Section 170IAC4-9-2. Definitions

   The following definitions apply throughout this rule:

(1) "Brush" means vegetation with stems less than six (6) inches diameter at breast height.

(2) "Business days" means days other than:

(A) Saturday;

(B) Sunday; or

(C) a legal holiday observed by the state of Indiana.

(3) "Commission" means the Indiana utility regulatory commission.

(4) "Customer" means the following:

(A) For purposes of notice, "customer" has the meaning set forth in 170 IAC 16-1-2(3) or may include the occupant of the property.

(B) For purposes of the disputes, "customer" has the meaning set forth in 170 IAC 16-1-2(3) but also includes the property owner.

(5) "Emergency or storm event":

(A) means:

(i) a condition dangerous or hazardous to:

(AA) health;

(BB) life;

(CC) physical safety; or

(DD) property;

exists or is imminent;

(ii) an interruption of utility service; or

(iii) the need to immediately repair or clear utility facilities; and

(B) includes:

(i) circumstances that exist that make it impractical or impossible for a utility to comply with the provisions of the rule, including, but not limited to:

(AA) floods;

(BB) ice;

(CC) snow;

(DD) storms;

(EE) tornadoes;

(FF) winds; and

(GG) other acts of God;

(ii) falling trees;

(iii) trees causing outages; and

(iv) trees showing evidence of:

(AA) burning; or

(BB) otherwise having been in direct contact with electric conductors.

(6) "Implied consent" means the property owner or customer has not contacted the utility to deny consent within two (2) weeks after receiving notice that tree trimming will occur.

(7) "In person" means:

(A) person to person delivery of verbal or written notice by an authorized utility representative to a customer; or

(B) hand delivery of a door hanger or similar document accompanied by an attempt by the authorized utility representative to speak with the resident through actions including knocking on the door or ringing the door bell, with delivery documented in writing or computerized entry by the authorized utility representative making the hand delivery.

(8) "Power line compatible vegetation" means a plant that at maturity will not reach a height greater than twelve (12) feet.

(9) "Public safety situation" means the following:

(A) The existence of a vegetation condition that could reasonably be expected to cause imminent physical harm to electrical equipment necessary for the provision of electric service, including the following:

(i) Trees that are unstable to the point of representing a danger to utility equipment, facilities, or personnel in the course of repairs to said equipment or facilities due to disease, damage, or soil erosion. Personnel may include, but is not limited to, safety workers such as fire, police, emergency medical personnel, utility line and repair crews.

(ii) Trees that lean to a degree that they can touch power lines.

(iii) Trees that have burn marks or other indicators that they have previously touched a power line.

(B) A condition in vegetation unrelated to normal growth that would result in contact with power lines or high voltage equipment and cause imminent physical harm to the public if not immediately mitigated.

(10) "Telephone call" means:

(A) Making an attempt to contact the customer via the telephone number the utility has on file and:

(i) making verbal telephone contact; or

(ii) leaving a message on:

(AA) voice mail;

(BB) an answering machine; or

(CC) an answering service;

if available.

(B) If an attempt is unsuccessful in either making verbal telephone contact with the customer or leaving a telephonic message as described in clause (A), a second attempt must be made.

(11) "Utility" means an electrical public utility subject to the jurisdiction of the commission pursuant to the provisions of the Public Service Commission Act, IC 8-1-2, that is financed by the sale of securities and whose business operations are overseen by a board representing their shareholders.

(12) "Vegetation management" means the cutting or removal of vegetation or the prevention of vegetative growth to accomplish one (1) of the following:

(A) The maintenance of safe conditions around utility facilities.

(B) Ensuring reliable electric service.

(C) Preventing hazards caused by the encroachment of vegetation on utility facilities and to provide utility access to facilities.

(13) "Written notice" means notice sent from the utility to the customer in one (1) of the following manners:

(A) By electronic mail.

(B) By U.S. mail or another mail delivery system, including inside utility bills.

(C) By in person delivery of written notice to the customer's premises, including, but not limited to, a door hanger.

(Indiana Utility Regulatory Commission; 170 IAC 4-9-2; filed Sep 27, 2012, 2:09 p.m.: 20121024-IR-170120042FRA; readopted filed Aug 2, 2013, 2:16 p.m.: 20130828-IR-170130227RFA)