Licking Rural Electrification Shows Flexibility In Meeting Village Requests to Protect Trees

In sharp contrast to encounters with other service providers, Licking Rural Electrification, Inc., showed significant flexibility and cooperation in working out a franchise agreement with the Village for electrical service to protect Village trees. Licking Rural Electrification (LRE) had its electrical franchise expire and, therefore, needed a new franchise agreement for the thirty some homes it services in the Village.  The franchise agreement allows LRE to run its power lines through Village public right of way.

Originally, LRE asked for a 40 year agreement to run its lines where ever it wanted under and over the Village’s public right of way. This would have permitted LRE to run overhead electrical lines with poles anywhere it wanted in the Village.  Currently, LRE’s lines in the northernmost section of the Bryn Du development and in the Milner Road area are underground lines.  Following the introduction of this ordinance a couple weeks ago, former Council Member and Mayor Dan Bellman provided Council with a proposed red line copy of this ordinance that removed references to overhead power lines. Bellman also added language requiring protection of Village trees in the Village right of way.

Following Bellman’s suggested revisions, Law Director Mike Crites contacted LRE officials and negotiated substantial language changes from the original ordinance language.  LRE agreed to several significant revisions of its original ordinance. With these changes, Village Council unanimously passed the ordinance at Wednesday night’s Council meeting on March 3, 2010.

These are some of the significant changes from the original language:

• The revised ordinance requires underground electrical lines. If LRE ever wants to install overhead lines, it first would have to request and receive the Village’s permission to do so.
• The revised ordinance specifically recognizes the Village’s interest in protecting its trees and requires LRE to recognize that interest.
• In the event of an accident or other problem, the revised ordinance requires the Village to notify LRE of a negligence action within 20 days, whereas the original ordinance required the Village to notify LRE within 10 days.
• The revised ordinance grants LRE a franchise for 20 years, with year-to-year renewals after that.  The original ordinance granted LRE a franchise in what amounted to a 40 year period, with year-to-year renewals after that.