|(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
(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).
(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
(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
(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
(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:
(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
(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.