Section 170IAC4-9-4. Notice requirements for routine vegetation management

   (a) At least two (2) calendar weeks prior to engaging in routine vegetation management, the utility must provide notice to customers and property owners whose vegetation will be subject to the vegetation management except under the following circumstances:

(1) The utility has:

(A) a written easement;

(B) government permit;

(C) contractual agreement; or

(D) court order;

that expressly gives the utility the right to conduct vegetation management activities.

(2) An emergency or storm event occurs.

  (b) A utility must provide notice to a customer in the following manner:

(1) At least one (1) attempt to contact must be:

(A) in person; or

(B) via telephone call.

(2) At least one (1) attempt to contact must include written notice.

  (c) Written and in person notice shall include, at minimum, the following information:

(1) The fact that vegetation management is scheduled to occur.

(2) An explanation of:

(A) what vegetation management is; and

(B) why it is necessary for safe and reliable electric service.

(3) The fact that nonproperty owners living or working on the property who receive the notice are strongly encouraged to notify the property owner as soon as possible that vegetation management is scheduled to occur.

(4) The fact that receipt of this notice by the occupant initiates the two (2) week window for calculating implied consent by the customer.

(5) The estimated date that vegetation management is scheduled to occur.

(6) Contact information, including, at a minimum, a telephone number for an authorized utility representative who is able to answer customer inquiries related to vegetation management.

  (d) Written notice will also include the following:

(1) The heading, "TREE TRIMMING NOTICE".

(2) The date the written notice was hand delivered or mailed.

(3) The website address of the commission's vegetation management administrative rule, this rule.

(4) The commission's website at http://www.in.gov/iurc.

(5) The utility's vegetation management website address.

(6) A reference to an educational resource for planting around electrical facilities, like the Arbor Day Foundation's right tree, right place program and the website address, if available.

(7) A website address and telephone number for customers to obtain the name of the contractor, if used by the utility, that will deliver the in person notice or conduct vegetation management.

(8) A statement that the utility's representative shall carry identification when delivering the in person notice or conducting vegetation management.

  (e) The customer may, within three (3) calendar days of receiving the notice in subsection (a), request the utility provide the estimated day that vegetation management is expected to occur. The utility will then provide the estimated day at least three (3) business days prior to engaging in vegetation management. If the customer requests a more specific time, the supervisor shall endeavor to work with the customer to give a precise time.

  (f) A utility must provide notice to a property owner by publishing notice in at least one (1) newspaper of general circulation in the county in which the property is located. The notice must include the following:

(1) The fact that vegetation management is scheduled to occur.

(2) The area where vegetation management is scheduled to occur by listing at least one (1) of the following:

(A) The street name and block.

(B) The name of the subdivision.

(C) The intersecting roads bounding the area.

(D) The specific address of each property.

(3) The fact that publication of this notice initiates the two (2) week window for calculating implied consent by the property owner.

(4) The estimated date that vegetation management is scheduled to occur.

(5) Contact information, including, at a minimum, a telephone number for an authorized utility representative who is able to answer property owner inquiries related to vegetation management.

  (g) The property owner who receives notice by publication may, within three (3) calendar days of the notice being published as outlined in subsection (f), request the utility provide the estimated day that vegetation management is expected to occur. The utility will then provide the estimated day at least three (3) business days prior to engaging in vegetation management. If the property owner requests a more specific time, the supervisor shall endeavor to work with the property owner to give a precise time. (Indiana Utility Regulatory Commission; 170 IAC 4-9-4; filed Sep 27, 2012, 2:09 p.m.: 20121024-IR-170120042FRA; readopted filed Aug 2, 2013, 2:16 p.m.: 20130828-IR-170130227RFA)