REGULATORY REQUIREMENTS 2006-2009 - CN Utility · • Trends in UVM regulatory requirements • Jurisdiction issues and an overview of existing UVM requirements • A state by state

REGULATORY REQUIREMENTS 2006-2009

Assessment performed for the 2010 CN Utility Consulting Utility Vegetation Management Benchmark & Industry Intelligence

Laws and Regulations 2006-2009 – Introduction

CNUC Utility Vegetation Management Benchmark and Industry Intelligence | Do Not Duplicate

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INTRODUCTION Background and Purpose The purpose of this supplement to the Benchmark is to provide the reader with an understanding of current and proposed regulations related to Utility Vegetation Management (UVM) activities in the United States. While various types of requirements will be discussed, the primary focus of this endeavor is geared toward requirements promulgated by State Public Utility Commissions.

This report contains:

• Trends in UVM regulatory requirements • Jurisdiction issues and an overview of existing UVM requirements • A state by state description of UVM regulatory requirements and current issues

The information contained in this report was accumulated through phone conversations with Commission Staff members, numerous visits to commission and state legislature Web sites, mailings to each state commission regulating the investor owned utility industry and some rural electric cooperatives and public utilities. While every effort was made to ensure the accuracy of this information, there were occasions when the Commission Staff members knew little about the subject at hand. As such, we had to rely on the staff’s understanding of their requirements. Additionally, and as will be explained in the body of this report, the information contained herein can change very rapidly.

Additional Sources of Information: Where appropriate, we have included information from the following sources to supplement discussion with Commission Staff members.

2006 and 2009 Regulatory Assessment: Similar assessment performed in 2000 by CN Utility Consulting.

2002, 2006 and 2009 CNUC Benchmarking: Ongoing CN Utility Consulting benchmarking with approximately 60 utility companies from across North America.

2004 Regulatory Assessment: Completed by IEEE.

2004 NRRI Survey: National Regulatory Research Institute (NRRI) Survey of Electric Reliability Policies

How to Use This Information This book of the benchmarking report should be viewed as a starting point for understanding current state regulatory UVM requirements. Where possible, we have highlights of the actual rules, identifying rule, statute or order numbers, and links to where the rules can be found. Quotation marks or italics have been used where lines or paragraphs of rules have been quoted. We have also listed many docket and case numbers for ongoing proceedings. If you would like additional information, you can either search for the documents online at the respective state Web sites or contact CN Utility Consulting. The excerpts of laws and rules contained in this review should not be considered official versions and the language may have changed since research was conducted by CNUC. For the official language and/or requirements, contact the appropriate agency, authority or publication.



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Trends in UVM Regulatory Requirements In the year 2000, CN Utility Consulting performed a similar industry survey in order to understand UVM regulatory requirements and trends. At that time, the dominant rule/requirement in the industry was NESC 218 (see discussion in next section). Few states had requirements other than to comply with the NESC, and few states perceived any problems associated with not having requirements that are more stringent. However, it now appears that the level of oversight and regulations is in the process of changing.

Some examples of UVM becoming a more visible issue for regulators are found in:

• 2004 Federal Energy Regulatory Commission’s (FERC) Report to Congress on UVM issues (Attachment 1)

• 2004 National Association of Regulatory Utility Commissioners (NARUC) Proclamation regarding UVM (Attachment 2)

Due to a wide variety of specific issues covered elsewhere in this report, our state and federal regulators appear to be moving toward greater scrutiny and oversight of UVM activities.

Jurisdiction Issues and an Overview of Existing UVM Requirements It is important to point out that regulatory oversight of UVM operations can come from several entities.

For Distribution Voltages: Oversight of utility maintenance and operational activities is usually provided by State Public Utility Commissions.

For Transmission Voltages: Oversight of utility maintenance and operational activities is usually provided by the federal and regional agencies or organizations. It can also come from the State Public Utility Commissions.

For UVM Fire Prevention requirements (all voltages): Oversight can occur at the local, state or federal level.

Each of these entities and the current general requirements will be discussed in the following pages.

Distribution Voltages The most common Commission rule specifically addressing UVM requirements appears to be the NESC Rule 218. Adopted by most states, this rule provides general guidelines for utility companies. The current language (2007) of 218 is as follows:

A. General

1. Vegetation that may damage ungrounded supply conductors should be pruned or removed. Vegetation management should be performed as experience has shown to be necessary.

NOTE: Factors to consider in determining the extent of vegetation management required include, but are not limited to: line voltage class, species' growth rates and failure characteristics, right-of-way limitations, the vegetation's location in relation to the conductors, the potential combined movement of vegetation and conductors during routine winds and sagging of conductors due to elevated temperatures or icing.

2. Where pruning or removal is not practical, the conductor should be separated from the tree with suitable materials or devices to avoid conductor damage by abrasion and grounding of the circuit through the tree.



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B. At line crossings, railroad crossings and limited-access highway crossings.

The crossing span and the adjoining span on each side of the crossing should be kept free from overhanging or decayed trees or limbs that otherwise might fall into the line. While the NESC rule is the most common in the industry, it does not contain prescriptive or mandatory language. The NESC provides very general instructions to prune and remove trees that “may” interfere with the lines. It is very subjective and can be variously interpreted. For example, two of our benchmarking participants considered it an actual “mandatory clearance requirement,1

” while most others said it had absolutely no impact on their operation.

Other Commission Rules and Requirements While most states do require compliance with the NESC, many states have also expanded UVM requirements to include other requirements. For example:

UVM Reporting: Many states have certain reporting requirements regarding UVM, other than just an accounting of expenses. For example, the state of Connecticut requires an annual submission of UVM program progress.

Mandatory Clearance Requirements: California and Oregon are currently the only states that have Commission promulgated mandatory clearance requirements that are in effect 24 hours a day, seven days a week. These rules require utilities to achieve and maintain specific clearances between any vegetation and energized primary or transmission lines. In California, failure to comply could result in fines of upwards of $20,000 per tree. California also has very restrictive fire law clearances that must be maintained during certain times of the year and in certain locations.

Mandatory Cycles: Several states have either adopted or are considering adopting mandatory cycles for UVM work in the state. For example, the Oklahoma Corporation Commission currently requires that all utilities comply with a four year (or less) cycle for UVM work.

Mandatory Notification: There are states such as Wisconsin and Virginia that define and require specific notification procedures for utilities.

Commission Audits: Some states such as Wyoming and Illinois perform annual field audits of UVM activities.

Storm Hardening Plans: States that have dealt with massive storm damage in recent years and have regions in the path of storm tracks may be required by the utility commission to submit a storm hardening plan that details specific vegetation management initiatives to minimize risk and maximize the ability to respond when storms do occur. Florida and Oklahoma are two states with Storm Hardening Requirements.

Reliability requirements: Many states have written comprehensive distribution reliability requirements into their electric service codes. Some specifically regulate UVM. Others define a standard of reliability and how it is maintained, which by necessity will include vegetation management. In the latter rules, vegetation management may not be written in the law, but it is probable that commissions will stipulate a reliability based UVM program in filings or later orders if the reliability standard is not met by the utilities.

1 Mandatory clearance requirements require that no vegetation encroach within prescribed clearance limits. NESC 218 does not include specified mandatory clearances.



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Transmission Voltages Since many transmission lines are interconnected and cross state boundaries, oversight is currently performed at a federal level. The principal agency in charge of oversight of the transmission systems is the Federal Energy Regulatory Commission (FERC). In addition, the North American Electric Reliability Council (NERC) and the Regional Reliability Organizations (RRO2

Prior to 2006, UVM work along transmission lines and corridors was primarily influenced by NESC 218 (see discussion on NESC 218). In February of 2006, NERC adopted new and comprehensive UVM requirements (FAC-003) for transmission lines in North America. These new requirements go well beyond any earlier requirements and include the following key provisions:

) provide additional support and oversight of many current transmission activities.

• Define inspection schedules. • Clearance requirements at the time of maintenance. • Perpetually maintained minimum clearances. • Annual Plans: All utilities must prepare and update UVM plans. • Appropriate qualifications and training: All utilities must have qualified workers in all aspects of

transmission UVM. • Plans for mitigating obstacles: All utilities must address and resolve such issues as refusals and

agency obstacles. • Imminent Threat communication procedure: Utilities have to show they have a communication

plan for removing vegetation conditions that have a high probability of causing, in the very near future, an electric interruption on a regulated transmission facility.

• Quarterly reporting to the Regional Entity3

• Mandatory Clearance Requirements for all transmission lines: All utilities must develop, track and comply with mandatory clearance requirements for all lines 200kv and above

(RE): All utilities must track and report tree-related outages to the appropriate RRO.

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While these requirements were initially considered voluntary, they became law in 2007. Utilities that do not comply with these requirements may potentially face fines upwards of $1 million per violation, per day.

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These new requirements have impacted every UVM program in North America. As such, we recommend readers become familiar with the entire content of these new requirements. The full text is attached at the end of this book.

Fire Rules and Regulations The following UVM fire related rules are currently the most prevalent in the industry. Adoption of these rules can occur at a local, state or federal level.

The Urban-Wildland Interface Code (UWIC) This fire code was developed under a grant from FEMA and can be adopted by any jurisdiction. It is the most current model fire code for mitigating urban-wildland fires. The following represents the key provisions of the UWIC as it relates to UVM activities:

2 The designation of Regional Reliability Organization (RRO) and has recently been changed to Regional Entity (RE). 3 The Regional Entity provides the current oversight of most transmission operations in a given geographic area. The RE’s report to the National Energy Regulatory Corporation (NERC). 4 The requirements can also apply to <200kV if they are deemed, and designated, as being critical to the bulk power system.



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1. Prohibits the planting of any trees which, at maturity, will grow within 10 feet of any energized conductors.

2. Ensures that landscaping plans are reviewed so that the right tree is planted in the right place, prior to building on the property.

3. Contains the Six-Inch Rule. It requires utility companies to prune trees to achieve a maximum clearance at time of pruning, and from that point thereafter, never allowing the vegetation to grow within six inches of a typical primary voltage conductor.

4. Requires utility companies to clear vegetation at the base of certain poles, and as directed by the local fire authority.

