Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This rule sets forth requirements that
electrical corporations shall follow in managing vegetation in proximity to an
energized distribution conductor and sets reporting requirements for
transmission line vegetation management in order to promote a safe, efficient
and reliable supply of electric power. The requirements in this rule provide
the minimum standards for the vegetation management programs of electrical
corporations. Each electrical corporation must have a vegetation management
plan and keep appropriate records to ensure that timely vegetation management
is accomplished. These records must be made available to the Missouri Public
Service Commission (commission) upon request.
PUBLISHER'S NOTE: The secretary of state has
determined that the publication of the entire text of the material which is
incorporated by reference as a portion of this rule would be unduly cumbersome
or expensive. This material as incorporated by reference in this rule shall be
maintained by the agency at its headquarters and shall be made available to the
public for inspection and copying at no more than the actual cost of
reproduction. This note applies only to the reference material. The entire text
of the rule is printed here.
(1) Definitions. The following words and
terms, when used in this rule, shall have the following meaning unless the
context clearly indicates otherwise.
(A)
Arboriculture means the cultivation of trees, shrubs and other woody
plants.
(B) Contractor means a
person or entity, other than the commission, with which electrical corporation
contracts to perform work, furnish information and/or material. This term
includes all subcontractors engaged by a contractor to perform any of the
obligations required by a contract.
(C) Distribution line means a primary
electric voltage line, wire or cable, energized at less than two hundred
thousand (200,000) volts. However, any distribution line subject to this rule
shall thereafter be exempt from this rule at such time the electrical
corporation provides the commission written proof that such distribution line
has been deemed "critical to the reliability of the region" by the Federal
Energy Regulatory Commission (FERC), a regional reliability organization or the
North American Electric Reliability Council (NERC).
(D) Energized conductor means an electric
circuit or equipment through which electricity is flowing or usually flows
within the transmission or distribution system.
(E) Electrical corporation means electrical
corporation as defined in section
386.020(15),
RSMo Supp. 2007.
(F) Right-of-way
means less than fee interest in property, which gives a public utility a
limited right to use land owned by another person or entity for the purpose of
transmitting or distributing electricity. This right is typically memorialized
in an easement.
(G) Rural means
those areas in which there are fewer than thirty-five (35) customers per
circuit mile.
(H) Transmission line
means an electrical line, wire or cable (including the supporting structures),
and appurtenant facilities which transmits electricity from a generating plant
to electric distribution lines, and is operated at or above two hundred
thousand (200,000) volts.
(I) Tree
means a woody plant at least twelve feet (12') tall at maturity with one (1)
main stem and having a distinct head in most cases.
(J) Urban means those areas in which there
are thirty-five (35) or more customers per circuit mile.
(K) Vegetation means trees, shrubs and other
woody plants.
(L) Vegetation
management means the removal of vegetation or the prevention of vegetative
growth to maintain safe conditions around energized conductor(s) and ensure
reliable electric service. Vegetation management consists of biological,
chemical, cultural, manual and mechanical methods to control vegetation in
order to prevent hazards caused by the encroachment of vegetation on energized
conductor(s), and to provide utility access to the conductor.
(M) Volts means nominal voltage levels,
measured phase-to-phase.
(N) Woody
plant means any vascular plant that has a perennial woody stem and supports
continued vegetative growth above ground from year-to-year and includes
trees.
(2) General
Provisions.
(A) An electrical corporation
shall ensure that vegetation management is conducted in accordance with this
rule along energized distribution line conductors of six hundred (600) volts
and higher, that the electrical corporation owns, in whole or in
part.
(B) Each electrical
corporation shall obtain for its own employees, and shall contractually require
that its contractors obtain, all required permits and licenses prior to
commencement of vegetation management.
(C) Each electrical corporation and its
contractors using chemical or biological agents in vegetation management shall
comply with any laws or regulations governing the use of those biological and
chemical agents.
(D) Each
electrical corporation shall employ a vegetation manager. The vegetation
manager shall supervise all aspects of the electrical corporation's vegetation
management program, and shall ensure that the electrical corporation complies
with this rule. The vegetation manager's name and contact information shall be
posted on the electrical corporation's website and shall be included on all
notifications provided pursuant to the notice requirements of section (7) of
this rule.
(E) Each electrical
corporation and its contractors shall inform workers hired to perform
vegetation management of all applicable federal, state, county, and municipal
laws, rules or regulations that apply to the work performed under this rule.
The electrical corporation shall also ensure that all contractors comply with
each applicable requirement of this rule.
