Part PUC 802 Definitions

 

En 802.01 "Blasting" means "blasting" as defined in RSA 374:48, VIII, namely, "excavation by means of explosives."

En 802.02 "Damage" means any impact or exposure that results in the need to repair an underground facility due to the weakening or the partial or complete destruction of the underground facility, including, but not limited to, the protective coating, lateral support, corrosion control, or the housing for the line, device, or underground facility.

En 802.03 "Department" means the New Hampshire department of energy.

En 802.04 "Emergency situation" means a circumstance involving a clear and imminent danger demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services.

En 802.05 "Excavation" means "excavation" as defined in RSA 374:48, III, namely, "any operation conducted on private property or in a public way, right-of-way, easement, public street, or other public place, in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of any tools, equipment, or explosive, and includes but is not limited to drilling, grading, boring, milling, trenching, tunneling, scraping, tree and root removal, cable or pipe plowing, fence or sign post installation, pile driving, wrecking, razing, rending or moving any structure or mass material, but does not include the tilling of soil for agricultural purposes, landscaping and maintenance of residential property performed with non-mechanized equipment, landscaping activities performed with mechanized equipment that are intended to cut vegetation, including lawn edging, aeration, and de-thatching, excavations permitted or grandfathered under RSA 155-E, or replacement of department-of-transportation-installed delineator posts in the same location."

En 802.06 "Excavator" means "excavator" as defined in RSA 374:48, IV, namely, "any person performing an excavation."

En 802.07 "Extraordinary circumstances" means events or conditions other than normal operating conditions which exist and make it significantly impractical or impossible for an underground facility owner or member owning, operating, or both, an underground facility to comply with the provisions of En 800, including, but not limited to, hurricanes, tornadoes, floods, ice or snow, and acts of God.

En 802.08 "Hand digging" means any excavation involving non-mechanized tools or equipment and includes, but is not limited to, digging with shovels, picks, probing bars, and manual post hole diggers.

En 802.09 "Holiday" means any legal holiday pursuant to RSA 288:1 or, when such holiday falls on a Sunday, the following day pursuant to RSA 288:2.

En 802.10 "Locator" means a person acting on behalf of an operator to identify and mark the locations of underground facilities in accordance with En 806.

En 802.11 "Notification center" means the entity that performs the primary function of the system, is open to all operators within the state of New Hampshire, maintains a database of its members and operators and the specific geographic areas in which each of its members and operators desires to receive notice of proposed excavation, and which has the capability to transmit notices of proposed excavation to its members and operators by teletype, telecopy, personal computer, telephone, or other comparable means.

En 802.12 "Operator" means "operator" as defined in RSA 374:48, IV-a, namely, "any public utility as defined in RSA 362:2 or RSA 362:4, any cable television system as defined in RSA 53-C:1, and any liquefied petroleum gas company operating any jurisdictional facility or facilities as defined by the Natural Gas Pipeline Safety Act (49 U.S.C. chapter 601) that owns or operates underground facilities." This term also includes any rural electric cooperative for which a certificate of deregulation is on file with the commission pursuant to RSA 362:2, II, and any provider of voice over internet protocol service as defined in RSA 362:7, I(d) or IP-enabled service as defined in RSA 362:7, I(e).

En 802.13 "Person" means "person" as defined in RSA 374:48, V, namely, "any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, United States government or any agency thereof, political subdivision of the state, or any interstate body."

En 802.14 "Premark" means identifying the perimeter of the proposed site of an excavation by marking the perimeter in an appropriate manner as required in these rules.

En 802.15 "System" means "system" as defined in RSA 374:48,VI, namely, "the underground facility damage prevention system referred to in RSA 374:49."

En 802.16 "Tolerance zone" means an area surrounding an underground facility, which is equal to the width of the underground facility plus 18 inches measured horizontally on either side of the underground facility.

En 802.17 "Underground facility" means "underground facility" as defined in RSA 374:48, VII, namely, "any property which is buried, placed below ground, or submerged on a public way, private property, right-of-way, easement, public street, or other public place and is being used or will be used for the conveyance of cable television, electricity, gas, sewerage, steam, telecommunications or water."