1 OAR Divisions 24 and 28 Revised Rules BBackground on the Rulemaking IImpacts to Industry AAnticipated Wireless Docket OOJUA Focus, Accomplishments.

1 OAR Divisions 24 and 28 Revised Rules BBackground on the Rulemaking IImpacts to Industry AAnticipated Wireless Docket OOJUA Focus, Accomplishments and Future Plans

2 WWhat are Administrative Rules? WWhy the Rulemaking? Background

3 “ORS 183.310(9) defines “rule” as “any agency directive, standard, regulation or statement of general applicability that implements, interprets or prescribes law or policy, or describes the procedure or practice requirements of any agency.” Administrative Rules

4 IIt had been over 5 years since House Bill 2271 PPUC Staff Policies not authoritative when under legal challenge IIncreased number of Disputes before the Commission requiring efficient resolution AA need to elevate industry concerns to the Commissioners DDOJ requested White Paper from PUC Safety Staff OOJUA Strategic Plan in response to the White Paper was not fully endorsed by Commission Safety Staff Why the Rulemaking?

5 ADOPT: 860-024-0011, 860-024-0012, 860- 024-0016 AMEND: 860-024-0001, 860-024-0050 The newly adopted rules and amended rules establish more comprehensive safety and joint use rules for electric utilities, telecommunications utilities, telecommunications providers, cable television operators and other entities that own or operate power line and communications line facilities. To accommodate competitive changes in the industries and to ensure that Oregon’s utility lines and facilities are constructed, operated and maintained in a safe and efficient manner; the new and amended rules focus on inspection and compliance work, vegetation clearance requirements and other safety provisions. DIVISION 24 AR-506 Phase I Commission Safety Rules For Copy of PUC ORDER 06-547 including New Commission Safety Rules, see PUC Website: http://apps.puc.state.or.us/orders/2006ords/06-547.pdf

6 ORDER NO. 06-547 (APPENDIX A) Division 24 Commission Safety Rules

8 IImpacts to the Industry “Commission Safety Rules” RRules are Mandatory IIncorporates current version of the NESC SSupplements and in some cases modifies the NESC “Material violation” “Pattern of non-compliance” TThe above two definitions are used by the Commission to impose a shorter inspection cycle Definitions add clarity to the intent of the rules Low Med High None Low Med High None Occupant Owner Telecom Power Wireless

11 ORDER NO. 06-547 (APPENDIX A) Division 24 Commission Safety Rules IImpacts to the Industry Provides mandatory, structured and time certain for overhead and underground inspection schedule NNESC says “…as experience shown to be necessary…” CCommission Safety rules requires a maximum ten year cycle with a check in at five years SSafety Patrols and Sub-Station inspection intervals mandated for Power Utilities Maintain Records NNESC says “…such records shall be maintained until the defects are corrected.” CCommission Safety rules require maintenance of written records Notice of Geographic Area PPower Utilities must provide advance notice of annual coverage areas for inspection PPromotes coordination of inspections and corrections Telecom Power Wireless Occupant Owner Low Med High None Low Med High None

13 ORDER NO. 06-547 (APPENDIX A) Division 24 Commission Safety Rules IImpacts to the Industry Prioritization of repairs NNESC says “…defects that could reasonably be expected to endanger life or property shall be promptly repaired…” “…such records shall be maintained until the defects are corrected.” CCommission Safety Rules establish deadlines for repairs in the law for the first time in Oregon “A” Imminent Danger fix now “B” All others on a Two Year Plan “C” Option for a Ten Year Deferral NNo foreseeable risk to life or property DDetailed Plan AAffected Parties Agree NESC Waiver Rule allows for temporary modification in emergencies Commission Safety Rules Waiver Provision allows permanent waiver FFor good cause shown WWhere equivalent Safety can be achieved Telecom Power Wireless Occupant Owner Low Med High None Low Med High None

15 ORDER NO. 06-547 (APPENDIX A) Division 24 Commission Safety Rules Amendment to rule 860-024-0016(5)(c)(d) adopted by the Commission 5-4-07

17 ORDER NO. 06-547 (APPENDIX A) Division 24 Commission Safety Rules IImpacts to the Industry NESC requires trimming as “experience has shown necessary” Commission Safety Rules Defines “Readily Climbable” VVegetation which can be climbed without the use of a ladder MMain Stem or branch capable of supporting a person within arm’s length of a un-insulated energized electric line Clearances TTen Feet (> 200,000 volts) SSeven Feet Six Inches (50,001 - 200,000 volts) FFive Feet (600 - 50,000 volts) LLimited Intrusion Provision SStrain or abrasion (< 600 volts) Mandated Record Keeping Telecom Power Wireless Occupant Owner Low Med High None Low Med High None

