COMMONWEALTH OF KENTUCKY
BEFORE THE PUBLIC SERVICE COMMISSION
In the Matter of:
AMERICAN ELECTRIC POWER )))) CASE NO. 96-510
ALLEGED VIOLATION OF COMMISSION )REGULATIONS 807 KAR 5:006 AND 807 KAR 5:041 )
)
ORDER
American Electric Power ("AEP") is an investor-owned corporation doing business
in Kentucky which engages in the generation, production, transmission, and distribution
of electricity to or for the public, for compensation, for lights, heat, power, or other uses.
It is a utility subject to Commission jurisdiction. KRS 278.010.
KRS 278.280(2) directs the Commission to prescribe rules and regulations for the
performance of services by utilities. Pursuant to this statutory directive, the Commission
promulgated 807 KAR 5:041, Section 3, which requires electric utilities to maintain their
plant and facilities in accordance with the standards of the National Electrical Safety
Code (1990 Edition) ("NESC"). The Commission has also promulgated 807 KAR 5:006,
Section 25(3), which requires each utility to keep appropriate inspection records. Such
records should identify the inspection made, deficiencies found, and action taken to
correct the deficiencies. The Commission likewise has promulgated 807 KAR 5:006,
Section 25(4)(d), which requires each utility to inspect electric lines operating at voltages
of less than 69 KV, including insulators, conductors, and supporting facilities, at intervals
not to exceed two years.
Commission Staff has submitted to the Commission a Utility Accident Investigation
Report dated September 24, 1996, appended hereto, which alleges:
On July 5, 1996, due to the fact that a mimosa tree had grown into a 34.5
KV three phase line near the residence of Nora Morris in Leslie County, Kentucky, an
outside phase conductor burned in two and fell on Ms. Morris'hain link fence and
house. The house was damaged as a result of the contact. Although the elderly Ms.
Morris was home at the time of the incident, she was not injured.
2. AEP's failure to trim or remove the tree represents an apparent violation
of NESC Rule 218 A.1.,'nd thus an apparent violation of 807 KAR 5:041, Section 3,
which requires AEP to maintain its plant and facilities in accordance with NESC
standards.
3. AEP has no record of any inspection of the line prior to the incident. This
lack of inspection records represents an apparent violation of 807 KAR 5:006, Section
25(3), which requires AEP to keep appropriate inspection records.
NESC 218 A.1: Trees which may interfere with ungrounded supply conductorsshould be trimmed or removed.
NOTE: Normal tree growth, the combined movement of trees andconductors under adverse weather conditions, voltage, and saggingof conductors at elevated temperatures are among the factors to beconsidered in determining the extent of trimming required.
4. As AEP has no inspection records there is no evidence that the line in
question had been inspected within the last two years as required.'his failure to
inspect at intervals not to exceed two years represents an apparent violation of 807 KAR
5:006, Section 25(4)(d), which requires AEP to conduct such inspections.
Based on its review of the Utility Accident Investigation Report, and being
other wise sufficiently advised, the Commission finds that @rima facie evidence exists that
as a result of AEP's failure to inspect the line and maintain it in compliance with NESC
Rule 218 A.1.,AEP is in probable violation of 807 KAR 5:041,Section 3, 807 KAR 5:006,
Section 25(3), and 807 KAR 5:006, Section 25(4)(d).
The Commission, on its own motion, HEREBY ORDERS that:
1. AEP shall submit to the Commission, within 20 days of the date of this
Order, a written response to the allegations contained in the Utility Accident Investigation
Report and this Order.
2. AEP shall appear before the Commission on January 7, 1997, at 10:00
a.m., Eastern Standard Time, in Hearing Room 2 of the Commission's offices at 677
Comanche Trail, Frankfort, Kentucky, for the purpose of presenting evidence concerning
the alleged violations of 807 KAR 5:006, Section 25(3), 807 KAR 5:006, Section 25(4)(d),
and 807 KAR 5:041, Section 3, and of showing cause why it should not be subject to the
penalties prescribed in KRS 278.990(1)for its alleged failure to comply with Commission
regulations.
The fact that the mimosa tree that had grown into the line had been dead "forsome time," as indicated in AEP's accident report, makes it unlikely that the linehad been inspected recently.
