PROPOSED RULEMAKING
PENNSYLVANIA PUBLIC UTILITY COMMISSION
[ 52 PA. CODE CH. 57 ]
Advance Notice of Proposed Rulemaking; Inspection Requirements for Automatic Splices
[44 Pa.B. 1321]
[Saturday, March 8, 2014]Public Meeting held
February 20, 2014Commissioners Present: Robert F. Powelson, Chairperson; John F. Coleman, Jr., Vice Chairperson; James H. Cawley; Pamela A. Witmer; Gladys M. Brown
Advance Notice of Proposed Rulemaking for Revision of
52 Pa. Code Chapter 57 Relating to Inspection Requirements for Automatic Splices; L-2014-2400191
Advance Notice of Proposed Rulemaking By the Commission:
On January 9, 2014, the Commission entered an Order at Docket No. C-2012-2307244 disposing of a joint petition filed by the Commission's Bureau of Investigation and Enforcement (I&E) and West Penn Power Company (West Penn) on February 13, 2013. The petition sought approval of a settlement entered into by I&E and West Penn to resolve an investigation undertaken by I&E relating to a fatal accident that occurred in June 2009 when West Penn's electric distribution line fell onto a tree. A woman residing on the affected property located in Allegheny County was killed when she came into contact with the line.
As part of the non-monetary remedies in the West Penn Order, the Commission approved provisions that required West Penn to, among other things: (1) modify its training program to ensure that its linemen and line supervisors are properly trained in automatic splice installations, including preparation of the conductor, and that refresher training at regular intervals with regard to techniques of properly preparing conductors for automatic splice installation is provided as well; (2) conduct an inspection of automatic splices on its primary distribution system using infrared technology and replace automatic splices identified through this inspection as being at risk of failure; (3) maintain written records of the automatic splice inspections and replacements that are completed; and (4) perform spot checks of 5% of the installations per year (up to a cap of 100 installations per year) of those automatic splices identified as requiring replacement on a non-immediate basis following the inspection using infrared technology. West Penn Order at 5-7.
Our existing regulations require all Pennsylvania electric distribution companies (EDCs) to conduct visual overhead line inspections every year or two. 52 Pa. Code § 57.198(n)(4).1 Infrared inspections, however, are not currently required by our regulations, but were found to be reasonable as part of the remedial measures approved in that settlement. The unresolved issue from that proceeding, however, is whether, and to what extent, any of the remedial measures proposed therein, particularly the measure relating to annual inspections of automatic splices using infrared technology, should be required of all Pennsylvania EDCs. West Penn Order at 11.
As we said in the West Penn Order, we did not have enough information at that time to indicate that annual infrared inspections of automatic splices are a cost effective use of inspection and maintenance funds. Id. In this regard, West Penn argued, and we agreed, that it was premature to consider a second infrared inspection or an annual inspection of all of West Penn's primary distribution system automatic splices when the results of the initial infrared inspection were not yet completed and analyzed. Id. at 8-11.
We also found that it would be discriminatory to impose such an annual inspection requirement only on West Penn and not address the issue on an industry-wide basis by amending the Commission's maintenance and inspection regulations at 52 Pa. Code §§ 57.191—57.198. As we concluded in the West Penn Order, implementation of a new inspection requirement for automatic splices that applies to all EDCs is more appropriately addressed through a rulemaking proceeding that provides all interested parties with notice and an opportunity to be heard. West Penn Order at 8-11.
We, therefore, are opening this docket and issuing this advance notice of proposed rulemaking in order to solicit comments from EDCs and other interested parties that address whether our existing regulations at 52 Pa. Code, Chapter 57, relating to electric distribution reliability should be amended to require regular inspections of automatic splices using infrared technology or any other necessary changes related to this matter.
We are particularly interested in seeking comments on:
1. Whether standards should be established by the Commission for inspection, maintenance, repair, and replacement of automatic splice connections. Comments are requested on what, if any, those standards should be; or, alternatively, why you believe no inspection program for automatic splice connections should be implemented by the Commission.
2. If standards are ultimately adopted, should a prescriptive-based inspection program be instituted based on a time frequency that is added into the EDC's existing line inspection programs? Or should an annual performance-based program be implemented that uses a sampling population that is statistically significant to determine how many automatic splice connections to inspect annually based on the number of high risk automatic splice connections identified during sampling? Comments are also requested on the difference in the projected costs between the two programs.
3. What, if any, are the EDCs' internal practices regarding inspection of automatic splice connections and for the systematic replacement of automatic splices before they fail? If you have an internal practice already in place, how many automatic splices were proactively replaced in each of the last five calendar years?
4. If internal practices/procedures are currently in place for an EDC regarding inspection of automatic splice connections, describe those procedures and how detected deficiencies and/or abnormalities are addressed and documented?