21 ORDER NO. 06-547 (APPENDIX A) Division 24 Commission Safety Rules IImpacts to the Industry Changes Accident to Incident Increased limits for reporting >> $100,000 Telecom Power Wireless Occupant Owner Low Med High None Low Med High None

22 ADOPT: 860-028-0050, 860-028-0060, 860- 028-0070, 860-028-0080, 860-028-0100 and 860-028-0115 AMEND: 860-028-0020, 860-028-0110, and 860-028-0310 These rules and amendments establish more comprehensive joint use rules for electric and communication operators that attach to utility poles. These rules and amendments provide clarified and expanded definitions, address owner-occupant contracts (i.e., presumptively reasonable rates, terms and conditions), dispute resolution processes, attachment installation practices and duties of facilities owners. Some of the rules are mandatory and others can be superceded by joint use agreements. DIVISION 28 AR-506 Phase II Commission Pole & Conduit Attachment Rules For Copy of PUC ORDER NO. 07-137 including New and Amended Commission Pole Attachment Rules, see PUC Website: http://apps.puc.state.or.us/orders/2007ords/07-137.pdf

23 ORDER NO. 07-137 (APPENDIX A) Division 28 Commission Pole & Conduit Attachment Rules

29 ORDER NO. 07-137 (APPENDIX A) Division 28 Commission Pole & Conduit Attachment Rules Telecom Power Wireless Occupant Owner Low Med High None Low Med High None IImpacts to the Industry Definitions add clarity to the intent of the rules

31 ORDER NO. 07-137 (APPENDIX A) Division 28 Commission Pole & Conduit Attachment Rules Telecom Power Wireless Occupant Owner Low Med High None Low Med High None IImpacts to the Industry Sets out which rules are mandatory and which rules are not In the event of a dispute, default rules are presumed fair, just and reasonable Party advocating for a change to the default rule language must show the proposed change is fair, just and reasonable

33 ORDER NO. 07-137 (APPENDIX A) Division 28 Commission Pole & Conduit Attachment Rules Telecom Power Wireless Occupant Owner Low Med High None Low Med High None IImpacts to the Industry Promotes Safe and Efficient use of the right of way Contracts between parties are required Contracts remain in effect as long as parties are negotiating in good faith

37 ORDER NO. 07-137 (APPENDIX A) Division 28 Commission Pole & Conduit Attachment Rules IImpacts to the Industry Clarifies roles and responsibilities for all parties Defines Processes and timelines Provides the Commission an opportunity to evaluate what is fair, just and reasonable Telecom Power Wireless Occupant Owner Low Med High None Low Med High None

39 ORDER NO. 07-137 (APPENDIX A) Division 28 Commission Pole & Conduit Attachment Rules IImpacts to the Industry Defines the Process Allows OJUA to participate Provides a running cost sheet Regulated utilities who already pay the Commission no longer subsidize cost of hearings Telecom Power Wireless Occupant Owner Low Med High None Low Med High None

43 ORDER NO. 07-137 (APPENDIX A) Division 28 Commission Pole & Conduit Attachment Rules IImpacts to the Industry Placing new or modifying existing attachments impacts pole loading calculations MMust ensure safety of the pole line for utility workers and the public PPermission can be denied for Safety reasons Significant changes to process, timelines and communication requirements between parties Establishes a threshold number of poles for permit applications Ties in with rule 860-028-0140 (sanctions for no permit) Occupant Owner Telecom Power Wireless Low Med High None Low Med High None

48 ORDER NO. 07-137 (APPENDIX A) Division 28 Commission Pole & Conduit Attachment Rules IImpacts to the Industry Communications Operator has primary responsibility for trimming vegetation around its lines PProvisions for Power Utility to trim vegetation posing foreseeable danger to pole and Electric Supply Operators lines PProvisions for cost recovery for Power Utility to trim for Communications Operator Introduces a FCC modified cable rate formula (per 1 foot of space) Effective date of January 1, 2008 Occupant Owner Telecom Power Wireless Low Med High None Low Med High None