3. The Utility Accident Investigation Report of September 24, 1996, a copy of
which is appended hereto, is hereby made a part of the record of this proceeding.
4. Any motion requesting an informal conference with Commission Staff to
consider any matter which would aid in the handling or disposition of this proceeding
shall be filed with the Commission no later than 20 days from the date of this Order.
Done at Frankfort, Kentucky, this 11th day of November, 1996.
PUBLIC SERVICE COMMISSION
Vice Chairman~a:~Commis&ner
ATTEST:
Executive Director
APPENDIX
AN APPENDIX TO AN ORDER OF THE PUBL'IC SERVICE CONMISSION
IN CASE NO. 96-51O DATED NOVEMBER ll, 1996September 24, 1996 Page 1
UTILITY ACCIDENTINVESTIGATION REPORT
Utility:
Reported By:
Dates 4 Times
AccidentOccurred:
UtilityNotified:
American Electric Power - Hazard Division
John Campbell - Dispatcher
07/05/96 - 12:58 p.m.
07/05/96 - 1:45 p.m.
PSC Notified: 07/05/96 - 3:18p.m.
Investigated: 07/09/96 —2:00 p.m.
WrittenReport Rcvd:
Location ofAccident:
Description ofAccident:
Victims:
07/09/96
Nora Morris (home), HC 61, Box 2240, Hyden, Kentucky 41749
A Mimosa tree had grown into a 34.5 KV three phase line near NoraMorris'esidence
on Hurricane Creek in Leslie County. The road phase burned down as aresult of a tree contacting the line. When the line fell, it contacted the Morris'hainlink fence and house. The house sustained some damage due to the contact. Theamount of damage was unknown at the time of this investigation.
Name: Nora Morris Fatal: N/A Age: 82
Addr./Empl.: HC61, Box 2240, Hyden, Kentucky
Injuries:
Witnesses:
Sources ofInformation:
None
Name
None
Name
Nora Morris
Michael 6. Lasslo
Address/Employment
Address/Employment
HC 61, Box 2240, Hyden, Kentucky
AEP - Hazard Division, Hazard, Kentucky
Probable Violations:807 KAR 5:041, Section 3, 1990NESC, Section 20, Sub Paragraph 218A.1, TreeTrimming807 KAR 5:006, Section 25(3)807 KAR 5:006, Section 25(4)(d)
September 24, 1996
Line C)earances AtPoint of Accident: Measured
MinimumAllowed by
NESC
Applicable NESCEdition'age2
Constr.Volt.Date
PhaseConductor toGroundElevation:
35l 511 14'- 6" 1990 34.5KV 1970
NeutralConductor toGroundElevation:
23 l 0ll 91 6 ll 1990 N/A 1970
Cable TVConductor toGroundElevation:
18'- 0" 91 6ll 1990 N/A
Date ofMeasurement: 07/05/96
Approximate Temp.:85'easurementsMade Michael G. Lasslo, Sam Whitaker, Calvin Williams, Robert Pigman, Jeff Combs,
By: Phillip Hicks and Jamie Rose - AEP - Hazard Division employees
Investigated By: ~~oh W.+and
Signed:
Attachments A. AEP's Accident ReportB. Photographs of Accident Site
Current edition adopted by the Commission. lf clearances are not in compliance with the current edition, then the edition in effectwhen the facilities were last constructed or modified would apply.
Accident investigation ReportAmerican Electric PowerMs. Nota Morris
P. S. C.ACCIDENT hHQ TROUBLE REPagg PO~
TQDA'L'S DATE
COMPANY
PERSON REPQRTIM INCIDENT: Nba:
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Attachment AAEP's Accident Report
Accident Investigation ReportAmerican Electric PowerMs. Nore Morris
Anserican Elect Power
FAX Transmission
From: Michael G. LassloTo; Crawford 8 Co.Company:
Date: July S, 1996Time: OS:45AMFAX ¹: 439-0157
information for Nora Morris damage claim.
Six pages including this page.
