SeCTIONS:
5.0: Rights-Of-Way and Easements
As a condition of becoming a Member of NEC or otherwise permitting electricity or electric service to be delivered to its property, the property owner has granted to NEC an Easement, Rights-of-Way, license and permission to pass over or through the property as necessary to operate, repair and maintain NEC facilities. In the event any additional Easements and Rights-of-Way, licenses or permissions are required to extend NEC’s system to provide service to that property, the property owner shall grant to or acquire for NEC such rights. Failure of the property owner to allow NEC access to any of its facilities on an owner’s property or any attempt to deny any Easement, Rights-of-Way, license or permission to NEC for the purposes stated herein shall be grounds for NEC to refuse to initiate or continue service on that property.
As a convenience to individuals, NEC may choose to process the easement or Rights-of-Way, provided accurate information is readily available and the Consumer provides a copy of the property description from the deed or other legal document acceptable to NEC. The Consumer, however, shall remain responsible for all costs of obtaining Rights-of-Way, easements, license and permits.
Commercial services and residential subdivisions shall be required to provide NEC with a digital AutoCAD file as recorded and approved by the City, County or Municipality having jurisdiction. Refer to subsection 4.40 E.
The Consumer or developer shall clear the utility Rights-of-Way, including but not limited to, removal and disposal of trash and obstacles such as bushes and trees. NEC shall have no obligation to commence construction or continue construction of any line or connect service if the Consumer or developer fails to timely clear the Rights-of-Way in a manner acceptable to NEC; provided, however, NEC, in its discretion, may clear the Rights-of-Way for a fee to be negotiated by NEC, if mutually agreed between NEC and the Consumer or developer. Once a Rights-of-Way has been cleared and the line therein constructed and accepted by NEC, the Rights-of-Way will be maintained by NEC for vegetation which may cause an unsafe condition for NEC’s electrical facilities.
Refer to Section 5.30 for Consumer limitations in Rights-of-Way.
5.10 Operation and Maintenance of Electrical System
NEC shall have the right to enter upon any portion of the Consumer’s property as it deems necessary to inspect, operate, maintain, construct, change, alter, improve, repair and make additions and subtractions to its facilities as NEC may from time to time deem advisable, including by way of example and not as a limitation, the right to increase or decrease the number of conduits, poles, wires, cables, handholds, manholes, connection boxes, transformers, and transformer enclosures.
5.20 Consumer Work On Facilities Adjacent to or Within Rights-Of-Way Easement
When NEC discovers that Consumer or the Consumer’s agent is performing work, or has constructed facilities, adjacent to or within an easement or Rights-of-Way of NEC and such work, construction or facility poses a hazard or is in violation of federal, state or local laws, ordinances, statutes, rules or regulations, or significantly interferes with NEC’s access to equipment, NEC shall notify the Consumer or Consumer’s agent and shall take whatever actions necessary to eliminate the hazard, obstruction or violation at the Consumer’s expense.
5.30 Rights-of-Way Limitations: Prohibited Houses, Structures, Trees and Shrubs
The Consumer shall not construct or otherwise permit any structure, tree or shrub to be placed in or to extend into NEC’s easements or Rights-of-Way or otherwise be placed in a position where any part of a power line (transmission, primary, secondary, or service) will cross over any part of the structure. However, NEC may allow existing houses, structures, trees and shrubs to remain located in its easements or Rights-of-Way, provided all the following apply:
A. The structure, including any appurtenance, and the tree or shrub complies with the NESC and any other applicable national, state or local laws, rules, regulations and codes or such violation is deemed waivable by NEC.
B. NEC determines the structure, including any appurtenance, and the tree or shrub does not create an unreasonable obstacle to NEC or its property.
C. The owner signs a waiver form releasing NEC of any liability, warranting no other structure, appurtenance, tree or shrub will be added and agreeing to remove or relocate the structure, tree or shrub if requested by NEC.
