90.2(B)5)(d)

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hhsting

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Public electric utilities are regulated by Public service comisssion no. So I just needs clarification since the language in NEC book is confusing. If anyone of you can please clarify the intent, or have more simplified version or have opninon of what the following means from NEC 2014 Article 90.2(B)(5)(d):

"Installations under exclusive control of an electric utility where such installations are located by other written agreements either designated by or recognized by public service commissions, utility commissions, or other regulatory agencies having jurisdiction for such installations. These written agreements shall be limited to installations for the purpose of communicatios, metering, generation, control, transformation, transmission, or distribution of electric energy where legally established easements or right of way cannot be obtained. These installations shall be limited to federal lands, Native American reservations through the US Department of the Interior Bureau of Indian Affairs, military bases, lands controlled by port authorities and state agencies and departments, and lands owned by railroad."
 
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hhsting said:
Public electric utilities are regulated by Public service comisssion no. So I just needs clarification since the language in NEC book is confusing. If anyone of you can please clarify the intent, or have more simplified version or have opninon of what the following means from NEC 2014 Article 90.2(B)(5)(d):

"Installations under exclusive control of an electric utility where such installations are located by other written agreements either designated by or recognized by public service commissions, utility commissions, or other regulatory agencies having jurisdiction for such installations. These written agreements shall be limited to installations for the purpose of communicatios, metering, generation, control, transformation, transmission, or distribution of electric energy where legally established easements or right of way cannot be obtained. These installations shall be limited to federal lands, Native American reservations through the US Department of the Interior Bureau of Indian Affairs, military bases, lands controlled by port authorities and state agencies and departments, and lands owned by railroad."
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No takers? No one knows here the above?


I understand but could be wrong that federal lands, Native American reservations through the US Department of the Interior Bureau of Indian Affairs, military bases, lands controlled by port authorities and state agencies and departments, and lands owned by railroad may not have legally established easement or right of way cannot be obtained so written agreements recognized or designated by public service commission, utility comission or regulatory agency can be done.


I still dont understand following:

1. What is easement or right of way?
2. What is difference between legally established easement, right of way and lease?
3. What does it mean by agreement recongized or designated?
 
Have looked at NEC handbook, or Mike Holts understanding the nec?
In Washington utilities are regulated by the utilities and transportation commission, and our electrical laws and rules limit pocos lighting installations to public ROWs and dedicated easements.
 
hhsting said:
I still dont understand following:

1. What is easement or right of way?
2. What is difference between legally established easement, right of way and lease?
3. What does it mean by agreement recongized or designated?
Click to expand...

Based on what I know from the house I used to own in New Jersey...

The power line for my neighbor's house ran from a pole to his house. The path took the line over the corner of my yard and the corner of my garage. The deed for the property listed this as an 'easement--' neither I nor the previous owners received any money for allowing the line in 'my' air space.

A lease, on the other hand, is where for money or 'other valuable consideration' a property owner grants someone the right to part of their property. As I understand it, the lessee becomes the owner of that property for the duration of the lease (subject to any terms specified in the lease).

A Right of Way gives a power company (for example) the right to cross your property to maintain the transformer on the pole at the back of your lot, or other facilities they may own.

In my current house, the phone and cable lines cross a corner of my neighbor's property. The lines run to 'telephone poles' on my property. Although the poles have official locator numbers on them, I suspect that a former owner of my property had to pay to have them installed, since they're quite a ways from the road. I paid out-of-pocket to have encroaching trees cleared from the line. The company that did the work stated that there is a 10 or 20 foot right-of-way around the wires, and that clearing the trees and branches did not require special permission from my neighbor.

For any other advice, you need to consult legal counsel (which I am not).
 
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