VOICE: 606-436-1340 FAX: 606-436-1343
1400 East Main Street, Hazard, Kentucky 41701
Date: July 5, 1996
Subject: Investigation of Property Damage at Nora Morris Residence
Investigation conducted by Michael G. Lasslo
Other employees at the scene: Sam Whitaker (Line Crew Supervisor), Calvin Williams (LineMechanic A), Robert Pigman (Line Mechanic A), Jeff Combs (Line Crew Supervisor), PhillipHIcks (Line Mechanic A}, Jamie Rose (Senior Technician),
At 12:58PM on July 5, 1996 a power outage occurred on Hurricane Creek in Leslie County. Theoutage resulted from a mimosa tree that had grown up into a 34.5kV three phase power line thatfeeds down Hurricane Creek (the mimosa tree had been dead for some time). The tree contactcaused an outside phase conductor (01/0 alum) to burn in two. The conductor then fell on a chainlink fence and a house owned by Nora Morris. The resulting fault current caused some electricalarcing on the outside of the house which created some smoke and the Wooton Volunteer FireDepartment was called by neighbors to respond.
Rob Gibson was the first employee to investigate the cause of the outage. When he found thedamages to the Nora Morris residence, he called John Paul Campbell (Dispatcher) to report, JohnPaul Campbell then called me at home at 1:45PM to investigate due to the property damagesinvolved. The other line mechanics and supervisors were sent to help repair the line. Thetechnician was sent to make a sketch of the scene and to measure coriductor clearances.
I arrived at the scene at 2:25PM. The fire department personnel had already left the scene. Itappeared that the conductor had fell on a chain link fence near the rear of the house. The rearcorner of the house was under the three phase line. (See sketch.) The line had adequateclearance over the structure. The neutral had line to ground clearance of 23ft and the centerphase had line to ground clearance of 35.5ft. The Morris residence is a small single story frameconstructed house with a basement. The line had been removed form the fence by Rob Gibson toallow safe access by the fire fighters. The fence is in physical contact with the house. The faultcurrent appeared to have traveled through the metal downspouts and gutters around the perimeterof the house. There were black marks and holes through the guttering at several locations. (Seephotos). There was evidence of arcing from the gutting to the metal conduit at the serviceentrance location. There was evidence of arcing at the outside service disconriect for thecustomer's heat pump.'here were several holes that had been melted through the vinyl sidingthat covers the house. Witnesses also reported that a window pane from an attic window hadbeen blown out. (The condition of the glazing on the window was so poor the window pane mayhave fell our before the incident.) There was evidence of arcing on the chain link fence. (Theneighbors said that the customer's metal gate had been welded shut by the incident. Fire fightersknocked the gate loose with a piece of wood.) We removed the cover to the customer's mainswitchbox which is located in the basement of the house. We found no damage or indication ofelectrical arcing. We also inspected the inside of the meter base which is located on the outside
of the house. We found no indication of arcing to the service entrance conductors themselves
although there was evidence of arcing at the mounting screws for the meter base.
Nora Morris is an 82 year old woman who lives by herself. She was home at the time of the
incident, but was not at the scene when I arrived. I spoke with two neighbors, Patsy Bowling andBrenda Shephard. The explained that Ms. Morris is not in good health and a home health nursewas scheduled to check on her at her house near the time of the outage. The nurse consulted withher doctor who told the nurse to transport Ms. Morris to the doctor for a better checkup becauseof the excitement of the events. (When the conductor fell, the neighbors heard three loud"booms", then when they saw smoke they called the fire department and Ms, Morris wasevacuated from her house.)
I told the neighbors that the power would be restored to Hurricane Creek after repairs were madeto the power line: however, power would not be restored to the Morris residence until thestructure's internal wiring was thoroughly inspected. I referred the neighbor to the closest StateElectrical Inspector a Mr. Morton Gibson.
When Ms. Shepherd called the doctor's office to check on Ms. Morris and to find out what Ms.Morris wanted to do, she learned that Ms. Morris was to be admitted to the hospital forobservation due to high blood pressure. (She was to be admitted to either Mary BreckinridgeHospital in Hyden or the Appalachian Regional Medical Center in Hazard.)
Ms. Bowling told me that Ms. Morris had insurance on her house. She indirectly asked me of the.power company's responsibilities., I told her that I was there to perform the initial. investigationand that the matter would then be referred to our consultant, Crawford 4, Co.
The company crews cut the mimosa tree that caused the outage and also trimmed an apple treeand a chestnut tree that were grown into the line within the same span of wire. The line was
repaired and the power was restored to Hurricane Creek at 5:00PM.
Nora Morris
Patsy Bowling
Phone No.
Phone No.
Addendum: On Saturday, July 6, 1996,American Electric Power hired an electrician {DarrylPennington of Appalachian Re&igeration) to check the electrical wiring and appliances within theresidence after elctric service was reconnected to the house. No damage was found. It appearsthat all the damage to the structure was located outside of the house. Ms. Morris was home at thetime of the inspection. As it turns out she refused to be admitted to the hospital and spent Fridaynight at home without electric service. Our dispatcher John Campbell gave Crawford 8~, Co.'s .
number to Ms. Morris.
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Public Service CommissionDivision of Engineering ServicesElectrical SectionP. 0, Box 615Frankfort, Ky 40602
Date:~/08/9~
RE: iVlajor Outage
Gentlemen:
Following are details related to a major loss of service to our customers as reported
to Pg EL-Rov&iH~ by phone 0 7/OX/9SIPSC Representative) {Date reported to PSC)
Circuit: JA tt ErrrStation:~LB'i CVVeather: g i(,"W y - gA of
isolating Device: Q L g, t "l ~~ b gM PoleA',
of Phases involved: 1 Cause: t <c:< Ca~a c.Tfliajor customers 5 areas affected: L~ F co ( < ~ L
( R.Ci( C LES't & Ca u~T s3Sensitive customers involved: 4/A
Voltage: +9 5Customers affected: +/
if line device. j/2.-j 3'9
T) e~ru /gggiLt (AD C
" Damage or injury to public: &LE 8 I f'a old~
I in,c ofi: I %53Time on: f '700'
Time on:JU8'ime
on:
Time reps; ted to KPC: l >5/~ Customers restored: l VG> Customers restored:0 Customers restored:
'Tinge reported .::PSC: |53~Duration: Hrs.. 9 Min. d '7
Duration: Hrs. W9 -Min. 'F5Duration: Hrs. rtn;<
Add',tional Cornment+~&e<t~t;e.> ~ l.-i~7. p~ ~ r.Pwca~ A~ L~r r--~ < rcic;I PI /
SQf vie
Prepared by: 7 ( A ~y ge LL Reviewed by:
Complete Form KY 373 for property damage or injury.
Reportable to PSC if 500 or more customers affected for over 4- hours.
c: Division ManagerDivision Human Resources SupervisorDivision T&D Line SupervisorDivision SuperintendentGO TKD Manager Ashland'GO Human Resources Labor Relations 5. Safety ManagerVice President pscoutag.rpt
KY-373REV. 4/9 1
INJUREDPERSON:
KENTUCKY POWER COMPANYACCIDENT S~~Y REPORT
NAME
hl n Zr .l uR.'f Xevu Lu0ADDRESS
'AGEI
I
PHONEHOME
,'BUS:
TIME &
PLACEPERSONALINJURY
OCCUPATION
DATE & TIME OF LOSS OR ACCIDENTC 765 0t. l?:53.'Zd AM C~R
NATURE & EXTENT OF INJURY
IEMPLOYED BYII
LOCATION (AC> " P) i D', ~~~ AueRirnn c CPM~, /-/ada ~ j+
PROPERTYDAYDGE
WITNESSES:
IT IS IM-PORTANT TO',GIVE FULLNAME
ADDRESSOP EVERYkITN SS
WHERE WAS INJURED TAKEN APTER ACCIDENT ',NAME OP DOCTORII
OWNER ',PHONE NUMBERS:f4s NOR 6 YIPRR.lS ~HOME: FoOQ 2.7g l(0//
Ac Gi P X 2290 H~~~LIST DAMAGE ',ESTIMATED COST:
sara d
Scruff
i E1 \/ia ~L sr aims w (» MT'f'6<i+~ h $ 5t g pygy tv5'~P 4 CI' C 8 4C<A'~C~P
~~<pgcF~pw gy Sgg~ ZpA'pNegcrg,,OBTAIN THE NAMES AND ADDRESSES OP DISINTERESTED WITNESSES WHO KNOW
ANYTHING ABOUT THE OCCURRENCE INCLUDING DATE, BADGE NO. OR NAME OPPOLICE AUTHORITY TO WHOM THE ACCIDENT WAS REPORTEDNAME 'PHONE NUMBERS:
,'HOME"ADDRESS IBUS:
II
NAME ,'PHONE NUMBERS-'HOME"
ADDRESS 'BUS(
NAME 'PHONE MJYJ3ERS:!HOME:'BUS.ADDRESS
DESCRIP-TION OFACCIDENT:
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oat'o R-ocF i cp op A s +~n.r i~ g~~s:E. Su s'pcci fvg7 Pg5;gad. ve
D~" >G < C.LI ~ Vu 86 fusion ovc-~ to Cfl.i~~ci 4 c'c Aa 1 c 5~~TC m W .IT IS IMPORTANT THAT ANY ARTICLE, PART OR APPLIANCE CAUSING THEOCCURRENCE BE CAREFULLY PRESERVED. ATTACH SKETCH IF APPROPRIATEDATE ',SIGNATURE
HC 61 BX 2240H YDEN KY
———————-NO REMARKS ——————— BASE AMOUNT.00 . .00.00 1.99
CARRIER H061COMM CD 02TXDST 215900SICSSNOTELE
<CC'l HCTj VE DtJL; 11/1~NAJ4E MORRIS NORA LEE AADADDR HURRICANE CREEK RRDCITY HYDEN KY 41749 ACTIVITYMETR 00006 6 62034297 DATE: 07/06/96 TIME: 09:04DA.TA M ISCEL~~OUS DATA PAGE 01————————-MAIL TO DATA- ———————— —————-NO THIRD PARTY DATA- ———— BILL DEM
CON BILLCONT CAP41749 —9702 CONT DATECRMTRAMT 66 20
TAX CL MULT DSH CODE 2311ST 8 0.0000 EMP CD2ND 0 0 0300 EXT DUE DT
FUEL 1.25—————-NO EPP DATA- —————FUEL RT .0009343SPL ADDSPL HANDLE 00SPL MINTOD MO CNTR
ACCT ACTIVENAME MORRIS NORA LEEADDR HURRI CANE CREEKCITY HYDEN KY 41749METR 00006 6 62034297MTRI PAGE 02
POLE DATAI CHANGED DATEK1K2K3ENTER TRAN
ID NUMBERS1 330412000274T1 330412000274
CODE OR PAGING REQUEST MTRI
DUE 11/17 020 022 RS EL HT WTR HTRAAD ON 091481RRDACTIVITYDATE: 07/06/96 TIME: 09:22
METER INFORMATIONCHANGE METER DATA
PREV OUT OUT MTR USE ON CHANGEREAD ~ CONSTANT OUT MTR DEMAND
DAS DISTRIBUTION CIRCUIT BREAKER OPERATION REPORT — HAZARD
Operations from 07-05 12:44:35 thru 07-05 12:54:37 DST
Date/Time Station Device Sym Status Circuit
07-05 12:53:2007-05 12:53:2007-05 12:53:2807-05 12:54.'0907-05 12:54:0907-05 12:54:17
LESLIE 34LESLIE 34LESLIE 34LESLIE 34LESLIE 34LESLIE 34
KV OCBKV OCBKV QCBKV OCBKV OCBKV OCB
EEEE
E
CLOSED HYDENOPEN HYDEN
CLOSED HYDEN
CLOSED HYDENOPEN HYDENCLOSED HYDEN
Last Report: 07-03 15:12:37
JUL 5 'SB 11:28 AP System Operation PAGE.881
0705961339 h -s, permit issued to robert pigman, who is responsible for all necessarytagging, isolating, testing and grounding of faulted ocr 412-134 leslie-hyden34.5 kv circuit. robert reported one phase down and lying on rooftop of house
- with extensive damage done. says window blown out of house and that a supervisoris needed to investigate. mike lasslo, t R d superintendent, on vacation andtacted at home, responded.1405 hrs, robert reported the ocr to be isolated and that 02al is only materia]required to put line back in service.1510 hrs, robert reported 2nd pole from ocr, 412-274, was pole at fault.1512 hrs, mike lasslo reported that he did not feel that $ 25,000 damage had oc-curred k mike reported that the fuse box did not appear to have been damaged andthat the service had been disconnected for safety and would have to be inspectedfor safety (customer not at home).1518 hrs, psc office contacted and at 1518 hrs, secretary reported that contactpeople were on break and would return in 15 minutes.1534 hrs, mr El-Rouaiheb returned call and was informed of the above incident.
