OREGON JOINT USE ASSOCIATION PRIORITIZATION OF REPAIRS

AGENDA  INTRODUCTIONS  BACKGROUND  DIVISION 24 HEARING  COMMITTEE GOALS  COMMITTEE MEETINGS  WORK COMPLETED TO DATE  GOING FORWARD

BACKGROUND  Why the Rulemaking?  Rulemaking Process  Rulemaking Timeline

Why the Rulemaking?  It had been over 5 years since House Bill 2271  PUC Staff Policies not authoritative when under legal challenge  Disputes before the Commission require efficient resolution  DOJ requested White Paper from PUC Safety Staff

Rulemaking Process  Drafted Proposed Rules with input from: Electric Rates and Planning Section Telecomm Rates & Svc Quality Administrative Hearings Division Dept. of Justice Utility Program Support Services Safety & Reliability Section

Rulemaking Process  Informal Rulemaking – Industry Input Four Industry Workshops Written comments from Industry posted on PUC website Revised Draft Rules Proposed Second round of written comments from Industry

Rulemaking Process  Formal Rulemaking Hearings Division – ALJ OJUA Advisory to the Commission Public Meetings with Commissioners in Attendance OJUA Board of Directors Meetings (Diverse Views) Oral and written testimony Commission adoption of Final Rules sp?DocketID=13128

Rulemaking Timeline  PUC Safety Staff with the input from other Agencies drafted proposed changes to Divisions 24 and 28  Informal Workshops with Industry input began August 2005  Formal Notice of Rulemaking January 2006 – Docket AR-506  First Workshop March 2006; OJUA Requests Bifurcation of AR-506

Rulemaking Timeline  AR-506 Phase 1 – Division 24 (Commission Safety Rules)  AR-506 Phase 2 – Division 28 (Commission Pole Attachment, Dispute Resolution Rules)  OJUA proposed Docket AR-510 (Commission Sanction Rules) in September 2006 to run concurrently with AR-506 Phase 2

Rulemaking Timeline  AR-506 Phase 1 March 2006  Final comments due June 29, 2006  Final order issued September 26, 2006

Rulemaking Timeline  AR-506 Phase 2 began again June 2006 with first hearing October 2006  AR-510 ran concurrently beginning in September  Last day for written comments was November 17, 2006  Final Commission Order NO on April 10, 2007

From the Commission 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.

INTRODUCTIONS COMMITTEE MEMBERS: o Bill Woods, PacifiCorp o Jeff Kent, Qwest o Terry Blanc, TPUD o Dave Ramsey, Comcast o Scott Wheeler, Comcast o Troy Rabe, Comcast o James Fife, Verizon o Stuart Sloan, Consumers Power Inc. o Julian Khouri, PGE o Bill Tierney, PGE o Linda Wolfe, EWEB o Dave Shaw, ORECA o Karen Horejs, EWEB o Bruce Rogers, PGE o Dan Gilpin, PGE o Craig Andrus, EPUD o Heide Caswell, PacifiCorp o Gary Lee, Charter o Bill Kiggins, Clear Creek o John Wallace, OPUC o John Sullivan, PGE o Roger Kuhlman, Salem Electric o Wendy Knodel, OJUA o Joe Clifton, PacifiCorp

ORDER NO ENTERED 09/26/06 BEFORE THE PUBLIC UTILITY COMMISSION OF OREGON AR 506 In the Matter of Rulemaking to Amend and Adopt Permanent Rules in OAR 860, Divisions 024 and 028, Regarding Pole Attachment Use and Safety.

Prioritization of Repairs Commission’s Order: The rules adopted today require immediate treatment of any violation “that poses an imminent danger to life or property.” Other violations must be fixed within two years of discovery. If there is little or no foreseeable risk of danger, the operator has a plan to fix the violation, and all attachers on the relevant pole agree, some violations may be deferred to be fixed during the next major work activity, but no more than ten years after discovery of the violation.

