Assembly Bill No. 207

Assembly Bill No. 207-Assemblymen Segerblom, Ohrenschall, Koivisto, Gustavson, de Braga, Manendo, Williams, Mortenson, Hettrick, Marvel, Goldwater, Hickey, Perkins, Lee, Nolan, Herrera, Parks, Von Tobel, Neighbors, Anderson, Price, Tiffany, Berman, Giunchigliani, Chowning, Freeman, amodei, carpenter and bache

February 26, 1997
____________

Referred to Committee on Government Affairs

SUMMARY--Enlarges kind and financing of utilities to be placed underground. (BDR 58-147)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT relating to public utilities; providing for the placement of additional services underground; providing additional means of financing placement underground; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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Section 1 Chapter 704A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2 "Service facility" or "facility" means works or improvements used or useful in providing the service of a public utility corporation to its customers, of a kind commonly placed above the surface of the ground.
Sec. 3 A governing body, without establishing a service district, may provide for the placement of service facilities underground in all or any part of its territory, and may finance the placement by:
1. Issuing municipal securities;
2. Imposing a surcharge of 1 percent upon the charges made by a public utility corporation to customers to whom its service is first provided at a particular location after the facilities used in providing the service are placed underground;
3. Requiring the owner of real property to pay for the placement as a condition of obtaining a variance or change in zoning with respect to the property to be served by the placement; or
4. Any combination of these methods.
Sec. 4 If service facilities are placed underground only in a portion of the territory of the governing body, a surcharge may be imposed upon charges to new customers only within that portion and only to defray the cost of placing underground facilities to serve prior or new customers within that portion.
Sec. 5 A public utility corporation or a contractor whom it employs shall pay to persons employed in placing service facilities underground the prevailing wage for the locality determined pursuant to NRS 338.030.
Sec. 6 NRS 704A.010 is hereby amended to read as follows:
704A.010 1. The legislature finds that in many areas of this state owners of real property, counties, cities and public utility corporations desire to construct new underground [electric and communication services] service facilities and to convert existing overhead [electric and communication] facilities to underground locations by establishing underground service districts [for the purpose of effecting] to effect such construction or conversion.
2. The legislature declares that a public purpose will be served and that the public welfare will be promoted by providing a procedure to accomplish such construction or conversion and that it is in the public interest to provide for such construction or conversion as provided in this chapter.
Sec. 7 NRS 704A.020 is hereby amended to read as follows:
704A.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 704A.030 to 704A.150, inclusive, and section 2 of this act have the meanings ascribed to them in [such] those sections.
Sec. 8 NRS 704A.040 is hereby amended to read as follows:
704A.040 "Convert" or "conversion" means the removal of existing overhead [electric and communication] service facilities and the replacement thereof with underground [electric and communication] service facilities constructed at the same or different locations.
Sec. 9 NRS 704A.060 is hereby amended to read as follows:
704A.060 "Governing body" means:
1. The city council, city commission, board of supervisors or other local legislative or governing body of an incorporated city [if all or any part of the service district is] with respect to territory or a service district located entirely or partly within the limits of [such] the incorporated city.
2. The board of county commissioners [if the service district is] with respect to territory or a service district located entirely within the unincorporated area of the county.
Sec. 10 NRS 704A.080 is hereby amended to read as follows:
704A.080 "New underground [electric and communication] service district" means an area in which no existing [electric and communication] service facilities are in place.
Sec. 11 NRS 704A.090 is hereby amended to read as follows:
704A.090 "Overhead [electric or communication] service facilities" means [electric or communication] service facilities located above the surface of the ground . [except as provided in NRS 704A.050 and 704A.150.]
Sec. 12 NRS 704A.120 is hereby amended to read as follows:
704A.120 "Public utility corporation" means:
1. Any person [or corporation] subject to the jurisdiction of the public service commission of Nevada [which provides electric or communication] who provides service to the public by means of [electric or communication] service facilities.
2. An incorporated city or a county which provides [electric or communication] service to the public by means of [electric or communication] service facilities.
Sec. 13 NRS 704A.140 is hereby amended to read as follows:
