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Model Commission Rule Or State Statute Adopting The National Electrical Safety Code
1. APPLICABLE NATIONAL STANDARD
All electric power, telephone, community antenna/cable television
(CATV) utilities operating in the State of _____________________________
shall design, construct, operate and maintain their lines
and equipment in conformance with the applicable provisions
of the following
American National Standard (Standard): NATIONAL ELECTRICAL
SAFETY CODE (NESC)--ANSI-C2.
2. APPLICABLE EDITION
(a) The requirements of the 1997 Edition of the Standard
shall be met for applicable facilities and work tasks,
as applicable,
on and after the effective date as defined therein;
such requirement may be used by a utility at any time after
the publication
date.
(b) Unless a hearing is requested of the ____________________________(Commission)
within 120 days of the publication of a subsequent
revision of the Standard, such revised edition shall
in 60 days
(the 180th
day after publication) automatically be adopted as
the applicable edition for facilities and work covered
thereunder
until
superceded. When editions change, existing facilities
may continue to meet
the requirements of previously applicable code editions
if allowed to do so under the new edition.
3. MODIFICATIONS, DELETIONS and WAIVERS to THE STANDARD
The Commission may, at its discretion and after appropriate
hearing, modify, delete or waive individual requirements
of the Standard.
A modification, deletion or waiver of a national
standard of practice contained in the Standard shall be made
only when
(1) other measures
achieving equivalent levels of safety are substituted
therefore or (2) such national standard practice
is found to be not
applicable or is found to be unduly burdensome
for the level of safety
achieved under the given local conditions.
(a) Modifications, deletions or waivers of individual
requirements of an edition of the Standard shall
remain in force until
(1) the effective date of the next subsequent edition
of the Standard
or
(2) repeal by the Commission, whichever occurs
first.
(b) If no request for rehearing on existing modifications,
deletions or waivers to an edition of the Standard
is received within 120
days of the publication of the next subsequent
edition of Standard, the existing modifications,
deletions
or waivers shall be automatically
considered to be repealed upon the effective
date of the subsequent edition.
4. ADDITIONAL SAFETY MEASURES
The Commission may, at its discretion and after
appropriate hearing, require safety measures
in addition to those
required by the
Standard.
(a) Such additional requirements shall remain
in force until repealed by the following
procedure or by the
Commission.
(b) If such additional requirements are
desired to remain in force, they shall
be reaffirmed
by the
Commission within ten
(10) years
of their inception or last reaffirmation;
if such additional requirements are not
affirmed within
the prescribed
time,
they shall be considered
to be repealed.
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