Prioritization of Repairs by Operators of Electric Supply Facilities and Operators of Communication Facilities (1) A violation of the Commission Safety Rules that poses an imminent danger to life or property must be repaired, disconnected, or isolated by the operator immediately after discovery. (2) Except as otherwise provided by this rule, the operator must correct violations of Commission Safety Rules no later than two years after discovery. (3) An operator may elect to defer correction of violations of the Commission Safety Rules that pose little or no foreseeable risk of danger to life or property to correction during the next major work activity. (a) In no event shall a deferral under this section extend for more than ten years after discovery. (b) The operator must develop a plan detailing how it will remedy each such violation. (c) If more than one operator is affected by the deferral, all affected operators must agree to the plan. If any affected operators do not agree to the plan, the correction of violation(s) may not be deferred. (4) For good cause shown, or where equivalent safety can be achieved, unless otherwise prohibited by law, the Commission may for a specific installation waive the requirements of OAR Stat. Auth.: ORS Ch. 183, 756, 757 & 759 Stat. Implemented: ORS

Prioritization of Repairs by Operators of Electric Supply Facilities and Operators of Communication Facilities (1) A violation of the Commission Safety Rules that poses an imminent danger to life or property must be repaired, disconnected, or isolated by the operator immediately after discovery. (2) Except as otherwise provided by this rule, the operator must correct violations of Commission Safety Rules no later than two years after discovery. (3) An operator may elect to defer correction of violations of the Commission Safety Rules that pose little or no foreseeable risk of danger to life or property to correction during the next major work activity. (a) In no event shall a deferral under this section extend for more than ten years after discovery. (b) The operator must develop a plan detailing how it will remedy each such violation. (c) If more than one operator is affected by the deferral, all affected operators must agree to the plan. If any affected operators do not agree to the plan, the correction of violation(s) may not be deferred. (4) For good cause shown, or where equivalent safety can be achieved, unless otherwise prohibited by law, the Commission may for a specific installation waive the requirements of OAR Stat. Auth.: ORS Ch. 183, 756, 757 & 759 Stat. Implemented: ORS

Prioritization of Repairs by Operators of Electric Supply Facilities and Operators of Communication Facilities (1) A violation of the Commission Safety Rules that poses an imminent danger to life or property must be repaired, disconnected, or isolated by the operator immediately after discovery. (2) Except as otherwise provided by this rule, the operator must correct violations of Commission Safety Rules no later than two years after discovery. (3) An operator may elect to defer correction of violations of the Commission Safety Rules that pose little or no foreseeable risk of danger to life or property to correction during the next major work activity. (a) In no event shall a deferral under this section extend for more than ten years after discovery. (b) The operator must develop a plan detailing how it will remedy each such violation. (c) If more than one operator is affected by the deferral, all affected operators must agree to the plan. If any affected operators do not agree to the plan, the correction of violation(s) may not be deferred. (4) For good cause shown, or where equivalent safety can be achieved, unless otherwise prohibited by law, the Commission may for a specific installation waive the requirements of OAR Stat. Auth.: ORS Ch. 183, 756, 757 & 759 Stat. Implemented: ORS

Prioritization of Repairs by Operators of Electric Supply Facilities and Operators of Communication Facilities (1) A violation of the Commission Safety Rules that poses an imminent danger to life or property must be repaired, disconnected, or isolated by the operator immediately after discovery. (2) Except as otherwise provided by this rule, the operator must correct violations of Commission Safety Rules no later than two years after discovery. (3) An operator may elect to defer correction of violations of the Commission Safety Rules that pose little or no foreseeable risk of danger to life or property to correction during the next major work activity. (a) In no event shall a deferral under this section extend for more than ten years after discovery. (b) The operator must develop a plan detailing how it will remedy each such violation. (c) If more than one operator is affected by the deferral, all affected operators must agree to the plan. If any affected operators do not agree to the plan, the correction of violation(s) may not be deferred. (4) For good cause shown, or where equivalent safety can be achieved, unless otherwise prohibited by law, the Commission may for a specific installation waive the requirements of OAR Stat. Auth.: ORS Ch. 183, 756, 757 & 759 Stat. Implemented: ORS

Prioritization of Repairs by Operators of Electric Supply Facilities and Operators of Communication Facilities (1) A violation of the Commission Safety Rules that poses an imminent danger to life or property must be repaired, disconnected, or isolated by the operator immediately after discovery. (2) Except as otherwise provided by this rule, the operator must correct violations of Commission Safety Rules no later than two years after discovery. (3) An operator may elect to defer correction of violations of the Commission Safety Rules that pose little or no foreseeable risk of danger to life or property to correction during the next major work activity. (a) In no event shall a deferral under this section extend for more than ten years after discovery. (b) The operator must develop a plan detailing how it will remedy each such violation. (c) If more than one operator is affected by the deferral, all affected operators must agree to the plan. If any affected operators do not agree to the plan, the correction of violation(s) may not be deferred. (4) For good cause shown, or where equivalent safety can be achieved, unless otherwise prohibited by law, the Commission may for a specific installation waive the requirements of OAR Stat. Auth.: ORS Ch. 183, 756, 757 & 759 Stat. Implemented: ORS

PRIOTIZATION OF REPAIR COMMITTEE GOALS 1. Develop communication protocols between joint use operators and PUC on deferred corrections. 2. Develop specific guidelines for classification of corrections. 3. Product developed by committee endorsed by PUC safety staff. 4. Entire industry is involved in process by conducting two workshops throughout the state.

