045-28 Wyo. Code R. §§ 28-3 - Definitions

(a) "Cost of relocation" means the entire amount paid by a utility properly attributable to relocation after deducting therefrom any increase in the value of the new facility, any salvage value derived from the old facility, and any betterments installed.

(b) "Increase in Value" also referred to as "Expired Service Life Credit" is a credit deducted by the utility from the total cost of the project for any relocated or adjusted line segment that exceeds one mile in length and for the relocation or replacement of buildings, pumping stations, regulator stations, power plants, electric substations, or any similar operational unit.

(c) "Betterment Credit" is a credit deducted by the utility from the total cost of the project for increases in size or capacity of the relocated, replaced or adjusted facility, except that: replacement of devices or materials no longer regularly manufactured may be substituted with the next higher size or grade; and, except that improvements made to the relocated facility to bring the facility within requirements of current laws, governmental regulations, and appropriate regulatory commission codes shall not be deemed a betterment.

(d) "Salvage Credit" is a credit deducted by the utility from the cost of the project for the amount received from the sale of utility property that has been removed, or the amount at which the recovered material is charged to the utility's accounts if retained for reuse.

(e) "Department" means the Wyoming Department of Transportation created by W. S. 24-2-101.

(f) "Federal-aid highway system" means the federal-aid primary highway system, the federal-aid secondary highway system and the interstate highway system, including extensions of any of them within urban areas.

(g) "FAPG" means the Federal Highway Administration, Federal-Aid Policy Guide references to Title 23 - code of federal regulations (CFR) and specifically to part 645 A titled Relocations, Adjustments and Reimbursements, and 23 CFR 645 B titled Accomodation of Utilities.

(h) "Utility, Utilities, or Utility Companies," for the purpose of this regulation, means all publicly, privately, cooperatively, and municipally owned utilities, regulated or unregulated, supplying electric power, telephone, or natural gas services to or for the public.

(i) "Highway right-of-way" means all of the property acquired by the Department for the construction, operation, and maintenance of highways and related facilities whether or not a highway has been constructed thereon.

(j) "Roadway Template" means the area of the road embankment from the roadway centerline across the shoulder to the drainage ditch and/or up or down to an intercept of the constructed slope with natural ground.

(k) "Clear Roadway Recovery Area" also referred to as "Clear Zone" means an obstruction free vehicle recovery area adjacent to the road traveled lane.

(l) "License or License Agreement" means the document and exhibit drawing used to apply for permission to occupy highway right-of-way, which upon approval by the Department becomes the permit to do so.

(m) "Joint Occupancy Agreement" means the document and exhibit drawings used to denote utility facilities who have a previous prior right for relocation/adjustment reimbursement and were incorporated into new highway right-of-way and/or facilities who had a prior right and were relocated into existing or proposed highway right-of-way. This document specifies future obligation to reimburse relocation/ adjustment expenses to the utility. Whether the utility's easement is acquired by the Department or it is agreed upon to coexist in the same corridor without restricting each others property rights.

Notes

045-28 Wyo. Code R. §§ 28-3