(a) Three-year plan. On the first day of October, each utility shall prepare and submit to the Department a plan, in a format specified by the Department, that shows all foreseeable excavations in the paved portion of the right-of-way anticipated to be done in the next three years or a statement that no excavations are proposed. The utility shall report to the Department promptly any changes in the plan as soon as those changes become reasonably foreseeable.
(b) Disclosure of information in the plan. The Department may disclose information contained in a three-year plan to another utility only on a need-to-know basis in order to facilitate coordination and avoid unnecessary excavation. If a utility clearly and appropriately identifies information contained in the plan as proprietary, a trade secret, or otherwise protected from disclosure, then to the maximum extent permissible under federal, state, and local laws applicable to public records, the Department may not disclose that information to the public. If the Department determines that information is not clearly or appropriately identified, the Department shall notify the utility that the Department intends to disclose the requested information unless ordered otherwise by a court.
(c) County plan. The Department shall prepare a five-year repaving plan showing all proposed repaving and reconstruction in the paved rights-of-way, revise and update the plan on an annual basis after receipt of the three-year plans from the utilities, and make the plan available for public inspection.
(d) Coordination. The Department shall review the three-year plans and identify conflicts and opportunities for coordination of excavations in the paved rights-of-way. Each applicant shall coordinate, to the extent practicable, with each potentially affected owner and permittee to minimize disruption in the right-of-way.
(1985 Code, Art. 25, § 25-3-401) (Bill No. 15-02; Bill No. 63-04; Bill No. 53-06)