§ 39-2-25. Contact voltage, detection, repair, and reporting.
(a) As used in this section, "contact voltage� means and/or refers to a voltage resulting
from abnormal power system conditions that may be present between two (2) conductive
surfaces that can be simultaneously contacted by members of the general public and/or
their animals. Contact voltage is caused by power system fault current as it flows
through the impedance of available fault current pathways. Faults contributing to
contact voltage may be due to electric system deterioration or damage or improper
installation. Contact voltage is of greatest concern in areas where underground electric-distribution
systems exist, as faults on those systems may remain active for long periods of time
before detection and repair, and therefore contact voltage is a potential shock hazard.
(b) Notwithstanding any general or public law, rule, regulation, or order to the contrary,
the Rhode Island public utilities commission and the Rhode Island division of utilities
and carriers shall initiate a proceeding within forty-five (45) days of the effective
date of this section, to establish, after notice and provision of the opportunity
for comment and public hearing, a contact voltage detection and repair program. The
program shall require electric distribution companies to implement appropriate procedures
to detect contact voltage on publicly accessible surfaces that could become energized
by contact voltage due to faults in the underground distribution system. The program
shall also recognize the potential for publicly accessible objects such as sidewalks,
roadways, fences, storm drains, or other metallic gratings to become energized by
faults to the underground distribution system. The program shall require every electric
distribution company to adhere to appropriate procedures established by the commission
to:
(1) Designate contact voltage risk areas. The boundaries of such areas shall be approved by the commission and shall be based
on the presence of underground electric distribution and situated in pedestrian-dense
areas such as urban neighborhoods, commercial areas, central business districts, tourist
heavy locations, and other places where pedestrians could be exposed to contact voltage;
(2) By June 30, 2013, conduct an initial survey of no less than forty percent (40%) of
designated contact voltage risk areas, for contact voltage hazards on all conductive
surfaces in public rights-of-way using equipment and technology as determined by the
commission;
(3) Beginning July 1, 2013, annually survey no less than twenty percent (20%) of designated
contact voltage risk areas, for contact voltage hazards on all conductive surfaces
in public rights-of-way using equipment and technology as determined by the commission;
(4) Repair power system faults of the electric distribution company's underground distribution
system, that result in contact voltage appearing on publicly accessible surfaces of
a level to be determined by the division of public utilities and carriers;
(5) If during a survey for contact voltage hazards on conductive surfaces in public rights-of-way,
an energized surface is identified and the proximate cause is found not to be a utility
company asset, then the utility company has no legal duty; however, the company may:
clearly designate the area as a contact voltage hazard, and/or notify the account
owner or owner of the asset causing the contact voltage hazard, and inform the owner
of his or her obligation to perform all necessary repairs consistent with the terms
contained in this section;
(6) Annually report on contact voltage findings, including, but not limited to, the number
and type of energized objects on both company-owned and customer-owned assets; voltage
level; corrective action taken; shocks that occur to members of the public or to pets
owned by members of the public; and any other information that the commission deems
appropriate.
(c) The commission shall require, as part of the program established pursuant to subsection
(b), that electric distribution companies maintain records of the testing and subsequent
maintenance or repairs performed by the electric distribution companies, and submit
copies of the records to the commission, which shall make the records available for
public inspection. The costs of this program shall be fully recovered by the utility
company annually through a fully reconciling funding mechanism to be submitted annually
to the commission for review and approval.
(d) The commission shall review and determine which equipment and technology shall be
used for the surveying of contact voltage consistent with subsections (b)(2) and (b)(3).
Such a review may include, but not be limited to, the use of mobile testing technology.
(e) Any electric distribution company that fails to comply with the requirements of the
program established pursuant to subsection (b) shall be subject to a penalty to be
determined by the commission and in compliance with this title.
(f) As used in this section, "electric distribution company� means a company as defined
in § 39-1-2(a)(12), but not including the Block Island Power Company or the Pascoag Utility District.
(g) The commission shall, within one hundred twenty (120) days of the effective date of
this section, conclude the proceeding initiated pursuant to subsection (b). Within
these one hundred twenty (120) days, the commission shall also issue an order establishing
the contact voltage detection and repair program. Within one year after the issuance
of the order establishing the program, and during each subsequent one-year period
following the date of issuance of that order, the commission shall provide the legislature
with a report on the effectiveness of the program, and any recommendations for any
changes thereto, including whether to require the Block Island Power Company or the
Pascoag Utility District to develop and participate in a contact voltage detection
and repair program.