§ 61-804 — CLAIM — NOTICE — RESPONSE OF UTILITY

Any dairy producer in this state who claims that its dairy cows are being affected by any form or type of electrical energy allegedly attributable to a utility including, without limitation, stray current or voltage, shall, as a condition precedent to commencing any civil action against the utility, provide written notice thereof to the utility. The notice shall specify why the dairy producer believes its dairy cows are being affected by electrical energy attributable to the utility. Within fourteen (14) days of receipt of such notice, the utility shall take measurements at cow contact points at the dairy producer’s dairy to identify the existence and magnitude of stray current or voltage, if any. If the utility finds a level of stray current or voltage at cow contact points in excess of the preventive action level, the utility shall thereafter promptly identify that portion, if any, of the stray current or voltage that is attributable to the utility’s distribution system. If that portion of the stray current or voltage at cow contact points attributable to the utility’s distribution system exceeds fifty percent (50%) of the preventive action level, the utility shall, within five (5) business days, commence and diligently pursue to completion, remedial procedures which shall reduce, and are reasonably likely to sustain, that portion of the stray current or voltage at cow contact points attributable to the utility’s distribution system to fifty percent (50%) or less of the preventive action level.

Legislative History

[61-804, added 2005, ch. 189, sec. 1, p. 579.]