20030917_616.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
WORKING FILE
FROM:BEVERLY BARKER
DATE:SEPTEMBER 15, 2003
RE:FORMAL COMPLAINT OF CLAIR CHEIRRETT
Today the Commission received a written request from Clair Cheirrett that the
Commission accept his formal complaint regarding Utah Power s tree trimming practices. Mr.
Cheirrett states that the Company is "trimming to excess without any regard for the health of the
trees or damage they are doing to citizen s property. .. I do feel that their trimming practices
should be stopped until an unbiased entity establishes proper trimming procedures." Attached to
this memo is a copy of Mr. Cheirrett's letter.
BACKGROUND
Utah Power intended to trim trees on Mr. Cheirrett's property on Tuesday, September 16
2003. The Company agreed to stay its action until such time as the Commission makes a
decision with respect to Mr. Cheirrett's request.
Last week, Mr. Cheirrett filed an informal complaint with the Commission Staff. Staff
determined that there were no grounds upon which to reverse or modify the Company s decision
to trim Mr. Cheirrett's trees. Attached is a copy of Staffs letter to Mr. Cheirrett. Also attached
is a letter that the Company sent to Mr. Cheirrett dated September 2, 2003.
COMMISSION DECISION
Does the Commission wish to initiate a formal complaint case against Utah Power as
requested by Mr. Cheirrett? If so, should a summons be issued to Utah Power?
i:udmemos/cheirrett formal complaint
DECISION MEMORANDUM SEPTEMBER 15 2003
Sep 14 03 ' 07: 14a (~~~
+0 f~)
Sept. 13 2003
C(air CheilTen
670 Webster
Montpelier, Id. 83254
Beverly Barker, Director
Consumer Assistance
Idaho Public Utilities Commission
P. O. Box 83720
Boise, rd. 83720
Dear Ms. Barker:
Thank you for taking time to respond to my inquiry about Utah Powers tree-trimming practices. You stated
that I have the right to file a fonnal complaint about this matter. Please consider this letter my formal
complaint. 1 cannot find anything in Idaho code that gives Utah Power the right to trim or the parameters of
how much they can trim trees. 1 can find in the National Electrical Safety Code where they can maintain
trees and vegetation. However, it seems that Utah Power sets the standards as to how and when the trees
will be trimmed. This quit frankly is like having the fox guard the hen house. 1 submit that they are
trimming to excess without any regard for the health of the trees or damage they are doing to citizen
property .
This being said 1 will agree that safety and uninterrupted power are Important. I do feel that their trimmingpractices should be stopped until an unbiased entity establishes proper trimming procedures.
Utah Power needs to be advised ofthis complaint immediately as they plan to trim the trees on my properry
Sept. 16 2003 at 7:30 AM.
:;~ (!~
Clair Cheirrett
Pictures of trimmed trees to follow.
IDAHO
PUBLIC UTiliTIEScommission
Dirk Kempthorne, Governor
o. Box 83720, Boise, Idaho 83720-0074
Paul Kjellander, President
Marsha H. Smith, Commissioner
Dennis S. Hansen , Commissioner
September 10, 2003
Clair Cheirrett
670 Webster St.
Montpelier, ill 83254
Dear Mr. Cheirrett:
On Monday, September 8, 2003 , you inquired about the authority of Utah Power to trim trees on
your property. In response to your inquiry, I have researched the rules and practices relating to
tree trimming performed by utilities regulated by the Idaho PUc. I also reviewed related
correspondence and documents provided to me by Utah Power. Finally, I have discussed this
matter with a Staff engineer as well as legal counsel. I have summarized my findings below.
Public utilities have the obligation to maintain their equipment and facilities to provide for the
safety and convenience of its customers, employees and the general public. Idaho Code g 61-
302 states
Every public utility shall furnish, provide and maintain such service
instrumentalities, equipment and facilities as shall promote the safety,
health, comfort and convenience of its patrons employees and the public
and as shall be in all respects adequate, efficient, just and reasonable.
The Public Utilities Law also authorizes the Commission to require every public utility to
maintain and operate its equipment and facilities safely. Specifically, Idaho Code g 61-515
states
The commission shall have the power. . . to require every public utility to
maintain and operate its line, plant, system, equipment, apparatus and
premises in such manner as to promote and safeguard the health and safety
of its employees, customers and the public, and to this end to prescribe the
installation, use, maintenance and operation of appropriate safety or other
devices or appliances, to establish uniform or other standards of equipment
and to require the performance of any other act which the health or safety
of its employees, customers or the public may demand.
