Current through September 18, 2024
Authority: IC 8-1-1-3; IC 8-1-2-4; IC 8-1.5-3-8
Affected: IC 8-1-2
Sec. 2.
The following definitions apply throughout this rule:
(1) "Brush" means vegetation with stems less
than six (6) inches diameter at breast height.
(2) "Business days" means days other than:
(A) Saturday;
(B) Sunday; or
(C) a legal holiday observed by the state of
Indiana.
(3)
"Commission" means the Indiana utility regulatory commission.
(4) "Customer" means the following:
(A) For purposes of notice, "customer" has
the meaning set forth in
170 IAC 16-1-2(3)
or may include the occupant of the
property.
(B) For purposes of the
disputes, "customer" has the meaning set forth in
170 IAC 16-1-2(3)
but also includes the property
owner.
(5) "Emergency or
storm event":
(A) means:
(i) a condition dangerous or hazardous to:
(AA) health;
(BB) life;
(CC) physical safety; or
(DD) property; exists or is imminent;
(ii) an interruption of
utility service; or
(iii) the need
to immediately repair or clear utility facilities; and
(B) includes:
(i) circumstances that exist that make it
impractical or impossible for a utility to comply with the provisions of the
rule, including, but not limited to:
(AA)
floods;
(BB) ice;
(CC) snow;
(DD) storms;
(EE) tornadoes;
(FF) winds; and
(GG) other acts of God;
(ii) falling trees;
(iii) trees causing outages; and
(iv) trees showing evidence of:
(AA) burning; or
(BB) otherwise having been in direct contact
with electric conductors.
(6) "Implied consent" means the property
owner or customer has not contacted the utility to deny consent within two (2)
weeks after receiving notice that tree trimming will occur.
(7) "In person" means:
(A) person to person delivery of verbal or
written notice by an authorized utility representative to a customer;
or
(B) hand delivery of a door
hanger or similar document accompanied by an attempt by the authorized utility
representative to speak with the resident through actions including knocking on
the door or ringing the door bell, with delivery documented in writing or
computerized entry by the authorized utility representative making the hand
delivery.
(8) "Power
line compatible vegetation" means a plant that at maturity will not reach a
height greater than twelve (12) feet.
(9) "Public safety situation" means the
following:
(A) The existence of a vegetation
condition that could reasonably be expected to cause imminent physical harm to
electrical equipment necessary for the provision of electric service, including
the following:
(i) Trees that are unstable to
the point of representing a danger to utility equipment, facilities, or
personnel in the course of repairs to said equipment or facilities due to
disease, damage, or soil erosion. Personnel may include, but is not limited to,
safety workers such as fire, police, emergency medical personnel, utility line
and repair crews.
(ii) Trees that
lean to a degree that they can touch power lines.
(iii) Trees that have burn marks or other
indicators that they have previously touched a power line.
(B) A condition in vegetation unrelated to
normal growth that would result in contact with power lines or high voltage
equipment and cause imminent physical harm to the public if not immediately
mitigated.
(10)
"Telephone call" means:
(A) Making an attempt
to contact the customer via the telephone number the utility has on file and:
(i) making verbal telephone contact; or
(ii) leaving a message on:
(AA) voice mail;
(BB) an answering machine; or
(CC) an answering service; if
available.
(B) If an attempt is unsuccessful in either
making verbal telephone contact with the customer or leaving a telephonic
message as described in clause (A), a second attempt must be made.
(11) "Utility" means an electrical
public utility subject to the jurisdiction of the commission pursuant to the
provisions of the Public Service Commission Act, IC 8-1-2, that is financed by
the sale of securities and whose business operations are overseen by a board
representing their shareholders.
(12) "Vegetation management" means the
cutting or removal of vegetation or the prevention of vegetative growth to
accomplish one (1) of the following:
(A) The
maintenance of safe conditions around utility facilities.
(B) Ensuring reliable electric
service.
(C) Preventing hazards
caused by the encroachment of vegetation on utility facilities and to provide
utility access to facilities.
(13) "Written notice" means notice sent from
the utility to the customer in one (1) of the following manners:
(A) By electronic mail.
(B) By U.S. mail or another mail delivery
system, including inside utility bills.
(C) By in person delivery of written notice
to the customer's premises, including, but not limited to, a door
hanger.