(F) An electrical corporation that agrees to
perform vegetation management at the request of a municipality or government
agency, other than vegetation management required under this rule, may require
the requesting party to pay any cost above the electrical corporation's cost to
perform the vegetation management required by this rule. An electrical
corporation shall not perform such additional vegetation management if the
additional vegetation management would decrease the reliability or safety of an
energized conductor.
(G) Upon an
electrical corporation's receiving notice of, or having actual knowledge of,
vegetation conditions that pose an imminent threat to the reliable or safe
function of electrical facilities, the electrical corporation shall promptly
remove or remedy the potential threat. If, pursuant to the first sentence of
this section, removal of the vegetation requires the electrical corporation to
access or cross property for which it does not hold an easement or other legal
authorization, the electrical corporation shall make reasonable efforts to
obtain any necessary permission from the property owner and remove or remedy
the potential safety concern as promptly as possible.
(3) Maintenance Cycle.
(A) An electrical corporation shall perform a
visual inspection at least once every two (2) years of all urban energized
distribution conductors and at least once every three (3) years of all rural
energized distribution conductors, to determine whether vegetation management
is needed. Where needed, the electrical corporation shall perform vegetation
management in a timely manner. Vegetation management performed along a circuit
in compliance with this rule shall meet this two (2)- or three (3)-year visual
inspection requirement, accordingly.
(B) In addition to the maintenance required
in subsection (3)(A) above, if an electrical corporation becomes aware either
through notification or during the inspections required under subsection (3)(A)
above or at any other time, of any vegetation close enough to pose a threat to
its energized conductor, which is likely to affect reliability or safety prior
to the next required vegetation management, the electrical corporation shall
ensure that necessary vegetation management is promptly performed as required
under section (4) of this rule.
(4) Technical Standards for Vegetation
Management.
(A) Each electrical corporation
shall ensure that vegetation management conducted on its energized distribution
conductors is performed in accordance with the following applicable standards,
which are hereby incorporated by reference, include no later amendments or
additions, are on file with the commission's data center and available for
inspection:
1. "Pruning, Trimming, Repairing,
Maintaining, and Removing Trees, and Cutting Brush-Safety Requirements, 2006."
This document, also known as ANSI Z133.1-2006, is published by the American
National Standards Institute, 1819 L Street, N.W., Suite 600, Washington, DC
20036;
2. Part 1 of the document
entitled "Tree, Shrub, and Other Woody Plant Maintenance-Standard Practices,
2001." This document, also known as ANSI A300-2001, is published by the
American National Standards Institute, 1819 L Street, N.W., Suite 600,
Washington, DC 20036; and
(B) Each electrical corporation shall develop
its own vegetation management standards, guidelines and procedures, which shall
be consistent with this rule. In developing these standards, guidelines and
procedures, an electrical corporation shall prioritize its vegetation
management based upon:
1. The extent of the
potential for vegetation to interfere with the energized conductor;
2. The voltage of the affected energized
conductor; and
3. The relative
importance of the affected energized conductor in maintaining safety and
reliability.
(C) Each
electrical corporation shall file a copy of its vegetation management
standards, guidelines and procedures at the commission by July 1, 2008, with
verification by affidavit of an officer who has knowledge of the matters stated
therein. If an electrical corporation makes a change in its vegetation
management standards, guidelines or procedures, it shall file a copy of the
change at the commission no later than thirty (30) days prior to implementing
the change, with verification by affidavit of an officer who has knowledge of
the matters stated therein.
(D)
Each electrical corporation's vegetation management standards, guidelines and
procedures shall cover, at a minimum, all of the following activities:
1. Tree pruning and removal;
2. Vegetation management around poles,
substations and energized conductors;
3. Manual, mechanical, biological or chemical
vegetation management along rights-of-way;
4. Inspection of areas where vegetation
management is performed, both before and after the vegetation
management;
5. Research and
development of improved vegetation management; and
6. Public education.
(E) Among the factors the electrical
corporation shall consider in determining the extent of vegetation management
to be performed at a particular site are:
1.
The rate at which each species of vegetation is likely to grow back;
2. The voltage of the energized conductor,
with higher voltages requiring larger clearances;
3. Sag of conductors at elevated temperatures
and under wind and ice loading, and growth habit, strength, and health of
vegetation growing adjacent to the conductor with the combined displacement of
the vegetation, supporting structures, and conductors under adverse weather or
routine wind conditions; and
4. The
electrical corporation's legal rights to access the area where vegetation
management is to be performed.