Located at 472 West Washington Street, Boise, Idaho 83702
Telephone: [phone] Facsimile: [phone]
Pursuant to Idaho Code 9 61-515 , the Commission has promulgated safety rules that are found at
IDAP A 31.11.01. Safety Rule 101 adopts the 2002 edition of the National Electrical Safety
Code (NESC). All electrical and telephone corporations subject to the Commission
jurisdiction are required to abide by applicable provisions of the NESc. Section 281.A.1 of the
NESC states
Trees that may interfere with ungrounded supply conductors should be
trimmed or removed. NOTE: Normal tree growth, the combined movement
of trees and conductors under adverse weather conditions, voltage, and sag-
ging of conductors at elevated temperatures are among the factors to be
considered in determining the extent of trimming required.
In addition, regulated utilities have general provisions regarding maintenance of facilities
included in tariffs filed with and approved by the Commission. Electric Service Regulation No.
, Section 2c of Utah Power s tariff provides
The customer shall permit access by the Company s representatives at
all hours to maintain the Company s electric distribution facilities on the
Customer s premises. The Customer shall permit the Company to trim
trees and other vegetation to the extent necessary to avoid interference
with the Company s lines and to protect public safety.
PacifiCorp, Utah Power s corporate parent, has a Transmission and Distribution Vegetation
Management Program. As part of its program, the company has developed detailed
specifications on how trees should be trimmed or, if necessary, removed in order for the
company to provide safe and reliable electric service to its customers. For slow-growing trees
such as birch, the Specification Manual calls for trimming trees so that there is a side clearance
of 8 feet and clearance above and below the power line of 10 feet. (See enclosed excerpts from
the Specification Manual.)
Based on the information provided to Staff, it appears that Utah Power has followed its
established procedures. Utah Power maintains that its proposed method of trimming trees on
your property is appropriate and will not damage the trees. According to the company, the
alternate methods suggested by you (topping or reshaping), combined with current drought
conditions and an influx of birch borers in the area, would severely stress and possibly kill the
affected trees. Utah Power is willing to remove the trees and has offered you coupons for
replacement trees, but you indicated that removal is not an acceptable solution.
From your description, I can certainly understand your desire to maintain a beautiful part of your
home s landscaping. I know that you oppose Utah Power s proposed course of action. How-
ever, I have not discovered any grounds upon which to reverse or ~odify the company
decision. If you are aware of any facts that contradict what Utah Power has represented, please
let me know.
You do have the right to file a formal complaint with the Commission about this matter. The
complaint must be in writing, fully state the facts, refer to the statutes or rules involved, and
specify the desired outcome. You may send a letter to the IPUC, Attn: Jean Jewell, Commission
Secretary, P.O. Box 83720, Boise, Idaho 83720-0074. Given the fact that Utah Power intends to
trim your trees next Tuesday, September 16, I would suggest that you also fax us a copy of your
letter to [phone]. Upon receipt of the formal complaint, the Staff will ask the company to
delay action until such time as the Commission can decide whether to accept the formal
complaint and initiate a case.
~::lY'
g.L
Beve:~ker, Director
cons~:ssistance
Enclosures
cc: Randy Lobb, Administrator, Utilities Division
Don Howell, Deputy AG.
Robin Cross, PacifiCorp
PACIFICORP Vegetation Management
3 WORK TECHNIQUES
1 Utility Lateral (Directional) Pruning
Tree pruning shall adhere to the principles of modern arboriculture. The American
National Standard for Tree Care Operations A300 (ANSI 2001), International
Society of Arboriculture (ISA) Tree-Pruning Guidelines (ISA 1995) and Pruning
Trees Near Electric Utility Lines (Shigo, 1990) are the basis for PacifiCorp s pruning
specifications. Directional pruning is natural target pruning applied to routing tree
growth away from utility lines (Miller 1998). ANSI A300 (2000) and ISA'Tree-
Pruning Guidelines (ISA 1995) instruct that pruning to clear the utility space involves
thinning cuts: removing at natural targets entire branches that are growing toward (or
once cut will produce sprouts that will grow toward) power lines. Branches growing
away from the facility do not pose an electric hazard and should not be pruned. These
stems should be allowed to develop to their natural height or length. Topping,
roundovers, flush cuts, branch tipping and rip cuts are unacceptable.
