OREGON JOINT USE ASSOCIATION

1
OREGON JOINT USE ASSOCIATION

• PRIORITIZATION
• OF
• REPAIRS

2
AGENDA

• INTRODUCTIONS
• BACKGROUND
• DIVISION 24 HEARING
• COMMITTEE GOALS
• COMMITTEE MEETINGS
• WORK COMPLETED TO DATE
• GOING FORWARD

3
BACKGROUND

• Why the Rulemaking?
• Rulemaking Process
• Rulemaking Timeline

4
Why the Rulemaking?

• It had been over 5 years since House Bill 2271
• PUC Staff Policies not authoritative when under
  legal challenge
• Disputes before the Commission require efficient
  resolution
• DOJ requested White Paper from PUC Safety Staff

5
Rulemaking Process

• Drafted Proposed Rules with input from
• Electric Rates and Planning Section
• Telecomm Rates Svc Quality
• Administrative Hearings Division
• Dept. of Justice
• Utility Program Support Services
• Safety Reliability Section

6
Rulemaking Process

• Informal Rulemaking Industry Input
• Four Industry Workshops
• Written comments from Industry posted on PUC
  website
• Revised Draft Rules Proposed
• Second round of written comments from Industry

7
Rulemaking Process

• Formal Rulemaking
• Hearings Division ALJ
• OJUA Advisory to the Commission
• Public Meetings with Commissioners in Attendance
• OJUA Board of Directors Meetings (Diverse Views)
• Oral and written testimony
• Commission adoption of Final Rules
• http//apps.puc.state.or.us/edockets/docket.asp?Do
  cketID13128

8
Rulemaking Timeline

• PUC Safety Staff with the input from other
  Agencies drafted proposed changes to Divisions 24
  and 28
• Informal Workshops with Industry input began
  August 2005
• Formal Notice of Rulemaking January 2006 Docket
  AR-506
• First Workshop March 2006 OJUA Requests
  Bifurcation of AR-506

9
Rulemaking Timeline

• AR-506 Phase 1 Division 24 (Commission Safety
  Rules)
• AR-506 Phase 2 Division 28 (Commission Pole
  Attachment, Dispute Resolution Rules)
• OJUA proposed Docket AR-510 (Commission Sanction
  Rules) in September 2006 to run concurrently with
  AR-506 Phase 2

10
Rulemaking Timeline

• AR-506 Phase 1 March 2006
• Final comments due June 29, 2006
• Final order 06-547 issued September 26, 2006

11
Rulemaking Timeline

• AR-506 Phase 2 began again June 2006 with first
  hearing October 2006
• AR-510 ran concurrently beginning in September
• Last day for written comments was November 17,
  2006
• Final Commission Order NO 07-137 on April 10,
  2007

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From the Commission
We commend the OJUA for coordinating comments
from the various industries that have widely
divergent views on sanctions and for proposing
and revising their recommended rules throughout
the process. Their advice, and willingness to
broker a compromise, has been indispensable in
this process, and we look forward to continued
leadership by the OJUA in the future.
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INTRODUCTIONS

• COMMITTEE MEMBERS
• Bill Woods, PacifiCorp
• Jeff Kent, Qwest
• Terry Blanc, TPUD
• Dave Ramsey, Comcast
• Scott Wheeler, Comcast
• Troy Rabe, Comcast
• James Fife, Verizon
• Stuart Sloan, Consumers Power Inc.
• Julian Khouri, PGE
• Bill Tierney, PGE
• Linda Wolfe, EWEB
• Dave Shaw, ORECA

• Karen Horejs, EWEB
• Bruce Rogers, PGE
• Dan Gilpin, PGE
• Craig Andrus, EPUD
• Heide Caswell, PacifiCorp
• Gary Lee, Charter
• Bill Kiggins, Clear Creek
• John Wallace, OPUC
• John Sullivan, PGE
• Roger Kuhlman, Salem Electric
• Wendy Knodel, OJUA
• Joe Clifton, PacifiCorp

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ORDER NO. 06-547ENTERED 09/26/06BEFORE THE
PUBLIC UTILITY COMMISSIONOF OREGONAR 506In the
Matter ofRulemaking to Amend and Adopt
PermanentRules in OAR 860, Divisions 024 and
028,Regarding Pole Attachment Use and Safety.
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• Prioritization of Repairs
• Commissions Order
• The rules adopted today require immediate
  treatment of any violation that poses an
  imminent danger to life or property. Other
  violations must be fixed within two years of
  discovery. If there is little or no foreseeable
  risk of danger, the operator has a plan to fix
  the violation, and all attachers on the relevant
  pole agree, some violations may be deferred to be
  fixed during the next major work activity, but no
  more than ten years after discovery of the
  violation.

