2012 -- S 2387 SUBSTITUTE A

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LC00384/SUB A

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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 distribution

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companies to implement appropriate procedures to detect contact voltage on publicly accessible

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surfaces which could become energized by contact voltage due to faults in the underground

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distribution system. The program shall also recognize the potential for publicly accessible objects

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such as sidewalks, roadways, fences, storm drains, or other metallic gratings to become energized

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by faults to the underground distribution system. The program shall require every electric

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distribution company to adhere to appropriate procedures established by the commission to:

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

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by the commission and shall be based on the presence of underground electric distribution and

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situated in pedestrian-dense areas such as urban neighborhoods, commercial areas, central

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business districts, tourist heavy locations, and other places where pedestrians could be exposed to

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contact voltage;

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      (2) By June 30, 2013, conduct an initial survey of no less than forty percent (40%) of

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designated contact voltage risk areas, for contact voltage hazards on all conductive surfaces in

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public rights-of-way using equipment and technology as determined by the commission;

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      (3) Beginning July 1, 2013, annually survey no less than twenty percent (20%) of

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designated contact voltage risk areas, for contact voltage hazards on all conductive surfaces in

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public rights-of-way using equipment and technology as determined by the commission;

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      (4) Repair power system faults of the electric distribution company’s underground

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distribution system, that result in contact voltage appearing on publicly accessible surfaces of a

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level to be determined by the division of public utilities;

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     (5) If during a survey for contact voltage hazards on conductive surfaces in public rights-

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of-way, an energized surface is identified and the proximate cause is found not to be a utility

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company asset, then the utility company has no legal duty; however, the company may: clearly

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designate the area as a contact voltage hazard, and/or notify the account owner or owner of the

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asset causing the contact voltage hazard, and inform the owner of his/her obligation to perform all

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necessary repairs consistent with the terms contained in this section;

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

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     and type of energized objects on both company-owned and customer-owned assets, voltage level,

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corrective action taken, shocks that occur to members of the public or to pets owned by members

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of the public, and any other information that 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 distribution companies maintain records of the testing and

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subsequent maintenance or repairs performed by such electric distribution companies, and submit

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copies of such records to the commission, which shall make the records available for public

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inspection. The costs of this program shall be fully recovered by the utility company annually

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through a fully reconciling funding mechanism to be submitted annually to the commission for

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review and approval.

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     (d) The commission shall review and determine which equipment and technology shall be

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used for the surveying of contact voltage consistent with paragraphs (2) and (3) of subsection (b).

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Such a review may include, but not be limited to, the use of mobile testing technology.

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      (e) Any electric distribution company that fails to comply with the requirements of the

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

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determined by the commission and in compliance with Title 39.

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     (f) As used in this section, "electric distribution company" means a company as defined

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in subsection 39-1-2(12), but not including the Block Island Power Company or the Pascoag

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Utility District.

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     (g) 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, including whether to require the

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Block Island Power Company or the Pascoag Utility District to develop and participate in a

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contact voltage detection and repair program.

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     SECTION 2. This act shall take effect upon passage.

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LC00384/SUB A

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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/SUB A

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