V. SUMMARY OF THE CSD'S PROPOSED RULE CHANGES

The proposed rule changes by staff are attached as Appendix A. The following summarizes the rule changes and explains the staff rationale for each proposed rule change:

1. GO95, Rule 17 - Add rule requiring operators of supply lines to investigate accidents for the purpose of determining the causes and minimizing the possibility of recurrences.

Currently, electric utilities are not required to investigate accidents involving their own electric facilities, which result in fatalities, injuries or major property damage.

Gas utilities subject to the Commission's jurisdiction, on the other hand, are required to investigate accidents and other failures to determine the causes and take action to minimize recurrences. (GO 112-E.) The Commission's gas safety standards incorporate Title 49 of the Code of Federal Regulations (49 CFR) Part 192 in GO 112-E. With respect to gas utilities, 49 CFR, section 192.617, requires an "investigation of failures" and provides:

Each operator shall establish procedures for analyzing accidents and failures, including the selection of samples of the failed facility or equipment for laboratory examination, where appropriate, for the purpose of determining the causes of the failure and minimizing the possibility of a recurrence.

Gas utilities' compliance with 49 CFR, section 192.617, through GO 112-E, has improved gas system safety in California. Numerous improvements in gas utility construction, operation and maintenance procedures have been initiated by gas utilities based on findings from utilities' accident investigations. Also, many safety programs have been developed by utilities following an investigation of an accident and have helped prevent similar accidents in the utilities' service territory. In many cases, the safety and reliability of other utilities in California, and in other states, have benefited from the utilities' thorough investigation of accidents and other failures.

The Commission is charged by Public Utilities Code, section 315, with conducting its own investigation of "the cause of all accidents occurring within this State upon the property of any public utility or directly or indirectly arising from or connected with its maintenance or operation, resulting in loss of life or injury to person or property ...." Generally, Commission staff investigates electric and gas incidents that are reported by utilities under the Commission's accident reporting criteria (Decision 98-07-097, Appendix B for electric and GO 112-E, Section 122 for gas). As noted above, in the case of gas accidents and failures, the Commission has access to the utilities' investigative records and materials and can utilize that information in its own investigation. Often the utility is the first to the scene of an event or arrives very shortly thereafter and in many instances, must repair a site immediately in order to ensure public and/or employee safety. Consequently, in many cases, only the utility will have key information from its initial response to the event that is necessary to a thorough investigation of the matter.

The staff's investigation of utility accidents is conducted to determine whether a utility has complied with relevant laws, rules, orders, directives, and regulations, including Commission GOs. The staff may recommend enforcement action against utilities that appear to have violated such provisions, and/or recommend changes or modifications in utilities' procedures to prevent similar

accidents, and may initiate rule changes to Commission GOs where necessary.

Gas utilities' investigation of their own accidents and the availability of their complete investigation reports to the Commission staff have assisted staff in conducting the Commission's investigations. Whether or not the same preliminary conclusions are reached by the staff and the utility, the exchange of findings and the availability of factual data collected during the investigation is extremely helpful to both the staff and the utility in ensuring a safer and more reliable system.

Electric utilities previously have not been held to the same investigative requirements as gas utilities and consequently, although in some instances electric utilities may conduct investigations of major accidents, their investigative records have generally not been as available to the staff, and in other instances electric utilities may not have conducted a thorough investigation of such event. Electric utilities in the past have also not been held to the same requirements as gas utilities for taking future preventative measures and corrective actions after major accidents. In many cases the causes of serious equipment failures, such as transformer explosions, circuit breaker malfunctions, and switch failures are not provided to the Commission, and/or remain unknown to the electric utilities.

The proposed rule will require electric utilities to investigate the cause of all major accidents (i.e., accidents reported to the staff under Decision 98-07-097, Appendix B). Electric utilities will be required to make their complete investigative reports, causal analysis and findings, and other pertinent investigative records and materials available to the staff, upon request, in a timely manner, and where appropriate, initiate action to prevent future similar accidents/events.