704A.140 "Service district" means a new underground [electric and communication] service district [as defined by NRS 704A.080,] or an underground conversion service district , [as defined by NRS 704A.150,] as the case may be.
Sec. 14 NRS 704A.150 is hereby amended to read as follows:
704A.150 "Underground conversion service district" means an area in which existing [electric and communication] service facilities are to be placed underground, exclusive of [:
1. Any lines or facilities used or intended to be used for the transmission of electric energy at nominal voltages in excess of 25,000 volts or having a circuit capacity in excess of 12,000 kilovolt amperes.
2. Facilities used or intended to be used for the transmission of intelligence by microwave or radio.
3. Facilities] facilities such as transformers, pull boxes, service terminals, pedestal terminals, splice closures, apparatus cabinets and similar facilities which normally are above the surface in areas where service lines are underground in accordance with standard underground practices [.
4. On-the-ground] and facilities attached to overhead facilities which are used to connect an underground system to overhead facilities.
Sec. 15 NRS 704A.180 is hereby amended to read as follows:
704A.180 1. Within 15 days after the receipt of [the] a petition, each public utility corporation other than the municipality shall notify the municipality of the petition's receipt and shall request the municipality to notify the public utility corporation of the basis to be used by the municipality in the apportionment of the costs to be defrayed by special assessments levied against the specially benefited lots within the proposed service district if the facilities of the public utility corporation therein are to be placed underground under this chapter.
2. Within 30 days [of] after the receipt by the municipality of each such request, or, if the public utility corporation is the municipality, the petition, the governing body shall state, by resolution, the basis for the apportionment of those costs by assessments against the specially benefited lots, subject to the provisions of subsections 5 and 6 of NRS 704A.240, and shall forthwith cause a certified true copy of the resolution pertaining to each public utility corporation requesting the basis of assessments to be furnished thereto.
3. Within 120 days after receipt of the basis for assessments, or, if the public utility corporation is the municipality, after the adoption of the resolution, each public utility corporation serving the area shall:
(a) [Make] Cause a study to be made of the cost of providing new underground [electric and communication] service facilities or conversion of its facilities in the area to underground service.
(b) Make available in its office to the petitioners and to all owners of real property within the proposed service district a joint report of the results of the study of the public utility corporations affected.
4. If a public utility corporation subject to the jurisdiction of the public service commission of Nevada determines as a result of the study that installation of the proposed service is not economically or technically feasible, it may, with the concurrence of the public service commission of Nevada, so state in the joint report and proceed no further toward installation of the proposed service. [Nothing in this chapter requires the public service commission of Nevada] This chapter does not require the commission to participate in the preparation of the joint report referred to in this section.
5. If a public utility corporation is a city or county and if it determines as a result of the study that installation of the proposed service is not economically or technically feasible, it may, with the concurrence of its governing body, as provided by resolution so state in the joint report and proceed no further toward installation of the proposed service.
6. Except for the facilities of each public utility corporation described in subsection 4 or 5, if any, the joint report must:
(a) Contain an estimate of the costs to be assessed to each lot of real property located within the proposed service district for the construction of new facilities or the conversion of facilities within public places.
(b) Indicate the estimated cost to be assessed to each lot of real property for placing underground the facilities of the public utility corporation located within the boundaries of each lot.
(c) Indicate the estimated cost, if any, to be borne by the public utility corporation for any facilities to be provided by it [and] which remain its property rather than becoming property of owners of individual lots, as provided by regulations of the public service commission of Nevada in the case of a public utility corporation other than a city or county, and, in the case of any public utility corporation, by any other applicable laws, ordinances, rules or regulations.
7. The costs of preparing the joint report must be borne by the public utility corporation or corporations whose [electric or communication] service facilities are to be included in the proposed service district unless the governing body orders the establishment of the service district . [, in which event] If the establishment of the service district is so ordered, the costs must be included in the costs of the service district.
