LOW GROWING TREES Below is a list of low growing trees that can be planted adjacent to overhead power lines. Generally these trees will have a mature height of less than 25 feet. Contact your local tree nursery for recommendations and availability. 1. Flowering Dogwood 2. Mexican Plum 3. Dwarf Crapemyrtle 4. Crabapple 5. Washington Hawthorn 6. Desert Willow 7. Redbud 8. Japanese Black Pine 9. Yaupon Holly 10. Wax Myrtle 11. Japanese Maple 12. Flameleaf Sumac 13. Fringe Tree 14. Texas Mountain Laurel 15. Carolina Buckthorn 16. Mexican Buckeye 17. Possumhaw Holly 18. Texas Madrone 19. Saucer Magnolia 20. Purple-leaf Plum Directional Pruning Methods For Tall Trees Growing Too Close To Power Lines BEFORE PRUNING AFTER PRUNING 40 ft. Plant taller trees away from overhead power lines. 7/03
Tariff for Retail Delivery Service Oncor Electric Delivery Company Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 8 of 15 Effective Date: January 1, 2002 Revision: Original 5.4.6 RETAIL CUSTOMER'S DUTY REGARDING COMPANY'S FACILITIES ON RETAIL CUSTOMER'S PREMISES Consistent with Section 5.2, LIMITS ON LIABILITY (which limits any legal liability only as expressly stated therein), Retail Customer shall have a duty to exercise reasonable care not to damage Company Delivery System facilities on Retail Customer's Premises and shall not be considered to be a bailee or to have possession of those facilities. Retail Customer shall not Tamper with Company's facilities on Retail Customer's Premises. Company shall not be liable to Retail Customer for any injuries that result from such Tampering. Loss of, or damage to, Company Delivery System facilities on Retail Customer's Premises caused by or arising out of Retail Customer's Tampering or failure to exercise reasonable care not to damage such facilities shall be subject to the provisions of Section 5.2. Charges for such loss or damage shall be consistent with Section 6.1, RATE SCHEDULES. 5. UNAUTHORIZED USE OF DELIVERY SYSTEM In the event of use or attempted use of Company's Delivery System, without Company's authorization, whether by Tampering with Company's Meter or equipment or by any other means, Delivery Service may be suspended by Company. Company must comply with all Applicable Legal Authorities and Section 5.3.7, SUSPENSION OF SERVICE. A person found to be using the Delivery System without authorization must pay the charge for restoring Delivery Service as provided in Company's Rate Schedules under which that person would normally receive Delivery Service and may be required to pay all charges, including the following, before Delivery Service will be restored or initiated: 1. The Delivery Charges associated with the estimated amount of electricity delivered without Company authorization, which may be estimated based on amounts used under similar conditions during preceding years. Where no previous usage history exists at the same Premises, consumption may be estimated on the basis of usage levels of similar Retail Customers at similar Premises under similar conditions; 2. The cost of replacement or repair of any damaged Company Meter or associated Company equipment; 3. The cost of installment of protective facilities or of relocation of Company's Meter, if necessary to prevent further unauthorized use; and 4. All other costs associated with the investigation and correction of the unauthorized use. 5.4.8 ACCESS TO RETAIL CUSTOMER'S PREMISES Company's duly authorized representatives have the right of access to Retail Customer's Premises at all reasonable hours, or at any hour if for the sole purpose of restoring Delivery Service, to: inspect, erect, install, maintain, upgrade, convert, remove, or replace Company's wiring apparatus and other facilities; read Company's Meter; and perform other activities necessary to provide Delivery Service, including tree trimming and tree removal where such trees in the opinion of Company constitute a hazard to Company personnel or facilities, or to the provision of continuous Delivery Service, provided, however, that such representatives comply with all applicable site-specific safety requirements which have been communicated by Retail Customer in writing to Company. Such personnel must exhibit a photo-identification badge to gain access. Failure to provide access may result in suspension of Delivery Service and/or additional charges under the appropriate Commission approved Tariff that shall be billed to Retail Customer's designated Competitive Retailer. Company will notify Retail Customer's designated Competitive Retailer of Retail Customer's failure to provide access. Retail Customer shall not grant access to the facilities of Company except to authorized Company representatives. Source: TXU Electric Company; Tariff for Retail Delivery Service (eff. 6-1-2001) Excerpt for Vegetation Management: Company's duly authorized representatives have the right to access to Retail Customer's Premises at all reasonable hours, or at any hour if for the sole purpose of restoring Delivery Service, to:... perform other activities necessary to provide Delivery Service, including tree trimming and tree removal where such trees in the opinion of Company constitute a hazard to Company personnel or facilities, or to the provision of continuous Delivery Service...
