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<br />to the Customer for any failure to deliver service because of <br />the Company's inability to secure or retain such rights-of--way, <br />privileges, franchises, or permits." <br />2. If a license is not possible and/or Duke Power's own internal policies prevent agreement <br />to such an arrangement, is Duke Power willing to agree to an easement with the provision <br />that if the use of the land changes in the future and the supply lines to the signal light <br />need to be moved, Duke Power will do so at its own expense? <br />Any relocation would be subject to Duke Power's customer requested relocation policy, <br />the relevant portions of which I have presented below. <br />"Customer's needs and desires for utilizing their property <br />change from <br />time to time, resulting in a physical conflict that <br />necessitates the <br />relocation of our facilities. If the requested relocation on <br />the customer's <br />property is associated with a project that will increase <br />revenue, the cost <br />of the relocation is offset by the estimated, additional three <br />year revenue <br />compared to the most cost effective and reliable design. If the <br />requested <br />relocation on the customer's property is solely for aesthetics, <br />that is, not <br />associated with a project that will increase revenue, the <br />requesting party <br />is responsible for the entire cost of the relocation. <br />This policy applies to the relocation of facilities of <br />like-kind, i.e., overhead to overhead, or underground to <br />underground." <br />3. Could Duke Power run the lines underground? <br />Underground service maybe provided subject to the provisions of Duke <br />Powers Underground Distribution Plan, which I have attached. <br />(This four-page document is included as an attachment to this memo. There do not <br />appear to be any provisions that would prohibit underground service.) <br />4. There was a question concerning the rationale behind installing a new pole between <br />Builder's First Source and the Valley Forge Road supply fine, rather than extending <br />service from the existing pole on Valley Forge Road. According to Richard Lloyd, <br />