Okla. Admin. Code § 165:35-25-3

Current through Vol. 42, No. 1, September 16, 2024

Section 165:35-25-3 - [Effective until 10/1/2024] Maintenance of plant, equipment, and facilities

(a)Safety of plant and system. Each utility shall install, operate, and maintain its entire plant and system in such condition as will enable it to furnish safe and adequate service, subject only to emergency conditions beyond its control. Utilities shall also perform routine inspections of overhead electric supply lines and accessible facilities for hazards to the public.

(b)Accepted good practice. The generating, transmission, and distribution system, including but not limited to generating plants and equipment, transmission lines, substations, overhead systems, underground systems, street lighting systems, service wires and support equipment attachments, transformers, meters and measuring equipment, and remote meter reading equipment shall be constructed, installed, maintained, and operated in accordance with accepted good practice up to and including the point of delivery to the consumer. "Accepted good practice" shall be defined by the applicable rules governing installation, operations, maintenance, and safety contained in the NEC.

(c)Compliance with the NEC. The installation and maintenance of electric utility systems shall comply with the NEC minimum standard requirements.

(1) Only the specific minimum clearances required by the NEC shall be required by this Chapter. Construction and facilities which meet the specific minimum clearances shall be deemed to meet the purpose of the NEC of the "practical safeguarding of persons." Any additional clearances provided will be at the discretion of the electric utility, or as directed by the Commission, and shall not be required or necessary to provide additional public safety.

(2) On all underground construction completed after the effective date of this Chapter, the utility shall place warning labels (of a Commission-approved design) at all locations where aboveground equipment and facilities are readily accessible to the public.

(3) The utility shall perform detailed inspections of its overhead facilities to identify any potential safety issues that could impact service or public safety. Utilities shall submit their inspection programs to PUD.

(d)Duties of pole owners and pole occupants.

(1) A pole owner must establish, maintain, and make available to pole occupants its joint use construction standards for attachments to its poles, and for joint space in conduits. Standards for attachment must apply uniformly to attachments by all operators, including the pole owner.

(2) A pole owner must establish and maintain mutually agreeable protocols for communications between the pole owner, pole occupants, and PUD. Such protocols shall include, but not be limited to including, standards for notification of pole abandonment, replacements, or moves. Such protocols shall be available upon request to PUD.

(3) Primary responsibility to rectify safety problems shall lie with the pole occupant whose facilities are in violation. In the event facilities are abandoned, the pole owner shall work with PUD to rectify the safety concern, and shall correct any unsafe condition to alleviate a safety risk, or a potential risk, to the general public and/or property.

(4) Nothing in this section shall be interpreted as requiring pole owners to allow pole occupants access to their poles. Further, nothing in this section indicates that the Commission shall have any right to regulate the rates charged by pole owners for access to poles.

(5) After a major event, a utility shall be given a ninety (90) day grace period to complete service restoration to the affected area and to conduct any post-inspection analyses. Utilities may request an extension of the grace period from the PUD Director by submitting the request in writing.

(e)Reliability of supply. The generating capacity of a utility's plant, supplemented by the electric power regularly available from other sources or firm contracts for electric power by a utility which operates no generating plants, must be sufficiently large to meet all normal demands for service and provide a reasonable reserve for emergencies.

(f)Quality of service.

(1) In the event that any consumer operates or connects any electrical device to his/her electric system which causes an interference, noise, distortion of the 60 Hz sine wave, or other disturbance on the system of the utility which results in a disruption, disturbance, or interference to the utility, its consumers, or a communication company or its consumers, the utility shall:

(A) Require the consumer causing the problem to take corrective measures by installing suitable or special equipment necessary to eliminate or reasonably limit such adverse effect, or

(B) Install, at the consumer's expense, equipment specifically designed to reasonably limit such adverse effect.

(2) The consumer causing the problem shall bear all expenses necessary to eliminate the adverse conditions or be subject to a discontinuance of service after written notice so that other consumers are not deprived of the quality of service provided prior to the existence of the problem. Where the utility believes the condition creates a hazard to the public, the utility, or the property, the disconnection may be made without prior notice. However, the utility shall notify the consumer as soon as practical after the disconnection.

(g)Harmonics. In 60 Hertz electric power systems, a harmonic is a sinusoidal component of the 60 Hertz fundamental wave having a frequency that is an integral multiple of the fundamental frequency. "Excessive harmonics," in this subsection, shall mean levels of current or voltage distortion at the point of common coupling (metering point) between the utility and the consumer outside the levels recommended in the IEEE standard referenced in subsection (g)(1). Each utility shall assist every consumer or communications provider affected with problems caused by excessive harmonics and consumers or communications providers affected in exceptional cases as described in subsection (f)(5).