5. Describes and authorizes a utility response to emergency tree and line conflicts. The Uniform Fire Code (UFC) This code has been updated to reflect the six-inch clearance requirements found in the UWIC. Prior to this change, the UFC required maintaining a four-foot radial clearance between vegetation and primary conductors. It also required the clearing of all poles5

Wildland Urban Interface (WUI) and Community Wildfire Protection Plans (CWPP)

in fire areas. The UFC does not contain the right-tree/right-place provisions.

Wild Urban Interface acreage is growing due to the growth of population in suburban-rural areas. In the south alone, more than 88 million acres have been classified as WUI. The southern state with the most acreage is North Carolina. Identified communities in the WUI areas are target areas for fuel reduction and wildfire protection. Community Wildfire Protection Plans have provided 4,800 communities in the US with tools and resources to develop ways to reduce the risk of wildfires and to restore health to surrounding forests. There are still as many as 50,000 communities at very high risk in the south from Texas to Florida, where, on average, almost a million acres a year are consumed by fire.

In California, Oregon and Nevada, line clearance operations must follow strict fire prevention rules for much of the year. Not only are preventative measures taken, but crews have to be prepared for responding to a fire. Some utility companies require crews, including one person in a small vehicle, to carry firefighting equipment. In some areas, masticating operations are required to have specialized water tankers within a certain distance of masticating machines.

The following are some links to learn more about wildland fires.

• Andreu and Hermansen-Báez (2008) www.southernwildfirerisk.com/reports/FireInTheSouth2.pdf

• US maps of Wildland-Urban Interface http://silvis.forest.wisc.edu/projects/WUI_Main.asp • http://www.nifc.gov/fire_info/fire_stats.htm • http://www.wildfireprograms.com/index.html

The Cost and Feasibility of Complying with Mandatory Clearance Requirements: Questions Worth Considering When looking at all of the types of UVM regulations, there are none that have a more direct and immediate impact than do mandatory clearance requirements. We know that the adoption of GO 95 Rule 35 in California resulted in utilities tripling their UVM budgets, at least initially. Another lesson

5 Poles must be cleared of all flammable material (vegetation, etc) to a 10 foot radius at the base of the structure.

http://www.southernwildfirerisk.com/reports/FireInTheSouth2.pdf�

http://silvis.forest.wisc.edu/projects/WUI_Main.asp�

http://www.nifc.gov/fire_info/fire_stats.htm�

http://www.wildfireprograms.com/index.html�



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learned from 24/7 mandatory clearances is that a small company might be able to comply 100% of the time, but a large company has exponentially more difficulty. A 1% margin of error on 2,000,000 trees managed by a big utility still results in 20,000 trees possibly being out of compliance. A smaller utility, on the other hand, may only need to manage a lesser population of trees.

Despite the large cost of mandatory clearance requirements, the California Public Utility Commission has recently adopted even more stringent clearance requirements for fire prone southern California, and is investigating the possibility of increasing this geographical area.

The viewpoint may be shifting on mandatory clearances, because they are now a part of federal regulations and utility companies are facing powerful incentives from their commissions to maintain reliability benchmarks. Still, the full assessment of success and failure for mandatory clearances, on distribution and transmission corridors, has not been determined. NERC reported the third quarter of 2009 had no grow-in outages reported on Federally Regulated transmission ROWs in the United States, a first in six years of tracking this data.[1]

Whether it happens by mandatory clearances or by reliability standards, a system free of tree-wire conflicts is closer to reality today than it was in 2002, when CNUC began the benchmark project. Cost tripling may still be seen as untenable, but there is no doubt a renewed effort aimed at protecting the North American grid is underway.

[1] Princeton, New Jersey North American Electric Reliability Corporation, December 21, 2009. http://www.nerc.com/fileUploads/File/PressReleases/PR_122109_Vegetation.pdf

Laws and Regulations 2006-2009 – Section 1: State by State UVM Regulatory Requirements


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SECTION I: STATE BY STATE UTILITY VEGETATION MANAGEMENT REGULATORY REQUIREMENTS NOTE: These laws and regulations change frequently. While the following did apply at the time we surveyed each state, they may have been changed subsequently.

Alabama

ALABAMA PUBLIC SERVICE COMMISSION http://www.psc.state.al.us

Pending UVM-Related Issues None identified. See discussion below

Highlights of Current Requirements Alabama automatically adopts new versions of the NESC

Rule 16 in the General Rules of the Alabama Public Service Commission require the utility to keep records of all service interruptions on their primary distribution system, including date, cause, duration and analysis of causes to determine prevention. Additionally, FERC and the commission have the same record keeping requirements.

Discussion Apparently, a prior Administrative Law Judge (ALJ) at the Alabama Commission thought that UVM was not a function the Commission had jurisdiction over. As a result, staff has not done much. However, there is new ALJ on board and he does consider UVM an area of oversight. Staff indicated it was very interested in UVM and they may start looking at it more closely in the near future.



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Alaska

REGULATORY COMMISSION OF ALASKA http://www.state.ak.us/rca/

Pending UVM-Related Issues None identified.

Highlights 0f Current Requirements Alaska requires compliance with the NESC. New editions are automatically adopted.

Discussion Based on discussions with staff, UVM is not currently an issue in Alaska.

Arizona

ARIZONA CORPORATION COMMISSION http://www.cc.state.az.us/

Pending UVM-Related Issues None identified

Highlights of Current Requirements

Arizona requires compliance with the NESC. New editions of the NESC are adopted only after appropriate rulemaking proceedings.

Companies who manage vegetation and are working closer than the standard minimum approach distance cited in the Arizona statute, (Article 6.4 Title 40 Chapter 2) must have made arrangements with the public utility operating the line or be subject to the following:

40-360.44. Violation; civil penalty

“A. A person or business entity or agent of the person or business entity who violates this article may be subject to a civil penalty in an amount not to exceed $5,000 dollars to be imposed by the court in favor of the state to be deposited in the general fund.



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B. If a violation of this article results in physical or electrical contact with any high voltage overhead line, the person or business entity violating this article is liable to the public utility operating the high voltage overhead line for all damages to the facilities and all costs and expenses, including damages to third persons, incurred by the public utility as a result of the contact.”

Discussion While there are few UVM regulatory issues in Arizona, wildland fires are of critical concern. Several jurisdictions have adopted the Urban Wildland Interface Code, which contains specific UVM requirements. (See UWIC discussion at beginning of this report.)

Arkansas

ARKANSAS PUBLIC SERVICE COMMISSION http://www.arkansas.gov/psc/

Pending UVM-Related Issues The Commission has an open investigation that is looking at the reliability of T&D systems within the state. This proceeding (04-067-U) includes a review of UVM activities at all Arkansas utilities. Several rate cases are also pending, however, there is no real focus on UVM issues in those proceedings.

Highlights of Current Requirements Arkansas requires compliance with the NESC. New editions are automatically adopted.

Records are required for all service interruptions and the commission must be promptly notified when 100 or more customers have service interrupted for more than four hours.

Discussion In the aftermath of the Northeast Blackout, the Arkansas Commission opened up an investigation to look at the reliability of both Transmission & Distribution systems. When FERC ordered all utilities to provide information regarding their transmission UVM activities, the Arkansas Commission expanded the request in the state to include the same information about Distribution UVM activities. Aside from providing an overview of Arkansas utility company UVM operations, these proceedings did not result in any changes to current requirements.



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California

CALIFORNIA PUBLIC UTILITY COMMISSION http://www.cpuc.ca.gov/

Pending UVM-Related Issues UVM is a regular issue in rate cases and maintenance proceedings at the Commission.

Rulemaking 08-11-005 is in process as this goes to press. This rulemaking started in November 2008 and is still in process. It addresses the following UVM issues in California: “Vegetation management in high risk fire areas. This proceeding may consider (i) increased inspection and [pruning] of vegetation near utility facilities; (ii) expedited [pruning] of vegetation that has been identified as needing to be [pruning]; and (iii) increased tree-to-line clearances...”1 In Phase 1, several revisions were made to GO 95, including a new Rule 18, changes to Rule 35 and changes to Table 1 in Rule 37. Currently the Commission is considering more changes that will affect vegetation management. At the time of this publication, Phase 2 was just getting under way: “Phase 2 may also consider whether to increase the geographic applicability of the vegetation clearance requirements...”2

Highlights of Current Requirements (Including Recent Revisions)

California does not adopt the NESC. The state has its own set of developed and promulgated rules. Current UVM requirements can be found in General Order 95 Rule 35, 37. For a full report see: http://docs.cpuc.ca.gov/gos/index.html.

Rulemaking 08-11-005, Phase 1

The recently adopted interim California GO 95 revisions include modifications to minimum allowable clearances. (See changes made in Table 1, Rule 35 below.) These modifications result in a more consistent application of clearance requirements throughout the “Extreme and Very High Fire Threat Zones” in Southern California, and require the application of these clearance rules on a year round basis, not just during the fire season. As these are interim revisions, the Commission states: “We intend to evaluate proposals to further expand vegetation clearances in phase 2 of this proceeding. Accordingly, we designate our revisions as interim.” Another promulgation resulting from R.08-11-005 is Rule 18. Although vegetation management is not mentioned, Rule 18 is directed squarely at the fire dangers associated with vegetation in close proximity to electrical conductors. Hopefully, Phase 2 will give specific direction on the implementation of this new rule.

Rule 18 - A Reporting and Resolution of Safety Hazards Discovered by Utilities: “Each company (including utilities and CIPs) is responsible for taking appropriate action to remedy safety hazards and GO 95 violations posed by their facility…. company records shall show the nature of work, the date and identity of persons performing the work. …. the utility shall document the current status of the safety hazard, including whether it’s located in Extreme of Very High Fire Threat Zone in Southern California, and shall include a scheduled date of

1 “Order Instituting Rulemaking to Revise and Clarify Commission Regulations Relating to the Safety of Electric Utility and Communications Infrastructure.” Rulemaking 08-11-005 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA November 6, 2009. Provider Facilities. 2 Ibid.



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corrective action.”3

Rule 35 requires all utilities to achieve and maintain specific clearance between energized power lines and vegetation. For example, a typical 12kV distribution line must have a minimum of 18 inches of clearance from any vegetation. Generally speaking, the higher the voltage, the larger the clearance requirement. The new revisions made to Rule 35 in August of 2009 change the language of this requirement. For example, “Where overhead wires pass through trees, safety and reliability of service demand that a reasonable amount of tree trimming be done in order that the wires may clear branches and foliage” has been changed to, “Where overhead conductors traverse trees and vegetation, safety and reliability of service demand that certain vegetation management activities be performed in order to establish necessary and reasonable clearances.” (Changes are in italics.)

