Case Background
Rule 25-6.034,
Florida Administrative Code (F.A.C.), Standard of Construction, and Rule
25-6.0345, F.A.C., Safety Standards for Construction of New Transmission and
Distribution Facilities, pertain to safety standards for the construction,
maintenance, and operation of electric transmission and distribution
facilities. In particular, the rules require electric utilities to comply with
the requirements of the National Electrical Safety Code (NESC) when
constructing transmission and distribution systems. The rules implement Sections 366.04(2), (5),
and (6), Florida Statutes (F.S.), and Section 366.05(1), F.S.
Section
366.04(2)(c), F.S., sets forth the Commission’s jurisdiction over electric
utilities 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.
Sections 366.04(6)(b), and 366.05(1)(a), F.S., provide that the
Commission shall, at a minimum, review and adopt any new edition of the NESC as
the applicable safety standard, and that the Commission may adopt construction
standards that exceed the NESC.
Staff initiated
rulemaking to amend Rule 25-6.0345, F.A.C., for the purpose of incorporating by
reference the updated, 2023 edition of the NESC, which is the most recent version.
Staff initiated rulemaking to amend Rule 25-6.034, F.A.C., to clarify that the
reference to the applicable NESC is the same version incorporated by reference
in Rule 25-6.0345, F.A.C.
A Notice of
Development of Rulemaking for these rules was published in the September 16,
2024 edition of the Florida Administrative Register, Volume 50, No. 181. There
were no requests for a rule development workshop, and no workshops were held.
This recommendation addresses whether the Commission should propose the amendment
of Rules 25-6.034 and 25-6.0345, F.A.C. The Commission has jurisdiction
pursuant to Sections 120.54, 366.04, 366.05, and 366.06, F.S.
Discussion
of Issues
Issue 1:
Should the Commission propose the amendment of Rule
25-6.034, F.A.C., Standard of Construction, and Rule 25-6.0345, F.A.C., Safety
Standards for Construction of New Transmission and Distribution Facilities?
Recommendation:
Yes. The Commission should propose the amendment of
Rules 25-6.034 and 25-6.0345, F.A.C., as set forth in Attachment A. The
Commission should also certify that the rules are not rules the violation of
which would be a minor violation, pursuant to Section 120.695, F.S. (Brown,
Rubottom)
Staff Analysis:
The Legislature granted the Commission power over
electric utilities to prescribe and enforce safety standards for transmission
and distribution facilities of all electric utilities, including investor-owned
utilities, rural electric cooperatives, and municipally owned utilities.
Pursuant to these provisions, the Legislature requires the Commission to, at a
minimum, review and adopt new editions of the NESC “for the protection of the
public” and “for purposes of ensuring the reliable provision of service, and
service rules and regulations to be observed by each utility.”
The NESC is published by the Institute of Electrical and
Electronic Engineers, Inc. (IEEE), and “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.”
The NESC is updated every five years to reflect changes in the industry and
technology.
Pursuant to Florida law, the Commission adopts the NESC as
the governing safety standard for regulated electric utilities in Rule
25-6.0345, F.A.C., Safety Standards for Construction of New Transmission and
Distribution Facilities. The Commission last amended the rule in 2017, adopting
the then-current edition of the NESC. A new edition was published by the IEEE
in 2023. Staff has reviewed the updated NESC and believes it constitutes
“acceptable and adequate requirements for the protection of the safety of the
public.” Updates
for the 2023 Edition include new rules for photovoltaic (PV) generating
stations as well as revisions to better present vertical and horizontal wind
clearances and to provide correction factors for clearances on higher
elevations. Staff therefore recommends that the Commission propose the
amendment of Rule 25-6.0345, F.A.C., as set forth in Attachment A to
incorporate by reference into the rule the updated, 2023 edition of the NESC.
Rule 25-6.034, F.A.C., Standard of Construction, requires
electric utilities to comply with the NESC in order to promote “continuity of
service and uniformity in the quality of service furnished.” That rule refers
to the NESC incorporated by reference in Rule 25-6.0345, F.A.C. The purpose of
staff’s recommended amendments is to clarify the reference to Rule 25-6.0345,
F.A.C., to ensure that the same edition of the NESC governs in both rules and
for all utility facilities. Paragraphs (2)(a) and (b) were eliminated since
“new” construction is already addressed in the revised rule, and the question
of which NESC edition applies to existing facilities is discussed in subsection
013.B of the NESC. Staff therefore recommends that the Commission propose the amendment
of Rule 25-6.034, F.A.C., as set forth in Attachment A.
Minor Violation Rules Certification
Pursuant to Section 120.695, F.S., 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.
