Chapter 173
2012 -- H 7532 SUBSTITUTE A
Enacted 06/06/12
A N A C T
RELATING TO
PUBLIC UTILITIES AND CARRIERS - DUTIES OF UTILITIES AND
CARRIERS
Introduced By: Representatives Tarro, and Dickinson
Date Introduced: February 15, 2012
It is enacted by the
General Assembly as follows:
SECTION 1. Chapter 39-2 of the General Laws entitled
"Duties of Utilities and Carriers"
is hereby amended by adding thereto the following
section:
39-2-25.
Contact voltage, detection, repair and reporting. --
(a) As used in this section
“contact
voltage” means and/or refers to a voltage resulting from abnormal power system
conditions that may be present between two (2) conductive
surfaces that can be simultaneously
contacted by members of the general public and/or their
animals. Contact voltage is caused by
power system fault current as it flows through the
impedance of available fault current pathways.
Faults contributing to contact voltage may be due to
electric system deterioration or damage, or
improper installation. Contact voltage is of greatest concern
in areas where underground electric
distribution systems exist, as faults on those systems may remain
active for long periods of time
before detection and repair, and therefore contact voltage
is a potential shock hazard.
(b) Notwithstanding
any general or public law, rule, regulation or order to the contrary,
the
carriers shall initiate a proceeding within forty-five (45)
days of the effective date of this section,
to establish, after notice and provision of the
opportunity for comment and public hearing, a
contact voltage detection and repair program. The program
shall require electric distribution
companies to implement appropriate procedures to detect contact
voltage on publicly accessible
surfaces which could become energized by contact voltage due
to faults in the underground
distribution system. The program shall also recognize the
potential for publicly accessible objects
such as sidewalks, roadways, fences, storm drains, or
other metallic gratings to become energized
by faults to the underground distribution system. The
program shall require every electric
distribution company to adhere to appropriate procedures
established by the commission to:
(1) Designate contact
voltage risk areas. The boundaries of such areas shall be approved
by the commission and shall be based on the presence of
underground electric distribution and
situated in pedestrian-dense areas such as urban
neighborhoods, commercial areas, central
business districts, tourist heavy locations, and other places
where pedestrians could be exposed to
contact voltage;
(2) By June 30, 2013,
conduct an initial survey of no less than forty percent (40%) of
designated contact voltage risk areas, for contact voltage
hazards on all conductive surfaces in
public rights-of-way using equipment and technology as
determined by the commission;
(3) Beginning July
1, 2013, annually survey no less than twenty percent (20%) of
designated contact voltage risk areas, for contact voltage
hazards on all conductive surfaces in
public rights-of-way using equipment and technology as
determined by the commission;
(4) Repair power
system faults of the electric distribution company’s underground
distribution system, that result in contact voltage appearing on
publicly accessible surfaces of a
level to be determined by the division of public utilities;
(5) If during a
survey for contact voltage hazards on conductive surfaces in public rights-
of-way, an energized surface is identified and the proximate
cause is found not to be a utility
company asset, then the utility company has no legal duty;
however, the company may: clearly
designate the area as a contact voltage hazard, and/or notify
the account owner or owner of the
asset causing the contact voltage hazard, and inform the
owner of his/her obligation to perform all
necessary repairs consistent with the terms contained in this
section;
(6) Annually report
on contact voltage findings, including, but not limited to, the number
and
type of energized objects on both company-owned and customer-owned assets,
voltage level,
corrective action taken, shocks that occur to members of the
public or to pets owned by members
of the public, and any other information that the
commission deems appropriate.
(c) The commission
shall require, as part of the program established pursuant to
subsection 39-2-25(b), that electric distribution companies
maintain records of the testing and
subsequent maintenance or repairs performed by such electric
distribution companies, and submit
copies of such records to the commission, which shall make
the records available for public
inspection. The costs of this program shall be fully recovered
by the utility company annually
through a fully reconciling funding mechanism to be submitted
annually to the commission for
review and approval.
(d) The commission
shall review and determine which equipment and technology shall be
used for the surveying of contact voltage consistent with
paragraphs (2) and (3) of subsection (b).
Such a review may include, but not be limited to, the
use of mobile testing technology.
(e) Any electric
distribution company that fails to comply with the requirements of the
program established pursuant to subsection 39-2-25(b) shall
be subject to a penalty to be
determined by the commission and in compliance with Title 39.
(f) As used in this
section, "electric distribution company" means a company as defined
in subsection 39-1-2(12), but not including the Block
Island Power Company or the Pascoag
Utility District.
(g) The commission
shall, within one hundred twenty (120) days of the effective date of
this section, conclude the proceeding initiated pursuant
to subsection 39-2-25(b). Within these
one hundred twenty (120) days, the commission shall also
issue an order establishing the contact
voltage detection and repair program. Within one year after
the issuance of the order establishing
the program, and during each subsequent one year period
following the date of issuance of that
order, the commission shall provide the legislature with a
report on the effectiveness of the
program, and any recommendations for any changes thereto,
including whether to require the
Block Island Power Company or the Pascoag Utility
District to develop and participate in a
contact voltage detection and repair program.
SECTION 2. This act shall take effect upon passage.
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LC01388/SUB A
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