Electrical Corporation Infrastructure Standards

PURPOSE: This rule establishes the minimum requirements for the transmission and distribution facilities of electrical corporations as defined in section 386.020(15), RSMo Supp. 2007 regarding in spection (including maximum allowable inspection cycle lengths), condition rating, scheduling and performance of corrective action, record keeping, and reporting, in order to provide safe and ade quate electrical service. These requirements shall be based on fac tors such as applicable industry codes, national electric industry practices, manufacturer’s recommendations, sound engineering judgment and past experience. (1) Applicability. This rule applies to all electrical corporations as defined in section 386.020(15), RSMo Supp. 2007. (2) Definitions. For the purpose of this rule: (A) Corrective action means maintenance, repair, or replace ment of electrical corporation equipment and structures so that they function properly and safely. Temporary interruption of service or remedial action is appropriate until corrective action can be completed; (B) Detailed inspection means an inspection where individ ual pieces of equipment and structures are carefully examined, visually and through use of routine diagnostic testing, as appropriate, and (if practicable and if useful information can be so gathered) opened, and the condition of each rated and recorded; (C) Intrusive inspection means an inspection involving movement of soil, taking samples for analysis, and/or using more sophisticated diagnostic tools beyond visual inspections or instrument reading; (D) Operating area means a geographical subdivision of each electrical corporation’s franchise territory as defined by the electrical corporation. These areas may also be referred to as regions, divisions or districts; (E) Patrol means a simple visual inspection, of applicable electrical corporation equipment and structures, which is designed to identify obvious structural problems and hazards. Patrols may be carried out in the course of other electrical cor poration business; (F) Remedial action means action taken immediately or as soon as possible to eliminate an imminent hazard to person or property. Remedial action may be temporary, pending final corrective action. Remedial action may include the temporary interruption of service; (G) Rural means those areas where there are fewer than thir ty-five (35) customers per circuit mile; (H) Underground network means an electrical distribution system typically located in manholes, vaults, tunnels, and other underground structures; and (I) Urban means those areas where there are thirty-five (35) or more customers per circuit mile. (3) Standards for Inspection, Record Keeping, and Reporting. (A) Each electrical corporation subject to this rule shall have personnel, sufficiently trained in inspections, conduct inspec tions of its transmission and distribution facilities operated above six hundred (600) volts, as necessary to provide safe and adequate service pursuant to section 393.130.1, RSMo Supp. 2007, but in no case may the period between inspections (mea sured in years) exceed the time specified in the table, included herein, titled “Electrical Corporation System Inspection Cycles (Maximum Intervals in Years).” (B) Each electrical corporation subject to this rule shall file at the commission by no later than July 1, 2008, compliance plans for the inspections and record keeping required by this rule, with verification by affidavit of an officer who has knowledge of the matters stated therein. These compliance plans shall in clude the proposed forms and formats for annual reports and source records, as well as the electrical corporation’s plans for the types of inspections and equipment to be inspected during July 1 through December 31, 2008 and the coming calendar year. The electrical corporation’s compliance plans shall in clude a projected schedule for completing a full cycle for each infrastructure classification shown in the attached table titled “Electrical Corporation System Inspection Cycles (Maximum Intervals in Years).” The commission may prescribe changes to an individual electrical corporation’s obligations relating to reporting and record keeping formats and forms when and as necessary. None of these changes may conflict with the requirements of this rule unless specifically approved by the commission through a variance. (C) Each electrical corporation subject to this rule shall file with the commission an annual report detailing its compliance with this rule during the prior calendar year, with verification by affidavit of an officer who has knowledge of the matters stated therein. The first report required under this section shall be filed with the commission by no later than July 1, 2009 and will cover calendar year 2008. Each electrical corporation shall file subsequent annual reports for every following year by no later than July 1 covering the prior calendar year. The report shall identify the number of facilities, by type, which have been inspected during the previous reporting period. It shall identify those facilities that were scheduled for inspection but that were not inspected according to schedule and shall ex plain why the inspections were not conducted, and provide the electrical corporation’s recovery plan to perform the required inspections. The report shall also present the total number and percentage breakdown of equipment rated at each condition rating level, including that equipment determined to be in need of corrective action. Where corrective action was sched uled during the reporting