Rules 25-6.034 and 25-6.0345, F.A.C., are not on the Commission’s minor
violation rule list because violation of the rules would result in physical
harm to a person; adverse effects on the public health, safety, or welfare; or
would create a significant threat of such harm. Thus, if the Commission
proposes the amendment of the rules, staff recommends that the Commission
certify that each rule is not a rule the violation of which would be a minor
violation pursuant to Section 120.695, F.S.
Statements of Estimated Regulatory Cost
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.
Agencies are required to prepare a SERC for any rule that will have an
adverse impact on small business or that is likely to directly or indirectly
increase regulatory costs in excess of $200,000 in the aggregate within one
year after implementation. The SERC
analysis includes whether the rule will, within five years of implementation,
have an adverse impact in excess of $1 million in the aggregate on economic
factors such as economic growth, private sector job creation or employment,
private sector investments, or business competitiveness, productivity, or
innovation. If expected adverse impacts
or regulatory costs exceed any of the above criteria, a proposed rule may not
take effect until it is ratified by the Legislature.
SERCs were prepared for each rule and are appended hereto
as Attachment B. Each SERC concludes that the rule will not have an adverse
impact on small business and that the rules are not likely to directly or
indirectly increase regulatory costs in excess of $200,000 in the aggregate
within one year after implementation. Further, the SERCs conclude that the
rules will not likely have an adverse impact on economic growth, private sector
job creation or employment, private sector investment, or business
competitiveness, productivity, or innovation in excess of $1 million in the
aggregate within five years of implementation. None of the adverse impact or
regulatory cost criteria set forth in Section 120.541(2)(a), F.S., will be
exceeded as a result of the recommended amendments to the rules. Thus, the rules
do not require legislative ratification pursuant to Section 120.541(3), F.S. In
addition, the SERCs state that the rules will have no impact on small cities or
counties and will not increase the cost to the Commission to implement and
enforce the rule. No regulatory alternatives have been submitted pursuant to
Section 120.541(1)(a), F.S.
Conclusion
Based on the foregoing, staff recommends the Commission should
propose the amendment of Rules 25-6.034 and 25-6.0345, F.A.C., as set forth in
Attachment A. The Commission should also certify that each rule is not a rule
the violation of which would be a minor violation pursuant to Section 120.695,
F.S.
Issue 2:
Should this docket be closed?
Recommendation:
Yes. If no requests for hearing or JAPC comments are
filed, and no proposal for a lower cost regulatory alternative is submitted,
the rules may be filed with the Department of State for adoption, and the
docket should be closed. (Rubottom)
Staff Analysis:
If no requests for hearing or JAPC comments are
filed, and no proposal for a lower cost regulatory alternative is submitted
pursuant to Section 120.541(1)(a), F.S., the rules may be filed with the
Department of State for adoption, and the docket should be closed.
25-6.034 Standard of Construction.
(1) The facilities of
each utility shall be constructed, installed, maintained and operated in
accordance with generally accepted engineering practices to assure, as far as
is reasonably possible, continuity of service and uniformity in the quality of
service furnished.
(2) For new
construction, eEach utility shall, at a minimum, comply with the
National Electrical Safety Code (NESC) [ANSI C-2] [NESC],
incorporated by reference in Rule 25-6.0345, F.A.C.
(a) For facilities constructed on or
after February 1, 2007, the 2007 NESC shall apply. A copy of the 2007 NESC,
ISBN number 0-7381-4893-8, may be obtained from the Institute of Electric and
Electronic Engineers, Inc. (IEEE), 3 Park Avenue, New York, NY, 10016-5997.
(b) Facilities constructed prior
to February 1, 2007, shall be governed
by the edition of the NESC specified by subsections 013.B.1, 013.B.2, and
013.B.3 of the 2007 NESC, incorporated by reference in Rule 25-6.0345, F.A.C.
Rulemaking Authority
350.127(2), 366.05(1) FS. Law Implemented 366.04(2)(c), (f), (5), 366.05(1) FS.
History–New 7-29-69, Amended 12-20-82, Formerly 25-6.34, Amended 2-1-07, .
25-6.0345 Safety Standards for
Construction of New Transmission and Distribution Facilities.
The safety standards prescribed by the Commission
adopts and incorporates by reference the 2023 2017 National
Electrical Safety Code (NESC) C2-2023 C2-2017, is adopted and
incorporated by reference into this rule 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. The 2023 2017 National Electrical Safety Code
(NESC) C2-2023 C2-2017 is copyrighted and may be inspected and
examined at no cost at the Florida Public Service Commission, 2540 Shumard Oak
Boulevard, Tallahassee, Florida 32399-0850. A copy of the NESC C2-2023 C2-2017
may also 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, 7-27-17, .
