Section 170IAC4-9-9. Dispute resolution process during vegetation management

   (a) Upon request of the customer, the utility shall temporarily stay vegetation management on the customer's premises during the vegetation management only if one (1) of the following occurs or is disputed:

(1) The utility failed to provide the notice required under section 4 of this rule.

(2) The utility is engaging in vegetation management outside the scope of a written or recorded agreement between the customer and the utility.

(3) The utility did not have authority to enter the customer's property.

(4) The utility did not exercise due diligence to secure an easement or right of way document in accordance with section 3(b)(2) [of this rule].

  (b) At least one (1) member of the work crew must have the authority from the utility to discuss and attempt to resolve customer objections and must respond to the customer's inquiry or complaint. If the work crew cannot resolve the customer's objection regarding vegetation management, at least one (1) additional authorized utility representative must attempt to resolve the objection. If the utility is unsuccessful in resolving the objection, the utility shall provide to the customer the information required in 170 IAC 16-1-4(c)(5).

  (c) A utility may proceed with the vegetation management where:

(1) an emergency exists;

(2) the customer has withdrawn the objection or approved conditions under which cutting may resume, either in writing or during a recorded call;

(3) more than seven (7) calendar days have passed since the utility provided the proposed resolution referenced in the complaint process under 170 IAC 16-1-4(c)(5) and the customer failed to file an informal complaint to the commission as required by 170 IAC 16-1-5(a);

(4) the customer failed to take timely action to seek further review of a decision of the commission's consumer affairs division or its director under 170 IAC 16-1-5(d) or 170 IAC 16-1-6(a); or

(5) a final disposition on an informal complaint has been rendered by the commission.

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