Directional pruning is consistent with natural tree structure. Remaining branches retain
their taper, strong attachments, growth regulators and spacing. They continue to grow
and function normally, allowing the tree to reach to its natural height in every direction
except toward the utility space.
A "V" shape often results on properly pruned trees growing under power lines
particularly on decurrent deciduous trees (Figure 4). Limbs growing upward and
toward the facility should be cut back to the trunk or to limbs growing away from the
conductors. Remaining branches should have sufficient clearance so high winds
cannot whip the ends into the wires.
L" or one-sided shapes may result on properly pruned trees to the side of the
conductors (Figures 2 and 3). Limbs on the wire side of trees located adjacent to
facilities should be cut back to the trunk; or to limbs growing vertically, sideways, or
downward; depending on the dist~nce to the line and/or available natural target.
1.1 Natural Target Pruning
Natural targets are proper final pruning cut locations at strong points in the tree
disease defense system. Removing branches at natural targets rarely damages the
joining trunk or limb (Miller 1998). The ISA Tree-Pruning Guidelines and A300
(ANSI 1995) describe the technique. Targets vary depending on whether a branch or
co dominant stem is removed, or a lead is shortened to a lateral (Figure 1).
1.1.1 Collar Cuts
Branches should be removed at the branch collar (Figure 1). Cutting into the collar
known as flush cutting, is inappropriate because it creates a direct port of disease entry
into the parent stem. The disease may weaken stems and create hazardous trees.
the other hand, proper branch removal does not leave stubs for pathogens to use as an
energy source in overcoming the tree s defense system and spread into the trunk. If the
branch is removed correctly, only the branch protection zone is exposed, giving an
- 7 -
PACIFICORP Vegetation Management
Figure 2. Conifer Side Pruning
Landscape Tree Rural Non-Landscape Tree
Landscape Tree Rural Non-Landscape Tree
- 9 -
Specification Manual
Figure 3. Deciduous Side Pruning
Landscape Tree Close to Line Rural Non-Landscape
Tree Close to Line
Tree Set Back from Line
- 10 -
PACIFICORP Vegetation Management
Figure 4. Deciduous Crown Reductions
--------.. ....,---.-....."""""""""'-'-'--"-"-'"' ..
- 11 -
Specification Manual
TABLE 1: DISTRIBUTION PRIMARY CLEARANCES
Slow Growin Trees ~ 1 ft/yr)
Side Clearance
Under Clearance
Overhang Clearance
Trimming
Thresho1d*
4 feet
6 feet
8 feet
ecification
8 feet
10 feet
10 feet
Moderate Growing Trees (1-3 ftlyr)
Side Clearance 6 feet 10 feet
Under Clearance 8 feet 12 feet
Overhang Clearance 8 feet 10 feet
Fast Growing Trees (? 3 ft/yr)
Side Clearance 8 feet 12 feet
Under Clearance 10 feet 14 feet
Overhang Clearance 8 feet 10 feet
*Note: Trees with clearances that exceed the pruning threshold may not requITe pruning,
provided they will not interfere with the primary conductors or violate state tree policy or
regulations before the next scheduled maintenance. However, they should still be considered
removal candidates. If trees have less than threshold clearance, they should be pruned to
specification, or removed.
- 22 -
UTAH POWER
A PacifiCorp Company
1438 W 2550 South
Ogden, Utah 84401
[phone]
Clair Cheirrett
670 Webster St..
Montpelier, ill 83254 September 2, 2003
Dear Mr. Cheirrett
Pruning the trees around the power lines is a sensitive issue and we had hoped to work with you to
complete the tree work cooperatively on your property. We have given you time to consider
alternatives and removal of the trees as you were concerned with the appearance of the trees, but
we must proceed for safety.
This letter is to confirm the tree pruning work needs to be completed on your property at 670
Webster St. and clarify why we must do this work. You have two Birch trees adj acent to the power
line serving you and your neighbors. These trees have grown into the clearance zone, and if not
corrected, are a threat to public safety and service reliability. Trees in contact with high voltage
lines may cause death, personal injury, and fire or power outages. You expressed strong concern
about our trimming rights and practices. The following is an effort to answer your questions
concerning our legal rights to do the work and describe what pruning is necessary.