Sec. 16 NRS 704A.210 is hereby amended to read as follows:
704A.210 1. Upon receipt of a petition to establish a service district, the governing body shall set a date for a hearing on the petition, which date [shall] must not be later than 60 days after the filing of the petition with the clerk.
2. The clerk shall:
(a) Cause a notice of the hearing to be posted in not less than three public places within the proposed service district for not less than 30 days [prior to] before the date of the hearing.
(b) Cause a notice of the hearing to be published once not less than 10 days preceding the date of the hearing in some newspaper having a general circulation in the proposed service district.
(c) Mail a notice of the hearing at least 15 days preceding the date of the hearing to:
(1) Each owner of a lot of real property within the boundaries of the proposed service district as reflected on the records of the county assessor.
(2) Each governmental agency having rights in public places within the proposed service district.
3. The costs of posting, publication and mailing required in this section [shall] must be assessed by the governing body on a pro rata basis to each public utility corporation whose [electric or communication] facilities are to be included in the proposed service area, and if a service district is established such costs [shall] must be included in the costs of the district.
Sec. 17 NRS 704A.240 is hereby amended to read as follows:
704A.240 1. At the place, date and hour specified for the hearing in the notice or at any subsequent time to which the hearing may be adjourned , the governing body shall give full consideration to all written objections which have been filed and shall hear all owners of real property within the proposed service district desiring to be heard.
2. If the governing body determines at the hearing that:
(a) The requirements for the establishment of a service district have been satisfied;
(b) Objections have not been filed in writing by more than 40 percent of the owners of real property within the proposed service district, or by owners of more than 40 percent of the real property on a square foot basis in the proposed service district;
(c) Considering all objections, the cost of construction or conversion as contained in the joint report prepared pursuant to NRS 704A.180 is economically and technically feasible for the public utility corporations involved and the owners of real property affected; and
(d) The proposed service district is a reasonably compact area of reasonable size,
the governing body shall enact an ordinance establishing the area as a service district.
3. The ordinance [shall:] must:
(a) State the costs to be assessed to each lot in the service district, which [shall] must include the appropriate share of all costs referred to in NRS 704A.180 and 704A.210.
(b) Direct the public utility corporation owning overhead [electric or communication] service facilities within the service district to construct or convert [such facilities] them to underground facilities and, in the case of a public utility corporation other than a city or county, in accordance with standard underground practices and procedures approved by the public service commission of Nevada.
(c) State the method of levying assessments, the number of installments, and the times when the costs assessed will be payable.
4. Before enacting an ordinance establishing a service district, the governing body shall exclude by resolution or ordinance any territory described in the petition which the governing body finds will not be benefited by inclusion in the service district or for which territory construction or conversion is not economically or technically feasible.
5. The basis for apportioning the assessments:
(a) [Shall] Must be in proportion to the special benefits derived to each of the several lots comprising the assessable property within the service district; and
(b) [Shall] Must be on a front foot, area, zone or other equitable basis as determined by the governing body.
6. Regardless of the basis used for the apportionment of assessments, in cases of lots shaped like a wedge or V or in any other [irregularly shaped lots,] irregular shape, an amount apportioned thereto [shall] must be in proportion to the special benefits thereby derived.
7. The assessable property in the service districts consists of the lots specially benefited by the construction or conversion of service facilities, except:
(a) Any lot owned by the Federal Government in the absence of consent of Congress to its assessment; and
(b) Any lot owned by the municipality.
Sec. 18 NRS 704A.290 is hereby amended to read as follows:
704A.290 If the governing body enacts an ordinance establishing a service district, the public utility corporation is not required to commence construction or conversion until:
1. The time for applying for a rehearing has expired and no application has been filed; or
2. If an application for a rehearing has been filed [, the] :
(a) The governing body has declined to repeal or amend the ordinance; [and
3. Either the]
(b) The time for commencing an action in the district court has expired and no action has been commenced, or if an action has been commenced, a final judgment upholding the validity of the ordinance has been rendered; [and