period, the report shall present the total number and percentage of equipment that was or was not corrected during the reporting period. For those instances in which equipment was scheduled to have corrective action but the equipment was not corrected during the reporting pe riod, an explanation shall be provided, including a date certain by which required corrective action will occur. The report shall also present totals and the percentage of equipment in need of corrective action, but with a scheduled date beyond the report ing period, classified by the amount of time remaining before the scheduled action. All of the above information shall be pre sented for each type of facility identified in the table, included herein, titled “Electrical Corporation System Inspection Cycles (Maximum Intervals in Years).” If periodic reporting of infra structure inspection results is required by another governmen tal entity, those reports shall also be filed at the commission. (D) The electrical corporation shall maintain records of in spection activities which shall be made available to commis sion staff for inspection pursuant to section 393.140, RSMo 2000 and 4 CSR 240-10.010. (E) For all inspections, within a reasonable period, electrical corporation records shall specify the circuit, area, or equip ment inspected, the date of the inspection, and any problems identified during each inspection, as well as the scheduled date of corrective action. For detailed and intrusive inspec tions, electrical corporations shall also rate the condition of inspected equipment. Upon completion of corrective action, electrical corporation records shall show the nature of the work and the date the work was performed. (F) Where facilities are exposed to extraordinary conditions or when an electrical corporation has demonstrated a pattern of noncompliance with Commission Safety Standards, 4 CSR 240-18; Electrical Corporation Infrastructure Standards, 4 CSR 240-23.020; or any other commission rules relating to the provi sion of safe and adequate service, the commission may require a shorter interval between inspections. (G) Commission staff shall review each electrical corpora tion’s annual report and may inspect and verify that the elec trical corporation is in compliance with this rule. (H) If the electrical corporation discovers, or should have discovered, upon inspection as required under this rule, or the electrical corporation is otherwise given notice that prudent operation of facilities would require corrective action, then it shall take such corrective action within a reasonable period of time. If harm to person or property is imminent, then correc tive or remedial action shall be taken immediately, or as soon as possible. (4) In the event an electrical corporation incurs expenses as a result of this rule in excess of the costs included in current rates, the corporation may submit a request to the commission for accounting authorization to defer recognition and possi ble recovery of these excess expenses until the effective date of rates resulting from its next general rate case, filed after the effective date of this rule, using a tracking mechanism to record the difference between the actually incurred expenses as a result of this rule and the amount included in the corpo ration’s rates, or if there is no identifiable amount included in the corporation’s rates, the amount reflected in the appropriate accounts for infrastructure inspection and maintenance on the corporation’s books for the test year (as updated) from the cor poration’s last rate case will be used to determine the amount included in current rates. In the event that such authorization is granted, the next general rate case must be filed no later than five (5) years after the effective date of this rule. Parties to any electrical corporation request for accounting authorization pursuant to this rule may ask the commission to require the electrical corporation to collect and maintain data (such as actual revenues and actual infrastructure inspection expenses) until such time as the commission addresses ratemaking for the deferrals. The commission will address the ratemaking of any costs deferred under these accounting authorizations at the time the electrical corporation seeks ratemaking in a general rate case. (5) Variances. A variance from a provision of this rule may be granted for good cause shown. Nothing in this rule shall prevent an electrical corporation from proposing and the com mission from approving an alternative infrastructure inspec tion program varying from the table, included herein, titled “Electrical Corporation System Inspection Cycles (Maximum Intervals in Years)” if the electrical corporation can establish that the alternative infrastructure inspection program has pre viously produced equal to or greater reliability performance than what would be produced under this rule or that the alter native infrastructure inspection program shall produce equal to or greater reliability performance in the future than what would be produced under this rule. AND INSURANCE AUTHORITY: sections 386.040, 386.250, 386.310 and 393.140, RSMo 2000 and section 393.130, RSMo Supp. 2007.* This rule orig inally filed as 4 CSR 240-23.020. Original rule filed Dec. 14, 2007, effective June 30, 2008. Moved to 20 CSR 4240-23.020, effective Aug. 28, 2019. *Original authority: 386.040, RSMo 1939; 386.250, RSMo 1939, amended 1963, 1967, 1977, 1980, 1987, 1988, 1991, 1993, 1995, 1996; 386.310, RSMo 1939, amended 1979, 1989, 1996; 393.130, RSMo 1939, amended 1949, 1967, 1969, 2002; and 393.140, RSMo 1939, amended 1949, 1967.