Proposed Main Extension Rules May Impact Developers

Genova Burns LLC
Contact

Developers and other interested parties still have time to submit comments on the State’s proposed regulations on utility main extensions; the deadline is January 30, 2015. The proposed regulations, published in the New Jersey Register, 46 N.J.R. 2323(a) (Dec. 1, 2014), will amend, repeal, and replace several sections of the existing regulations on main extensions at N.J.A.C. 14:3-8. If adopted, the proposed regulations would govern the conduct of all regulated utilities, except cable television operators (which are governed separately).

The proposed regulations are a noteworthy change from the existing regulations. Most significantly, the proposed regulations address the reasons for the Appellate Division’s invalidation of the prior regulations. To do so, the proposed regulations no longer distinguish main extensions serving areas designated for growth from main extensions serving non-growth areas. The proposed regulations also formally establish a refund policy for developers that paid for extensions in non-growth areas between March 20, 2005 and December 30, 2009. In addition to addressing the Appellate Division’s concerns, the proposed regulations clarify whether a utility may require a deposit for an extension and, if so, the timeframe for and amount of any refund from the utility. Key changes are discussed below.

Please see full publication below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Genova Burns LLC

Written by:

Genova Burns LLC
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Genova Burns LLC on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide