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where no other practicable alternative exists. ATG believes that the rule should be clarified <br />to provide that when these circumstances exist, a permit application which is otherwise in <br />order shall be approved, subject to reasonable conditions necessary to protect the City's <br />investment in the newer paving. <br />Finding. The City's authority to approve, approve with conditions, or deny permit <br />applications is not intended to prevent facility installation, but to encourage preplanning by <br />the utilities in such a way as to protect the public health, safety and welfare. As drafted the <br />rule provides for an exception and a special permit fee for the exception; no additional <br />clarification is necessary. In addition, a formal appeal of the city's decision may be filed <br />under EC 2.021. No changes were made to the rule as a result of this comment. <br />Comment 2. R-7.302-C-2. ATG supports efforts to coordinate construction in the <br />public rights of way with other providers and the City. However, realistically, in many <br />instances, providers will not know 24 months in advance of their construction needs in the <br />City. Accordingly, this provision should be modified to state that the facility installation and <br />upgrade information shall be to the best of the provider's knowledge and information at the <br />time of filing, subject to updating at 6 month intervals for significant changes in and <br />.additions to plans. <br />Finding. The subsection states, "provide... a published list of proposed facility <br />installation or major upgrade projects anticipated to occur within the following 24 months." <br />The use of "proposed" and "anticipated" provides ample clarity with respect to a utility <br />provider's knowledge of future projects, and is focused on encouraging future planning on <br />the part of utilities who operate in the public way. No changes were made to the rule as a <br />result of this comment. <br />Northwest Natural: <br />Comment 1. On page one, line two you refer to "applicants wishing to perform work <br />or construction in, or to use, the public way". What does the term "work" relate to as <br />opposed to construction and could you provide some examples of such activities? <br />Finding. The phrase "work affecting the public way" is defined: in EC 7.290 to <br />include, but not be limited to "installation or construction of any structure, pipe, pole, <br />conduit, culvert, facility, including a communications facility, as defined by section 3.005 <br />of this code, or other wire line utilities in or on a public way; construction, reconstruction. <br />grading, oiling, repair, opening or excavation of a public way for any purpose; ...". As an <br />example, although trimming .trees in the right-of--way would not meet that definition, it may <br />still require a permit(s) under this or other provisions. of the code. No changes to the rule <br />were made as a result of this comment. <br />Comment 2. On Page two, Major Facility Upgrade, definition, there appears to be <br />Administrative Order - 2 r:\adminord\rules\OOrowrl2ao.wpd(09/13/00) <br />