D. No other hazard or violation of the policy of NEC is in existence.
E. The building or structure does not extend into the Rights-of-Way more than 25% of total Rights-of-Way or is not closer to the power line than allowed by the NESC but in no event closer than five (5) feet.
5.40 Tree and Shrubbery Maintenance
When tree limbs touch or fall on power lines or shrubbery interferes with power lines, they can cause various problems, such as electrical outages, line losses, property damage, personal injury and fires. Outages can also affect traffic light controls, residents on life-support systems, and other vital public facilities. Tree limbs that strike wires are a major cause of power outages, especially during the summer monsoon and winter seasons. A strong policy requiring the regular maintenance of trees and shrubs is necessary to help eliminate safety hazards and to ensure system reliability.
5.41 Ten (10) Foot Circle of Safety
It is NEC’s policy to require a minimum of ten (10) feet of clearance around all of its power lines. Arizona utilities, including NEC, are required by law to prohibit anyone from pruning trees and shrubs within ten (10) feet of high voltage power lines other than a qualified line clearance tree trimmer. Pruning trees and shrubs near any power line can be very dangerous and should be left to specially qualified line clearance tree trimmers.
5.42 Trees and Shrubs in NEC Rights-of-Way
NEC prohibits the planting of unapproved trees and shrubs within its Rights-of-Way and easements. The Consumer is responsible for ensuring trees and shrubs on the Consumer’s premises do not encroach upon NEC’s Rights-of-Way or easements or create a hazard or obstruction to the public or NEC’s system. NEC’s policy is to remove trees and shrubs within its Rights-of-Way and easements and to trim or prune trees and shrubs extending into its Rights-of-Way and easements on a regular cycle. The Consumer may be charged an Onsite Service Fee for this service.
5.43 Notice and Procedure
NEC shall have complete discretion to determine which trees and shrubs to remove and the manner in which it trims or prunes the tree and shrub located within or extending into its Rights-of-Way, easements or the ten (10) foot circle of safety. NEC shall not be liable for any damages to the trees or shrubs resulting from removal, trimming or pruning.
Only NEC personnel or a professional contractor that certifies in writing that he is qualified to work around energized power lines may perform removal, trimming and pruning activity within NEC’s Rights-of-Ways and easements. No removal, trimming or pruning activity shall be undertaken in NEC’s Rights-of-Way or easements or near high voltage power lines without prior notice to NEC and such activity shall be in strict compliance with all requirements of safety laws.
Except where an immediate hazard is present or the tree or shrub has caused or appears to be likely to cause an immediate outage:
A. NEC shall:
1. Make a reasonable effort to provide the Consumer with forty-eight (48) hours notice that it will be conducting removal, trimming and pruning activities in the Consumer’s area, and
2. Attempt to provide the Consumer with prior notice if NEC intends to remove any mature trees on the Consumer’s premises.
B. If the Consumer requests time to have the pruning, trimming or removal performed by someone other than NEC, NEC will provide the Consumer a reasonable time to accomplish the removal, trimming or pruning; provided, however, the Consumer must have the work completed prior to NEC completing its trimming and pruning in the general vicinity. NEC reserves the right to refuse to allow any person to work near its power lines. NEC also reserves the right to remove, trim, or prune any tree or shrub that has not been removed, trimmed, or pruned in accordance with the standards of NEC.
5.44 Maintenance Around Service Lines
The Consumer is solely responsible for maintaining trees and shrubbery near service lines on the Consumer’s property leading from NEC’s power pole to the Consumer’s home or business. If NEC determines that the tree or shrubbery in question is an ongoing hazard, or does not comply with safety laws, the tree or shrubbery must be immediately removed, trimmed or pruned as deemed necessary by NEC to remove the hazard. If the Consumer fails to remove, trim or prune the tree or shrubbery after notice by NEC, NEC may remove, or at NEC’s discretion, trim or prune the tree or shrub at the Consumer’s expense. NEC strongly recommends that Consumers hire a professional line clearance tree trimmer and be assured in writing that the tree trimmer is qualified to work around energized power lines in fulfilling this responsibility.
