§758. Precautionary safety arrangements
1.
Precautionary safety arrangements.
Installation or performance of precautionary safety arrangements must be performed by the owner or operator of overhead high-voltage lines only after mutually satisfactory arrangements are negotiated between the owner or the operator of the overhead high-voltage lines and the person responsible for the work or activity to be done. The negotiations must proceed promptly and in good faith with the goal of accommodating the work or activity consistent with the owner's or operator's service needs and the intent to protect the public from the danger of contact with overhead high-voltage lines.
[PL 1995, c. 348, §1 (NEW).]
2.
Appropriate for work.
The precautionary safety measures must be appropriate for the work or activity for which the owner or operator of overhead high-voltage lines has received notification. During negotiations, the person responsible for the work or activity may change the notification of intended activities to include different or limited work or activities so as to reduce the precautionary safety measures required to accommodate the work or activities. The precautionary safety measures may not violate the requirements of the National Electrical Safety Code.
[PL 1995, c. 348, §1 (NEW).]
3.
Agreement for payment.
Agreements for payments of the costs of precautionary safety measures are governed by the following provisions.
A.
If the owner or operator of the overhead high-voltage line has standard rates that apply to the provision of precautionary safety arrangements, the owner or operator of the overhead high-voltage line is not required to provide precautionary safety measures until payment has been made by the person requesting the safety measures or an agreement for payment has been reached.
[PL 1995, c. 348, §1 (NEW).]
B.
If the owner or operator of the overhead high-voltage line does not have standard rates, the owner or operator of the overhead high-voltage lines is not required to provide the precautionary safety arrangements until an agreement for payment has been made, except that, if there is a dispute over the amount to be charged by the owner or operator of the overhead high-voltage lines for providing the arrangements, the owner or operator shall commence providing precautionary safety measures as if an agreement had been reached. If an agreement for payment has not been reached within 14 days from the completion of precautionary safety measures, the owner or operator and the person or business entity responsible for the work activities shall resolve the dispute by arbitration or other legal means.
[PL 1995, c. 348, §1 (NEW).]
[PL 1995, c. 348, §1 (NEW).]
4.
Initiate; timely fashion.
Unless otherwise agreed, the owner or operator of the overhead high-voltage lines shall initiate the agreed upon precautionary safety arrangements within 3 working days after the date of agreement for payment, if required, has been reached or within 5 working days of notice that the work activity is being done without an agreement. Once initiated, the owner or operator of the overhead high-voltage lines shall complete the work promptly and without interruption, consistent with the owner's or operator's service needs. If the owner or operator of the overhead high-voltage lines fails to provide the agreed upon precautionary safety arrangements within the period agreed upon, the owner or operator of the overhead high-voltage lines is liable for costs or loss of production of the person or business entity requesting the precautionary safety arrangements in order to work in proximity to overhead high-voltage lines, except that no liability exists during times of emergency, such as storm repair.
[PL 1995, c. 348, §1 (NEW).]
5.
Inclusion.
Precautionary safety arrangements may include:
A.
Placement of temporary mechanical barriers separating and preventing contact between material, equipment or persons and overhead high-voltage lines;
[PL 1995, c. 348, §1 (NEW).]
B.
Temporary de-energization and grounding;
[PL 1995, c. 348, §1 (NEW).]
C.
Temporary relocation or raising of the overhead high-voltage lines; or
[PL 1995, c. 348, §1 (NEW).]
D.
Any other measures that are appropriate in the judgment of the owner or operator of the overhead high-voltage lines.
[PL 1995, c. 348, §1 (NEW).]
[PL 1995, c. 348, §1 (NEW).]
6.
Expense.
The actual expense incurred by an owner or operator of overhead high-voltage lines in taking precautionary measures, including wages of its workers involved in making safety arrangements, must be paid by the person responsible for the work or activity to be done except when:
A.
Prior arrangements for payment are made between a government entity for whom the work is to be done and the owner or operator of the overhead high-voltage line; or
[PL 1995, c. 348, §1 (NEW).]
B.
The owner or operator of the overhead high-voltage line has not installed the overhead high-voltage line in conformance with the applicable edition of the National Electrical Safety Code. If the overhead high-voltage line is not installed in conformance with the applicable edition of the National Electrical Safety Code, the liability of the person responsible for the work or activity is limited to the amount required to accommodate the work or activity minus the amount required to bring the installation into compliance with the National Electrical Safety Code.
[PL 1995, c. 348, §1 (NEW).]
[PL 1995, c. 348, §1 (NEW).]
SECTION HISTORY
PL 1995, c. 348, §1 (NEW).