Original Version
Rule 18
18 Reporting and Resolution of Safety Hazards Discovered by Utilities
For purposes of this rule, “Safety Hazard” means a condition that poses a significant threat to human life or property.
A. Resolution
of Safety Hazards And General Order 95 Nonconformances
(1)
a)
Each company (including utilities and
CIPs) is responsible for taking appropriate corrective action to remedy Safety
Hazards and GO 95 nonconformances posed by its
facilities.
b) Upon
completion of the corrective action, the company’s records shall show, with
sufficient detail, the nature of the work, the date, and the identity of
persons performing the work. These records shall be preserved by the company
for at least ten (10) years and shall be made available to Commission staff
upon 30 days notice.
c) Where a
communications company’s or an electric utility’s actions result in
GO nonconformances for another entity, that entity’s remedial action will
be to transmit a single documented notice of identified nonconformances to the
communications company or electric utility for compliance.
(2)
a) All companies shall establish an
auditable maintenance program for their facilities and lines. All companies
must include a timeline for corrective actions to be taken following the
identification of a Safety Hazard or nonconformances with General Order 95 on
the company’s facilities.
The auditable
maintenance program shall prioritize corrective actions consistent with the
priority levels set forth below and based on the following factors, as
appropriate:
·
Safety
and reliability as specified in the priority levels below;
·
Type
of facility or equipment;
·
Location,
including whether the Safety Hazard or nonconformance is located in the High
Fire-Threat District;
·
Accessibility;
·
Climate;
·
Direct
or potential impact on operations, customers, electrical company workers,
communications workers, and the general public.
There
shall be 3 priority levels.
(i)
Level
1:
·
Immediate
safety and/or reliability risk with high probability for significant impact.
·
Take
action immediately, either by fully repairing the condition, or by temporarily
repairing and reclassifying the condition to a lower priority.
(ii)
Level
2:
·
Variable
(non-immediate high to low) safety and/or reliability risk.
·
Take
action to correct within specified time period (fully repair, or by temporarily
repairing and reclassifying the condition to a lower priority).
Time period
for correction to be determined at the time of identification by a qualified
company representative, but not to exceed: (1) six months for nonconformances
that create a fire risk located in Tier 3 of the High Fire-Threat District; (2)
12 months for nonconformances that create a fire risk located in Tier 2 of the
High Fire-Threat District; (3) 12 months for nonconformances that compromise
worker safety; and (4) 59 months for all other Level 2 nonconformances.
(iii)
Level
3:
·
Acceptable
safety and/or reliability risk.
·
Take
action (re-inspect, re-evaluate, or repair) as appropriate.
b) Correction times may be extended under
reasonable circumstances, such as:
·
Third
party refusal
·
Customer
issue
·
No
access
·
Permits
required
·
System
emergencies (e.g. fires, severe weather conditions)
(3)
Companies
that have existing General Order 165 auditable inspection and maintenance
programs that are consistent with the purpose of Rule 18A shall continue to
follow their General Order 165 programs.
B. Notification of
Safety Hazards
If a company, while performing
inspections of its facilities, discovers a safety hazard(s) on or near a
communications facility or electric facility involving another company, the
inspecting company shall notify the other company and/or facility owner of such
safety hazard(s) no later than 10 business days after the discovery. To the
extent the inspecting company cannot determine the facility owner/operator, it
shall contact the pole owner(s), who shall be responsible for promptly
notifying the company owning/operating the facility with the safety hazard(s),
normally not to exceed five business days after being notified of the safety
hazard. The notification shall be documented and such documentation must be
preserved by all parties for at least ten years.
Note: Each pole owner must be able
to determine all other pole owners on poles it owns. Each pole owner must be
able to determine all authorized entities that attach equipment on its portion
of a pole.
Strikeout and Underline Version
Rule 18
18 Reporting and Resolution of Safety Hazards Discovered by Utilities Maintenance Programs and Resolution of Potential Violations of
General Order 95 and Safety Hazards
For purposes of this rule, “Safety Hazard” means a condition that
poses a significant threat to human life or property.
