(a) Purpose. This section implements the reporting
requirements in Public Utility Regulatory Act (PURA) §38.102.
(b) Applicability. This section applies to electric
utilities, municipally owned utilities, and electric cooperatives
that own or operate overhead transmission or distribution assets.
(c) Definition. When used in this section, the term
"affected entity" means an electric utility, electric cooperative,
or municipally owned utility that owns or operates overhead transmission
or distribution assets.
(d) Employee Training Report.
(1) Not later than May 1, 2020, each affected entity
must submit to the Commission a report that includes:
(A) a summary description of hazard recognition training
documents provided by the affected entity to its employees related
to overhead transmission and distribution facilities; and
(B) a summary description of training programs provided
to employees by the affected entity related to the National Electrical
Safety Code (NESC) for construction of electric transmission and distribution
lines.
(2) An affected entity must submit an updated report
not later than the 30th day after the date the affected entity finalizes
a material change to a document or training program included in a
report submitted under paragraph (1) of this subsection.
(e) Five-Year Report.
(1) Not later than May 1 every five years, each affected
entity that owns or operates overhead transmission facilities greater
than 60 kilovolts must submit to the commission a report for the five-year
period ending on December 31 of the preceding calendar year that includes:
(A) the percentage of overhead transmission facilities
greater than 60 kilovolts inspected for compliance with the NESC relating
to vertical clearance in the reporting period; and
(B) the percentage of the overhead transmission facilities
greater than 60 kilovolts anticipated to be inspected for compliance
with the NESC relating to vertical clearance during the five-year
period beginning on January 1 of the year in which the report is submitted.
(2) The first report submitted under this subsection
must be submitted not later than May 1, 2020.
(f) Annual Report. Not later than May 1 of each year,
each affected entity must make a report to the commission for the
preceding calendar year.
(1) For each affected entity that owns or operates
overhead transmission facilities greater than 60 kilovolts, the report
must include the following information related to those facilities:
(A) the number of identified occurrences of noncompliance
with PURA §38.004 regarding vertical clearance requirements of
the NESC for overhead transmission facilities;
(B) whether the affected entity has actual knowledge
that any portion of the affected entity's transmission system is not
in compliance with PURA §38.004 regarding vertical clearance
requirements of the NESC for overhead transmission facilities; and
(C) whether the affected entity has actual knowledge
of any violations of easement agreements with the United States Army
Corps of Engineers relating to PURA §38.004 regarding the vertical
clearance requirements of the NESC for overhead transmission facilities.
(2) For each affected entity that owns or operates
overhead transmission facilities greater than 60 kilovolts or distribution
facilities greater than 1 kilovolt, the report must include the following
information related to those facilities:
(A) the number of fatalities or injuries of individuals
other than employees, contractors, or other persons qualified to work
in proximity to overhead high voltage lines involving transmission
or distribution assets related to noncompliance with the requirements
of PURA §38.004; and
(B) a description of corrective actions taken or planned
to prevent the reoccurrence of fatalities or injuries described by
subparagraph (A) of this paragraph.
(3) Violations resulting from, and incidents, fatalities,
or injuries attributable to a violation resulting from, a natural
disaster, weather event, or man-made act or force outside of an affected
entity's control are not required to be included in the report under
this subsection.
(g) Reporting Form. An affected entity must make a
report required by this section on a form prescribed by the commission.
(h) Report Filing. An affected entity filing a report
required under this subsection must include the project number designated
by the commission for the report on the first page of the report and
submit the correct number of copies of the report to the commission's
central records for filing.
(i) Reports Publicly Available. Not later than September
1 each year, the commission will make the reports submitted under
this section publicly available on the commission's Internet website.
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