56-259 - Rights-of-way, etc., may be contracted for; location of easements of public service corporations.
§ 56-259. Rights-of-way, etc., may be contracted for; location of easementsof public service corporations.
A. Any corporation of the character mentioned in this chapter or in Chapter 2(§ 56-49 et seq.) may contract with any person or corporation, the owner oflands, or of any interest, franchise, privilege, or easement therein, over,under, or through which any pipeline transmitting petroleum products ornatural gas, power or telephone line, sewer or water main or similar works isto be constructed, for the right-of-way for such line, sewer, main or works,and for sufficient land for its necessary offices, plant, or plants, works,stations and structures. All such contracts shall specify with reasonableparticularity and definiteness the location of such easement of right-of-way;provided, however, that this provision shall not apply to contracts betweenany such corporation and any political subdivision of this Commonwealth, butany such corporation shall provide the location of its facilities on landowned by such a political subdivision upon request of such politicalsubdivision.
B. The location of any easement of right-of-way of any public servicecorporation shall be as specified in the instrument by which such easementwas conveyed to such public service corporation; provided that, with respectto all such easements granted after December 31, 1968, if such location isnot specified by metes and bounds or by reference to a center line or surveyline showing courses and distances from some ascertainable point ofbeginning, the location of such easement shall be determined by reference tothe facilities constructed thereon, and the center line of those facilitiesshall be the center line of the easement.
C. Prior to acquiring any easement of right-of-way, public servicecorporations will consider the feasibility of locating such facilities on,over, or under existing easements of rights-of-way. In the event any publicservice corporation owning a right-of-way shall deny a request of any otherpublic service corporation for joint use of that right-of-way, thecorporation whose request is denied shall have the right, within thirty daysafter the denial to apply to the Commission for an order requiring such jointuse. The Commission shall conduct a hearing on such application and shalldirect the corporation owning the right-of-way to allow joint use if theCommission finds that such joint use is reasonable and that the present orfuture public utility service of such corporation will not be adverselyaffected by such joint use. In making such determination, the Commission mayestablish the terms and conditions for such joint use, including, withoutlimitation, a requirement of compensation by the utility making the requestto the utility owning the right-of-way, if the Commission finds such arequirement to be appropriate.
D. In any case involving an application for a certificate pursuant to §56-265.2, the governing body of each locality in which a gas pipeline orelectrical transmission line would be located shall have the right to requestthe Commission to consider directing a joint use of right-of-way within thatlocality pursuant to the standards in subsection C of this section, providedthat the governing body shall file its request no later than the date forpublic comment on the application established by the Commission.
E. A renewable generator, as defined in § 67-1100, should where feasiblelocate distribution facilities, as defined in § 67-1100, that are required toconnect its renewable energy facility that generates electricity to theelectric distribution grid, to distribute steam generated at such facility,or to distribute its landfill gas to customers or a natural gas distributionor transmission pipeline, as applicable, on, over, or under existingeasements of rights-of-way of a public service corporation. The renewablegenerator shall request joint use of the right-of-way from the public servicecorporation that owns the easement of right-of-way and shall offer to enterinto an agreement that will specify the terms and conditions, includingrental, under which such joint use will occur. The compensation to be paid tothe public service corporation for such joint use shall be as negotiatedbetween the public service corporation and the renewable generator. If anypublic service corporation owning an easement of right-of-way shall deny arequest for the joint use of that right-of-way, the renewable generator shallhave the right, exercisable within 30 days after the denial, to apply to theCommission for an order requiring such joint use. The Commission shallconduct a hearing on such application and shall direct the public servicecorporation owning the easement of right-of-way to allow joint use if theCommission finds that such joint use is reasonable and that the present orfuture public utility service of such corporation will not be adverselyaffected by such joint use. In making such determination, the Commission mayestablish the terms and conditions for such joint use, including, withoutlimitation, the rental compensation that the renewable generator shall pay tothe public service corporation owning the easement of right-of-way. Theprovisions of this subsection shall not apply to railroads.
(Code 1919, § 4062; 1964, c. 523; 1968, c. 534; 1972, c. 519; 1979, c. 309;2001, cc. 745, 752; 2009, c. 807.)