of facilities; rights-of-way and easements. (NRS 703.025, 704.260, 704.280, 704A.300)

1. In extending telephone facilities to and within a development, the telephone company shall place the facilities:

(a) Along and across public streets, roads or highways which it has the right to occupy; or

(b) In and along easements across public or private land which it deems satisfactory for the purpose.

2. Before the company completes its engineering and design of the extension, the developer must furnish the company, at no cost to it, suitable rights-of-way or easements across land which it deems necessary for the construction of the facilities.

(Added to NAC by Pub. Service Comm’n, eff. 3-15-84)

NAC 704A.460 Information furnished by developer; advances; schedule of construction. (NRS 703.025, 704.260, 704.280, 704A.300)

1. The developer shall furnish the telephone company:

(a) An approved plat of the development;

(b) A written statement of the number and type of dwellings to be served within the development; and

2. If the number of dwellings to be served in the development is subsequently changed, the developer shall promptly furnish the telephone company:

(a) A copy of the approved plat of the development;

(b) A written statement of the revised number and type of dwellings to be served within the development; and

3. If the number of dwellings to be served in the development is revised, the developer shall pay to the telephone company in cash:

(a) The refundable advance required by NAC 704A.520, based upon the revised number of dwellings; and

(b) A nonrefundable advance of the costs of the facilities rendered unusable by the revision.

4. Upon receiving the telephone company’s engineering drawings and designs, the developer shall provide it a mutually agreeable schedule of construction.

(Added to NAC by Pub. Service Comm’n, eff. 3-15-84)

NAC 704A.470 Selection of material used in construction. (NRS 703.025, 704.260, 704.280, 704A.300) The telephone company is entitled to select the size, type and quality of all material to be used in the construction of underground telephone facilities.

(Added to NAC by Pub. Service Comm’n, eff. 3-15-84)

NAC 704A.480 Trenching. (NRS 703.025, 704.260, 704.280, 704A.300)

1. The developer is responsible for all trenching inside the development and within the part of the extension of the telephone facilities which is within 100 feet of the boundary of the development, unless he requests the telephone company to accept responsibility for that trenching and the company so accepts. If the company so accepts, the developer shall advance to it a cash payment of the estimated cost of that trenching. After the company completes that trenching, the developer shall, upon demand, pay to it in cash any amount by which the actual cost has exceeded the advance. The company shall refund to the developer any part of the advance which exceeds the actual cost.

2. The responsibility for trenching includes the responsibility for:

(a) Excavating;

(b) Breaking and repairing pavement where necessary;

(d) Compacting; and

(e) Restoring the landscaping, where applicable.

(Added to NAC by Pub. Service Comm’n, eff. 3-15-84)

NAC 704A.490 Joint trenches and separate trenches. (NRS 703.025, 704.260, 704.280, 704A.300)

1. Whenever practicable, a telephone company’s extension of its facilities to and within a development must be installed in trenches used jointly with the facilities of other public utilities.

2. The developer shall provide a separate trench for any telephone facilities which are inside the development or not more than 100 feet from it if joint trenching is not technically possible or economically feasible.

3. Separations between the facilities of various public utilities in a joint trench must be maintained in conformance with the minimum standards of construction set forth in Part 3 of the National Electric Safety Code, which the Commission has adopted by reference in NAC 704.450.

4. The telephone company may place conduits in trenches inside or not more than 100 feet from a development to serve customers who reside more than 100 feet from the development if:

(a) The conduits are installed at the same time as the underground facilities which will serve the residents in the development; and

(b) The placement does not require the developer to perform additional excavation or supply additional material for backfill.

Ê The telephone company is not required to pay the developer for such an additional use of these trenches.

(Added to NAC by Pub. Service Comm’n, eff. 3-15-84)

NAC 704A.500 Direct burial; conduits. (NRS 703.025, 704.260, 704.280, 704A.300)

1. Except as otherwise provided in this section, a telephone company shall install underground extensions of telephone facilities to and within developments by direct burial.

2. Under the following circumstances a telephone company may use conduits for all or a part of an extension of telephone facilities to and within a development:

(a) Within, along or across any public highway, street, road, alley or improved easement. The costs attributable to the use of these conduits must be borne by the company. The company shall install these conduits at such a time and in such a manner as does not delay the developer’s schedule of construction.

(b) Across any existing or planned patio slab, pool decking, paved driveway, decorative planter, extensive landscaping or similar improvement where the crossing is in accordance with the company’s design. The developer must bear the cost of these conduits.

3. Except as otherwise provided in this section, costs for the use of conduits for all or a part of the extension of telephone facilities to and within a development must be borne by the company.

(Added to NAC by Pub. Service Comm’n, eff. 3-15-84)

NAC 704A.510 Responsibility for construction; ownership and maintenance. (NRS 703.025, 704.260, 704.280, 704A.300)

1. Except as otherwise provided in NAC 704A.480, the telephone company is responsible for the construction of the extension of telephone facilities to and within a development.

2. The company owns and shall maintain the extension.

(Added to NAC by Pub. Service Comm’n, eff. 3-15-84)

NAC 704A.520 Advance of portion of estimated costs. (NRS 703.025, 704.260, 704.280, 704A.300)

1. Except for an extension made pursuant to paragraph (a) of subsection 2 of NAC 704A.500, the developer shall pay to the telephone company, in cash before construction is begun on the extension of telephone facilities to and within a development, 50 percent of the estimated costs of constructing the extension within the development and within 100 feet of its boundary, minus any amount previously paid pursuant to subsection 3 of NAC 704A.440.

2. The estimated costs must include the cost for preparation or the engineering drawings and designs.

3. The estimated costs must not include the cost of:

(a) Nonrefundable advances;

(b) Conduits and their installation; or

(c) Cable used to provide telephone service to persons who reside more than 100 feet from the development or the cost of installing that cable.

(Added to NAC by Pub. Service Comm’n, eff. 3-15-84)

NAC 704A.530 Additional advances. (NRS 703.025, 704.260, 704.280, 704A.300)

1. In addition to the payment required by NAC 704A.520, the developer shall pay to the telephone company in cash:

(a) The estimated cost of conduits and their installation across any existing or planned patio slab, pool decking, paved driveway, decorative planter, extensive landscaping or similar improvement, where the crossing is in accordance with the company’s design;

(b) The estimated cost of conduits and their installation in any location for the benefit of the developer; and

2. Advances made pursuant to this section must be accounted for as contributions in aid of construction.

(Added to NAC by Pub. Service Comm’n, eff. 3-15-84)

NAC 704A.540 Interest on refundable advance. (NRS 703.025, 704.260, 704.280, 704A.300)

1. Interest accrues for the first 6 months on any refundable cash advance paid to the telephone company under NAC 704A.520.

2. The company has no obligation to pay interest to the developer on any other cash advance.

3. The interest is at an annual rate equal to the lowest daily prime rate at the three largest United States banking institutions on the day the company receives the advance.

(Added to NAC by Pub. Service Comm’n, eff. 3-15-84)

NAC 704A.550 Refunds of advances. (NRS 703.025, 704.260, 704.280, 704A.300)

1. The telephone company shall annually notify the developer by registered or certified mail of the current status of his account. The notice must be sent to the developer’s last known address.

2. The developer may give the telephone company a written notice once a month of the number of dwellings which have been completed within the development or which may be served from facilities for the development which are installed not more than 100 feet from it, as evidenced by copies of temporary or permanent certificates of occupancy. Within 45 days after the receipt of any copies of certificates of occupancy, the telephone company shall compute and pay to the developer refund of the advance paid pursuant to NAC 704A.520, as follows:

(a) If at any time within 10 years after the cash advance was paid, the number of completed dwellings in the development is at least 50 percent but less than 90 percent of the total number of dwellings approved for the development, the telephone company shall refund that amount of the advance which is equal to the proportion of the number of completed dwellings in excess of 50 percent of the total number of dwellings approved for the development to the number of dwellings which equals 50 percent of the total number of dwellings approved for the development, with interest at the rate established in NAC 704A.540; and

(b) If at any time within 10 years after the cash advance was paid, the number of completed dwellings is 90 percent or more of the total number of dwellings approved for the development, the telephone company shall refund all of the advance.

3. Any portion of the refundable advance which is not subject to a refund under this section within 10 years after the date on which the construction of the extension is completed must be accounted for as a contribution in aid of construction.

4. If there is a dispute about the number of completed dwellings, a refund must be made within 45 days after the dispute is resolved.

5. Except for payment of interest, a refund must not exceed the total refundable cash advance paid by the developer.

6. The telephone company or its subsidiaries shall not lend money to the developer or his agent, representative or subsidiary.

(Added to NAC by Pub. Service Comm’n, eff. 3-15-84)

NAC 704A.560 Records. (NRS 703.025, 704.260, 704.280, 704A.300)

1. The telephone company shall make the following records available for the developer’s inspection:

(a) A statement of the telephone company’s estimated costs for the extension of telephone facilities and the allocation of its general and administrative costs; and

(b) An itemized breakdown of its costs for labor and material for the extension to and not more than 100 feet from the development.

2. The telephone company’s record of its costs for the extension must:

(a) Be kept on file for 3 years after the date on which the construction was begun; and

(b) Be available during that period for inspection by the developer.

(Added to NAC by Pub. Service Comm’n, eff. 3-15-84)

NAC 704A.570 Waivers. (NRS 703.025, 704.260, 704.280, 704A.300) Upon application, the Commission will waive compliance with a provision of NAC 704A.350 to 704A.560, inclusive, if it finds that compliance would be impracticable or imprudent under the particular circumstances.

(Added to NAC by Pub. Service Comm’n, eff. 3-15-84)

MISCELLANEOUS PROVISIONS

NAC 704A.600 Burial of nonconductive subsurface installations. (NRS 703.025, 704.260, 704.280)

1. Except as otherwise provided in subsection 2, if an operator is burying a nonconductive subsurface installation, the operator shall place a tracer wire or other conductive marking tape or device with the subsurface installation.

2. If an operator is conducting minor repairs to an existing nonconductive subsurface installation, the operator may choose not to place a tracer wire or other conductive marking tape or device with the subsurface installation when burying the subsurface installation.

3. As used in this section:

(a) “Operator” has the meaning ascribed to it in NRS 455.096.

(b) “Subsurface installation” has the meaning ascribed to it in NRS 455.101.

(Added to NAC by Pub. Utilities Comm’n by R156-03, eff. 8-25-2004)