2793
. (a) Upon receipt from the park or community owner of a
deposit representing the gas or electric corporation's estimated cost
of the engineering evaluation, the gas or electric corporation
shall, within 90 days, do all of the following:
(1) Develop an engineering plan for bringing the gas or electric
system to the standard described in Section 2794, incorporating all
relevant documentation including plans, drawings, engineering
studies, and other existing documentation provided by the park or
community owner, and considering incorporation of all portions of the
gas or electric system found to be used, useful, and compatible.
(2) Develop an appraisal of the value to the gas or electric
corporation of the physical plant and equipment found to be used,
useful, and compatible that comprise the gas or electric system, or
both, to be transferred, including an estimate of the remaining
useful life of the gas or electric system. The value to the gas or
electric corporation shall take into consideration the expenditures
by the park or community owner to comply with the criteria
established in Section 2794.
(3) Present a proposal, in sufficient detail to serve as a bid
document for the transfer of ownership of the system to the gas or
electric corporation.
(b) The proposal may be based on either of the following
approaches or as the park or community owner and the gas or electric
corporation mutually agree:
(1) The park or community owner is responsible for all
construction and equipment replacement activity, if any, at the park
or community owner's expense less any credits or allowances, if any,
including credits or allowances based on incremental increases in the
gas or electric corporation's revenues associated with the park or
community owner's investment in the gas or electric system. The
construction and equipment replacement and the credits and allowances
shall be based on the principles established in the gas or electric
corporation's line and service extension rules, if applicable.
(2) The gas or electric corporation shall pay the park or
community owner for the appraised value to the gas or electric
corporation of any gas or electric distribution facilities found to
be used, useful, and compatible. If any new facilities are necessary,
the park or community owner shall be responsible for the costs of
the excavation, installation of substructures, conduit and meter
panels, and surface repairs. Except as provided in paragraph (4) of
subdivision (c), the gas or electric corporation shall be responsible
for the costs of any additional construction and equipment
replacement, including cabling and transformers.
(c) The proposal shall include the following:
(1) A description of construction and equipment replacement
activity, if any, to be accomplished at the park or community owner's
expense.
(2) Requirements for any additional provisions or rights for the
construction or maintenance of public utility facilities on park or
community premises, including easements and rights-of-way acceptable
to the gas or electric corporation.
(3) Any specific requirements or costs, or both, with respect to
the presence of used and useful materials or equipment that are
nonstandard, including, but not limited to, inventory requirements,
specialized equipment requirements, or specialized personnel or
training.
(4) Any specific requirements or costs, or both, with respect to
the presence of exceptional construction conditions or operation and
maintenance conditions.
(d) If the actual cost of the engineering evaluation is greater
than the gas or electric corporation estimate, the park or community
owner shall pay the gas or electric corporation the difference within
30 days of receipt of notice. If the actual cost of the engineering
evaluation is less than the deposit, the gas or electric corporation
shall pay the park or community owner the difference within 30 days.
The content of the proposal shall become the property of the park or
community owner.
(e) Within 90 days of receipt of the proposal for transfer of
ownership, a park or community owner may do any of the following:
(1) Present objections to the gas or electric corporation in
writing for resolution and may require mediation of the commission if
the parties are unable to resolve the objection.
(2) Decline to proceed, without prejudice to the right to present
a new notice at any future date.
(3) Accept the proposal and contract with the gas or electric
corporation for completion of the construction work and equipment
replacement, if any, or the acquisition of the gas or electric
system, or both.
(4) Accept the proposal and contract with an approved third party
for completion of the construction work and equipment replacement, if
any, in accordance with the applicable gas or electric corporation
applicant installation rules.
(f) Any new facilities provided by the gas or electric corporation
to extend distribution or service facilities from the existing gas
or electric corporation system within the park to previously
undeveloped locations shall be provided in accordance with line
extension rules and service extension rules contained in gas or
electric corporation tariffs filed with the commission, including any
and all free extensions, allowances, and advances subject to refund.
(g) Upon completion of construction work and equipment
replacement, if any, receipt of appropriate inspection approval from
the gas or electric corporation and authorities having jurisdiction
for the inspections, and completion of all financial transactions
among the parties, the park or community owner shall transfer and the
gas or electric corporation shall acquire ownership and operational
responsibility for the gas or electric system.
(h) Upon receipt of the proposal described in paragraph (3) of
subdivision (a), the park or community owner shall notify the park
residents concerning the pendency of a transfer process request and
the provisions of the transfer process law.