(F) The electrical corporation shall remove
all trimmings and cut vegetation resulting from vegetation management that are
part of the electrical corporation's regular maintenance cycle, within five (5)
business days after the vegetation was cut, except if:
1. The electrical corporation obtains consent
from the owner of the property upon which the trimmings or cut vegetation are
located to leave the trimmings or cut vegetation; or
2. The vegetation management is performed as
a direct result of an outage caused by a storm as described in the electrical
corporation's standard procedures. The electrical corporation shall include a
copy of its standard procedures regarding removal of trimmings or cut
vegetation during outages caused by a storm in its annual vegetation management
filing. If the electrical corporation proposes to change its standard
procedures regarding removal of trimmings or cut vegetation during outages
caused by a storm, the electrical corporation shall file the proposed changes
with the commission, and other parties shall have thirty (30) days to comment
on the proposed changes.
(5) Transmission Line Vegetation Management.
Every electrical corporation shall send the commission's energy department a
copy of every filing it makes on vegetation management of its transmission
lines with the FERC, a regional reliability organization, or the
NERC.
(6) Training, Record Keeping
and Reporting.
(A) Each electrical corporation
shall adopt standards to be used by all persons who perform vegetation
management for the electrical corporation, whether employees or contractors,
for the proper care of trees and other woody plants, including safety practices
and line clearance techniques.
(B)
The electrical corporation shall monitor and document all scheduled vegetation
management and related activities it or its contractors performs. Documentation
shall include, but shall not be limited to:
1. Identification of each circuit and
substation where vegetation management was performed;
2. The type of vegetation management
performed including removal, trimming and spraying and methods used;
3. The crew size and supervisor's
name;
4. The date of
activity;
5. Any safety hazards
encountered; and
6. Any unexpected
occurrence or accident resulting in death, life-threatening or serious injury
to a person assigned to perform vegetation management activities or the
public;
(C) Each
electrical corporation shall include a summary of the information required in
subsection (6)(B) above about its vegetation management during the past year,
and vegetation management planned for the following year in an annual report to
be filed with the commission by April 1 each year, with verification by
affidavit of an officer who has knowledge of the matters stated therein. The
report shall also include:
1. Expenditures
for vegetation management in the preceding year;
2. Vegetation management budget for the
current year;
3. Circuits,
completion dates and miles trimmed in the preceding year;
4. Circuits, completion dates and miles
scheduled for the current year; and
5.
Total distribution miles for the system and corresponding
classification between rural and urban.
(D) Each electrical corporation shall report
its own violations of this rule to the commission within thirty (30) days of
discovery and include its plan for correcting the violation.
(E) The staff of the commission shall review
each electrical corporation's vegetation management annual report for
compliance with the provisions of this rule. The staff shall identify any
deficiencies in the annual report of each electrical corporation and file its
analysis and recommendations for each electrical corporation complying with the
provisions of this rule.
(7) Public Notice of Planned Vegetation
Management.
(A) Each electrical corporation
shall make a diligent attempt to notify all property owners or occupants that
may be affected by planned vegetation management. This requirement will be
satisfied if the electrical corporation provides notice to affected property
owners or occupants at least seven (7) days, but not more than ninety (90)
days, prior to performing planned vegetation management activity. Notice shall
be provided by direct mailing, door hanger, postcard, bill insert, personal
contact or any other commission-approved method.
(B) Each electrical corporation shall
maintain a record of the dates, content, and addresses to which all notices
provided under subsection (7)(A) were given until the subsequent vegetation
management cycle has occurred for each affected property owner or
occupant.
(C) Each electrical
corporation or its contractor shall provide written notice of any pending
vegetation management activities to a primary contact for each county and
municipality affected. The primary contact shall be selected by mutual
agreement between the electrical corporation and the highest elected official,
or if no elected official, then the highest appointed official, of the county
and municipality.
(D) An electrical
corporation shall notify counties and municipalities that may be affected by
vegetation management activities. The notice shall be made in writing to the
primary contact designated under subsection (7)(C) above, at least two (2)
months in advance of the planned vegetation management. This notice shall
include the planned dates and locations of the vegetation management. In
addition, the notice of vegetation management shall be in a form appropriate to
each electrical corporation's procedures and easement
rights.
(8) Outreach
Programs.
(A) Each electrical corporation
shall conduct an annual public education program to inform its customers, as
well as the political subdivisions in the electrical corporation's service
territory, of the importance of vegetation management, and of the electrical
corporation's role and responsibility in managing vegetation near electric
lines.
(B) The public education
program required under this section shall be implemented by direct mail or
another method approved by the commission.
(C) Each electrical corporation shall post
its public education materials on its website.
(9) Specific Requirements.