2. GO95, Rule 23.3-B - Change the definition of "private thoroughfares."

GO95 currently defines "private thoroughfare" as "any vehicular way intended primarily for the use of the owners, occupants or visitors of the particular premises with which the way is associated." It defines "public thoroughfare" as "any way open or intended for general vehicular use."

The current definition has generated some controversy as to whether thoroughfares in mobile home parks and other frequently traveled private vehicular ways fall under the definition of private or public thoroughfares. Certain requirements, such as conductor clearances, in GO95 are significantly different for private and public thoroughfares.

Thoroughfares in mobile home parks are usually traveled as frequently, and by the same types of vehicles, as public thoroughfares. Therefore, in order to ensure public safety, the same overhead line construction requirements should apply. The rule is clarified by excluding thoroughfares in mobile home parks and other frequently traveled private vehicular ways from the private thoroughfare definition.

3. GO95, Rule 31.6 - Clarify the intent of the rule by defining "permanently abandoned."

GO95, Rule 31.6 requires "permanently abandoned" facilities to be removed so that such facilities do not become a public nuisance or a hazard to life or property. However, Rule 31.6 does not define "permanently abandoned."

The intent of Rule 31.6 has been the subject of debates among the USB staff, utilities and customers. The staff has received requests for interpretation of Rule 31.6, and specifically for interpretation of the meaning of "permanently abandoned." The staff has also investigated major accidents where abandoned facilities were involved. During routine GO95 compliance inspections, staff (and utility) inspectors frequently need to ensure they understand what is meant by permanently abandoned. The proposed rule specifically defines "permanently abandoned" facilities.

4. GO95, Rule 35 - Revise rule to be consistent with the Public Resources Code and eliminate exceptions 2 and 4.

Confusion has been engendered by clearances required by GO95 between electric lines and vegetation, and those required by the Public Resources Code in State Responsibility Areas (SRAs). In SRAs, the Public Resources Code, Division 4, Part 2, Chapter 3 has specific clearance requirements for electric transmission and distribution lines located upon mountainous land, or in forest-covered land, brush-covered land, or grass-covered land. These clearance requirements in designated areas of the state are generally more stringent than those contained in the current version of GO95, Rule 35. The rule change will incorporate the Public Resources Code transmission and distribution line clearance requirements into GO 95 by reference, because the Public Resources Code requirements are controlling in areas of high fire danger.

Rule 35 requires an 18-inch clearance between primary distribution lines and vegetation to be maintained at all times. Exception 4 of Rule 35 allows this clearance to be reduced to six inches for the trunks and major limbs of mature trees. This exemption applies when the trunks and limbs are of sufficient strength and rigidity to prevent the trunk or limb from encroaching upon the six-inch clearance under local wind and weather conditions. Regardless of whether the application of this exemption may be considered by some as adequate to prevent line-tree contacts causing outages, it fails to consider two major types of public safety incidents:

Eliminating exemption 4 would increase the required clearance between the trunks and major limbs of mature trees and primary distribution conductors to 18 inches and increase safety to patrons, employees and the general public. This would greatly reduce the risk of tree climber and tree trimmer contact with overhead power lines.

Exception 2 exempts a utility from all of Rule 35's provisions when it has made a "good faith" effort to obtain permission to trim a tree. The exception

is vague and, in any event, the outcome of the exception - i.e., exempting a utility from fully complying with Rule 35, is not in the public interest. In order to protect the public's safety, utilities must comply with relevant laws and safety regulations. Eliminating exception 2 will accomplish this. Exemption 3 shall be renumbered as 2.

5. GO95, Rule 37, Table 1, Case 10 - Add clearance requirements between overhead lines and antennas that are not part of the overhead line system.