(1)Applicable standards. In addressing harmonics problems, the utility and the consumer shall implement, to the extent reasonably practicable and in conformance with prudent operation, the practices outlined in IEEE Standard 519-1992, IEEE Recommended Practices and Requirements for Harmonic Control in Electric Power Systems, or any successor IEEE standard, to the extent not inconsistent with law, including state and federal statues, orders, and regulations, and applicable municipal regulations.

(2)Investigation. After notice by a consumer or communications provider that it is experiencing problems caused by harmonics, or if a utility otherwise becomes aware of harmonics conditions adversely affecting a consumer or communications provider, the utility shall determine whether the condition constitutes excessive harmonics. If so, the utility shall investigate and determine the cause of the excessive harmonics.

(3)Excessive harmonics created by consumer. If a utility determines that a consumer has created excessive harmonics that cause or are reasonably likely to cause another consumer or communications provider to receive unsafe, unreliable or inadequate electric service, the utility shall provide written notice to the consumer creating excessive harmonics. The notice shall state that the utility has determined that the consumer has created an excessive harmonics condition and that the utility has explained the source and consequences of the harmonics problem. The notice shall give the consumer two options to cure the problem.

(A) The utility may cure the problem by working on the consumer's electric facilities at a mutually agreeable time and assess the investigation and repair costs to the consumer.

(B) The consumer may elect to cure the problem at its option and its cost, but the remedy shall occur within a reasonable time, which will be specified in the notice.

(4)Failure of the consumer to remedy the problem. Failure of the consumer to remedy the problem may require the utility to disconnect the consumer's service. The utility shall then remedy the excessive harmonics condition, or the utility may determine that the consumer has remedied the condition within the time specified. In the event the consumer refuses to allow the utility to remedy the problem and does not stop creating excessive harmonics within the time specified, the utility may disconnect the consumer's service. Before disconnecting pursuant to this subsection, the utility shall provide written notice of its intent to disconnect at least five (5) business days before doing so, unless the consumer grants the utility access to its electric facilities or ceases creating excessive harmonics. The utility may disconnect the consumer five (5) business days after providing the notice, unless the consumer grants the utility access to its electric facilities or ceases creating excessive harmonics.

(5)Excessive harmonics created by a utility or third party. If a utility determines that its operation or facilities, or the operations or facilities of a third party other than a consumer, created excessive harmonics that causes, or is reasonably likely to cause, a consumer or communications provider to receive unsafe, unreliable or inadequate electric service, the utility shall remedy the excessive harmonics condition at the earliest practical date.

(6)Excessive total harmonic distortion created by two or more harmonic sources within IEEE 519 limits. If, in its investigation of a harmonics problem, an electric utility determines that two or more consumer's harmonic loads are individually within IEEE 519 limits but the sum of the loads are in excess of the IEEE 519 limits, the utility may require each consumer to reduce its harmonic levels below the limits specified in IEEE 519.

(7)Cost responsibility. Each utility or third party that created an excessive harmonics condition, or that investigated or remedied an excessive harmonics condition created by a third party other than a consumer, must bear the costs incurred in investigating and remedying the condition, and shall not assess any fees to the affected consumer.

(h)Power quality monitoring. In addressing power quality monitoring, each utility shall implement, to the extent reasonably practicable and in conformance with prudent operation, the practices outlined in IEEE Standard 1159-1995, IEEE Recommended Practice for Monitoring Electric Power Quality, or any successor IEEE standard, to the extent not inconsistent with law, including state and federal statutes, orders, and regulations, and applicable municipal regulations.

(i) If PUD informs the utility of any safety issues concerning the utility's plant, equipment, or facilities by identifying the relevant NEC, Commission rule, or other applicable Federal or State laws implicated by the safety issue, the utility shall electronically provide photographic evidence to PUD showing completion of work and that the issue has been resolved.

Okla. Admin. Code § 165:35-25-3

Amended at 10 Ok Reg 2633, eff 6-25-93; Amended at 14 Ok Reg 2560, eff 7-1-97; Amended at 16 Ok Reg 2237, eff 7-1-99; Amended at 19 Ok Reg 1968, eff 7-1-02

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Amended by Oklahoma Register, Volume 36, Issue 21, July 15, 2019, eff. 7/25/2019