A complete version of Rule 18 can be found at the following site: (http://docs.cpuc.ca.gov/gos/Resmajor/DesNo09-08-029/GO95/DesNo09-08-029-Rule%2018.htm)

Rule 37, Table 1 Minimum Allowable Clearances: Radial clearance of bare line conductors from vegetation in Extreme and Very High Fire Threat Zones in Southern California is 48 inches for voltages over 750 volts and 120 inches for voltages over 300kV and up to 500kV For voltages above 500kV, .4 inches is added for each kV. 750 kV clearance is 220 inches. For more information, visit the following sites:

• http://docs.cpuc.ca.gov/gos/index.html • http://docs.cpuc.ca.gov/gos/GO95/go_95_table_1.html • http://docs.cpuc.ca.gov/gos/OriginalGO95/Changes/rule_03_section_03.htm

Discussion California currently has some of the strictest commission promulgated requirements for UVM. Commission fines for a single violation of Rule 35 can be as high as $20,000 per tree that has encroached within mandated clearance limits. Because of these and other unique requirements, California utilities have UVM budgets that are typically two to three times larger than those found at utilities outside of the state. Of particular interest, in order to comply with these clearance requirements, California utilities have generally rejected the common “multi-year cycle based” strategy in favor of annual patrols of all lines subject to Rule 35. Additionally, California utilities have more robust post-auditing programs to ensure that no violations of clearance requirements are experienced.

In addition to Commission promulgated clearance requirements, California utilities are also subject to unique state-promulgated fire mitigation requirements. CA Codes (Public Resource Code: 4291-4299)

These requirements prescribe clearances (different from Rule 35) that must be maintained between vegetation and energized lines during certain times of the year, and in certain fire prone locations. These fire requirements also require utilities to clear all flammable brush at the base of certain distribution poles and towers during fire season, and address the issue of defensible space.

See the following link for California fire maps:

• http://www.fire.ca.gov/fire_prevention/fire_prevention_wildland_zones_maps.php

3 California GO 95, Rule 18 , A. Resolution of Safety Hazards And General Order 95 Violations.



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Colorado

COLORADO PUBLIC SERVICE COMMISSION http://www.dora.state.co.us/puc/


Current Requirements Colorado requires compliance with the NESC. Specifically:

4 CCR 723-3 3200(c). Any utility plant that was constructed or installed, and that is maintained and operated, in accordance with the National Electrical Safety Code in effect at the time of its construction or installation, shall be presumed to be in compliance with accepted engineering practice in the electric industry and with the provisions of this rule.

Discussion Based on discussions with staff, UVM is not an issue or concern in the state at present. The Commission recently re-codified their Electric Rules and it will likely be decades before they do it again. The new rules do not specifically reference UVM.

Connecticut

CONNECTICUT Department of Public Utility Control http://www.state.ct.us/dpuc/

Pending UVM-Related Issues None Identified.

Current Requirements Connecticut automatically adopts the NESC.

Additionally, the Department requires each electric utility to submit a distribution system vegetation management plan that is reviewed and approved by the Department every year.

16-32g.DPUC Statute Electric wire maintenance plans. Revised January 2008: View link for full description of Section 16-32g. (http://search.cga.state.ct.us/dtsearch_pub_statutes.html - Type 16-32g



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where it asks for Section Number) Section 16-32g states that each electric or electric distribution company shall annually submit to the Department of Public Utility Control “a plan for the maintenance of poles, wires… This plan shall include a summary of appropriate staffing levels necessary for the maintenance of said fixtures and a program for the trimming of tree branches and limbs located in close proximity to overhead electric wires where such branches and limbs may cause damage to such electric wires. The department shall review each plan and may issue such orders as may be necessary to ensure compliance with this section.”

Another Connecticut regulation, which may influence utilities is:

Sec. 23-46. Connecticut Statute Fire Wardens 449 Removal of cut brush along highways. No one shall “...leave piled for a period of more than ten days any cut brush, tree-growth or other inflammable material, except farm products… or articles exposed for sale, within 25 feet of any highway or 100 feet of any building, or in such a way as to endanger life or property.”

For more information, visit the following site: http://www.cga.ct.gov/2009/PUB/chap449.htm#Sec23-46.htm

Discussion The submitted annual plans by Connecticut utilities (Docket No. 05-12-02) are available online and provide excellent program descriptions for each Connecticut utility.

Delaware

DELAWARE PUBLIC SERVICE COMMISSION http://www.state.de.us/delpsc/

Pending UVM-Related Issues Highlights of Current Requirements New editions of the NESC are automatically adopted in Delaware. The state has also historically required outage reporting by cause. In 2006, Delaware adopted Administrative Code # 3007: Electric Service Reliability and Quality Standards. (http://regulations.delaware.gov/AdminCode/title26/3000/3007.shtml). It includes:

“7.3. As a maintenance minimum, each EDC (Electric Distribution Company) shall inspect all right-of-way vegetation at least once every four (4) years and trim or maintain as necessary, according to priorities to circuits that have had significant numbers of vegetation-related outages, while not unduly delaying the trimming of other circuits that inspections indicate currently need trimming. Vegetation management practices should be applied at least once every four (4) years except where growth or other assessments deem it unnecessary.”

“7.4. Each EDC shall maintain records of inspection and maintenance activities...”

“9.1. Prior to March 31 of each year, each EDC shall convene a stakeholder meeting offering opportunity for interested parties to discuss electric service reliability or quality concerns within Delaware…”



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“9.2. By March 31 of each year, each EDC shall submit a reliability planning and studies report to the Commission for review.”

“9.3 The report shall include the following information:”

“9.3.1 Objective targets or goals in support of reliable electric service and descriptions of planned actions to achieve the objectives;”

“9.3.5 The EDC's inspection and maintenance program, any amendments as required in Section 7, and any specific actions aimed at reducing outage causes;”

“9.3.7 Summaries of any changes to reliability related requirements, standards and procedures at PJM, MAAC, First Reliability Corporation, NERC or the EDC.”

“10.4 The Performance Report shall include annual information that provides the Commission with the ability to assess the EDC's efforts to maintain reliable electric service to all customers in the state of Delaware. This report shall include the following:”

“10.4.1 Current year expenditures, labor resource hours and progress measures for each capital and/or maintenance program designed to support the maintenance of reliable electric service, to include:”

“10.4.1.1 Transmission vegetation maintenance;”

“10.4.1.2 Transmission maintenance, excluding vegetation, by total, preventive, and corrective categories;”

“10.4.1.4 Distribution vegetation maintenance;”

Discussion Delaware is a state to watch. Staff is very interested in UVM.

Florida

FLORIDA PUBLIC SERVICE COMMISSION http://www.psc.state.fl.us/

Pending UVM Related Issues Docket No. 080677-E1 - Petition for increase in rates by Florida Power & Light Company.

Highlights of Current Requirements Docket No. 060198-EI, Order No. PSC-06-0351-PAA-EI

Issued: April 25, 2006,

The Plan Requirements

1. A Three-year Vegetation Management Cycle for Distribution Circuits, (See Below) 2. An Audit of Joint-Use Attachment Agreements,



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3. A Six-year Transmission Structure Inspection Program, 4. Hardening of Existing Transmission Structures, 5. A Transmission and Distribution Geographic Information System, 6. Post-Storm Data Collection and Forensic Analysis, 7. Collection of Detailed Outage Data Differentiating Between the Reliability, 8. Performance of Overhead and Underground Systems, 9. Increased Utility Coordination with Local Governments, 10. Collaborative Research on Effects of Hurricane Winds and Storm Surge, and 11. A Natural Disaster Preparedness and Recovery Program.

FPSC Order No. PSC-06-0351:

Requires:

• File a UVM plan with estimated costs. • Utilities to have more stringent UVM programs that will reduce storm damage. • Plans listing minimum UVM requirements. • Three year pruning cycle on feeder lines. • Submit a plan for lateral primary conductor UVM if not on three-year cycle.

The following Public Service Commission Rules have been installed into the Florida Administrative Code. All have an impact on vegetation management.

25-6.0341: Location of the Utility’s Electric Distribution Facilities.

Utilities have to place facilities adjacent to a road if feasible and cost effective.

25-6.0343: Municipal Electric Utility and Rural Electric Cooperative Reporting Requirements.

Requires submission of UVM Program Description with planned and completed accounts.

25-6.0455: Annual Distribution Service Reliability Report.

25-6.0342: Electric Infrastructure Storm Hardening.

Highlights of this PUC rule include:

• Requires cost effective strengthening of electrical system to withstand extreme weather conditions approved by the commission.

• Plans updated every three years. • Plans must include construction standards and how reliability will be enhanced.

Rule 25-6.0342: can be viewed in full at: https://www.flrules.org/gateway/ruleNo.asp?id=25-6.0342

163.3209: Electric transmission and distribution line right-of-way maintenance.

Highlights of this legislation include:

• Cities cannot require permits to perform UVM. • Five days minimum advance notice for routine maintenance. • If requested, utility must meet with local government and submit a UVM plan. • UVM work shall conform to A300 and ANSI Z133.1. • Work must be supervised by qualified utility employees, contractors or Certified Arborists.

http://www.flrules.com/gateway/ruleNo.asp?id=25-6.0341�





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• City cannot adopt an ordinance that requires planting a tree in the ROW that can grow taller than 14 feet.

For more information, check this link:

• http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0163/ch0163.htm

Wildfire Protection Plan: Florida has wildfire codes that encourage fuel reduction:

590.082 Extraordinary fire hazard; certain acts made unlawful; proclamations by the Governor.

Discussion The sudden focus on UVM (and other) requirements in Florida are directly related to the recent hurricane season. The widespread damage to the state’s infrastructure has resulted in many actions by both legislators and the Public Service Commission. A few years have passed since the storm hardening programs began in 2006. The seasons of hurricanes have not yet tested the updated systems and the reliability reports for some investor owned companies have shown improvement. Most companies submitted longer than three years for their later pruning cycles and were approved by the FPSC after some revisions. In addition to the above Commission proposals, there are initiatives underway to look at other mitigating measures, such as right-tree, right-place requirements throughout the state and major undergrounding projects. Florida is a state to watch regarding UVM activities.