A Resolution
of Potential Violations of General Order 95 and Safety Hazards and General Order 95 Nonconformances
(1)(a) Each company
(including electric utilities and CIPs communications companies) is responsible for taking appropriate corrective action to
remedy potential violations of GO 95 and Safety Hazards and GO 95 nonconformances
posed by its facilities.
(b) Upon completion of the corrective action,
the company’s records shall show, with sufficient detail, the nature of
the work, the date, and the identity of persons performing the work. These records shall be preserved by the
company for at least ten (10) years and shall be made
available to Commission staff upon 30
days notice.
(2)(c) Where a communications
company’s or an electric utility’s (Company A’s) actions result in potential violations of GO 95 nonconformances for another entity (Company B), that entity’s (Company B’s) remedial action will
be to transmit a single documented notice of identified nonconformances potential violations to the communications company or electric utility (Company A) for compliance within a reasonable amount of time not to exceed 180 days after
the entity discovers the potential violations of GO 95. If the potential violation constitutes a
Safety Hazard,
such notice shall be transmitted within ten (10) business days after the entity
discovers the Safety Hazard.
(3) If
a company, while performing inspections of its facilities, discovers a Safety
Hazard(s) on or near a communications facility or electric facility involving
another company, the inspecting company shall notify the other entity of such
Safety Hazard(s) no later than ten (10) business days after the discovery.
(4) To
the extent a company that has a notification requirement under (2) or (3) above
cannot determine the facility owner/operator, it shall contact the pole
owner(s) within ten (10) business days if the subject of the notification is a
Safety Hazard, or otherwise within a reasonable amount of time not to exceed
180 days after discovery. The
notified pole owner(s) shall be responsible for promptly (normally not to
exceed five business days) notifying the company owning/operating the facility
if the subject of the notification is a Safety Hazard, or otherwise within a
reasonable amount of time not to exceed 180 days, after being notified of the
potential violation of GO 95.
(5) A
company receiving a notification under (2), (3), or (4) above shall take
appropriate corrective action consistent with the provisions of this rule. For at least ten (10) years, the
documentation of the notice shall be maintained by both the notifying and
receiving parties and documentation of the correction shall be maintained by
the receiving party.
Note: Each pole owner must be able to
determine all other pole owners on poles it owns. Each pole owner must be able to
determine all authorized entities that attach equipment on its portion of a
pole.
B Maintenance
Programs
(2)(a) All companies Each company (including electric
utilities and communications companies)
shall establish and implement an auditable maintenance program for their its facilities and lines for the purpose of ensuring that they are in good condition so as to
conform to these rules. Each company must describe in its
auditable maintenance program the required qualifications for the company
representatives who perform inspections and/or who schedule corrective
actions. Companies that are subject
to GO 165 may maintain procedures for conducting inspections and
maintenance activities in compliance with this rule and with GO 165.
All companies The auditable maintenance program
must include, at a minimum, records that show the date of the
inspection, type of equipment/facility inspected, findings, and a timeline for corrective actions to be taken following the
identification of a potential violation of GO
95 or a Safety Hazard or nonconformances
with General Order 95 on the
company’s facilities.
(1) The
auditable maintenance program Companies shall prioritize undertake corrective actions consistent with within the time periods stated for each of the priority levels set forth below. Scheduling of corrective
actions within the time periods below may be and based on additional factors, including the
following factors, as appropriate:
·
Safety and reliability as
specified in the priority levels below;
· Type of facility or equipment;
· Location, including whether the Safety Hazard or nonconformance potential violation is located in the High Fire-Threat District;
· Accessibility;
· Climate;
·
Direct or potential
impact on operations, customers, electrical company workers, communications
workers, and the general public.
There shall be 3 priority
levels.
(a)(i) The maximum time periods for
corrective actions associated with potential violation of GO 95 or a Safety
Hazard are based on the following priority levels:
(i) Level 1 -- An immediate risk of
high potential impact to safety or reliability:
·
Immediate safety and/or
reliability risk with high probability for significant impact.
· Take corrective action immediately, either by fully repairing the condition, or by temporarily repairing and reclassifying the condition to a lower
priority.
(ii) Level
2 -- Any other risk of at least moderate potential
impact to safety or reliability:
·
Variable (non-immediate
high to low) safety and/or reliability risk.
