Conclusions of Law
1. Established trees with mature, woody trunks, and mature trees with directionally pruned major limbs should be exempt from the 18-inch minimum clearance requirement mandated by D.97-01-044, if the proximity of the conductor presents no material hazard of contact between the conductor and the tree, as determined by application of objective criteria.
2. The Commission should not adopt a special rule pertaining to the trimming of "readily climbable" trees.
3. The Commission should not grant any extension of the final deadline for attaining full compliance with the clearance requirements set forth in D.97-01-044.
4. The Commission should support the development of the utility vegetation reference manual described in the workshop report.
5. The Commission should not adopt a rule which would require utilities to inspect customers' service drops. Whenever the utilities have actual knowledge (through normal operating practices or notification) that the service drop shows strain or abrasion from tree contact, they are responsible for appropriate trimming.
6. Any utility whose Electric Rule 16 (Service Extensions) is inconsistent with Rule 35 of GO 95 should conform its Electric Rule 16 to be consistent.
7. The Commission should consider the adoption of a resolution which would support revision of the California Code of Regulations to require agricultural orchard owners, and their tenants and contractors, to provide warnings and instruction to workers concerning the hazards of working in proximity to utility power lines.
8. The Commission should facilitate the continuation and expansion of public awareness and education programs concerning the hazards associated with the proximity of trees and vegetation to overhead power lines.
9. No change in the accident reporting requirements adopted in D.96-09-045 should be ordered in this proceeding.
10. The Commission should not require investor-owned utilities in California to adopt a conductive handle exchange program.
IT IS ORDERED that:
1. The following exemption is added to Rule 35 of General Order (GO) Number 95:
"4. Mature trees whose trunks and major limbs are located more than six inches, but less than eighteen inches, from primary distribution conductors are exempt from the 18-inch minimum clearance requirement under this rule. The trunks and limbs to which this exemption applies shall only be those of sufficient strength and rigidity to prevent the trunk or limb from encroaching upon the six-inch minimum clearance under reasonably foreseeable local wind and weather conditions. The utility shall bear the risk of determining whether this exemption applies, and the Commission shall have final authority to determine whether the exemption applies in any specific instance, and to order that corrective action be taken in accordance with this rule, if it determines that the exemption does not apply."
Any respondent which intends to avail itself of the provisions of this exemption shall, within 180 days after the effective date of this order, file with the Commission and serve upon the other respondents objective criteria specifying when tree limbs, either large or directionally-pruned, will be routinely considered if adequate strength and stability to prevent contact with lines.
2. Ordering Paragraph 3 of Decision (D.) 97-01-044 is amended as follows:
"Each utility shall comply with the standards promulgated in D.97-01-044 by trimming to the extent of:
· "33 1/3% of the total number of trees requiring trimming by the 12-month anniversary of that order;
· "66 2/3% of the total number of trees requiring trimming by the 18-month anniversary of the order; and
· "100% compliance by the two-year anniversary of the order."
3. The question of whether conductive tools with handles at least six feet long should be labeled concerning the hazards associated with use near overhead electric lines is referred to the Commission's Utilities Safety Branch and Office of Governmental Affairs for analysis and a recommendation as to the appropriate course of action by the Commission.
4. Any respondent electric utility whose Electric Rule 16 (Service Extensions) requires revision in order to conform to Rule 35 of GO 95 shall file within 20 days an advice letter revising Electric Rule 16 (Service Extensions) to conform with Rule 35 of GO 95, and shall serve a copy of its advice letter upon other parties in this proceeding. The advice letter shall require a resolution of the Commission for approval.
5. The Utilities Safety Branch is authorized to participate in the efforts of the GO 95/128 Committee of the utility industry with respect to the development of the utility vegetation reference manual described in the workshop report, and to report to the Commission from time to time about the nature and progress of those efforts, until the production and distribution of that manual is complete. Members of the public shall be entitled to attend and observe meetings of the Committee in which Utilities Safety Branch personnel participate.
6. The Utilities Safety Branch is directed to draft for the Commission's consideration an appropriate resolution concerning revision of the California Code of Regulations to require agricultural orchard owners, and their tenants and contractors, to warn workers of the hazards of working near overhead power lines.
7. The Utilities Safety Branch is directed to maintain contact with utilities and other interested parties concerning the development and expansion of programs to increase public education and awareness of the hazards of the proximity of trees and vegetation to utility overhead power lines. The Commission's Outreach Program shall be available to assist in these efforts. The Utilities Safety Branch shall furnish a report of the status of these efforts, and a statistical comparison of reported incidents of tree trimming injuries involving the use of conductive-handled tools since the issuance of the workshop report (including the locations and dates thereof) , not later than 90 days after the second anniversary of the issuance of this order.
8. Investigation 94-06-012 is closed.
This order is effective today.
Dated October 22, 1997, at San Francisco, California.
P. GREGORY CONLON
President
JESSIE J. KNIGHT, JR.
HENRY M. DUQUE
JOSIAH L. NEEPER
RICHARD A. BILAS
Commissioners
(SEE FORMAL FILES FOR APPENDICES A & B)