POR COMMITTEE MEETINGS AND WORKSHOPS  January 18, 2007 Organizing Meeting at PGE Salem  February 1, 2007 Committee Work at PGE Salem  February 14, 2007 Committee Work at EWEB  March 1, 2007 Workshop at PGE in Salem 9 AM to noon  March 15, 2007 OJUA Board meeting 10 AM to 12 noon then POR Committee Work 1 PM to 3 PM Comcast Beaverton  March 22, 2007 Committee Work at PGE in Salem 9 AM to 3 PM  April 5, 2007 Workshop in Central Oregon Bend Broadband 10 AM to noon Committee Work noon to 3 PM  April 17 and 18, 2007 Release Final Work at OJUA NESC Spring Training.

WORK TO DATE  Decision Tree  Five Reasons  Matrix  “Affected” Parties  C Flow Chart  Plan of Correction

DECISION TREE John Wallace, Oregon Public Utility Commission

Five Reasons BILL WOODS, PACIFICORP Conditions that would postpone repair work beyond two years.  Road Widening  Forced Relocate  Scheduled Pole Replacement  Scheduled Rebuild  Scheduled Corrections

MATRIX OJUA/NESC/DEFECT/CONDITION TROY RABE, COMCAST NESC RULES OREGON ADMINISTRATIVE RULES OJUA INSPECTION CODES

MATRIX OJUA/NESC/DEFECT/CONDITION 2007 NESC Item OJUA Deviation CodeSectionCode PageGeneral DescriptionABCExceptionNotes 3PG12123A39 Protective Grounding or physical isolation of non-current-carrying metal parts Conditions that could reasonably be expected to endanger life or property Almost Always 1. Road Widening 2. Forced Relocate 3. Scheduled Pole Replacement 4. Scheduled Rebuild 5. Scheduled Corrections Yes (see code) Also see 092C (page 18) 4AB21214B71 Lines or Poles Permanently abandoned Conditions that could reasonably be expected to endanger life or property Almost AlwaysNeverNone Also see 012C (page 1) 5PG21215C272 Anchor guys and span guys shall be effectively groundedNever Almost Always 1. Road Widening 2. Forced Relocate 3. Scheduled Pole Replacement 4. Scheduled Rebuild 5. Scheduled Corrections Yes (see code) OJUA DEVIATION CODE CodeDeviation ABAbandoned BDBuilding BH Building/Horizontal clearance BVBuilding/Vertical clearance

“AFFECTED” PARTIES BILL TIERNEY, PGE (c) If more than one operator is affected by the deferral, all affected operators must agree to the plan. If any affected operators do not agree to the plan, the correction of violation(s) may not be deferred.

“AFFECTED” PARTIES  Violating Operator has burden of receiving permission from affected parties  Communication shall be in writing ( or paper)  Negative Option is OK  Requires Plan

“AFFECTED” PARTIES  Pole Owner Inspection Pole Owner since the owner has an obligation to maintain its pole in compliance with code. Other attached operators:  Its workers may be impacted from a safety and/or operations perspective.  An event may occur because of the violation that may impact its facilities.

“AFFECTED” PARTIES  Operator Initiated Inspection Pole owner if the violation is at the pole or between poles. Other attached operators  Its workers may be impacted from a safety and/or operations perspective.  An event may occur because of the violation that may impact its facilities

PLAN OF CORRECTION BILL TIERNEY, PGE  NOTIFICATION  180 DAYS TO CORRECT  60 TO SUBMIT A PLAN OF CORRECTION  MUST BE ACCEPTABLE

GOING FORWARD Please give feed back: Committee members OJUA.ORG Bill Woods OJUA OJUA Annual Meeting October 4 and , Eagles Crest, Redmond Oregon OJUA Quarterly meetings.

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