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<br />~ <br />- <br /> <br />- <br /> <br />. <br /> <br />February 6, 2002 <br />Page 3 <br /> <br />distri bution lines with the authority of the uti I ity company to recover the extra costs associated <br />with this type of project by either collecting a payment voluntarily from the City or, in the <br />alternative, by imposing a rate surcharge on customers within the City. <br /> <br />In addition to the 2001 Regulations, the City has adopted regulations regarding the <br />construction of utilities within public rights-of-way. The Right-of-Way Management <br />Regulations state that anyone who disturbs the right-of-way needs to obtain a permit from the <br />City before the work is commenced. Although a contrary view can be expressed because <br />Lexington Avenue is a county road, in my opinion, the City's Right-of-Way Management <br />Regulations required Xcsl Energy to obtain a right-of-way permit from the City before <br />commencing the project. <br /> <br />Very tru y yours, <br /> <br />JPF:dra <br /> <br />