Section PSC 113.0512 - Identification of potential power line natural hazards(1) IDENTIFICATION OF POTENTIAL POWER LINE NATURAL HAZARDS. Utilities shall conduct a program of identification of potential power line natural hazards in accordance with training approved by the commission.(2) INSPECTION TO IDENTIFY POTENTIAL POWER LINE NATURAL HAZARDS. (a)Inspection. The utilities shall conduct inspections of its operations, including its transmission and distribution lines and facility rights-of-way, every 3 to 8 years and within 60 days of an order for inspection issued by the commission.(b)Request for inspection. Any person, organization or agency may request the utility to make an inspection for potential power line natural hazards and the commission on its own motion, may order the utility to inspect its transmission and distribution lines and rights-of-way for potential power line natural hazards. The utility shall make such inspection upon a showing that potential power line natural hazards may exist.(3) RESPONSE TO IDENTIFICATION OF POTENTIAL POWER LINE NATURAL HAZARDS. Upon identifying a potential power line natural hazard, the utility shall take action to eliminate the hazard to the power line. The utility shall make a reasonable effort to notify the owner or other individual with authority, to trim or remove the tree of the potential danger and method by which the danger may be minimized or removed. Nothing in this section shall preclude the utility's obligation to immediately remove the hazard, as required by ch. PSC 114.Wis. Admin. Code Public Service Commission PSC 113.0512
CR Register, July, 2000, No. 535, eff. 8-1-00. Section 26.14(9) (b), Stats., subjects a person to liability for the cost of suppressing a forest fire if the forest fire is intentionally or negligently set and allowed to escape. A utility not inspecting its lines or operations to identify, trim or remove hazardous trees consistent with these rules may be found negligent and, therefore, responsible for payment of forest fire suppression costs resulting from a forest fire caused by a tree or branch breaking or damaging a line or equipment. A utility complying with these rules, is not expected to be responsible for costs associated with forest fire suppression under s. 26.14(9) (b), Stats. If a utility complying with this section is not authorized to trim or remove a tree it identifies as hazardous, consistent with the training required by it; a landowner notified of the potential danger or damage that may be caused to the transmission or distribution line or operation, might be found later to have been negligent and responsible for the costs of setting and allowing a forest fire to escape; however, the agency seeking reimbursement for the costs has the burden of proving that the landowner is responsible. The goal of this effort is to reduce the likelihood of outages and forest fires, thereby reducing the likelihood that anyone is responsible for forest fire suppression costs.