5. If an infrared technology such as infrared thermography is used to inspect automatic splices, is supporting documentation kept as part of the inspection? If so, are temperature measurements recorded, stored, and data trended?
6. Is the use of infrared technology such as infrared thermography the preferred way to inspect automatic splices? Is there any other method or technology that can be used to inspect automatic splices safely and effectively? If known, what are the differences in costs of the various technologies available?
7. Are there any limitations to the physical inspection of an automatic splice? If so, what are they?
8. For EDCs, does your company look for possible annealing of the conductor due to possible overloading when performing overhead line inspections? If so, describe how your company documents and possibly mitigates such a condition. Also, if annealing of the conductor is detected, are automatic splices inspected for integrity?
9. For EDCs, does your company perform any electrical resistance tests on automatic splices? Are there any other testing or monitoring methods that should be considered for automatic splices?
10. For EDCs, what is the average age of existing automatic splice connections and, if known, how many are there for each of the following categories: 0-10 years, 10-20 years, 30-40 years, 40-50 years, greater than 50 years?
11. At a minimum, should some type of automatic splice inspection be mandated for critical loads or publicly sensitive areas such as at or near hospitals, schools, playgrounds, major highways, etc.? If so, how should these areas be defined and/or criteria implemented to address this concern?
12. What incremental costs would the EDCs incur if required to comply with an automatic splice inspection and maintenance program interval of no less than once every five years for every automatic splice connection in their service territory? Would you recommend some other time interval and, if so, please explain why?
13. What potential cost savings could the EDC realize with such a program?
14. If a systematic replacement program were required of every automatic splice connection in an EDC's service territory, either in addition to an inspection program or in the alternative, what would be the optimal replacement schedule and why? What costs would an EDC incur if such a requirement was put into place?
15. Do EDCs include the automatic splice manufacturer's installation and/or technical recommendations in the EDC's automatic splice installation procedures? If not, why?
16. How many automatic splice failures have the EDCs had per year in their service territories since 1994? What was the root cause, if known, for each such occurrence? If known, provide the manufacturer, model number, and the splice's age for each failed automatic splice occurrence? If known, what percentage of the EDC's overall automatic splice connections does this failure rate represent?
17. What have the EDCs paid over the last five years annually in compensatory and/or punitive damages to customers or others who have had property damages or personal injury due to a failed automatic splice connection?
18. If automatic splice connection inspections are determined to be impracticable or unreasonable under all the facts, what assurances and/or procedure enhancements can be made or implemented by an EDC to ensure that newly installed automatic splice connections are defect free and installed properly?
Additionally, the commenting parties are requested to submit draft regulatory provisions, including any supporting justification, as they deem appropriate for consideration.
Accordingly, pursuant to 66 Pa.C.S. §§ 501 and 2802(20),the Commission issues this Advance Notice of Proposed Rulemaking for comment; Therefore,
It Is Ordered That:
1. A rulemaking proceeding is hereby initiated at this docket to consider the revision of the regulations appearing in 52 Pa. Code, Chapter 57, relating to inspection requirements for automatic splices.
2. This Advance Notice of Proposed Rulemaking be published in the Pennsylvania Bulletin, with comments from interested parties due 60 days from the date of publication and reply comments due 30 days thereafter.
3. Comments should address the 18 issues identified in this Order, along with any other issues the commenting party deems relevant, and should include, where applicable, a numerical reference to the existing regulation(s) which the comments address, proposed language for revision, and a clear explanation for the recommendation.
4. An original of any comments or reply comments be served upon the Secretary, Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265.
5. An electronic copy of the comments and reply comments should be electronically mailed to Carl S. Hisiro, Assistant Counsel, at chisiro@pa.gov.
6. The contact persons for this rulemaking are Carl S. Hisiro, Assistant Counsel, Law Bureau, (717) 783-2812 (legal), and David Washko, Fixed Utility Valuation Engineer, Bureau of Technical Utility Services, (717) 425-7401 (technical).
7. A copy of the Advance Notice of Proposed Rulemaking shall be served on the Office of Consumer Advocate, the Office of Small Business Advocate, all jurisdictional electric distribution companies, and all parties of record at C-2012-2307244.
ROSEMARY CHIAVETTA,
Secretary
[Pa.B. Doc. No. 14-468. Filed for public inspection March 7, 2014, 9:00 a.m.] _______
1 The Public Utility Code at 66 Pa.C.S. § 2802(20) provides the necessary authority to support the issuance of regulations relating to electric distribution reliability. Specifically, section 2802(20) states that ''[s]ince continuing and ensuring the reliability of electric service depends . . . on conscientious inspection and maintenance of transmission and distribution systems, . . . the Commission shall set through regulations, inspection, maintenance, repair and replacement standards and enforce those standards.''
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