2012 -- S 2387

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LC00384

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - DUTIES OF UTILITIES AND

CARRIERS

     Introduced By: Senators Perry, Metts, Crowley, Miller, and DeVall

     Date Introduced: February 15, 2012

     Referred To: Senate Corporations

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 39-2 of the General Laws entitled "Duties of Utilities and Carriers"

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is hereby amended by adding thereto the following section:

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     39-2-25. Contact voltage, detection, repair and reporting. -- (a) As used in this section

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“contact voltage” means and/or refers to a voltage resulting from abnormal power system

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conditions that may be present between two (2) conductive surfaces that can be simultaneously

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contacted by members of the general public and/or their animals. Contact voltage is caused by

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power system fault current as it flows through the impedance of available fault current pathways.

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Faults contributing to contact voltage may be due to electric system deterioration or damage, or

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improper installation. Contact voltage is of greatest concern in areas where underground electric

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distribution systems exist, as faults on those systems may remain active for long periods of time

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before detection and repair, and therefore contact voltage is a potential shock hazard.

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     (b) Notwithstanding any general or public law, rule, regulation or order to the contrary,

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the Rhode Island public utilities commission and the Rhode Island division of utilities and

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carriers shall initiate a proceeding within forty-five (45) days of the effective date of this section,

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to establish, after notice and provision of the opportunity for comment and public hearing, a

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contact voltage detection and repair program. The program shall require electric utilities to

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implement appropriate procedures to detect contact voltage on publicly accessible surfaces which

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could become energized by contact voltage due to faults in the underground distribution system.

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The program shall also recognize the potential for publicly accessible objects such as sidewalks,

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roadways, fences, storm drains, or other metallic gratings to become energized by faults to the

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underground distribution system. The program shall require every electric utility to adhere to

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appropriate procedures established by the commission to:

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     (1) Designate contact voltage risk areas. The boundaries of such areas shall be based on

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the presence of underground electric distribution and situated in pedestrian-dense areas such as

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urban neighborhoods, commercial areas, central business districts, tourist heavy locations, and

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other places where pedestrians could be exposed to contact voltage;

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     (2) Within the designated areas, annually survey for contact voltage hazards on all

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conductive surfaces in public rights-of-way using the most effective technology available;

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     (3) Repair power system faults of the utility’s underground distribution system, that result

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in contact voltage of one volt AC or greater appearing on publicly accessible surfaces; and

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     (4) Annually report on contact voltage findings, including, but not limited to, the number

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and type of energized objects, voltage level, corrective action taken, shocks that occur to

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members of the public or to pets owned by members of the public, and any other information that

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the commission deems appropriate.

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     (c) The commission shall require, as part of the program established pursuant to

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subsection 39-2-25(b), that electric utilities maintain records of the testing and subsequent,

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maintenance or repairs performed by such utilities, and submit copies of such records to the

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commission, which shall make the records available for public inspection.

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     (d) Any electric utility that fails to comply with the requirements of the program

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established pursuant to subsection 39-2-25(b) shall be subject to a penalty to be determined by the

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commission and in compliance with Title 39.

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     (e) The commission shall, within one hundred twenty (120) days of the effective date of

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this section, conclude the proceeding initiated pursuant to subsection 39-2-25(b). Within these

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one hundred twenty (120) days, the commission shall also issue an order establishing the contact

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voltage detection and repair program. Within one year after the issuance of the order establishing

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the program, and during each subsequent one year period following the date of issuance of that

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order, the commission shall provide the legislature with a report on the effectiveness of the

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program, and any recommendations for any changes thereto.

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     SECTION 2. This act shall take effect upon passage.

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LC00384

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - DUTIES OF UTILITIES AND

CARRIERS

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     This act would require that the public utilities commission and the Rhode Island division

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of utilities and carriers establish a program to require electric utilities to conduct voltage detection

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surveys and complete timely repairs of faults contributing to contact voltage.

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     This act would take effect upon passage.

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LC00384

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