The safety and reliability of the electric delivery system is a principal concern of the Commission. Parties noted that BPL poses unique safety issues since it is attached directly to energized electric wire. We find this to be a compelling reason for not pursuing an open or mandatory access model for BPL deployment. Since the utilities continue to be responsible for maintaining high standards of safety and reliability, we expect the utilities to determine whether or not BPL equipment can be installed on their system, who can install the equipment and how the equipment should be installed and operated.
To ensure that the Commission's General Orders related to overhead and underground electric lines are address issues introduced by BPL, we adopt the proposal put forward in the OIR:
Electric utilities must continue to comply with the rules, requirements, and standards promulgated by the Commission's General Order #95, which applies to the construction of overhead lines, and General Order #128, which applies to the construction of underground electric supply and communication systems. As previously noted in D.98-10-058, these are minimum standards and the utilities may require additional safeguards and conditions as necessary to ensure safety and service. If in the course of implementing BPL projects utilities identify a need to revise applicable Commission rules or General Orders, the utilities are free to request appropriate relief from the Commission and the CPUC will address the request expeditiously. Utilities shall ensure that their compliance with the Commission's GO #95 and GO # 128 and their setting and application of additional safeguards and conditions is performed in a competitively neutral manner with respect to other communications and information providers who seek similar access. (OIR, p.12)