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860-024-0012

• Prioritization of Repairs by Operators of
  Electric Supply Facilities and Operators of
• Communication Facilities
• (1) A violation of the Commission Safety Rules
  that poses an imminent danger to life or property
  must be repaired, disconnected, or isolated by
  the operator immediately after discovery.
• (2) Except as otherwise provided by this rule,
  the operator must correct violations of
  Commission Safety Rules no later than two years
  after discovery.
• (3) An operator may elect to defer correction of
  violations of the Commission Safety Rules that
  pose little or no foreseeable risk of danger to
  life or property to correction during the next
  major work activity.
• (a) In no event shall a deferral under this
  section extend for more than ten years after
  discovery.
• (b) The operator must develop a plan detailing
  how it will remedy each such violation.
• (c) If more than one operator is affected by the
  deferral, all affected operators must agree to
  the plan. If any affected operators do not agree
  to the plan, the correction of violation(s) may
  not be deferred.
• (4) For good cause shown, or where equivalent
  safety can be achieved, unless otherwise
  prohibited by law, the Commission may for a
  specific installation waive
• the requirements of OAR 860-024-0012.
• Stat. Auth. ORS Ch. 183, 756, 757 759
• Stat. Implemented ORS 757.035

17
860-024-0012

• Prioritization of Repairs by Operators of
  Electric Supply Facilities and Operators of
• Communication Facilities
• (1) A violation of the Commission Safety Rules
  that poses an imminent danger to life or property
  must be repaired, disconnected, or isolated by
  the operator immediately after discovery.
• (2) Except as otherwise provided by this rule,
  the operator must correct violations of
  Commission Safety Rules no later than two years
  after discovery.
• (3) An operator may elect to defer correction of
  violations of the Commission Safety Rules that
  pose little or no foreseeable risk of danger to
  life or property to correction during the next
  major work activity.
• (a) In no event shall a deferral under this
  section extend for more than ten years after
  discovery.
• (b) The operator must develop a plan detailing
  how it will remedy each such violation.
• (c) If more than one operator is affected by the
  deferral, all affected operators must agree to
  the plan. If any affected operators do not agree
  to the plan, the correction of violation(s) may
  not be deferred.
• (4) For good cause shown, or where equivalent
  safety can be achieved, unless otherwise
  prohibited by law, the Commission may for a
  specific installation waive
• the requirements of OAR 860-024-0012.
• Stat. Auth. ORS Ch. 183, 756, 757 759
• Stat. Implemented ORS 757.035

18
860-024-0012

• Prioritization of Repairs by Operators of
  Electric Supply Facilities and Operators of
• Communication Facilities
• (1) A violation of the Commission Safety Rules
  that poses an imminent danger to life or property
  must be repaired, disconnected, or isolated by
  the operator immediately after discovery.
• (2) Except as otherwise provided by this rule,
  the operator must correct violations of
  Commission Safety Rules no later than two years
  after discovery.
• (3) An operator may elect to defer correction of
  violations of the Commission Safety Rules that
  pose little or no foreseeable risk of danger to
  life or property to correction during the next
  major work activity.
• (a) In no event shall a deferral under this
  section extend for more than ten years after
  discovery.
• (b) The operator must develop a plan detailing
  how it will remedy each such violation.
• (c) If more than one operator is affected by the
  deferral, all affected operators must agree to
  the plan. If any affected operators do not agree
  to the plan, the correction of violation(s) may
  not be deferred.
• (4) For good cause shown, or where equivalent
  safety can be achieved, unless otherwise
  prohibited by law, the Commission may for a
  specific installation waive
• the requirements of OAR 860-024-0012.
• Stat. Auth. ORS Ch. 183, 756, 757 759
• Stat. Implemented ORS 757.035

19
860-024-0012

• Prioritization of Repairs by Operators of
  Electric Supply Facilities and Operators of
• Communication Facilities
• (1) A violation of the Commission Safety Rules
  that poses an imminent danger to life or property
  must be repaired, disconnected, or isolated by
  the operator immediately after discovery.
• (2) Except as otherwise provided by this rule,
  the operator must correct violations of
  Commission Safety Rules no later than two years
  after discovery.
• (3) An operator may elect to defer correction of
  violations of the Commission Safety Rules that
  pose little or no foreseeable risk of danger to
  life or property to correction during the next
  major work activity.
• (a) In no event shall a deferral under this
  section extend for more than ten years after
  discovery.
• (b) The operator must develop a plan detailing
  how it will remedy each such violation.
• (c) If more than one operator is affected by the
  deferral, all affected operators must agree to
  the plan. If any affected operators do not agree
  to the plan, the correction of violation(s) may
  not be deferred.
• (4) For good cause shown, or where equivalent
  safety can be achieved, unless otherwise
  prohibited by law, the Commission may for a
  specific installation waive
• the requirements of OAR 860-024-0012.
• Stat. Auth. ORS Ch. 183, 756, 757 759
• Stat. Implemented ORS 757.035