·
Take corrective action to correct within specified
time period (either by fully
repairing, or by temporarily repairing and reclassifying the condition to a lower Level 3 priority). Time period for correction corrective action to be determined at the time of identification by a
qualified company representative, but not to exceed: (1) six months for nonconformances potential violations that create a fire
risk located in Tier 3 of the High Fire-Threat District; (2) 12
months for nonconformances potential violations that create a fire
risk located in Tier 2 of the High Fire-Threat District;
(3) 12 months for nonconformances potential violations that compromise worker safety; and (4) 59 36 months for all other Level 2 nonconformances potential violations.
(iii) Level
3 -- Any risk of low potential impact to safety or
reliability:
·
Acceptable safety and/or
reliability risk.
·
Take corrective action (re-inspect,
re-evaluate, or repair) as appropriate within 60 months subject to the
exception specified below.
EXCEPTION –
Potential violations specified in Appendix J or subsequently approved
through Commission processes, including, but not limited to, a Tier 2
Advice Letter under GO 96B, that can be completed at a future time as
opportunity-based maintenance.
Where an exception has been
granted, repair of a potential violation must be completed the next time the
company’s crew is at the structure to perform tasks at the same or higher
work level, i.e., the public, communications, or electric level. The condition’s record in the auditable
maintenance program must indicate the relevant exception and the date of the
corrective action.
Note:
Appendix I contains illustrative examples of potential violations of
GO 95 and Safety Hazards, and their priority levels used to determine the
maximum time period for corrective action.
(b) Correction times may be extended under
reasonable circumstances, such as:
·
Third party refusal
·
Customer issue
·
No access
·
Permits required
·
System emergencies
(e.g. fires, severe weather conditions)
(2) Commission
staff may direct a company to correct violation(s) of GO 95 at specific
location(s) sooner than the maximum time periods contained in this rule.
(3) Companies that
have existing General Order 165 auditable inspection and maintenance programs
that are consistent with the purpose of Rule 18A shall continue to follow their
General Order 165 programs.
B. Notification of Safety
Hazards
If a company, while performing inspections of its facilities, discovers
a safety hazard(s) on or near a communications facility or electric facility
involving another company, the inspecting company shall notify the other
company and/or facility owner of such safety hazard(s) no later than 10
business days after the discovery.
To the extent the inspecting company cannot determine the facility
owner/operator, it shall contact the pole owner(s), who shall be responsible
for promptly notifying the company owning/operating the facility with the
safety hazard(s), normally not to exceed five business days after being
notified of the safety hazard. The
notification shall be documented and such documentation must be preserved by
all parties for at least ten years.
Note: Each pole owner must be able to determine
all other pole owners on poles it owns.
Each pole owner must be able to determine all authorized entities that
attach equipment on its portion of a pole.
Note: Added
August 20, 2009 by Decision No. 09-08-029. Revised January 12, 2012 by
Decision No. 1201032.
Final Version
Rule 18
18 Maintenance
Programs and Resolution of Potential Violations of General Order 95
and Safety Hazards
For purposes of this rule, “Safety Hazard” means a condition that
poses a significant threat to human life or property.
A Resolution
of Potential Violations of General Order 95 and Safety Hazards
(1) Each company
(including electric utilities and communications companies) is responsible for
taking appropriate corrective action to remedy potential violations of
GO 95 and Safety Hazards posed by its facilities.
Upon completion of
the corrective action, the company’s records shall show, with sufficient detail,
the nature of the work, the date, and the identity of persons performing the
work. These records shall be
preserved by the company for at least ten (10) years.
(2) Where a
communications company’s or an electric utility’s
(Company A’s) actions result in potential violations of GO 95
for another entity (Company B), that entity’s
(Company B’s) remedial action will be to transmit a single
documented notice of identified potential violations to the communications
company or electric utility (Company A) within a reasonable amount of time
not to exceed 180 days after the entity discovers the potential violations of
GO 95. If the potential violation
constitutes a Safety Hazard, such notice shall be transmitted within ten (10)
business days after the entity discovers the Safety Hazard.
(3) If a company,
while performing inspections of its facilities, discovers a Safety Hazard(s) on
or near a communications facility or electric facility involving another
company, the inspecting company shall notify the other entity of such Safety
Hazard(s) no later than ten (10) business days after the discovery.