(A) Each electrical corporation shall perform
vegetation management in accordance with this rule as follows:
1. On no less than fifteen percent (15%) of
its total urban distribution miles by the twelve (12) month anniversary of the
effective date of this rule, and on no less than fifteen percent (15%) of its
total rural distribution miles by the eighteen (18) month anniversary of the
effective date of this rule;
2. On
no less than forty percent (40%) of its total urban distribution miles by the
twenty-four (24) month anniversary of the effective date of this rule, and on
no less than forty percent (40%) of its total rural distribution miles by the
thirty-six (36) month anniversary of the effective date of this rule;
3. On no less than seventy percent (70%) of
its total urban distribution miles by the thirty-six (36) month anniversary of
the effective date of this rule, and on no less than seventy percent (70%) of
its total rural distribution miles by the fifty-four (54) month anniversary of
the effective date of this rule;
4.
On no less than one hundred percent (100%) of its total urban distribution
miles by the four (4) year anniversary of the effective date of this rule, and
on no less than one hundred percent (100%) of its total rural distribution
miles by the six (6) year anniversary of the effective date of this rule; and
5. Thereafter, on no less than
twenty-five percent (25%) of its total urban distribution miles each year, and
on no less than twenty-five percent (25%) of its total rural distribution miles
each eighteen (18) months.
(B) To the extent permitted by current
easements or other authority, each electrical corporation must maintain the
following minimum clearances of vegetation from conductors at the time
vegetation management is conducted:
1. For
conductors energized above fifty thousand (50,000) volts, fifteen feet (15') or
the edge of the right of way, whichever is less;
2. For conductors energized at six hundred
(600) through fifty thousand (50,000) volts, ten feet (10') or the edge of the
right of way, whichever is less;
3.
Subtransmission lines and three (3)-phase distribution feeders/backbone
circuits (portion of distribution system directly interconnected with
distribution substation and prior to the first protective device) shall be
trimmed vertically to remove overhanging limbs to the widths prescribed in
paragraphs (9)(B)1. and (9)(B)2. above;
4. Notwithstanding any provision to the
contrary in this section (9), for conductors energized at or below thirty-five
thousand (35,000) volts, mature trees whose trunks or limbs have sufficient
strength and rigidity to prevent the trunk or limbs from damaging the conductor
under reasonably foreseeable wind and weather conditions are exempt from the
minimum clearance requirements in this section (9); and
5. The radial clearances in subsection (9)(B)
are minimum clearances that should be established between the vegetation and
the energized conductors and associated live parts where practicable.
Vegetation management practices may make it advantageous to obtain greater
clearances than those listed. In the event that the specific trimming conflicts
with any other materials within this chapter the strictest rules shall
apply.
(10) In
the event an electrical corporation incurs expenses as a result of this rule in
excess of the costs included in current rates, the corporation may submit a
request to the commission for accounting authorization to defer recognition and
possible recovery of these excess expenses until the effective date of rates
resulting from its next general rate case, filed after the effective date of
this rule, using a tracking mechanism to record the difference between the
actually incurred expenses as a result of this rule and the amount included in
the corporation's rates, or if there is no identifiable amount included in the
corporation's rates, the amount reflected in the appropriate uniform system of
accounts account for vegetation management on the corporation's books for the
test year (as updated) from the corporation's last rate case will be used to
determine the amount included in current rates. In the event that such
authorization is granted, the next general rate case must be filed no later
than five (5) years after the effective date of this rule. Parties to any
electrical corporation request for accounting authorization pursuant to this
rule may ask the commission to require the electrical corporation to collect
and maintain data (such as actual revenues and actual vegetation management
expenses) until such time as the commission addresses ratemaking for the
deferrals. The commission will address the ratemaking of any costs deferred
under these accounting authorizations at the time the electrical corporation
seeks ratemaking in a general rate case.
(11) Variances. A variance from a provision
of this rule may be granted only for good cause shown. Nothing in this rule
shall prevent an electrical corporation from proposing and the commission from
approving an alternative vegetation management plan in variance of paragraphs
(9)(B)1. and 2., if the electrical corporation can establish that the
alternative vegetation management plan has previously produced greater
reliability performance than would be produced under this rule or that the
alternative vegetation management plan shall produce greater reliability
performance in the future than would be produced under this rule.
*Original authority: 386.040, RSMo 1939; 386.250, RSMo
1939, amended 1963, 1967, 1977, 1980, 1987, 1988, 1991, 1993, 1995, 1996;
386.310, RSMo 1939, amended 1979, 1989, 1996; 393.130, RSMo 1939, amended 1949,
1967, 1969, 2002; and 393.140, RSMo 1939, amended 1949,
1967.