AMENDMENT(S) PROPOSED BY THE SENATE

COMMERCE AND LABOR

1. Line 315, introduced, after in the aggregate,

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a history

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an average

COMMERCE AND LABOR

2. Line 320, introduced, after this title

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and shall

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. (period)

COMMERCE AND LABOR

3. Line 322, introduced, after underground facilities

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presume

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There shall be a rebuttable presumption

COMMERCE AND LABOR

4. Line 602, introduced, after line 601

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3.  That when an investor-owned incumbent electric utility proposes to improve electric service reliability pursuant to clause (iv) of subdivision A 6 of § 56-585.1 of the Code of Virginia by installing new underground facilities to replace the utility’s existing overhead distribution tap lines, if the utility owns the poles from which the existing overhead distribution tap lines are to be relocated and any cable operator of a cable television system, as those terms are defined in § 15.2-2108.19, has also attached its facilities to such poles, the utility shall provide written notice to the cable operator of the utility’s intention to relocate the overhead distribution tap lines and to abandon or remove such poles not less than 90 days prior to relocating the utility’s overhead distribution lines.  The cable operator shall notify the utility within 45 days of the notice of relocation whether the cable operator will relocate its facilities underground.  If the cable operator elects to relocate its facilities underground, in such notice the cable operator may request that the utility use commercially reasonable efforts to negotiate a common shared underground easement for the facilities to be located underground of  the utility and the cable operator.  The cable operator shall be responsible to negotiate any additional easements that it may require.  If the cable operator elects to relocate its facilities underground, the cable operator may participate with the utility in a joint relocation of the overhead lines to underground or may engage its own contractors to undertake its relocation work if it deems it appropriate to do so.  If the cable operator may legally retain the poles that the utility intends to abandon and the cable operator wishes for its facilities to remain attached to the poles, the utility may convey such poles “as-is” and “where-is” to the cable operator at its depreciated cost less the estimated cost of removal, provided the cable operator assumes all liability for the pole and obtains an easement from the property owner for the use thereof on or before the date the poles are conveyed to the cable operator.  In all cases, the cable operator shall be responsible for all costs related to the relocation of cable facilities and, unless otherwise agreed between the utility and the cable operator, the cable operator shall cease all use of such poles and shall relocate or remove its facilities from the poles on or before 90 days after the utility gives written notice to the cable operator that it has relocated its distribution tap lines underground.  The utility shall not abandon or remove the poles that the utility owns until the cable operator completes the relocation or removal of its facilities or 90 days after the completion of the relocation of the utility overhead distribution lines, whichever first occurs.