Existing GO95 rules do not specify minimum required clearances between overhead lines and antennas that are not part of the overhead line system, such as rooftop antennas or satellite dishes. Considering the increased demand for antenna installations, a specific clearance requirement should be added to Rule 37 of GO 95. Staff has received at least one interpretation request regarding the clearance of antennas from power lines. The proposed rule will require clearances between antennas and overhead lines equivalent to the clearances required between street lighting/traffic signal poles and overhead lines (Table 1, Case 10).

6. GO95, Rule 44.2 - Eliminate reduction of safety factors based on changes in construction arrangement and correct safety factor requirement.

The first part of the rule change, which eliminates the reduction of safety factors based on changes in construction arrangement, is consistent with the CSD's recommendations in the December 1995 Storm phase of the PG&E General Rate Case (I.95-02-015). Ordering Paragraph No. 11 of our June 1999 decision in that proceeding (D.99-06-080, at 109) asks the staff to suggest a rule change to Rule 44.2 concerning the revision of wood pole minimum safety factors and their replacement or reinforcement.

GO95, Rule 44.1 specifies the minimum safety factors for lines and elements of lines at the time of installation. Rule 44.2 allows the reduction of these safety factors to two-thirds, for grades of construction "A" and "B" and to

one-half for grades of construction "C" and "F," of the initial safety factor based on deterioration or changes in construction arrangement. The phrase "Changes in construction arrangement" in Rule 44.2 has been interpreted by the industry to include the installation of additional facilities (such as supply or communication cables). Based on this interpretation, the initial installation safety factors in Rule 44.1 are rendered inadequate, and enforceability of the rule is severely hampered since any additional supply or communication line installed after the initial installation of the pole is likely to reduce the safety factors to the values in Rule 44.2. In order to ensure that adequate safety factors are maintained at the time of installation of new facilities (including supply or communication cables attached after the original installation of the pole), the proposed rule will limit the safety factor reduction to only deterioration.

The second part of the rule change corrects Rule 44.2 to prevent safety factors from dropping below one and causing facilities to fail. Rule 44.2 allows safety factors for grades of construction "F" to be reduced to one-half of the initial value required by Rule 44.1. Applying this reduction to certain initial safety factors, which are equal to one, reduces the allowed safety factors to one-half. This could mean failure of the facility since dropping below a safety factor of one means exposing the structural member to a load that is more than its maximum working load.

7. GO95, Rule 60 - Incorporate by reference the National Electric Safety Code's rules applicable to substations and generating stations.

GO95 currently contains certain requirements that address some aspects of extra high voltage lines (e.g., Section VI), and other requirements that are applicable to all lines, such as clearances and safety factors. However, the staff believes that specific requirements concerning substations and generating stations are necessary to ensure employee, customer, and public safety and service reliability. The National Electric Safety Code (NESC), Part 1, "Rules for the Installation and Maintenance of Electric Supply Stations and Equipment" contains

more detailed requirements for substations and generating stations than GO95. The proposed rule change incorporates the NESC rules applicable to generating stations and substations, which are followed in most states, into California's GO95.

This rule change is necessary since the existing Rule 81.3-A allows safety factors to drop to one-half. This could result in a failure of the facility since dropping below a safety factor of one means exposing the structural member to a load that is more than its maximum working load. The rule is revised to increase the minimum safety factor from one-half to one.

9. GO128, Rule 17.7 - Revise rule to be consistent with Government Code section 4216 requirements.

GO128, Rule 17.7 requires each party operating facilities, upon request, to provide information regarding the location of its underground facilities to any other party contemplating underground construction in the vicinity. In California, such requests for facility mark-outs are processed through a one-call system called Underground Service Alert (USA). Government Code section 4216 requires all operators of underground facilities to participate in USA. Section 4216 also specifies many requirements that both excavators and operators of underground facilities must follow, such as marking methods and requirements for timely notification and response.

Because Rule 17.7 existed before the effective date of section 4216, Rule 17.7 does not refer to USA and does not contain specific marking requirements. This has caused a potential for ambiguity and enforcement difficulties for the Commission. By incorporating section 4216 into GO128, Rule 17.7, location information requirements in GO128 should become clearer and more specific.