Georgia

GEORGIA PUBLIC SERVICE COMMISSION http://www.psc.state.ga.us/


Highlights of Current Requirements The staff believes that the Commission has no oversight or specific requirements regarding UVM. “Tree trimming requirements are handled by the Georgia Department of Community Affairs.”

State of Georgia adopts the IFC International Fire Code

Several prescribed burning restrictions are included in the following state law: 391-3-1-.02 Provisions.

Discussion When contacted in 2006, staff knew little about UVM or the related issues.

“Georgia’s largest wildfire in history, which burned for more than two months and destroyed $65 million in timber.”

http://rules.sos.state.ga.us/docs/391/3/1/02.pdf�



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“On April 16, a downed power line started the Sweat Farm Road fire southwest of Waycross, GA. When it entered the Okefenokee Wildlife Refuge on April 21, it was renamed Big Turnaround. Close by, the Bugaboo fire was ignited by lightning on May 5. By May 20, the fires converged and became the Georgia Bay Complex, one of the largest fires in the South and, indeed, in the nation.”

– “The Historic 2007 Georgia Wildfires” Georgia Forestry Commission. http://www.wildfirelessons.net/documents/Historic_2007_GA_Wildfires.pdf

Hawaii

HAWAII PUBLIC SERVICE COMMISSION http://www.hawaii.gov/budget/puc/

Pending UVM-Related Issues None

Highlights of Current Requirements New editions of the NESC are automatically adopted in Hawaii

Discussion According to staff, UVM is not an issue at this point. “Everything seems to be working just fine.”

Idaho

IDAHO PUBLIC SERVICE COMMISSION http://www.puc.state.id.us/


Highlights of Current Requirements Idaho adopts the NESC.

The Commission adopts by reference the American National Standards Institute (ANSI) C2- 2007 National Electrical Safety Code (NESC), 2007 Edition.



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Discussion Apparently, UVM is not an issue to the Idaho Commission at this point, nor is it on the radar screen.



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Illinois

ILLINOIS COMMERCE COMMISSION http://www.icc.illinois.gov/home.aspx

Pending UVM-Related Issues Current rate case proceedings that include UVM issues.

Highlights of Current Requirements 83 Ill. Adm. Code 305: Code Part 305 adopts portions of the 2002 version of the National Electrical Safety Code including Rule 218.

83 Ill. Adm. Code 411.190: Approval of Vegetation Management Programs

• Reliability Enhancement. • Considered a standard once approved by the commission. • Pre empts rules of local governments. • The Illinois Commerce Commission has a number of agreements with individual utilities that limit the

length of vegetation management cycles to no more than three or four years.

(220 ILCS 5/8-505.1):

• Adopts A300. • Three weeks notification minimum. • Notify mayor or county chairman and all affected customers. • Specific notification requirements. • Statement of work planned; provided all affected customers. • Customers can appeal to ICC. • Municipalities can stipulate UVM, if they pay for work outside UVM Plan, such as more frequent

pruning. • Audit: Each year the Illinois Commerce Commissioner conducts inspections of worst-performing electric

utility distribution circuits in connection with legally mandated assessments of electric service reliability at Illinois electric utilities. The results of these circuit inspections include tree conditions along utility circuits and are included in written assessment reports found on the Commission’s web site at http://www.icc.illinois.gov/electricity/electricreliability.aspx.

Discussion Illinois is paying closer attention to the UVM programs and such information can be referred to in reliability assessments, rate cases and complaints. If declared cycle lengths become the standard, the commission could require reports on the success of maintaining the cycle lengths.



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Indiana

INDIANA PUBLIC SERVICE COMMISSION http://www.ai.org/iurc/index.html

Pending UVM-Related Issues There have been hearings on UVM issues relating to practices, notifications, and tariffs in front of the Indiana General Assembly and IURC ( CN Utility testified at these hearings.)

The hearings are part of a Commission Investigation (Cause No. 43663) into the consideration and review of UVM practices and tariffs related to electric utilities. Issues for consideration include:

• UVM as it relates to safe, reliable services. • Tariff provisions that include vegetation management. • Oversight/implementation of UVM practices. • Training and certification. • Health of trees. • UVM cycles. • Best management practices. • Standards for distribution vs. transmission facilities. • Communications with property owners. • Timeline for resolving complaints. • Subcontracting. • UVM Budgets. • Tree-related outages.

Highlights of Current Requirements The Indiana Utility Regulatory Commission (IURC) has adopted NESC Rule 218. In its Rules and Regulations for the Electric Service:

Indiana Code (IC) 8-20-1-28: “The utility may trim any tree along the road or highway, but may not cut down and remove the tree without the consent of the abutting property owners, unless the cutting or removal is required by rule or order of the Indiana Utility Regulatory Commission.”

Indiana Code §8-1-2.5-9(b): Provides for Regulatory Flexibility Committee to monitor changes in UVM issues, including federal regulations and submits annual reports.

Indiana Code 312 IAC 18-3-18: Provides for quarantines of infestations of the emerald ash borer in Indiana counties. For more information: http://extension.entm.purdue.edu/eab/pdf/quarantines.pdf.

Discussion UVM issues are top center in Indiana. Look for more actions in 2010 by the IURC.



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Iowa

IOWA UTILITIES BOARD http://www.state.ia.us/government/com/util/util.html


Highlights of Current Requirements Iowa adopts the NESC after rule making proceedings.

Iowa statute 199—25.3(476,478), 20-18(7, 8) Inspection and maintenance plans and Recordkeeping: Endorses A300 Part 1 and Requires: (Highlights)

• File Plan for UVM. • Plan must have schedule of UVM based on industry good practices. • Could be a variable schedule. • Keep records to demonstrate compliance with UVM plan, including dates of completion. • If UVM plan implementation is over six months behind, company must file with the IUB. • Submit annual reports with miles of Transmission and Distribution treated and the cost. • Report accidents.

Discussion Like Illinois, companies are agreeing to required cycle lengths when they submit annual plans; but in Iowa, a variable schedule is acceptable.



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Kansas

KANSAS CORPORATION COMMISSION http://www.kcc.state.ks.us/


Highlights of Current Requirements Docket No. 97-GIME-483-GIE: Kansas will adopt new versions of the NESC after an appropriate rule making proceeding. Additionally, certain Kansas utilities (Westar and KCPL) are required to submit annual UVM reports to the Commission that include information on UVM expenses and performance.

Docket # 02-GIME-365-GIE: In 2004, the Commission issued an Order Setting Electric Reliability Requirements for Jurisdictional Electric Companies in Kansas. In this order, it requires that:

“Each utility should maintain clearances of vegetation from the utility's overhead transmission and primary distribution facilities sufficient to avoid limb contact under design-basis events.”

This rule also requires each company to file annual reliability reports and storm event/interruption reports.

Discussion The Commission requirements (above) seem to make an argument that Kansas has a “no-touch” rule. It is interesting to note, however, that the Rule uses the word “should” versus “shall.” Kansas should be a state to watch regarding enforcement of Commission rules.

Kentucky

KENTUCKY PUBLIC SERVICE COMMISSION http://psc.ky.gov/

Pending UVM-Related Issues None other than references to UVM in rate cases.

Highlights of Current Requirements The Kentucky State Legislature passed a law in 2003 enabling the Public Service Commission to automatically adopt the newest NESC code.



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Administrative Case No. 2006-00494: In October of 2007, the commission determined that utility companies shall file annual reliability reports and submit a vegetation management plan that meets the following requirements:

• “Identify the right-of-way clearing cycle.” • “Identify the reliability criteria and reliability reports used to develop the vegetation management plan

and those regularly reviewed as part of the monitoring of plan effectiveness.” • “Explain how a utility determines when to perform maintenance.” • “Explain how the effectiveness of the plan is evaluated.”

Discussion According to staff, the issue of UVM has been discussed internally and will be a subject of future consideration. This is a state to watch.

Louisiana

LOUISIANA PUBLIC SERVICE COMMISSION http://www.lpsc.org/

Pending UVM-Related Issues None identified by the Louisiana Commission Staff.

Highlights of Current Requirements Louisiana does not officially adopt the NESC, however, it is used by all utilities and in evaluating utility operations. In the past, the Commission required routine reporting of reliability plans, which had a UVM component.

GO 9-13-93 Utilities are required to have a written UVM program that achieves the following benefits:

• Long term cost efficiencies. • Reduces outages. • Improve customer satisfaction and public relations. • Improve the health of trees in the ROW.

The written plans contain the following items:

• Definition of workload including a cycle length and goals for reliability. • Clearance specifications. • Tree removal policy. • Customer and public relations. • Herbicide program. • Training.



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Companies are also required to maintain records of costs, outages, complaints and customer education initiatives.

Discussion UVM is not currently an issue on the radar screen at the Louisiana Commission.

Maine

MAINE PUBLIC SERVICE COMMISSION http://www.state.me.us/mpuc/

Pending UVM-Related Issues Maine currently has a proceeding (2005-705) that is looking at, among other things, UVM activities within the state. This proceeding actually began in April of 2004 (2004-248), with a Commission study into “The status of the reliability of the electric transmission and distribution (T&D) systems (the electric grid) in Maine.” This study was prompted by the State legislature.

• In 2005, the commission hired an independent consulting group to investigate and report on the adequacy of the four major companies’ T&D systems. A key finding of this examination indicated the need for improved maintenance practices, particularly related to vegetation management.

• Chapter 375, No Adverse Environmental Effect Standard; Appendix A: The Bureau of Land & Water Quality, Department of Environmental Protection (DEP) is revising this state law to include Transmission Row UVM requirements and “electric utility corridor development.” Highlights of the current draft, January 2010, include: Clearance 1 and Clearance 2 distances, transmission line design considerations such as pole height and spacing, invasive species treatment included in the plan and other environmental restrictions, such as working adjacent to “significant vernal pools” where a third-party inspector has to be consulted. This draft references FAC-003-1.

Highlights of Current Requirements Maine automatically adopts new versions of the NESC requirements.

