Case Background
Rule 25-6.0345,
Florida Administrative Code (F.A.C.), Safety Standards for Construction of New
Transmission and Distribution Facilities, sets forth the current version of the
National Electrical Safety Code (NESC) as the safety standards to be used by
electric utilities when constructing transmission and distribution systems. The rules implement Sections 366.04(2) and
(6), Florida Statutes (F.S.).
Section
366.04(2), F.S., sets forth the Commission’s jurisdiction over electric
utilities to prescribe a uniform classification of accounts, a rate structure,
and to require electric power conservation and reliability through a
coordinated grid. Section 366.04(6), F.S., grants the Commission exclusive
jurisdiction to prescribe and enforce safety standards for transmission and
distribution facilities of all public electric utilities, cooperatives
organized under the Rural Electric Cooperative Law, and electric utilities
owned and operated by municipalities.
Section 366.04(6)(b), F.S., states that in adopting safety standards, the
Commission shall, at a minimum, adopt after review any new edition of the NESC.
Staff initiated
this rulemaking to update Rule 25-6.0345, F.A.C., so that the 2017 edition,
which is the most current edition of the NESC, is incorporated by reference into
the rule. The Commission’s Notice of
Development of Rulemaking was published in the Florida Administrative Register
on December 16, 2016, in Volume 42, No. 243.
There were no requests for a rule development workshop, and no workshops
were held. No comments from interested
parties were received.
This
recommendation addresses whether the Commission should propose the amendment of
Rule 25-6.0345, F.A.C. The Commission has jurisdiction pursuant to Section
120.54, F.S., Section 366.04, F.S., and Section 366.05, F.S.
Discussion
of Issues
Issue 1:
Should the Commission propose the amendment of Rule
25-6.0345, F.A.C.?
Recommendation:
Yes. The
Commission should propose the amendment of Rule 25-6.0345, F.A.C., as set forth
in Attachment A.
Staff Analysis: The NESC was introduced in
1914 as the product of a congressional mandate for the National Bureau of
Standards to investigate the hazards of electrical work, contemporary
engineering theory and generally accepted good industry practices.
The NESC is a consensus standard that has been prepared by the NESC Committee
under procedures approved by the American National Standards Institute.
The NESC sets the ground rules and guidelines for
practical safeguarding of utility workers and the public during the
installation, operation, and maintenance of electric supply, communication
lines and associated equipment, and is revised every five years so that the
code is up-to-date with changes in the industry and technology. Some
of the changes for the 2017 Edition include revising and reorganizing the guy
insulator placement rules, and revising the substation impenetrable fence
requirements. Clearances
of overhead lines from aboveground swimming pools without decks were added to
Rule 234E1. Staff recommends that the Commission should
amend Rule 25-6.0345, F.A.C., to incorporate by reference the 2017 Edition of
the NESC.
Minor Rules Certification
Currently, Rule 25-6.0345, F.A.C., is not on the
Commission’s list of minor violation rules. Pursuant to Section 120.695, F.S., beginning
July 1, 2017, for each rule filed for adoption the agency head shall certify
whether any part of the rule is designated as a rule the violation of which
would be a minor violation. Rule
25-6.0345, F.A.C., is a rule for which a violation would not be a minor
violation because the violation of the rule would result in economic or
physical harm to a person or an adverse effect on the public health, safety, or
welfare or create a significant threat of such harm. Since a violation of Rule 25-6.0345, F.A.C.,
would continue to be a major violation, no statutory certification is required
and no change to the Commission’s current list of minor violation rules
published on the Commission’s website is necessary.
Statement of Estimated Regulatory Costs
Pursuant to Section 120.54, F.S., agencies are encouraged
to prepare a statement of estimated regulatory costs (SERC) before the
adoption, amendment, or repeal of any rule.
The SERC is appended as Attachment B to this recommendation. The SERC analysis also includes whether the
rule amendment is likely to have an adverse impact on growth, private sector
job creation or employment, or private sector investment in excess of $1
million in the aggregate within five years of implementation.
The SERC concludes that the rule amendment will not likely
directly or indirectly increase regulatory costs in excess of $200,000 in the
aggregate in Florida within one year after implementation. Further, the SERC concludes that the rule
amendment will not likely have an adverse impact on economic growth, private
sector job creation or employment, private sector investment, business
competitiveness, productivity, or innovation in excess of $1 million in the aggregate
within five years of implementation. Thus, the rule amendment does not require
legislative ratification pursuant to Section 120.541(3), F.S. In addition, the SERC states that the rule
amendment will not have an adverse impact on small business and will have no
impact on small cities or counties. No
regulatory alternatives were submitted pursuant to paragraph 120.541(1)(a),
F.S. None of the impact/cost criteria
established in paragraph 120.541(2)(a), F.S., will be exceeded as a result of
the recommended revision.
Conclusion
Based on the foregoing, staff recommends the Commission
propose the amendment of Rule 25-6.0345, F.A.C.
Issue 2:
Should this docket be closed?
Recommendation:
Yes. If no requests for hearing or comments are
filed, the rule may be filed with the Department of State, and this docket
should be closed. (Page)
Staff Analysis:
If no requests for hearing or comments are filed,
the rule may be filed with the Department of State, and this docket should be
closed.
25-6.0345 Safety Standards for
Construction of New Transmission and Distribution Facilities.
The Commission adopts and
incorporates by reference the 2012 edition of the 2017 National
Electrical Safety Code (NESC) C2-2017 ANSI C-2 [NESC], as the
applicable safety standards for transmission and distribution facilities
subject to the Commission’s safety jurisdiction. Each investor-owned electric
utility, rural electric cooperative, and municipal electric system shall, at a
minimum, comply with the standards in these provisions. A copy of the NESC C2-2017
may be obtained from the Institute of Electric and Electronic Engineers, Inc.
(IEEE), 3 Park Avenue, New York, NY 10016-5997.
Rulemaking
Authority 350.127(2), 366.05(1) FS. Law Implemented 366.04(2), (6) FS.
History–New 8-13-87, Amended 2-18-90, 11-10-93, 8-17-97, 7-16-02, 2-1-07,
12-16-12, ________.
