construct our facilities. We do not agree that he/she is. <br />Finding. This section has not been interpreted by the City as an intent to instruct <br />utility providers in the technical components of their operations. What could occur, as an <br />example, is that the City may require changes in construction techniques involving staging, <br />excavation, bac.kfill, and surface restoration.. No changes were made to the rule or manual <br />as a result of this comment. <br />Comment 5. In Section 2.A of the Manual, titled General, in line one you state "no <br />person or municipal utility" shall perform work affecting the public way without first <br />obtaining a permit from the City Engineer. NW Natural is neither a person nor a municipal <br />utility and thus we suggest a change to "no person, franchised utility or municipal utility" <br />which is consistent to the language used elsewhere in the proposed draft. <br />Finding., Although the quoted language is a direct quote from Section 7.290(2) of <br />the Eugene Code, 1971, and while it does not specifically state franchised utility, the <br />interpretation includes franchised utilities. The definition of franchised utility is used in <br />other areas of this Administrative Order to .provide clarity, and including "franchised utility" <br />in this sentence would provide consistency. The subsection has been revised as proposed. <br />Comment 6. Although we have no problem with a timely notification to the parties <br />mentioned in Section 2.E of the Manual titled Emergency Permits, the City needs to <br />understand that when a serious natural gas emergency occurs, due to our commitment to <br />public safety; ~i e are required to respond to that emergency immediately and our notification <br />to the City ma~° not be the first item of importance. We will however notify all applicable <br />parties as soon as reasonable possible. <br />Finding. Although there were no changes proposed by this order to the emergency <br />notification language, a response to this comment is being provided. Notifying the City is <br />no different than an emergency locate sent to OUNC, which is required by State law. <br />..Utilities have staff who receive and place phone calls, including emergency calls, and it is <br />not unreasonable to require that notification be given to the City in case of an emergency. <br />While it may not be the utility's first priority, it is a requirement. When a utility experiences <br />an emergence. it may also require an emergency response from City crews to restore City <br />services. Prompt notification provides the City an opportunity to be pro-active and possibly <br />provide help or essential services. No changes were made to the rule or Manual as a result <br />of this comment. <br />Comment 7. The Restoration from Construction Work, issue is mentioned numerous <br />times and in numerous areas of this draft of the Manual and we need to note that we do not <br />agree to the language "site returned to a condition as good as or better than that prior to the <br />work being performed". We pride ourselves in leaving construction sites in excellent <br />condition when we leave the site, but we do not have any intentions to accept "betterment" <br />Administrative Order - 4 r:\adminord\rules\OOrowrl2ao.wpd(09/13/00) <br />