Discussion Maine continues to focus on UVM as an issue.

http://www.state.me.us/dep/blwq/topic/site_storm_revisions/site_rules/third_informal_draft/375_internal_review_draft_cl.pdf�



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Maryland

MARYLAND PUBLIC SERVICE COMMISSION http://webapp.psc.state.md.us/Intranet/home.cfm

Pending UVM-Related Issues SB352 was passed by the senate in 2009, but was given an unfavorable report by the Economic Matters Committee. The bill would have made requirements for Transmission Vegetation Management in Maryland.

Highlights of Current Requirements New editions of the NESC are automatically adopted in the state of Maryland.

NRA §5-401—5-406: Passed in 1914, Roadside Tree Care Standards require permits to prune or remove trees along roadside ROW.

§ 5-415: Maryland Tree Expert Law: Arborists must pass a test, satisfy education requirements, possess minimum experience, and pay a fee to be licensed to practice arboriculture in Maryland.

Discussion Apparently, UVM was a controversial issue for Transmission Vegetation Management in 2009. A bill was sponsored and passed by the Senate that would have restricted utilities ability to maintain vegetation on Transmission ROWs. Utilities’ efforts to maintain compliance with the new federal regulation, FAC-003-1, was a primary driver for this legislative push. Look for more UVM legislative initiatives in Maryland. SB352 appears to be off the docket for now.

Massachusetts

MASSACHUSETTS DEPARTMENT OF UTILITIES (DPU) http://www.mass.gov/dte/

Pending UVM-Related Issues D.P.U. 09-01-A: Investigation by the Department of Public Utilities on its Own Motion into the Preparation and Response of Fitchburg Gas and Electric Light Company d/b/a Unitil to the December 12, 2008 Winter Storm. DPU requires a comprehensive, independent management audit at the company’s expense.

Chapter 133 of the Acts of 2009, An Act Relative to Public Utility Companies: (Highlights of new law. For full version visit http://www.mass.gov/legis/laws/seslaw09/sl090133.htm. Section 1: In an emergency, the governor



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can give the Chairman of the DPU the power to turn over the control of a utility company to another utility company for up to one year, if, “in the judgment of the chairman, the affected utility is incapable of restoring service.”

Section 4: This is a revision of current law and requires each IOU to submit a report of each year’s performance compared to the DPU’s and national standards. Failing to meet standards can be penalized by a fine of 2.5% of the company’s current year’s revenue. Additionally, “the department shall promulgate rules and regulations to establish standards of acceptable performance for emergency preparation and restoration of service for electric and gas distribution companies doing business in the commonwealth.” Fines can be as high as $20 million for violating this rule.

Section 5: Submit an emergency response plan, annually, for review and approval, that meets the specific requirements of this rule.

Highlights of Current Requirements The NESC is automatically adopted by the Massachusetts Department of Public Utilities (DPU)

D.T.E. 98-84/EFSB 98-5 This DPU rule requires each electric distribution company to submit an annual reliability report (ARR) before April 1. The 2010 ARR requires each company to report the following UVM information:

• A report or presentation on summer readiness including associated UVM activity. • Excel spreadsheet showing UVM completions and plans for last five years showing circuit numbers,

miles planned and treated, cycle length and a color coded map showing areas scheduled and areas completed.

• A table of available crews by location, including tree crews.

Discussion Massachusetts has taken a strong position on electric reliability and we can expect orders involving UVM that further their objectives.

Michigan

MICHIGAN PUBLIC SERVICE COMMISSION http://www.michigan.gov/mpsc

Pending UVM-Related Issues Commission Reports: The commission, in 2009, published “Report on Status of Power Quality in Michigan.” The report concluded no statutory changes are needed for reliability, but the commission intends to establish new reporting requirements for reliability and other issues. The commission performed a survey of 37 states and found 35 of the states commissions require reporting on SAIFI. However, only 21 states have a formal definition of a major event day, and only four of those use the IEEE1366-2003 definition. In the same report, one Michigan company reported dead Ash trees were responsible for 50% of downed power lines during a major storm in



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2008, and the commission recommended installing lines that minimize the impact of trees and communicating with the community to remove the dead trees. (Presumably dead from Emerald Ash Borer.)

Highlights of Current Requirements New editions of the NESC are adopted after Commission rule making proceedings.

R 460.701 Service Quality and Reliability Standards for Electric Distribution Systems

Utilities in Michigan have to meet certain reliability standards. Incentives are awarded for meeting them and penalties assessed if reliability, in routine and storm situations, falls below the specified amount.

Discussion Michigan seemed very interested in UVM immediately after the 2003 Blackout. Shortly after the event, the Commission opened a proceeding (Case No. U-13975) to investigate the UVM operations in the State of Michigan. In its initial order, the Commission required Michigan’s investor-owned utilities to file reports on their “tree and vegetation trimming practices around the transmission and distribution lines used to serve their customers.” After reviewing these reports (which are still available online), the Commission concluded: “The information garnered by this investigation has provided the Commission and the general public with valuable insight into each company’s vegetation trimming practices. From the reports received, it appears that all distribution and transmission companies operating in Michigan have established routine vegetation trimming practices and intend to conduct such activities on a regular basis in the future, which should reduce the possibility of problematic power line/vegetation contacts and increase the reliability of Michigan’s electric grid.” The proceedings were subsequently closed. The storm in 2008 has prompted a renewed interest in reliability.

Minnesota

MINNESOTA PUBLIC UTILITIES COMMISSION http://www.puc.state.mn.us/

Pending UVM-Related Issues None identified by Commission staff.

Highlights of Current Requirements New editions of the NESC are automatically adopted in the state of Minnesota. According to a 2005 NRRI survey of State Commissions, “Each utility has submitted their tree trimming/vegetation management program for our information. We have not developed any rules detailing trimming intervals or other details.”

7826.0500, Minnesota Administrative Rule, Reliability Reporting: Requires an annual reliability report from each utility company. The commission, interpreting the rule, may request additional content for these reports, such as reporting on UVM activities. The rule contains a list of items to report, including SAIDI, SAIFI and CAIDI.



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Discussion The commission reported to CNUC in 2009 that there are no commission rules, policies, standards or other regulations governing UVM.

Mississippi

MISSISSIPPI PUBLIC SERVICE COMMISSION http://www.psc.state.ms.us/

Pending UVM-Related Issues None identified by staff.

Highlights of Current Requirements New editions of the NESC are automatically adopted in the state of Mississippi.

Discussion Staff did not identify UVM as an issue in the state.

Missouri

MISSOURI PUBLIC SERVICE COMMISSION http://www.psc.mo.gov/

Highlights of Current Requirements 4 CSR 240-23.030 Electrical Corporation Vegetation Management Standards and Reporting Requirements: The following are highlights of the statute:

• Formal vegetation management plan and any revisions submitted to MPSC. • Keep records to ensure UVM is timely. • Employ a vegetation manager. • Inspect all urban circuits every two years. • Inspect rural circuits every three years. • Permission to leave debris except during storm restoration. • Four year urban and six year rural minimum cycle lengths.



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• Specific clearance requirements. (See comments below.)

Discussion Missouri Public Service Commission attempted to dramatically change the UVM requirements in the state. Had they been adopted as proposed, Missouri would have had the strictest requirements in the industry. After the proposal was rejected, one commissioner posted an official commission notice expressing his disappointment. The final adopted requirements, highlighted above, are worth reviewing. While less dramatic than what was originally proposed, it still has many requirements. We predict problems with the enforcement and some wording in the new requirements in the future. For example, the new requirements states that:

“b. To the extent permitted by current easements or other authority, each electrical corporation must maintain the following minimum clearances of vegetation from conductors at the time vegetation management is conducted...”

The difficulty with the phrasing is that the word “maintain” should actually be “achieve.” Without that wording change, the clearances may be interpreted in the future as being required to be “applicable at all times” (maintained). Additionally, there are caveats that make the minimum clearance distances more a recommendation than a requirement.

Montana

MONTANA PUBLIC SERVICE COMMISSION http://psc.mt.gov/

Pending UVM-Related Issues None identified by the commission staff other than “a soon-to-be-filed rate case by Northwest Utilities”


69-4-103: This states that a utility may remove or alter vegetation or other materials from a utility right-of-way or easement if the utility determines the removal or alteration as necessary for the safe repair, use, operation and maintenance of the utility’s electricity or gas transmission or distribution facilities. A utility shall provide an affected property owner with written notice at least 15 days prior to the removal or alteration of vegetation or other materials when the action is part of a preventative maintenance program for the utility’s easements and rights-of-way. For full details: http://data.opi.state.mt.us/bills/mca/69/4/69-4-103.htm.

Discussion Staff did not think new UVM rules were on the horizon. However, they did say they will be considering UVM as an issue moving forward in rate requests.



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Nebraska

THE NEBRASKA POWER REVIEW BOARD http://nprb.nol.org/index.html

The Nebraska Power Review Board is a state agency created in 1963 to regulate Nebraska's publicly owned electrical utility industry. Nebraska is unique in that it is the only state in the country served entirely by consumer-owned power entities. These utilities include public power districts, cooperatives and municipalities.



Discussion Very little attention paid to UVM. In addition, the Nebraska Commission has little oversight capabilities and/or responsibilities in this area.

Nevada

PUBLIC UTILITIES COMMISSION OF NEVADA http://pucweb1.state.nv.us/pucn/



Discussion Staff did not seem to think UVM was a big issue in the state. The PUC has been awarded an American Recovery & Reinvestment grant for “State Electricity Regulators Assistance.” The subject of this assistance was not available at the time of this publication.



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New Hampshire

NEW HAMPSHIRE PUBLIC SERVICE COMMISSION http://www.puc.state.nh.us/

Pending UVM-Related Issues UVM is referenced in a current proceeding/investigation (DM 05-172) dealing with “Utility Poles.” This proceeding involves all New Hampshire electric utilities and Verizon. As part of this proceeding, the NH PSC is looking at joint responsibilities for UVM work. In an investigation of pole responsibilities, the staff recommended the following to the Commission: “Establish uniform maintenance and hazard trimming guidelines to be incorporated into the IOPs that clearly define the responsibilities of each partner.” The current adopted rule, Chapter Puc 1300 – Utility Pole Attachments cites NESC as the only requirement for maintenance. It does not specify responsibility beyond the owner of the poles.

