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. 4.
(a) At least
two (2) calendar weeks prior to engaging in routine vegetation management, the
utility must provide notice to customers and property owners whose vegetation
will be subject to the vegetation management except under the following
circumstances:
(1) The utility has:
(A) a written easement;
(B) government permit;
(C) contractual agreement; or
(D) court order; that expressly gives the
utility the right to conduct vegetation management activities.
(2) An emergency or storm event
occurs.
(b) A utility
must provide notice to a customer in the following manner:
(1) At least one (1) attempt to contact must
be:
(A) in person; or
(B) via telephone call.
(2) At least one (1) attempt to contact must
include written notice.
(c) Written and in person notice shall
include, at minimum, the following information:
(1) The fact that vegetation management is
scheduled to occur.
(2) An
explanation of:
(A) what vegetation management
is; and
(B) why it is necessary for
safe and reliable electric service.
(3) The fact that nonproperty owners living
or working on the property who receive the notice are strongly encouraged to
notify the property owner as soon as possible that vegetation management is
scheduled to occur.
(4) The fact
that receipt of this notice by the occupant initiates the two (2) week window
for calculating implied consent by the customer.
(5) The estimated date that vegetation
management is scheduled to occur.
(6) Contact information, including, at a
minimum, a telephone number for an authorized utility representative who is
able to answer customer inquiries related to vegetation management.
(d) Written notice will also
include the following:
(1) The heading, "TREE
TRIMMING NOTICE".
(2) The date the
written notice was hand delivered or mailed.
(3) The website address of the commission's
vegetation management administrative rule, this rule.
(4) The commission's website at
http://www.in.gov/iurc.
(5) The utility's vegetation management
website address.
(6) A reference to
an educational resource for planting around electrical facilities, like the
Arbor Day Foundation's right tree, right place program and the website address,
if available.
(7) A website address
and telephone number for customers to obtain the name of the contractor, if
used by the utility, that will deliver the in person notice or conduct
vegetation management.
(8) A
statement that the utility's representative shall carry identification when
delivering the in person notice or conducting vegetation management.
(e) The customer may, within three
(3) calendar days of receiving the notice in subsection (a), request the
utility provide the estimated day that vegetation management is expected to
occur. The utility will then provide the estimated day at least three (3)
business days prior to engaging in vegetation management. If the customer
requests a more specific time, the supervisor shall endeavor to work with the
customer to give a precise time.
(f) A utility must provide notice to a
property owner by publishing notice in at least one (1) newspaper of general
circulation in the county in which the property is located. The notice must
include the following:
(1) The fact that
vegetation management is scheduled to occur.
(2) The area where vegetation management is
scheduled to occur by listing at least one (1) of the following:
(A) The street name and block.
(B) The name of the subdivision.
(C) The intersecting roads bounding the
area.
(D) The specific address of
each property.
(3) The
fact that publication of this notice initiates the two (2) week window for
calculating implied consent by the property owner.
(4) The estimated date that vegetation
management is scheduled to occur.
(5) Contact information, including, at a
minimum, a telephone number for an authorized utility representative who is
able to answer property owner inquiries related to vegetation
management.
(g) The
property owner who receives notice by publication may, within three (3)
calendar days of the notice being published as outlined in subsection (f),
request the utility provide the estimated day that vegetation management is
expected to occur. The utility will then provide the estimated day at least
three (3) business days prior to engaging in vegetation management. If the
property owner requests a more specific time, the supervisor shall endeavor to
work with the property owner to give a precise time.