20
860-024-0012

• Prioritization of Repairs by Operators of
  Electric Supply Facilities and Operators of
• Communication Facilities
• (1) A violation of the Commission Safety Rules
  that poses an imminent danger to life or property
  must be repaired, disconnected, or isolated by
  the operator immediately after discovery.
• (2) Except as otherwise provided by this rule,
  the operator must correct violations of
  Commission Safety Rules no later than two years
  after discovery.
• (3) An operator may elect to defer correction of
  violations of the Commission Safety Rules that
  pose little or no foreseeable risk of danger to
  life or property to correction during the next
  major work activity.
• (a) In no event shall a deferral under this
  section extend for more than ten years after
  discovery.
• (b) The operator must develop a plan detailing
  how it will remedy each such violation.
• (c) If more than one operator is affected by the
  deferral, all affected operators must agree to
  the plan. If any affected operators do not agree
  to the plan, the correction of violation(s) may
  not be deferred.
• (4) For good cause shown, or where equivalent
  safety can be achieved, unless otherwise
  prohibited by law, the Commission may for a
  specific installation waive the requirements of
  OAR 860-024-0012.
• Stat. Auth. ORS Ch. 183, 756, 757 759
• Stat. Implemented ORS 757.035

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PRIOTIZATION OF REPAIR COMMITTEE GOALS

• Develop communication protocols between joint use
  operators and PUC on deferred corrections.
• Develop specific guidelines for classification of
  corrections.
• Product developed by committee endorsed by PUC
  safety staff.
• Entire industry is involved in process by
  conducting two workshops throughout the state.

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POR COMMITTEE MEETINGS AND WORKSHOPS

• January 18, 2007 Organizing Meeting at PGE Salem
• February 1, 2007 Committee Work at PGE Salem
• February 14, 2007 Committee Work at EWEB
• March 1, 2007 Workshop at PGE in Salem 9 AM to
  noon
• March 15, 2007 OJUA Board meeting 10 AM to 12
  noon then POR Committee Work 1 PM to 3 PM Comcast
  Beaverton
• March 22, 2007 Committee Work at PGE in Salem 9
  AM to 3 PM
• April 5, 2007 Workshop in Central Oregon Bend
  Broadband 10 AM to noon Committee Work noon to 3
  PM
• April 17 and 18, 2007 Release Final Work at OJUA
  NESC Spring Training.

23
WORK TO DATE

• Decision Tree
• Five Reasons
• Matrix
• Affected Parties
• C Flow Chart
• Plan of Correction

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DECISION TREE

• John Wallace, Oregon Public Utility Commission

25
(No Transcript)
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Five Reasons

• BILL WOODS, PACIFICORP
• Conditions that would postpone repair work beyond
  two years.
• Road Widening
• Forced Relocate
• Scheduled Pole Replacement
• Scheduled Rebuild
• Scheduled Corrections

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MATRIXOJUA/NESC/DEFECT/CONDITION

• TROY RABE, COMCAST
• NESC RULES
• OREGON ADMINISTRATIVE RULES
• OJUA INSPECTION CODES

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MATRIXOJUA/NESC/DEFECT/CONDITION
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AFFECTED PARTIES

• BILL TIERNEY, PGE
• 860-024-0012
• (c) If more than one operator is affected by the
  deferral, all affected operators must agree to
  the plan. If any affected operators do not agree
  to the plan, the correction of violation(s) may
  not be deferred.

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AFFECTED PARTIES

• Violating Operator has burden of receiving
  permission from affected parties
• Communication shall be in writing (e-mail or
  paper)
• Negative Option is OK
• Requires Plan

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AFFECTED PARTIES

• Pole Owner Inspection
• Pole Owner since the owner has an obligation to
  maintain its pole in compliance with code.
• Other attached operators
• Its workers may be impacted from a safety and/or
  operations perspective.
• An event may occur because of the violation that
  may impact its facilities.

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AFFECTED PARTIES

• Operator Initiated Inspection
• Pole owner if the violation is at the pole or
  between poles.
• Other attached operators
• Its workers may be impacted from a safety and/or
  operations perspective.
• An event may occur because of the violation that
  may impact its facilities

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(No Transcript)
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PLAN OF CORRECTION

• BILL TIERNEY, PGE
• NOTIFICATION
• 180 DAYS TO CORRECT
• 60 TO SUBMIT A PLAN OF CORRECTION
• MUST BE ACCEPTABLE

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GOING FORWARD

• Please give feed back
• Committee members
• OJUA.ORG
• Bill.woods_at_pacificorp.com
• Bill Woods 503-813-7157
• OJUA 503-378-0595
• OJUA Annual Meeting October 4 and 5 2007, Eagles
  Crest, Redmond Oregon
• OJUA Quarterly meetings.

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OJUA.ORG