Utah Power has the legal right and authority to maintain its electrical transmission
and distribution facilities in a manner that promotes a high standard of safe and reliable
service. Similarly, customers on whose land these facilities are located have a legal
obligation to allow Utah Power to perform reasonable maintenance and upkeep of its
facilities and may not impede Utah Power ability to do so.
The Idaho Public Service Commission has adopted rules that reQuire Utah
Power customers to allow it to sufficiently perform this maintenance as a condition of
service. Specifically. Electric Service Re!!ulation No.6. provides:
( c) The Customer shall permit access by the Company s representatives atall hours to
maintain electric distribution facilities on the Customer s premises. The customer
shall permit the Company to trim trees and other vegetation to the extent necessary to
avoid interference with the Company s lines and to protect public safety.
The state of Idaho has adopted as law and obli!!ate PacifiCorp s compliance with the
National Electric Safety Code ("NESC"standards for maintainin!! electric
transmission and distribution lines free of trees and other ve!!etation that may
interfere with such lines or that pose a safety hazard. Section 218-l of the NESC
states:
Trees that may interfere with ungrounded supply conductors should be pruned or
removed NOTE: Normal tree growth, the combined movement of trees and conductors
under adverse weather conditions, voltage, and sagging of conductors at elevated
temperatures are among the factors to be considered in determining the extent of pruning
required.
In limited situations where Utah Power, or one of its predecessor companies, has not acquired a
written easement from the landowner, the right to maintain a certain transmission or distribution
line may arise by operation of law. Known as a "prescriptive right " a line that has been in place for
at least 5 years will be recognized under Idaho law in much the same manner as an easement
acquired by negotiation from the landowner. Once vested with this right, Utah Power has the legal
duty and authority to reasonably maintain the line in a safe and reliable manner.
To determine what is reasonably safe we must follow guidelines set forth in the NESC for
maintaining electric transmission and distribution lines free of trees and other vegetation that
may interfere with such lines or that pose a safety hazard. Proper pruning practices should be
followed as outlined by the International Society of Arboriculture(ISA) and American National
Standards Institute (ANSI). The ANSI A300 standard section 5.7.2.1.4 and 5.1.5 state:
Trees growing along the side and growing into or toward the facility/utility space should
be pruned by removing entire branches. Branches that when cut, will produce sprouts
that will grow into facilities and/or utility space should be removed.
Branches should be cut to laterals or the parent branch and not at a pre-established clearing limit.
The ANSI A300 standard section 5.1.1 states that cuts should be made in accordance with sections 5.
which states:
A thinning cut shall consist of the removal of a lateral branch at its point of origin or the shortening
of a branch or stem by cutting to a lateral large enough to assume the terminal role.
We have different clearance requirements depending on tree species growth characteristics and
voltage ofthe line. Faster growing tree species like elms and cottonwood trees need at least 12 feet
of side clearance and 14 feet of clearance under the line. Slower growing tree species like the birch
and spruce trees need to be pruned for at least 8 feet of side clearance and 10 feet below the
conductors. Most branches will be pruned to lateral branches large enough to support the remaining
limb, or the trunk of the tree. Safety is our primary concern and the trees on your property pose a
serious safety threat, and fire hazard if not addressed soon.
IMPORTANT: We will be at your property on 9-16-03 at 7:30 a.m. to remedy this unreasonable
safety risk by pruning your trees well clear of our Power lines. If weather or other circumstances do
not allow us to complete the work on that day the work will be completed as soon as circumstances
allow!
I hope this answers your questions and concerns. I would be happy to meet with you prior to the
crew arriving to do the work, to answer any other questions you have about the trees and the
necessary pruning. We have been patient but need to proceed as this hazardous condition has been
there too long and I want to remind you that you will be billed for any delay to the tree crew
completing this necessary work. If you have questions or would like to meet before we complete
this work, please call me at [phone].
Respectfully,
Timothy P. Reinke
Area Forester
bc. Vaughn Rasmussen - ill/ WY West Wires Director
Scott Rapich- Preston /Montpelier Field Operations and Maintenance Manager
Jim Marquis- Director 0 & M Support
Randall H. Miller, System Forester
Robin Cross- Senior Analyst Tariff Policy
Glen Pond - Community Relations