| application administratively, the gas utility,
within 30 days of the date the Director administratively denies an
application to abandon or permanently discontinue service, may request
that a formal hearing be held within 60 days following the date on
which the Director denies the application.
(C) The Director shall act administratively on the
application within 30 days following the date on which the gas utility
files the application if either:
(i) all of the directly affected customers consent
to the abandonment or permanent discontinuance of service and none
of the directly affected customers files a protest within 15 days
following the date on which the gas utility files the application;
or
(ii) the gas utility has given all of the directly
affected customers a qualifying offer, as defined in §7.115 of
this title (relating to Definitions) and none of the directly affected
customers files a protest within 15 days following the date on which
the gas utility files the application. If the Director denies the
application administratively, the gas utility may request that a formal
hearing be held within 60 days following the request for a hearing.
The gas utility shall file any request for a formal hearing within
30 days of the date the Director administratively denies an application
to abandon or permanently discontinue service.
(3) The Director shall have the authority to act administratively
on abandonment or permanent discontinuance applications that satisfy
the conditions of this subsection.
(4) Temporary termination of service due to a pipeline
safety emergency shall not be considered to be abandonment or permanent
discontinuance of service under the terms of this section. If the
gas utility determines not to resume service as a result of a pipeline
safety emergency, then the gas utility shall file an application under
this section within 30 days of the temporary termination of service.
(5) The gas utility shall have the burden of proof
to show that the proposed abandonment or permanent discontinuance
of service is reasonable and necessary and is not contrary to the
public interest. The Commission shall consider the following conditions
when making a determination regarding an application for abandonment
or permanent discontinuance of service:
(A) whether continued service is no longer economically
viable for the gas utility;
(B) whether the potentially abandoned customers have
any alternatives, how many, and at what cost;
(C) whether any customer has made investments or capital
expenditures in reliance on continued availability of natural gas,
where use of an alternative energy source is not viable;
(D) whether the utility has failed to properly maintain
the facilities proposed for abandonment, rendering them unsalvageable
due to neglect; and
(E) any other considerations affecting the potentially
abandoned customers.
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