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REPORT NO : OSPOFD08OFFICE CD: 03016OFFICE DECODE« HAZARD
AMERICAN ELECTRIC POWER SYSTEMPSP/OPS JOB REQUEST
KENTUCKY POWER COMPANY
DATE:TIME:PAGE:
07/06/9612.08.251
DEPARTMENT RELEASED TO LINE
STATUS PENDING, APPROVEDAREA OFFICE SECTION
PHASEJOB REQUEST
OF
SERVICE/JOB NAME AEP RECONNECT SERVICE
WORK GROUPREQUESTED BY
DESIGNER
ORDER NUMBER 038136321TYPE IW08 INT WORK — RELOCATIONSPRIORITY CODE
RECEIVED / /RQST/READY DATE 07/06/96SCHEDULED COMPLETE / /
ORDER DESCRIPTION 1200 HRS~ DARRELL PENNINGTON ~ ELECTRICIANS REPORTS HE HAS TALKTO MORTON GIBSON, STATE INSPECTOR, AND THAT NO INSPECTION REQU
SCHEDULING ZONELOC DESCRIPTION
WORK ORDER NUMBER 050 —0000 OH
CLOCK HOURS CREW SIZE EQUIPMENT ID
OUTAGE REQUIRED?ASSIGNED TO
REMARKS:D. SAM WHITAKER TO RESPOND AND RECONNECT SERVICE WHEN DARRELL REPORTS ALL CIRUITS AND APPLICANCES SAFE WITHIN HOUSE.
MORE REMARKS? N
FORM NO. QSPRFD15PROGRAM NO. OSPOFD02REPRINT N
AMERICAN ELECTRIC POWER SYSTEM ORDER NO:030852295KENTUCKY POWER COMPANY DATE- 07/06/96
ORDER PROCESSING SYSTEM TIME - 11.38.36INTERNAL WORK CONSTRUCTION FIELD DPAGE 1 OF
TYPE INT WORK — RIGHT OF WAY CLR
CO 03 DIVISION 03 AREA 016 SUB
STATUS: PA DESC: PENDING, ACTIVEORIGINATED BY CAMP BEJ PHONE PLANNED OUTAGE
JOB NAME AEP REMOVE DEBRISWQRK LOCATION DOWN HURRICANE CREEKSERV: HURRICANE CRKADDR HYDEN ~ KY
PROPERTY LOCATION NUMBER 330412000274RQST/READY DATE 07/06/96
DESC: REFER TDIR 079 BRUSH PILED UP AT CUSTOMERS CHAIN LINK FENCE. NEEDS TO BE REMOVED. THIS IS WHERE LINE FELL ONTO HOUSE ROOF TOP.
REPS: DESIGNER LINE
ENGINEERING INFO:WO NUMBER: 050 0000EST HRS JOB SITEEST COST CONSTR
WO TYPE: OH CI NO: 50050 PRIORITY 02TOTAL LABOR
TOTAL
ZONE TRUCK/SITE
CONSTRUCTION INFO
SCHEDULE START DATE / /ACTUAL START DATE / /ACTUAL CQMPL DATE / / COMPLETED BY
REMARKS:
MORE REMARKS? N
OUTSTANDING REQUIREMENTS:ENGR — CUST TO TREE WORK
MORE REQUIREMENTS? N
07 '10 '96 16:13 F.'iX 1606436]343 LOTH.-". I R CTR RE L
Facsimile Cover Sheet
American Electric PowerKentucky Power Company608 High StreetHazard, KY 41701Voice:; P CO g ig )/13FAX: 606-436- '/g'75
Da-.e: 7- in- R4Time:
To:
From: ~i&% 49m% Dg /&~~M C a~Q 6I
PhoneNumhar: C.G ~s.p)
pages are being transmitted including this cover sheet.
Notes or comments:
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Attachment BPhotographs of Accident Site
Accident Investigation ReportAmerican Electric PowerMs. Nore Morris
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