DE 10-001: In January 2010, the commission initiated an adjudicative proceeding to examine the actions of a utility company’s response to a storm in 2008. This is to determine whether the company responded appropriately to the storm.

Highlights of Current Requirements New editions of the NESC are automatically adopted in the state of New Hampshire.

DE 09-094: The commission requires Annual Reliability Enhancement and Vegetation Management Plan Results and Reconciliation Filings. It also performs investigations into electric service quality, which includes UVM. Discussion UVM may become an issue in New Hampshire, depending on the outcome of proceedings regarding emergency response to storms. For those interested in Joint Pole Issues, NH may be a state to watch. The following, from a version of the utility pole order, was a revision that wasn’t adopted. Puc 1303.08 Pole Owner Duty to Beautify. All pole owners shall install and maintain flower pots on every fifth pole located in a public right of way. Violation of this provision shall result in required attendance at monthly meetings of the commission’s regulators and utilities united to boost ratepayer morale committee. Apparently, the commission imbibes its proceedings with a certain sense of humor.



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New Jersey

NEW JERSEY BOARD OF PUBLIC UTILTIES http://www.bpu.state.nj.us/

Pending UVM-Related Issues The New Jersey Board of Public Utilities has been working on Vegetation Management Standards for Transmission Line Maintenance this year. The latest installment of UVM regulatory language, adopted (December 17, 2009) amendments: N.J.A.C. 14:5-9.2 and 9.6, appears in the New Jersey Register. They revised the code for transmission vegetation management adopted in 2008, the highlights of which are summarized below, including the recent revisions.

Highlights of Current Requirements New editions of the NESC are automatically adopted as a minimum requirement in the state of New Jersey. In addition, according to BPU documents, “standards currently require a utility to inspect and to trim as necessary its system transmission and distribution lines on a four-year cycle.”

14:5-9.1-9.10 Tile 14 Public Utilities Sub-chapter 9. Vegetation Management

14:5-9.3– General Provisions: Requires a vegetation manager who is a utility employee and a utility arborist.

14:5-9.4–Maintenance (and inspection) Cycle: An electric public utility shall ground inspect the vegetation in proximity to all energized transmission facilities annually to determine if vegetation management is needed. If potential safety or reliability problems for the current year are found during the inspections required, the utility shall ensure that maintenance is promptly performed as required. Otherwise identified vegetation conditions on distribution and transmission have to be addressed at least once every four years.

14:5-9.5 – Technical standards for vegetation management –An electric public utility shall perform vegetation management in compliance with UVM standards, safety regulations and laws. Each utility shall provide a copy of its UVM standards and guidelines as a chapter in the Annual System Performance Report.

14:5-9.6 - Transmission line vegetation management: Utilities shall allow agricultural crops that mature at 12 feet or less. Otherwise, no plants are allowed to grow in the wire zone that mature above three feet. Integrated Vegetation Management shall be applied to the border zone. It also states that the utility shall develop a schedule for transmission line vegetation management, which shall be included in the utility’s annual system performance report and posted on its Web site. This schedule shall list the transmission lines planned for vegetation management for the next four years in advance; ensure that the vegetation management on transmission lines is performed prior to vegetation becoming a threat to society or service reliability and be distributed to affected municipalities by the utility.

14:5-9.7: Training, recordkeeping and reporting: Employees are trained in the proper care of tree and other woody plants. “The Electric Distribution Company shall monitor and document all vegetation management and related activities.” This includes specific activities identified by the requirement.



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14:5-9.8: Public notice of planned vegetation management activity: Specific requirements for notification, including written notices for distribution and notices in two newspapers and certified mail for transmission work.

14:5-9.9 Outreach programs: Required annual public education programs.

Discussion New Jersey is a state to watch regarding UVM requirements. The commission is actively engaged in UVM issues. The latest revisions to the transmission UVM requirements followed a comment period open to the public. The previous rule prescribed a clearance requirement of no vegetation that matures over 15 feet allowed anywhere in the ROW. The new revision removed that requirement in favor of applying Integrated Vegetation Management to the border zone, while keeping a three foot vegetation rule in the wire zone.

New Mexico

NEW MEXICO PUBLIC REGULATIONS COMMISSION http://www.nmprc.state.nm.us/


Highlights of Current Requirements New editions of the NESC are automatically adopted in the state of New Mexico.

17.9.560.16 New Mexico Service Standards for Electric Utilities: “SAFETY: Each utility shall make reasonable efforts to avoid interruptions of service, but when interruptions occur service shall be re-established within the shortest time practicable consistent with safety.” There are also requirements in this rule for keeping records of service interruptions, including duration, cause and time of occurrence.

Discussion Early in 2009, New Mexico was a high fire danger region. CNUC talked to the State Fire Marshall’s office, which is a part of the New Mexico Public Service Commission. Powerline caused fires is a concern in New Mexico, but there are no specific regulations directed at the utilities, such as the Public Resource Codes in California. Some areas of New Mexico have adopted the 2003 International Urban-Wildland Interface Code. The following statistics are from the New Mexico Energy, Minerals and Natural Resources Department:

Statistical Fires-2008

New Mexico Private and State Lands Cause of Fire – Number of Fires - Percent of Acres Burned

Building, 114 Fires, 1%; Campfire, 14 Fires, 2%; Children, 6 Fires, 1%; Debris Burn, 114 Fires, 15%; Equipment, 158 Fires, 21%; Flares/Oil/Gas, 4 Fires, 1%; Fireworks, 7 Fires, 1%; Hot Ashes, 13 Fires, 2%; Arson, 29 Fires, 4%; Lightning, 173 Fires, 24%; Powerline, 86 Fires, 12%; Railroad, 11 Fires, 1%; Spontaneous Combustion, 6 Fires, 1%; Smoking, 44 Fires, 6%; Unknown, 59 Fires, 8%.



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New York

NEW YORK PUBLIC SERVICE COMMISSION http://www.dps.state.ny.us/

Pending UVM-Related Issues There is an ongoing Commission case dealing with transmission UVM issues in the state. (Case 04-E-0822 - In the Matter of Staff's Investigation into New York State's Electric Utility Transmission Right-of-Way Management Practices). While currently limited to transmission, there may be similar involvement in distribution UVM issues in the future.

09-E-0472: This is an investigation into why a company reduced its UVM expenditures and activities. It requires a full report of the company’s distribution UVM submitted to the commission within 30 days.

09-M-0435: This is an order sent out by the commission 5/15/09, requiring the utilities to submit their austerity plans dating back to September 2008 when the downturn in the economy began. During that time and going forward, some companies have reduced UVM budgets by as much as 20%. The commission wants to know these facts.

06-E-0894: Commission called for an independent audit on a company’s emergency response program. The company launched an enhanced vegetation management program because of the audit and expects the program to reduce outages by 20%.

Highlights of Current Requirements The state of New York does not explicitly require utilities to comply with the NESC, nor does it have its own electric safety code. New York State, however, expects utilities to comply with the NESC or the given utilities’ own standards, whichever are more stringent.

16 NYCRR, Part 84: State Rule from 1981 requiring “long-range right-of-way management plan for electric transmission systems,” which describes at minimum, “structure and organization for ROW management planning and program operation.” Highlights of this rule for developing a long range plan include: Key staffing; notification procedures; how to mitigate “restrictions and requests which modify management practices;” permits; regulations and licenses required to perform work; identify resources needed to meet objectives and determine a cycle of reviews and revisions for the plan. The next sub-part to this rule, also promulgated in 1981, has more specific program requirements and is highlighted here: Submit a program to meet objectives of the long range plan; define an inspection program including type and frequency, define clearance requirements at the time of maintenance; an annual schedule based on inspections.

04-E-0822-Order Requiring Enhanced Transmission ROW Management Practices:

Highlights of this order: Maintain sufficient staffing levels with appropriate education and experience; submit a quality assurance plan to the commission; submit herbicide application plans; develop hazard tree assessment programs and submit progress reports; track reactive work; remove 100% of ‘undesirable vegetation’ during a single cycle, in a preset airspace around conductors; and prune 100% of off-ROW encroachments during a single cycle.

http://www3.dps.state.ny.us/N/nycrr16.nsf/364bc4db8005c8b48525702d004a1baf/1a17f15dee367ae485256fc7004e5c8c?OpenDocument�

http://documents.dps.state.ny.us/public/Common/ViewDoc.aspx?DocRefId=%7BCA24781F-EBF1-4FA8-9D56-8CB908A18057%7D�



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Additionally, the NYPSC has (June 2005) ordered utilities to enhance transmission UVM programs. This Commission Order (related to Case 04-E-0822) covers a myriad of requirements ranging from utility company employee qualifications to the development of danger tree programs. The ruling is available online at the NYPSC Web site and is worth reviewing. Go to: http://documents.dps.state.ny.us/public/Common/ViewDoc.aspx?DocRefId={CA24781F-EBF1-4FA8-9D56-8CB908A18057}.

Discussion The NYPSC has a history of getting involved with UVM issues. Its focus, however, has been primarily on transmission UVM activities rather than distribution activities. This may change in the near future. Staff suggested in 2007 that distribution UVM requirements may soon become an issue to the PSC. Currently, there are commission activities that address distribution UVM. Perhaps a Rule, like 16 NYCRR, Part 84, will emerge that sets the stage for distribution UVM requirements.

New York is a state to watch regarding UVM activities.

North Carolina

NORTH CAROLINA UTILITIES COMMISSION http://www.ncuc.commerce.state.nc.us/

Pending UVM-Related Issues While no specific proceedings were identified during the interviews, the staff is very interested in all issues related to UVM.

Highlights of Current Requirements New editions of the NESC are typically automatically adopted by the North Carolina Utilities Commission.

Discussion North Carolina is a state to watch. Staff is very interested in UVM issues as a result of past ice storms and their impact on electric service reliability. Staff prepared several post ice storm reports in which UVM was scrutinized. They are located online at the NCUC Web site and worth reviewing at: http://www.ncuc.commerce.state.nc.us/reports/report.htm

Also worth reviewing is North Carolina’s Full Report regarding the undergrounding of existing utility lines. This informative report is available at: http://www.ncuc.commerce.state.nc.us/reports/undergroundreport.pdf.



