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s <br />MEMORANDUM <br />TO: Paul Thames, County Engineer <br />FROM: R. Kevin Lindley, EIT, Engineering Associate <br />DATE: 6/12/03 <br />SUBJECT: Electrical Easement for Norfolk-Southern Signal Light <br />Duke Power was provided with a list of concerns regarding the electrical easement that they need to <br />extend power to a proposed Norfolk-Southern signal light. Ronald G. Osborne, Jr., a representative of <br />Duke Power, has responded to these concerns by email. Following is a list of the questions posed to <br />Duke Power and Mr. Osborne's responses. <br />If a license agreement in lieu of an easement is legally possible, would Duke Power <br />consider extending service under such an agreement, which the County Commissioners <br />could revoke if necessary at some unspecified time in the future? <br />A right of way conditional with any sort of terminable or revocable <br />terms is not acceptable. I offer Leaf V of the Duke Power Service <br />Regulations, as approved by the North Carolina Utilities Commission as <br />reference: <br />"The Customer shall at all times furnish the Company a <br />satisfactory and lawful right of way over his premises for the <br />Company's lines and apparatus necessary or incidental to the <br />furnishing of service. The Customer shall also furnish <br />satisfactory shelter for meters and other apparatus of the <br />Company installed on the premises, except where the Company <br />elects to install such equipment outdoors. <br />The Company may change the location of the right of way upon <br />request of the Customer, and may require the Customer to pay <br />the cost of the change. The change will not be made where it <br />will interfere with or jeopardize the Company's service, either <br />to the Customer requesting the change, or to any other customer <br />or customers. All privileges of the Company related to the <br />original location shall apply to the new location. <br />The obligation of the Company to supply service is dependent <br />upon the Company securing and retaining all necessary <br />rights-of--way, privileges, franchises or permits, for the <br />delivery of such service, and the Company shall not be liable <br />