4.] (c) Arrangements for financing the construction or conversion have been completed and [moneys are] money is available therefor from the issuance of interim warrants, or from the levy and collection of assessments and issuance of bonds, or otherwise; and
[5.] (d) The public utility corporation has been provided with or acquired necessary easements or licenses satisfactory to it for the installation and maintenance of underground [electric and communication] service facilities.
Sec. 19 NRS 704A.300 is hereby amended to read as follows:
704A.300 1. The service facilities within the boundaries of each lot within an underground conversion service district must be placed underground at the same time as or after the underground system in private easements and public places is placed underground. The public utility corporation involved, directly or through a contractor, shall, in accordance with the [rules and] regulations of the public utility corporation, but subject to the regulations of the public service commission of Nevada in the case of a public utility corporation other than a city or county, and, in the case of any public utility corporation, subject to any other applicable laws, ordinances [, rules] or regulations of the municipality or any other public agency under the police power, convert to underground its facilities on any such lot [in the case of:
(a) An electric public utility,] up to the service entrance [.
(b) A communication public utility, to the] or connection point . [within the house or structure.]
2. All costs or expenses of conversion must be included in the costs on which the underground conversion cost for such property is calculated, as provided in this chapter.
Sec. 20 NRS 704A.312 is hereby amended to read as follows:
704A.312 1. At any time after there occur the conditions stated in subsection 1 or in [subsections 2 and 3] paragraphs (a) and (b) of subsection 2 of NRS 704A.290, the governing body, by resolution, shall:
(a) Determine the total cost of the construction or conversion pertaining to the service district, including, without limitation, interest on any interim warrants relating thereto and all other incidental costs, based upon the actual costs known at the time of such determination of cost and otherwise upon the estimated costs stated in the joint report prepared under NRS 704A.180, as modified, if modified by the occurrence thereafter of factors affecting such costs and permitting their revision;
(b) Determine the net cost of the construction or conversion to be defrayed by special assessments;
(c) Order the municipal engineer to make out or to cause to be made out an assessment roll containing, among other matters:
(1) The name of each last known owner of each lot to be assessed, or if not known, a statement that the name is "unknown"; and
(2) A description of each tract to be assessed, and the amount of the proposed assessment thereon, apportioned upon the basis for assessments stated in the resolution of the governing body adopted pursuant to subsection 2 of NRS 704A.180, but subject to the provisions of subsections 5 and 6 of NRS 704A.240; and
(d) Cause a copy of the resolution to be furnished by the municipal clerk to the municipal engineer.
2. If by mistake or otherwise any person is improperly designated in the assessment roll as the owner of any lot, or if the [same] lot is assessed without the name of the owner or each owner, as the case may be, or in the name of a person other than the owner, [such assessment shall] the assessment may not for that reason be vitiated but [shall,] is, in all respects, [be] as valid upon and against [such] the lot as though assessed in the name of the owner or each owner thereof, as the case may be . [; and when] When the assessment roll has been confirmed, [such assessment shall become] the assessment becomes a lien on [such] the lot and must be collected as provided by law.
3. No assessment [shall] may exceed the amount of the special benefits to the lot assessed nor exceed the amount of the reasonable market value of [such] the lot for any one project for the construction or conversion of any one type of service facilities of a public utility corporation, as determined by the governing body.
Sec. 21 NRS 266.261 is hereby amended to read as follows:
266.261 1. The city council, on behalf of the city and in its name, without any election, may acquire, improve, equip, operate and maintain, convert to or authorize:
(a) Curb and gutter projects;
(b) Drainage projects;
(c) Offstreet parking projects;
(d) Overpass projects;
(e) Park projects;
(f) Sanitary sewer projects;
(g) Sidewalk projects;
(h) Storm sewer projects;
(i) Street projects;
(j) Underpass projects;
(k) Water projects; and
(l) Underground [electric and communication facilities.] service facilities as defined in chapter 704A of NRS.
2. The city council on behalf of the city and for the purpose of defraying all the costs of acquiring, improving or converting to any project authorized by subsection 1, or any portion of the cost thereof not to be defrayed with money otherwise available therefor, is vested with the powers granted to municipalities by chapters 271 and 704A of NRS.
Sec. 22 Section 6.010 of the charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, as last amended by chapter 361, Statutes of Nevada 1983, at page 872, is hereby amended to read as follows:

Sec. 6.010 Local improvement law. The city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:

1. Curb and gutter projects;

2. Drainage projects;

3. Offstreet parking projects;

4. Overpass projects;

5. Park projects;

6. Sanitary sewer projects;

7. Security walls;

8. Sidewalk projects;

9. Storm sewer projects;

10. Street projects;

11. Underground [electric and communication facilities;] service facilities as defined in chapter 704A of NRS;

12. Underpass projects; and

13. Water projects.

Sec. 23 Section 6.010 of the charter of the City of Carlin, being chapter 344, Statutes of Nevada 1971, as last amended by chapter 361, Statutes of Nevada 1983, at page 872, is hereby amended to read as follows:

Sec. 6.010 Local improvement law. The board of councilmen, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:

1. Curb and gutter projects;

2. Drainage projects;

3. Offstreet parking projects;

4. Overpass projects;

5. Park projects;

6. Sanitary sewer projects;

7. Security walls;

8. Sidewalk projects;

9. Storm sewer projects;

10. Street projects;

11. Underground [electric and communication facilities;] service facilities as defined in chapter 704A of NRS;

12. Underpass projects;

13. Water projects; and

14. Any combination of such projects.

Sec. 24 Section 6.010 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 425, Statutes of Nevada 1983, at page 1059, is hereby amended to read as follows:

Sec. 6.010 Local improvement law. The board may acquire, improve, equip, operate and maintain, convert to or authorize:

1. Curb and gutter projects;

2. Drainage projects;

3. Offstreet parking projects;

4. Overpass projects;

5. Park projects;

6. Sanitary sewer projects;

7. Security walls;

8. Sidewalk projects;

9. Storm sewer projects;

10. Street projects;

11. Underground [electric and communication facilities;] service facilities as defined in chapter 704A of NRS;

12. Underpass projects; and

13. Water projects.

Sec. 25 Section 6.010 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, as last amended by chapter 361, Statutes of Nevada 1983, at page 873, is hereby amended to read as follows:

Sec. 6.010 Local improvement law. The board of supervisors, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:

1. Curb and gutter projects;

2. Drainage projects;

3. Offstreet parking projects;

4. Overpass projects;

5. Park projects;

6. Sanitary sewer projects;

7. Security walls;

8. Sidewalk projects;

9. Storm sewer projects;

10. Street projects;

11. Underground [electric and communication facilities;] service facilities as defined in chapter 704A of NRS;

12. Underpass projects; and

13. Water projects.

Sec. 26 Section 6.010 of the charter of the City of Gabbs, being chapter 265, Statutes of Nevada 1971, as last amended by chapter 361, Statutes of Nevada 1983, at page 873, is hereby amended to read as follows:

Sec. 6.010 Local improvement law. The board of councilmen, on behalf of the city, and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:

1. Curb and gutter projects;

2. Drainage projects;

3. Offstreet parking projects;

4. Overpass projects;

5. Park projects;

6. Sanitary sewer projects;

7. Security walls;

8. Sidewalk projects;

9. Storm sewer projects;

10. Street projects;

11. Underground [electric and communication facilities;] service facilities as defined in chapter 704A of NRS;

12. Underpass projects; and

13. Water projects.

Sec. 27 Section 6.010 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 67, Statutes of Nevada 1987, at page 133, is hereby amended to read as follows:

1. Curb and gutter projects;

2. Drainage projects;

3. Offstreet parking projects;

4. Overpass projects;

5. Park projects;

6. Sanitary sewer projects;

7. Security walls;

8. Sidewalk projects;

9. Storm sewer projects;

10. Street projects;

11. Telephone projects;

12. Transportation projects;

13. Underground and aboveground [electric and communication facilities;] service facilities as defined in chapter 704A of NRS;

14. Underpass projects;

15. Water projects;

16. Upon petition by a person or business authorized to provide the service, such other utility projects as are deemed necessary by the council; and

17. Any combination thereof.

Sec. 28 Section 6.010 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1417, is hereby amended to read as follows:

1. Street lighting projects;

2. Underground [electric and communication facilities;] service facilities as defined in chapter 704A of NRS; and

3. Any combination of those projects.

Sec. 29 Section 6.010 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as last amended by chapter 361, Statutes of Nevada 1983, at page 875, is hereby amended to read as follows:

1. Curb and gutter projects;

2. Drainage projects;

3. Offstreet parking projects;

4. Overpass projects;

5. Library, park or recreation projects;

6. Sanitary sewer projects;

7. Security walls;

8. Sidewalk projects;

9. Storm sewer projects;

10. Street projects;

11. Underground [electric and communication facilities;] service facilities as defined in chapter 704A of NRS;

12. Underpass projects; and

13. Water projects.

Sec. 30 Section 6.010 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 361, Statutes of Nevada 1983, at page 875, is hereby amended to read as follows:

1. Curb and gutter projects;

2. Drainage projects;

3. Offstreet parking projects;

4. Overpass projects;

5. Park projects;

6. Sanitary sewer projects;

7. Security walls;

8. Sidewalk projects;

9. Storm sewer projects;

10. Street projects;

11. Underground [electric and communication facilities;] service facilities as defined in chapter 704A of NRS;

12. Underpass projects; and

13. Water projects.

Sec. 31 Section 6.010 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 450, Statutes of Nevada 1985, at page 1320, is hereby amended to read as follows:

Sec. 6.010 Local improvement law. The city council, on behalf of the city, without any election, may acquire, improve, equip, operate and maintain underground service facilities [for electricity and communication.] as defined in chapter 704A of NRS.

Sec. 32 Section 6.010 of the charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, as last amended by chapter 361, Statutes of Nevada 1983, at page 876, is hereby amended to read as follows:

Sec. 6.010 Local improvement law. The board of councilmen on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:

1. Curb and gutter projects;

2. Drainage projects;

3. Offstreet parking projects;

4. Overpass projects;

5. Park projects;

6. Sanitary sewer projects;

7. Security walls;

8. Sidewalk projects;

9. Storm sewer projects;

10. Street projects;

11. Underground [electric and communication facilities;] service facilities as defined in chapter 704A of NRS;

12. Underpass projects; and

13. Water projects.

Sec. 33 Section 6.010 of the charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, as last amended by chapter 361, Statutes of Nevada 1983, at page 877, is hereby amended to read as follows:

1. Curb and gutter projects;

2. Drainage projects;

3. Offstreet parking projects;

4. Overpass projects;

5. Park projects;

6. Sanitary sewer projects;

7. Security walls;

8. Sidewalk projects;

9. Storm sewer projects;

10. Street projects;

11. Underground [electric and communication facilities;] service facilities as defined in chapter 704A of NRS;

12. Underpass projects; and

13. Water projects.

Sec. 34 NRS 704A.050 is hereby repealed.

TEXT OF REPEALED SECTION

704A.050 "Electric and communication facilities" defined. "Electric and communication facilities" means any works or improvements used or useful in providing electric or communication service, including but not limited to poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances, but:
1. "Communication facilities" does not include facilities used or intended to be used for the transmission of intelligence by microwave or radio, apparatus cabinets or outdoor public telephones.
2. "Electric facilities" does not include any facilities used or intended to be used for the transmission of electric energy at nominal voltages in excess of 25,000 volts or having a circuit capacity in excess of 12,000 kilovolt amperes.