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North Dakota

NORTH DAKOTA PUBLIC SERVICE COMMISSION http://pc6.psc.state.nd.us/



Discussion Based on discussions with staff, UVM is not an issue in North Dakota at this time.

Ohio

THE PUBLIC UTILITIES COMMISSION OF OHIO http://www.puco.ohio.gov/puco.cfm

Pending UVM-Related Issues Implementation of S.B. 221-Changes to Electric Service and Safety Standards: SB 221, adopted in Ohio in July 2008, is a sweeping energy legislation that will bring many changes in the Electric Utility markets for years to come. It is already having an impact on UVM programs in Ohio. The law requires companies to submit an Electric Security Plan. At least one company has submitted an enhanced vegetation management plan in their new Electric Security Plan, which is also required and has to be approved by PUCO. The new Ohio Administrative Code listed below (4901:1-10-11) is part of the legislation and it will undoubtedly have an impact on UVM programs. Implementation of SB221 is currently listed as a pending issue on PUCO’s Web site.

Current Requirements 2007 NESC is adopted by the PUCO under OAC 4901:1-10-06. According to a 2004 NRRI survey, “Ohio's standards require each electric utility to maintain a right-of-way vegetation control program and report annually the program goals for the current year and whether the previous year's goals were met.”

4901:1-10-10-Distribution system reliability: This new rule prescribes the measurement of each electric utility’s service reliability. The indices are CAIDI and SAIFI. Companies are required to file minimum reliability performance standards. Failure to meet the standard for two consecutive years is a violation of the rule.

http://codes.ohio.gov/oac/4901%3A1-10-10�



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4901:1-10-11-Distribution circuit performance: The following are highlights of a new law in Ohio’s Electrical Service Code: A method of calculating circuit performance must be submitted and approved. A report based on an annual measurement of circuit performance that identifies the worst 8% of circuits must be submitted within 90 days of the end of the reporting year. The report must contain specific forensic measurements of outages. The report must have an action plan by the utility company to remediate the reliability of their worst 8% of circuits to a level above the 8% by the end of two reporting periods. The commission can modify the plan if it is deemed insufficient. The report must be submitted electronically. Circuits have to be removed from the 8% list within two years. If a circuit is on the list a third time, it is in violation of this rule.

Discussion UVM has not, at this point, been singled out for new rules. Ohio has however been looking at UVM as a part of their focus on electric service reliability.

Oklahoma

OKLAHOMA CORPORATION COMMISSION http://www.occ.state.ok.us/

Pending UVM-Related Issues Senate Bill No. 474: In the 2009 Legislative Session, Senate Bill 474 was passed through the Senate. It did not make it through the entire legislative process in 2009, so it will be re-examined in 2010. The bill states that utilities would be granted the authority to “prune, remove and control vegetation posing a hazard to the continued safe and reliable operation thereof,” within the following highlighted parameters:

• 10 ft., plus one-half the length of any attached cross arm on either side of the centerline of electricity lines at or below 34.5 kV in municipalities.

• 30 ft. of either side of centerline for lines at or below 34.5 kV in rural areas. • 50 ft. of either side of centerline for lines between 34.5 and 100 kV. • 75 ft. to either side of the centerline, for lines potentially energized at 100 kV or above. • Any required clearance distance adopted by either the Federal Energy Regulatory Commission or an

Electric Reliability Organization authorized by the federal Energy Policy Act of 2005. • “An electric supplier may trim or remove any tree of sufficient height outside the provisions of

subsection C of this section when such tree, if it were to fall, would threaten the integrity and safety of any electric transmission or distribution line and would pose a hazard to the continued safe and reliable operation thereof.”

• Required 14 day notification, if owner is available, for removing trees. • Utility will remove pruned trees that die as a result of pruning. • Disputes are to be initiated in district courts.

For a complete version of the bill, visit http://webserver1.lsb.state.ok.us/WebBillStatus/main.html.

http://codes.ohio.gov/oac/4901%3A1-10-11�



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Highlights of Current Requirements The OCC has a rulemaking proceeding before adopting each version of the NESC.

165:35-25-14(b)-Reliability program: Requires an annual vegetation management plan, including inspection, preventative and emergency maintenance and strategic placement of resources to comply with reliability standards.

165:35-25-15-Vegetation management plan: Plan is submitted annually and includes definitions, schedule, implementation plan, quality assurance criteria and UVM company contact information. UVM is to be performed at minimum on a four year cycle and track UVM costs.

165:35-25-16-Notification for vegetation management activities: Requires a minimum 24 hour attempt to notify for routine work and accommodations for customer’s desire to be present at the time of work.

165:35-25-18-Performance levels: Formula using SAIDI and SAIFI, excluding major events, for base level and annual measurements to compare. Performance records are given consideration in rate cases.

165:35-25-19-Individual circuit reliability: Requires identification of the top 5% worst performing circuits and a plan for remediation included in the annual reliability report.

165:35-25-20-Annual Reliability Report: Each utility shall submit an annual reliability report to the commission. Annual reliability report shall include “a description of all vegetation management it performed for the previous calendar year and vegetation management it plans to perform for the current year.”

System Hardening Program: A company filed a cause/rate case with the Commission in late 2008, resulting in the creation of a System Hardening Program implemented over the next several years. This program includes: an extensive vegetation management effort, break away connectors between poles and customers and the undergrounding of select service drops.

Discussion Oklahoma is one of the more active states regarding both regulations and the oversight of UVM activities. SB 474 is a simply written piece of legislation that relies on the assumption that, given the authority, utility arborists will make proper arboricultural decisions. It gives the utility company the right to do what they prescribe for UVM. With a robust system hardening program underway in at least one service territory, it should be interesting how the legislation progresses in 2010.



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Oregon

OREGON PUBLIC UTILITY COMMISSION http://www.puc.state.or.us/

Pending UVM-Related Issues Idaho Power Submits 2009 Rate Increase Request to OPUC (UE-213), PacifiCorp Submits 2009 Rate Increase Request to OPUC (UE-210)

Highlights of Current Requirements 860-024-0016-Minimum Vegetation Clearance Requirements Oregon Administrative Rule (OAR):

“(4)…remove readily climbable vegetation as specified in section (5) of this rule to minimize the likelihood of direct or indirect access to a high voltage conductor by a member of the public or any unauthorized person.”

“(5)” Under reasonably anticipated operational conditions, an operator of electric supply facilities must maintain the following minimum clearances of vegetation from conductors:”

“(a) Ten feet for conductors energized above 200,000 volts.”

“(b) Seven and one-half feet for conductors energized at 50,001 through 200,000 volts.”

“(c) Five feet for conductors energized at 600 through 50,000 volts.”

Further caveats to distribution voltages (c) minimum clearance distances, reduce the mandatory distance to 6” for small branches and new sprout growth and 3’ for trees not easily climbable.

860-024-0017-Vegetation Pruning Standards (OAR): Adopts ANSI A300 Part 1 2001.

860-023-0150-Annual Report on Electric Reliability (OAR): Requires annual report submitted to OPUC with past year measurements compared to the previous four years. The report includes interruptions from tree contacts and SAIDI, SAIFI and MAIFIE for each circuit.

758.282, 284, 286-Immunity of Electric Utility for pruning or removing vegetation in certain cases. Oregon Revised Statutes (ORS): These statutes give the utility immunity from claims resulting from UVM. There are requirements for the utility, such as following PUC rules, A300, giving customers proper notification for performing UVM on vegetation that is a safety or electrical hazard.

Discussion Oregon is a state to watch. The clearance requirements (without the exceptions) are greater than those found in any other state commission rules or fire mitigation rules (including California). One reason for greater clearances is that the Oregon Commission Staff believes clearances should be able to mitigate accidents and electrocutions from climbing trees near power lines.

Editors Note: We are unaware of any state other than Oregon that thinks it can prevent these accidents from happening through mandatory clearances.



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Pennsylvania

PENNSYLVANIA PUBLIC UTILITY COMMISSION http://www.puc.state.pa.us/

Pending UVM-Related Issues In April of 2006, the Commission opened a rulemaking proceeding (Docket No. L-00040167) to propose expanding inspection and maintenance standards for electric transmission and distribution systems. In May of 2008, the Pennsylvania Public Utility Commission (PUC) approved the final rulemaking revising Chapter 57, title 52, of the Pennsylvania Code, which establishes electric reliability standards. The Commission voted 4-0 to require electric distribution companies (EDCs) to file biennially, plans for inspection, maintenance, replacement and repair of their facilities that are designed to meet their reliability performance benchmarks and standards. The first group will file the initial plans on or before Oct. 1, 2009, to be implemented on Jan. 1, 2011, and to remain in effect for two years. The second group will file plans on or before Oct. 1, 2010, to be implemented Jan. 1, 2012, and to remain in effect for two years.

Highlights of Current Requirements New editions of the NESC are automatically adopted by the Pennsylvania Public Utility Commission.

§ 57.195-Reporting requirements (2004) (Quoted but not inclusive of the whole rule):

“(a) An EDC shall submit an annual reliability report to the Commission, on or before April 30 of each year.”

“(3) Rolling 12-month reliability index values (SAIFI, CAIDI, SAIDI, and if available, MAIFI)…”

“(4) Specific remedial efforts taken and planned for the worst performing 5% of the circuits”

“(6) Quarterly and year-to-date information on progress toward meeting transmission and distribution inspection and maintenance goals/objectives (for first, second and third quarter reports only).”

“(10) Quarterly and year-to-date information on contractor hours and dollars for transmission and distribution operation and maintenance.”

§ 57.198. Inspection and maintenance standards (2009) (a) Filing date and plan components. Quoted:

“Every two years, by October 1, an EDC shall prepare and file with the Commission a biennial plan for the periodic inspection, maintenance, repair and replacement of its facilities that is designed to meet its performance benchmarks and standards under this subchapter.”

“(f) Clearance of vegetation. The plan must include a program for the maintenance of clearances of vegetation from the EDC’s overhead distribution facilities.”

“(n) Inspection and maintenance intervals. An EDC shall maintain the following inspection and maintenance plan intervals:”



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“(a) Filing date and plan components. Every two years, by October 1, an EDC shall prepare and file with the Commission a biennial plan for the periodic inspection, maintenance, repair and replacement of its facilities that is designed to meet its performance benchmarks and standards under this subchapter.”