9. GO128, Rule 17.8 - Revise rule to include self-contained surface-mounted equipment.

GO128, Rule 17.8 requires that all electric supply and communication manholes, handholes, and subsurface equipment are designated with an indication of the owner of the facilities, so that the facilities could be identified as utility facilities by authorized workers and by other persons performing work where such subterranean equipment is located. Utilities currently meet this requirement by engraving or welding ownership identification on the covers of these facilities. However, a similar ownership designation is not currently required for self-contained surface-mounted equipment. Self-contained surface-mounted equipment, commonly referred to as "pad-mounted" equipment, is installed to facilitate the operation of underground distribution systems. This equipment is often installed at locations accessible to the public. Consequently, with respect to self-contained surface-mounted equipment, such equipment poses the same type of risk alleviated in the case of manholes, handholes and subsurface equipment by current Rule 17.8, to the public at large and to those who may be working in such areas.

To ensure public and employee safety, Rule 17.8 should be modified to extend the safety requirement to pad-mounted equipment and require that owners of such equipment clearly mark it in order to facilitate its identification and/or enable the public to provide the utility with notification of potentially unsafe conditions that may exist.

11. GO128, Rule 18 - Add rule requiring operators of supply lines to investigate accidents for the purpose of determining the causes and minimizing the possibility of recurrences.

This proposed rule is identical to GO95, Rule 17 above except it is applicable to operators of underground supply lines.

12. GO128, Rule 33.4-A (3)(a) - Modify underground clearance requirement between supply cables and gas pipes to be consistent with GO112-E.

There is confusion between provisions in GOs 128 and 112-E related to the underground clearance requirements between gas and electric lines. GO128, Rule 33.4 (3)(a) allows a clearance of only six inches between supply cables and foreign substructures (such as gas lines) when crossing. GO112-E (reference 49 CFR, Part 192, section 192.325(a)), requires a minimum clearance of 12 inches between gas transmission lines and other underground structures (such as supply cables).

To avoid confusion in regulations and ensure safety, the proposed rule will require a 12-inch separation between supply cables and gas transmission lines.

13. GO128, Rule 35.2 - Clarify the intent of the rule by stating that it is applicable to workers as well as the general public.

GO128, Rule 35.2 requires that live parts be "enclosed, isolated, guarded, or insulated to prevent accidental contact." Utilities subject to this Commission's jurisdiction have contended that the existing language of the rule is intended to protect only the public, rather than the utilities' employees as well as its patrons and the general public. For example, questions have arisen as to whether the rule requires live parts located inside fenced structures or walk-in vaults, which are accessible only to utility employees, to be guarded. Is the fence or wall, which guards the public from access inside the enclosure or vault, sufficient?

The California Code of Regulations, Title 8 (Cal/OSHA standards) sections 2700-2974 (High-Voltage Electric Safety Orders) establishes minimum requirements for the installation, operation, and maintenance of electrical equipment to ensure safety to personnel working around such installations. Section 2717 "Energized Parts" requires energized parts "to be so located or enclosed as to prevent accidental contact by persons or objects." However,

installations subject to the jurisdiction of this Commission, that are owned, operated and maintained by an electric utility have been exempt from the Cal OSHA's High-Voltage Electric Safety Orders.

Every public utility is required to "furnish and maintain such adequate, efficient, just and reasonable service, instrumentalities, equipment, and facilities as are necessary to promote the safety, health, comfort, and convenience of its patrons, employees and the public." (Pub. Util. Code, § 451, emphasis added.) The purpose of GO128, as stated in Rule 11, is to secure safety to persons engaged in the construction, maintenance, operation or the use of underground systems, as well as the general public. Therefore, Rule 35.2 is and should be applicable in areas accessible only to utility personnel.

The rule is revised to further clarify that it is intended to protect utility employees working in the vicinity of live parts, as well as patrons and the public.

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