(4) To
the extent a company that has a notification requirement under (2) or (3) above
cannot determine the facility owner/operator, it shall contact the pole owner(s)
within ten (10) business days if the subject of the notification is a
Safety Hazard, or otherwise within a reasonable amount of time not to exceed
180 days after discovery. The
notified pole owner(s) shall be responsible for promptly (normally not to exceed
five business days) notifying the company owning/operating the facility if the
subject of the notification is a Safety Hazard, or otherwise within a
reasonable amount of time not to exceed 180 days, after being notified of
the potential violation of GO 95.
(5) A company
receiving a notification under (2), (3), or (4) above shall take appropriate
corrective action consistent with the provisions of this rule. For at least ten (10) years, the
documentation of the notice shall be maintained by both the notifying and
receiving parties and documentation of the correction shall be maintained by
the receiving party.
Note: Each pole owner must be able to
determine all other pole owners on poles it owns. Each pole owner must be able to
determine all authorized entities that attach equipment on its portion of a
pole.
B Maintenance
Programs
Each company (including electric utilities and communications
companies) shall establish and implement an auditable maintenance program for
its facilities and lines for the purpose of ensuring that they are in good
condition so as to conform to these rules.
Each company must describe in its auditable maintenance program the
required qualifications for the company representatives who perform inspections
and/or who schedule corrective actions.
Companies that are subject to GO 165 may maintain procedures for
conducting inspections and maintenance activities in compliance with this rule
and with GO 165.
The auditable maintenance program must include, at a minimum,
records that show the date of the inspection, type of equipment/facility
inspected, findings, and a timeline for corrective actions to be taken
following the identification of a potential violation of GO 95 or a Safety
Hazard on the company’s facilities.
(1) Companies shall
undertake corrective actions within the time periods stated for each of the
priority levels set forth below.
Scheduling of corrective actions within the time periods below may be
based on additional factors, including the following factors, as appropriate:
· Type of facility or equipment;
· Location, including whether the Safety Hazard or potential
violation is located in the High Fire-Threat District;
· Accessibility;
· Climate;
· Direct or potential impact on operations, customers,
electrical company workers, communications workers, and the general public.
(a) The maximum time
periods for corrective actions associated with potential violation of GO 95 or
a Safety Hazard are based on the following priority levels:
(i) Level 1 -- An immediate risk of high potential impact to
safety or reliability:
· Take corrective action immediately, either by fully repairing
or by temporarily repairing and reclassifying to a lower priority.
(ii) Level 2 --
Any other risk of at least moderate potential impact to safety or reliability:
· Take corrective action within specified time period (either
by fully repair or by temporarily repairing and reclassifying to Level 3
priority). Time period for corrective
action to be determined at the time of identification by a qualified company
representative, but not to exceed: (1) six months for potential violations
that create a fire risk located in Tier 3 of the High Fire-Threat
District; (2) 12 months for potential violations that create a fire risk
located in Tier 2 of the High Fire-Threat District;
(3) 12 months for potential violations that compromise worker safety;
and (4) 36 months for all other Level 2 potential violations.
(iii) Level 3 --
Any risk of low potential impact to safety or reliability:
· Take corrective action within 60 months subject to the
exception specified below.
EXCEPTION –
Potential violations specified in Appendix J or subsequently approved
through Commission processes, including, but not limited to, a Tier 2
Advice Letter under GO 96B, that can be completed at a future time as
opportunity-based maintenance.
Where an exception
has been granted, repair of a potential violation must be completed the next
time the company’s crew is at the structure to perform tasks at the same
or higher work level, i.e., the public, communications, or electric level. The condition’s record in the
auditable maintenance program must indicate the relevant exception and the date
of the corrective action.
Note:
Appendix I contains illustrative examples of potential violations of
GO 95 and Safety Hazards, and their priority levels used to determine the
maximum time period for corrective action.
(b) Correction times may
be extended under reasonable circumstances, such as:
·
Third party refusal
·
Customer issue
·
No access
·
Permits required
·
System emergencies
(e.g. fires, severe weather conditions)
(2) Commission
staff may direct a company to correct violation(s) of GO 95 at specific location(s)
sooner than the maximum time periods contained in this rule.