“(n) Inspection and maintenance intervals. An EDC shall maintain the following inspection and maintenance plan intervals:

“(1) Vegetation management. The Statewide minimum inspection and treatment cycle for vegetation management is between four to eight years for distribution facilities. An EDC shall submit a condition-based plan for vegetation management for its distribution system facilities explaining its treatment cycle.”

For the full Pennsylvania Code, visit the following site: http://www.pacode.com/secure/data/052/052toc.html.

Discussion UVM is currently a hot topic at the Pennsylvania Commission. The previously mentioned proceedings (Docket No. L-00040167), took five years to make it happen, but Pennsylvania now has mandatory UVM and inspection cycles. This will be a state to monitor.

Rhode Island

RHODE ISLAND PUBLIC SERVICE COMMISSION http://www.ripuc.state.ri.us/

Pending UVM-Related Issues None identified by staff

Highlights of Current Requirements New editions of the NESC are automatically adopted by the Rhode Island PSC.

Discussion Based on discussions with staff, UVM is not an issue at this time.



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South Carolina

SOUTH CAROLINA PUBLIC SERVICE COMMISSION http://www.psc.sc.gov/default.asp


Highlights of Current Requirements According to a past IEEE study, South Carolina automatically adopts the NESC. However, the Commission staff stated they have no “specific” rules regarding UVM.

South Carolina (as well as many other states) also requires reporting of major events. While not specifically focused on UVM, the issue of trees is often included.

South Carolina laws require “Each electrical utility shall keep a record of any condition resulting in any interruption of service affecting its entire system or major division thereof, or any major community, or an important division of such a community, including a statement of the time, duration and cause of any such interruption. The Commission is to be notified of any such interruptions as soon as practicable after it comes to the attention of the utility and a complete report made to the Commission after restoration of service if such interruption is for more than six hours duration.”

Discussion It does not appear that UVM is currently an issue in South Carolina. However, there have been some discussions at staff level regarding the development of distribution maintenance standards.

South Dakota

SOUTH DAKOTA PUBLIC UTILITIES COMMISSION http://www.state.sd.us/puc/index.htm

Pending UVM-Related Issues None identified by staff

Highlights of Current Requirements New editions of the NESC are automatically adopted by South Dakota



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49-34A-79-Public or electric utilities authorized to remove certain obstructions: Any public utility or electric utility as defined in § 49-34A-1 and any utility operated by any political subdivision of the state may remove or alter any vegetation or other material if the utility determines that such removal or alteration is reasonably necessary for the safe repair, use, operation or maintenance of the utility's electric or gas transmission or distribution lines.

Discussion While staff did not identify any specific UVM related issues, they did suggest that new standards may be looked at and possibly developed in the near future.

Tennessee

TENNESSEE REGULATORY AUTHORITY http://www.state.tn.us/tra/


Highlights of Current Requirements Utilities are required to either adopt or develop appropriate rules such as the NESC.

Discussion Most utilities in Tennessee do not fall under the jurisdiction of the TRA. As such, UVM is not a high priority issue.



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Texas

PUBLIC UTILITY COMMISSION OF TEXAS http://www.puc.state.tx.us/

Pending UVM-Related Issues As is the case in Florida, the Texas Commission is working towards reducing future hurricane related threats through a Commission investigation and possible rule making proceeding. A recent effort towards this objective, PUC Project # 37472, is entitled “Infrastructure Improvement and Maintenance Report Pursuant to House Bill 1831.” In its most recent filing (12/2/09) the Commission adopted Statute 25.94 as seen below. For more information, visit the following link: http://www.puc.state.tx.us/rules/rulemake/37472/37472adt.pdf.

Highlights of Current Requirements According to a 2004 NRRI Survey “'There are no specific requirements for tree trimming, vegetation management or right-of-way clearance at this time... the commission will be guided by the provisions of the American National Standards Institute, Incorporated, the National Electrical Safety Code…”

§25.94-Report on Infrastructure Improvement and Maintenance: (Quoted from Texas Statutes)

(b) Reports. By May 1st of each year, an electric utility shall file with the commission a report that contains the information described in subsection (c) of this section for the previous calendar year.

(c) The utility shall include in the report a description of the utility’s activities related to:

(1) Identifying areas in its service territory that are susceptible to damage during severe weather and hardening transmission and distribution facilities in those areas;

(2) Vegetation management; and (3) Inspecting distribution poles.

(d) Each electric utility shall include in a report required under subsection (b) of this section a summary of

the utility’s activities related to preparing for emergency operations.

Discussion Texas will be a state to watch regarding UVM regulations. Based on discussion with staff, UVM is and will be a big issue to the Texas PUC.



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Utah

PUBLIC SERVICE COMMISSION OF UTAH http://www.psc.state.ut.us/

Pending UVM-Related Issues None identified by PSC Staff

Highlights of Current Requirements NESC is adopted after Utah PSC Rulemaking hearings.

Discussion UVM was not identified as an area of concern at present by the staff.

Vermont

VERMONT PUBLIC SERVICE BOARD http://www.state.vt.us/psb/


Highlights of Current Requirements Vermont adopts the NESC requirements. Additionally, Vermont has comprehensive requirements on various issues related to maintenance of electric utility rights of way.

Vermont Public Service Board 3.600: Maintenance of Electric Utility Rights Of Way.

Discussion UVM does not appear to be an issue of concern at present.



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Virginia

VIRGINIA STATE CORPORATION COMMISSION http://www.scc.virginia.gov/


Highlights of Current Requirements Based on an IEEE study of states that have adopted NESC requirements, “the only explicit requirements placed upon electric utilities are Virginia Code Sections 56-46.2 and 56-265.26-1, which require that overhead electric transmission lines and underground utility lines (including communications) be installed in accordance with the NESC.”

While the state does not adopt Rule 218, it has developed a set of “tree-trimming guidelines,” which cover a myriad of items, such as notifications, compliance with A300, timing of pruning, tree removals and aesthetics.

Discussion The Virginia SCC has looked at UVM activities several times in the last decade. These reviews were typically post-event investigations related to various weather events. Of particular interest are the SCC reports related to the 2000 Super Bowl Sunday Rain Storm and the Hurricane Isabel. Both reports address UVM to some extent.

Washington

WASHINGTON utilities and transportation Commission http://www.wutc.wa.gov/

Pending UVM-Related Issues HB 2163 - 2009-10, An Act relating to the liability of an electric utility and amending RCW 64.12.035, This legislation, introduced in 2009 and carried over to the 2010 session, amends a rule that gives the utility company immunity from claims stemming from performing their vegetation management duties for cutting or removal of the vegetation “necessary to avoid contact between the vegetation and electric facilities.” Proposed revision includes a rewording of the existing act and the following highlight:

• Utilities are not liable for vegetation left in accordance to federal habitat conservation exempt from this rule, including damage resulting from wildfires, erosion, flooding, etc.



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The current version of this act is summarized below.

RCW 64.12.035- Cutting or removing vegetation — Electric utility — Liability — Definitions:

An electric utility is immune from liability claims against UVM when the following vegetation conditions exist:

• Contact with or has caused damage to electric facilities. • Poses an imminent hazard to public, including diseased, dying or dead vegetation or vegetation that

creates an electrical hazard for utility workers, including arborists. • Utility provides notice and description of UVM. • Utility can prune or remove vegetation on agreement with resident, if owner fails to respond to

notification.

WAC 296-127-01387-Power Line Clearance Tree Trimming: This is a law that defines the scope of work for arborists.

Summary of Current Requirements Washington State adopts newest NESC after Commission hearings.

Discussion The proposed legislation could provide some relief for arborists caught between utility requirements and federal agency forestry requirements.

West Virginia

WEST VIRGINIA PUBLIC SERVICE COMMISSION http://www.psc.state.wv.us/

Pending UVM-Related Issues According to staff, “the only current UVM related commission case is an AEP rate case (Case # 05-1278-E-PC-PW-42T) that references the subject.”

Highlights of Current Requirements New editions of the NESC are automatically adopted by West Virginia.

The WVPSC has a history of getting involved with tree-related issues. As such, they have a wealth of Commission decisions available online. To access these rulings and documents, go to the WVPSC Web site and search keyword “trees.” Examples include:

CASE NO. 94-0756-T-C, Dead Trees threatening phone lines

CASE NO. 01-0322-E-C, Private Tree Trimming activities

CASE NO. 93-0222-E-C, Written versus verbal permission

CASE NO. 05-1370-E-C, Dead trees under, but not a threat to the lines



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Discussion According to staff, UVM is “an area of interest.” However, aside from the AEP rate case, not much seems to be happening in WV at present.

Wisconsin

WISCONSIN PUBLIC SERVICE COMMISSION http://psc.wi.gov/

Pending UVM-Related Issues None identified by the PSC staff

Highlights of Current Requirements The Wisconsin PSC adopts the NESC after appropriate rulemaking proceedings. Additionally, Wisconsin has several other requirements that pertain to UVM. These include:

PSC 113.0510-Tree trimming contacts: Defines notification requirements.

PSC 113.0511-Oak tree cutting and pruning: Defines work requirements regarding Oak Wilt.

PSC 113.0512-Identification of potential power line natural hazards: Addresses hazard tree patrolling and liability for fire suppression costs.

PSC 113.0604 Annual report: Requires utilities to report annually on such items as total number of miles trimmed and total UVM expenses.

182.017 (5) (title) Tree Trimming: “Any such corporation which shall in any manner destroy, trim or injure any shade or ornamental trees along any such lines or systems, or, in the course of tree trimming or removal, cause any damage to buildings, fences, crops, livestock or other property, except by the consent of the owner, or after the right so to do has been acquired, shall be liable to the person aggrieved in three times the actual.”

Discussion According to staff, UVM is not an issue in Wisconsin at this point in time.



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Wyoming

WYOMING PUBLIC SERVICE COMMISSION http://psc.state.wy.us/


Highlights of Current Requirements The Commission performs annual field audits of utility companies and this includes UVM reviews.

Discussion According to staff, UVM is not an issue in Wyoming.

Documents

REGULATORY REQUIREMENTS 2006-2009 - CN Utility · • Trends in UVM regulatory requirements • Jurisdiction issues and an overview of existing UVM requirements • A state by state