50 ORDER NO. 07-137 (APPENDIX A) Division 28 Commission Pole & Conduit Attachment Rules IImpacts to the Industry Owners must respond to occupants Owners must comply with Commission Safety Rules Owners must correct imminent danger situations and may recover some costs Owners must ensure accuracy of violation data to occupants Vegetation trimming provisions for communications Occupant Owner Telecom Power Wireless Low Med High None Low Med High None

56 ORDER NO. 07-137 (APPENDIX A) Division 28 Commission Pole & Conduit Attachment Rules IImpacts to the Industry Implementation requires owners to have accurate and comprehensive conduit records Telecom Power Wireless Occupant Owner Low Med High None Low Med High None

57 AMEND: 860-028-0120, 860-028-0130, 860- 028-0140, 860-028-0150, 860-028-0170, 860-028-0180, 860-028-0190, and 860-028- 0230 REPEAL: 860-028-0240 These rules and amendments establish more comprehensive joint use rules for electric and communication operators that attach to utility poles. These amendments expand and clarify rules related to the duties of occupants, and to the sanctioning process and sanction amounts for violations of rules related to joint use of electric and communications facilities. DIVISION 28 AR-510 Commission Pole & Conduit Attachment Rules For Copy of PUC ORDER NO. 07-137 including New and Amended Commission Pole Attachment Rules, see PUC Website: http://apps.puc.state.or.us/orders/2007ords/07-137.pdf

58 ORDER NO. 07-137 (APPENDIX B) Division 28 Commission Pole & Conduit Attachment Rules

61 ORDER NO. 07-137 (APPENDIX B) Division 28 Commission Pole & Conduit Attachment Rules Occupant Owner Telecom Power Wireless IImpacts to the Industry Occupants must correct imminent danger or foreseeable danger situations Specific timeframes for responding or correcting (plans of correction) Owner correction and cost recovery provision Potential Sanctions with proper notice Vegetation trimming provisions for communications Low Med High None Low Med High None

64 ORDER NO. 07-137 (APPENDIX B) Division 28 Commission Pole & Conduit Attachment Rules IImpacts to the Industry Sanctions are discretionary No escalations or reductions in sanction amounts Sanctions are repeatable Protections for parties engaged in good faith negotiations Protections for parties unaware of expired contract and continuing to work together under old terms Telecom Power Wireless Occupant Owner Low Med High None Low Med High None

67 ORDER NO. 07-137 (APPENDIX B) Division 28 Commission Pole & Conduit Attachment Rules IImpacts to the Industry Benefits for self-identification Promotes joint inspections Provisions for longer permitting timeframes when threshold number of poles involved Telecom Power Wireless Occupant Owner Low Med High None Low Med High None

71 ORDER NO. 07-137 (APPENDIX B) Division 28 Commission Pole & Conduit Attachment Rules IImpacts to the Industry Focus on safety compliance for new construction including transfers of existing facilities to new poles (5 days to cure upon notice) Ability to avoid sanctions (safe harbor) No reductions or escalations in sanction amounts Owner corrections may be cost plus 15% Promotes joint inspections Occupant Owner Telecom Power Wireless Low Med High None Low Med High None

75 ORDER NO. 07-137 (APPENDIX B) Division 28 Commission Pole & Conduit Attachment Rules IImpacts to the Industry Communications required between occupant and owner PProvisions for a mutually agreed upon dates for corrections RRequirements for occupant reporting completed corrections to the Pole Owner PProvisions for adjustments to the original plan of correction Occupant Owner Telecom Power Wireless Low Med High None Low Med High None

77 ORDER NO. 07-137 (APPENDIX B) Division 28 Commission Pole & Conduit Attachment Rules IImpacts to the Industry Establishes timeframes for action Allows Owner to seek an Order from the Commission for removal of attachments Leaves options for other legal remedies open Telecom Power Wireless Occupant Owner Low Med High None Low Med High None

79 ORDER NO. 07-137 (APPENDIX B) Division 28 Commission Pole & Conduit Attachment Rules IImpacts to the Industry Owner seeking relief must provide proper notice for each attachment allegedly in violation Notice must include the rule and provision(s) that apply Provide, Maps, Pole Number, Location, GPS Coordinates if available Occupant Owner Telecom Power Wireless Low Med High None Low Med High None

83 ORDER NO. 07-137 (APPENDIX B) Division 28 Commission Pole & Conduit Attachment Rules IImpacts to the Industry Incentive for occupant to comply with applicable Statute and Administrative Rules Burden of proof on the Pole Owner or the Commission for denial of rental reduction Implements specific timeframes for undisputed payment of fees and charges Telecom Power Wireless Occupant Owner Low Med High None Low Med High None

