[ Text of section added by 2009, 133, Sec. 5 effective November 12, 2009.]
Section 85B. (a) Each electric distribution, transmission and natural gas distribution company conducting business in the commonwealth shall annually, on or before May 15, submit to the department an emergency response plan for review and approval. The emergency response plan shall be designed for the reasonably prompt restoration of service in the case of an emergency event, which is an event where widespread outages have occurred in the service area of the company due to storms or other causes beyond the control of the company. The emergency response plan shall include but not be limited to, the following:--
(1) the identification of management staff responsible for company operations during an emergency;
(2) a communications system with customers during an emergency that extends beyond normal business hours and business conditions;
(3) contact with customers who had documented their need for essential electricity for medical needs;
(4) designation of staff to communicate with local officials and relevant regulatory agencies;
(5) provisions regarding how the company will assure the safety of its employees and contractors;
(6) procedures for deploying company and mutual aid crews to work assignment areas; and
(7) identification of additional supplies and equipment needed during an emergency and the means of obtaining additional supplies and equipment.
The filing with the department shall also include a copy of all written mutual assistance agreements among utilities. The department shall accord protected treatment under section 5D of chapter 25 of confidential, competitively sensitive or other proprietary information contained in any emergency response plan and shall also confirm the application of subclause (n) of clause 26 of section 7 of chapter 4 so as not to jeopardize public safety.
(b) After review of an investor-owned electric distribution, transmission or natural gas distribution company's emergency response plan the department may request that the company amend the plan. The department may open an investigation of the company's plan. If, after hearings, the department finds a material deficiency in the plan, the department may order the company to make such modifications that it deems reasonably necessary to remedy the deficiency.
(c) Any investor-owned electric distribution, transmission or natural gas distribution company failing to file its emergency response plan may be fined $500 for each day during which such failure continues. The fines levied by the department shall be returned to ratepayers through distribution rates.
(d) Notwithstanding any existing power or authority, the department may open an investigation to review the performance of any investor-owned electric distribution, transmission or natural gas distribution company in restoring service during an emergency event. If, after evidentiary hearings or other investigatory proceedings, the department finds that, as a result of the failure of the company to implement its emergency response plan, the length of the outages were materially longer than they would have been but for the company's failure, the department may deny the recovery of all, or any part of, the service restoration costs through distribution rates, commensurate with the degree and impact of the service outage.
[ Text of section added by 2009, 133, Sec. 5 effective November 12, 2009.]
Section 85B. (a) Each electric distribution, transmission and natural gas distribution company conducting business in the commonwealth shall annually, on or before May 15, submit to the department an emergency response plan for review and approval. The emergency response plan shall be designed for the reasonably prompt restoration of service in the case of an emergency event, which is an event where widespread outages have occurred in the service area of the company due to storms or other causes beyond the control of the company. The emergency response plan shall include but not be limited to, the following:--
(1) the identification of management staff responsible for company operations during an emergency;
(2) a communications system with customers during an emergency that extends beyond normal business hours and business conditions;
(3) contact with customers who had documented their need for essential electricity for medical needs;
(4) designation of staff to communicate with local officials and relevant regulatory agencies;
(5) provisions regarding how the company will assure the safety of its employees and contractors;
(6) procedures for deploying company and mutual aid crews to work assignment areas; and
(7) identification of additional supplies and equipment needed during an emergency and the means of obtaining additional supplies and equipment.
The filing with the department shall also include a copy of all written mutual assistance agreements among utilities. The department shall accord protected treatment under section 5D of chapter 25 of confidential, competitively sensitive or other proprietary information contained in any emergency response plan and shall also confirm the application of subclause (n) of clause 26 of section 7 of chapter 4 so as not to jeopardize public safety.
(b) After review of an investor-owned electric distribution, transmission or natural gas distribution company's emergency response plan the department may request that the company amend the plan. The department may open an investigation of the company's plan. If, after hearings, the department finds a material deficiency in the plan, the department may order the company to make such modifications that it deems reasonably necessary to remedy the deficiency.
(c) Any investor-owned electric distribution, transmission or natural gas distribution company failing to file its emergency response plan may be fined $500 for each day during which such failure continues. The fines levied by the department shall be returned to ratepayers through distribution rates.
(d) Notwithstanding any existing power or authority, the department may open an investigation to review the performance of any investor-owned electric distribution, transmission or natural gas distribution company in restoring service during an emergency event. If, after evidentiary hearings or other investigatory proceedings, the department finds that, as a result of the failure of the company to implement its emergency response plan, the length of the outages were materially longer than they would have been but for the company's failure, the department may deny the recovery of all, or any part of, the service restoration costs through distribution rates, commensurate with the degree and impact of the service outage.
[ Text of section added by 2009, 133, Sec. 5 effective November 12, 2009.]
Section 85B. (a) Each electric distribution, transmission and natural gas distribution company conducting business in the commonwealth shall annually, on or before May 15, submit to the department an emergency response plan for review and approval. The emergency response plan shall be designed for the reasonably prompt restoration of service in the case of an emergency event, which is an event where widespread outages have occurred in the service area of the company due to storms or other causes beyond the control of the company. The emergency response plan shall include but not be limited to, the following:--
(1) the identification of management staff responsible for company operations during an emergency;
(2) a communications system with customers during an emergency that extends beyond normal business hours and business conditions;
(3) contact with customers who had documented their need for essential electricity for medical needs;
(4) designation of staff to communicate with local officials and relevant regulatory agencies;
(5) provisions regarding how the company will assure the safety of its employees and contractors;
(6) procedures for deploying company and mutual aid crews to work assignment areas; and
(7) identification of additional supplies and equipment needed during an emergency and the means of obtaining additional supplies and equipment.
The filing with the department shall also include a copy of all written mutual assistance agreements among utilities. The department shall accord protected treatment under section 5D of chapter 25 of confidential, competitively sensitive or other proprietary information contained in any emergency response plan and shall also confirm the application of subclause (n) of clause 26 of section 7 of chapter 4 so as not to jeopardize public safety.
(b) After review of an investor-owned electric distribution, transmission or natural gas distribution company's emergency response plan the department may request that the company amend the plan. The department may open an investigation of the company's plan. If, after hearings, the department finds a material deficiency in the plan, the department may order the company to make such modifications that it deems reasonably necessary to remedy the deficiency.
(c) Any investor-owned electric distribution, transmission or natural gas distribution company failing to file its emergency response plan may be fined $500 for each day during which such failure continues. The fines levied by the department shall be returned to ratepayers through distribution rates.
(d) Notwithstanding any existing power or authority, the department may open an investigation to review the performance of any investor-owned electric distribution, transmission or natural gas distribution company in restoring service during an emergency event. If, after evidentiary hearings or other investigatory proceedings, the department finds that, as a result of the failure of the company to implement its emergency response plan, the length of the outages were materially longer than they would have been but for the company's failure, the department may deny the recovery of all, or any part of, the service restoration costs through distribution rates, commensurate with the degree and impact of the service outage.
