Or. Admin. Code § 860-024-0018 - High Fire Risk Zone Safety Standards

(1) Operators of electric facilities must, in High Fire Risk Zones, remove or de-energize permanently out of service or abandoned electrical equipment as determined by the Operator during fire season.

(2) Utility supply conductors shall not be attached to trees and should only be attached to poles and structures designed to meet the strength and loading requirements of the National Electrical Safety Code. This section does not apply to customer-supplied equipment at the point of delivery. Compliance with this section must be achieved prior to December 31, 2027.

(3) In addition to the requirements set forth in OAR 860-024-0011, Operators of electric facilities in High Fire Risk Zones must:

(a) Conduct HFRZ Ignition Prevention Inspections that follow Good Utility Practice as required to mitigate fire risk; and

(b) For transmission systems energized at or above 50,001 volts, perform and document HFRZ Ignition Prevention Inspections that may include, but are not limited to, onsite climbing, drone or high-powered spotting scope to identify structural and conductor defects, as well as violations of Commission Safety Rules and other circumstances that could lead to electrical ignition. Inspections must include an in-person component except and to the extent remote technology can conduct an equivalent or enhanced inspection.

(4) In addition to the requirements set forth in OAR 860-024-0011, Public Utility Operators of electric facilities must conduct annual fire season "safety patrols" in High Fire Risk Zones. Public Utility Operators of electric facilities shall perform and document fire safety patrols of overhead electric supply lines and accessible facilities for potential fire risks, including but not limited to, off right of way hazard trees, status of existing right-of-way access for first responders, seasonal vegetation damage, vegetation Cycle Buster clearance conditions as defined in OAR 860-024-0016(1)(a), potential equipment failures, and deteriorated supply or communication facilities.

(5) A violation of Commission Safety Rules which poses a risk of fire ignition identified by an HFRZ Ignition Prevention Inspection or safety patrol in an HFRZ shall be subject to the following correction timeframes:

(a) Any violation that poses imminent danger to life or property must be repaired, disconnected, or isolated by the Operator immediately after discovery. If in doing so, the Operator disconnected or isolated equipment belonging to a third-party, the Operator will notify the equipment Owner as soon as practicable.

(b) Any violation which correlates to a heightened risk of fire ignition shall be corrected no later than 180 days after discovery unless an occupant receives notification under OAR 860-028-0120(6) that the violation must be corrected in less than 180 days to alleviate a significant safety risk to any operator's employees or a potential risk to the general public.

(c) All other violations requiring correction under section 2 of OAR 860-024-0012 shall be corrected consistent with OAR 860-024-0012.

(6) If an Operator of electric facilities discovers a violation identified in an HFRZ that correlates to a heightened wildfire risk, notice shall be provided to the pole owner or equipment owner within 15 days of discovering the violation. That notice shall state that the violation must be repaired within the time frame set out in these rules; that time frame will begin on the day the violation was discovered or 15 days before the notice was sent, whichever is later.

(7) If the pole owner or equipment owner does not replace the reject pole or repair the equipment within the timeframe set forth in the notice, then the Operator of electric facilities may repair the equipment or replace the pole and seek reimbursement of all work related to correction or replacement of the reject pole or equipment including, but not limited to, administrative and labor costs related to the inspection, permitting, and replacement of the reject pole. The Operator of electric facilities is also authorized to charge the pole owner or equipment owner a replacement fee of 25 percent of the total amount of work.

(8) If the Operator of electric facilities does not repair equipment as permitted under section (7) of this rule, the operator must pursue a remedy under Oregon law, contract, or through a Complaint before the Commission as specified in OAR 860-024-0061. Nothing in this provision precludes the Operator of electric facilities from pursuing remedies through multiple forums. This section does not preclude an Operator, Owner or Occupant from exercising any other rights or remedies afforded by Oregon Law or contract.

(9) If an Operator of electric facilities discovers a violation in a HFRZ that correlates to a heightened wildfire risk and is unable after good faith efforts to ascertain pole or equipment ownership or to contact that owner; or if that pole or equipment owner is no longer financially solvent and is without a legally responsible successor, then it is the obligation of the Operator to remove that equipment or otherwise remedy the condition correlating to a heightened risk of ignition. An electric utility or telecommunications utility Operator may recover the prudently incurred costs of any actions performed pursuant to this section in its rates.

(10) Nothing in this rule is intended to alter liability under existing law or under provisions contained in existing contractual arrangements between Owners, Occupants, and Operators.

Notes

Or. Admin. Code § 860-024-0018

PUC 6-2022, adopt filed 09/22/2022, effective 9/22/2022

Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & ORS 758

Statutes/Other Implemented: ORS 757.035 & ORS 758.280 - 758.286