85 ORDER NO. 07-137 (APPENDIX B) Division 28 Commission Pole & Conduit Attachment Rules IImpacts to the Industry Strike through of previous effective dates Telecom Power Wireless Occupant Owner Low Med High None Low Med High None

86 Wireless Docket (TBA)  The Commission Safety Staff argued that the wireless industry is an emerging industry with new challenges that should be thoroughly considered in another docket before applying the rules considered here.  The OJUA also recommended that a separate docket be opened to consider wireless issues and expressed the following concerns: (1)whether the technology seeking inclusion within the rules is in need of protectionary regulation; (2)whether the technology serves the public; (3)whether the technology needs access to poles or towers to serve the public.  The OJUA also cautioned that wireless issues may not be properly noticed in this rulemaking, and that the Commission should avoid rushing into any actions that may have unintended consequences.  In its final order the Oregon Public Utilities Commission stated: “We will not delay application of these rules until a docket specifically related to wireless carriers is completed. However, a docket regarding wireless carriers, including safety concerns, should be opened as soon as possible. Until that time, the Commission will resolve issues on a case-by-case basis, considering the contract parameters adopted in this order.”

87 IImpacts to the Industry Not fully understood, impacts will be considered when and if a docket is opened Both the Commission Safety Staff and the OJUA have solicited industry wide input to the issues list Occupant Owner Telecom Power Wireless Low Med High None Low Med High None Wireless Docket (TBA)

88 Wireless Docket (TBA)

89 Wireless Docket (TBA)

90 OJUA Efforts and Future Plans OOJUA Focus Publicity & Education Standards Development Legislative & Regulatory Review Conflict Resolution

91 OJUA Efforts and Future Plans OOJUA Accomplishments Strategic Plan Inspection Correction Plan Utility Mapping Project Commission Order 06-547 OOAR Division 24 Commission Safety Rules PPrioritization of Repairs Committee Commission Order 07-137 OOAR Division 28 Commission Pole Attachment Rules including, duties, rates, terms and conditions, dispute resolution and sanctions

92 OJUA Efforts and Future Plans OOJUA Future Participate in shaping the future AAdvisory to the Commission Educational Opportunities AAnnual Spring NESC Training IInforming the Industry of rule interpretations Cost Saving Opportunities JJoint Inspections and Corrections Access to Industry Best Practices Networking

93 “We commend the OJUA for coordinating comments from the various industries that have widely divergent views on sanctions and for proposing and revising their recommended rules throughout the process. Their advice, and willingness to broker a compromise, has been indispensable in this process, and we look forward to continued leadership by the OJUA in the future.” Quoted from Oregon PUC Order 07-137 April 10, 2007 OJUA Recent Accomplishments

94 Home What’s New Membership Information Membership Application Links and Downloads Committees & Meetings Regional Meetings Contact Us Members Only Contact Information Postal Mail, Phone, & FAX Oregon Joint Use Association 1286 Court Street NE Salem, OR 97301 Phone: 503-378-0595, FAX: 503-364-9919 Click here for the OJUA Board of Directors Roster Email General Correspondence: info@ojua.org Copyright 2001 Oregon Joint Use Association. All Rights Reserved. Dedicated to the Education, Cooperation, and Resolution of Utility Joint Use Issues 1286 Court Street NE º Salem, OR 97301

1 OAR Divisions 24 and 28 Revised Rules BBackground on the Rulemaking IImpacts to Industry AAnticipated Wireless Docket OOJUA Focus, Accomplishments.

Similar presentations

Presentation on theme: "1 OAR Divisions 24 and 28 Revised Rules BBackground on the Rulemaking IImpacts to Industry AAnticipated Wireless Docket OOJUA Focus, Accomplishments."— Presentation transcript:

Similar presentations

About project

Feedback

Log in

Auth with social network:

1 OAR Divisions 24 and 28 Revised Rules BBackground on the Rulemaking IImpacts to Industry AAnticipated Wireless Docket OOJUA Focus, Accomplishments.

Similar presentations

Presentation on theme: "1 OAR Divisions 24 and 28 Revised Rules BBackground on the Rulemaking IImpacts to Industry AAnticipated Wireless Docket OOJUA Focus, Accomplishments."— Presentation transcript:

Similar presentations

About project

Feedback