752.001. DEFINITIONS. In this chapter: TEXAS HEALTH & SAFETY CODE CHAPTER 752. HIGH VOLTAGE OVERHEAD LINES (1) "High voltage" means more than 600 volts measured between conductors or between a conductor and the ground. (2) "Overhead line" means a bare or insulated electrical conductor installed above ground but does not include a conductor that is de-energized and grounded or that is enclosed in a rigid metallic conduit. 752.002. EXEMPTION FOR CERTAIN EMPLOYEES AND ACTIVITIES. (a) This chapter does not apply to the construction, reconstruction, operation, or maintenance by an authorized person of overhead electrical or communication circuits or conductors and their supporting structures and associated equipment that are part of a rail transportation system, an electrical generating, transmission, or distribution system, or a communication system. (b) In this section, "authorized person" means: (1) an employee of a light and power company, an electric cooperative, or a municipality working on his employer's electrical system; (2) an employee of a transportation system working on the system's electrical circuits; (3) an employee of a communication utility; (4) an employee of a state, county, or municipal agency that has authorized circuit construction on the poles or structures that belong to an electric power company, an electric cooperative, a municipal or transportation system, or a communication system; (5) an employee of an industrial plant who works on the plant's electrical system; or (6) an employee of an electrical or communications contractor who is working under the contractor's supervision. 752.003. TEMPORARY CLEARANCE OF LINES. (a) A person, firm, corporation, or association responsible for temporary work or a temporary activity or function closer to a high voltage overhead line than the distances prescribed by this chapter must notify the operator of the line at least 48 hours before the work begins. (b) A person, firm, corporation, or association may not begin the work, activity, or function under this section until the person, firm, corporation, or association responsible for the work, activity, or function and the owner or operator, or both, of the high voltage overhead line have negotiated a satisfactory mutual arrangement to provide temporary de-energization and grounding, temporary relocation or raising of the line, or temporary mechanical barriers to separate and prevent contact between the line and the material or equipment or the person performing the work, activity, or function. (c) The person, firm, corporation, or association responsible for the work, activity, or function shall pay the operator of the high voltage overhead line the actual expense incurred by the operator in providing the clearance prescribed in the agreement. The operator may require payment in advance and is not required to provide the clearance until the person, firm, corporation, or association responsible for the work, activity, or function makes the payment. (d) If the actual expense of providing the clearance is less than the amount paid, the operator of the high voltage overhead line shall refund the surplus amount. 752.004. RESTRICTION ON ACTIVITIES NEAR LINES. (a) Unless a person, firm, corporation, or association effectively guards against danger by contact with the line as prescribed by Section 752.003, the person, firm, corporation, or association, either individually or through an agent or employee, may not perform a function or activity on land, a building, a highway, or other premises if at any time it is possible that the person performing the function or activity may: (1) move or be placed within six feet of a high voltage overhead line while performing the function or activity; or (2) bring any part of a tool, equipment, machine, or material within six feet of a high voltage overhead line while performing the function or activity. (b) A person, firm, corporation, or association may not require an employee to perform a function or activity
prohibited by Subsection (a). 752.005. RESTRICTION ON OPERATION OF MACHINERY AND PLACEMENT OF STRUCTURES NEAR LINES. Unless a person, firm, corporation, or association effectively guards against danger by contact with the line as prescribed by Section 752.003, the person, firm, corporation, or association, either individually or through an agent or employee, may not: (1) erect, install, transport, or store all or any part of a house, building, or other structure within six feet of a high voltage overhead line; (2) install, operate, transport, handle, or store all or any part of a tool, machine, or equipment within six feet of a high voltage overhead line; or (3) transport, handle, or store all or any part of supplies or materials within six feet of a high voltage overhead line. 752.007. CRIMINAL PENALTY. (a) A person, firm, corporation, or association or an agent or employee of a person, firm, corporation, or association commits an offense if the person, firm, corporation, association, agent, or employee violates this chapter. (b) An offense under this section is punishable by a fine of not less than $100 or more than $1,000, confinement in jail for not more than one year, or both. 752.008. LIABILITY FOR DAMAGES. If a violation of this chapter results in physical or electrical contact with a high voltage overhead line, the person, firm, corporation, or association that committed the violation is liable to the owner or operator of the line for all damages to the facilities and for all liability that the owner or operator incurs as a result of the contact. Ref: http://tlo2.tlc.state.tx.us/statutes/docs/hs/content/htm/hs.009.00.000752.00.htm
186.002. POLICY. (a) Continuous service by a public utility is essential to the life, health, and safety of the public. A person's wilful interruption of that service is a public calamity that cannot be endured. (b) A public utility is dedicated to public service. The primary duty of a public utility, including its management and employees, is to maintain continuous and adequate service at all times to protect the safety and health of the public against the danger inherent in the interruption of service. (c) Each court and administrative agency of this state shall: (1) recognize the policy stated in this section; and (2) interpret and apply this subchapter in accordance with that policy. 186.003. ENFORCEMENT BY EXECUTIVE DEPARTMENT. In accordance with Section 186.002, the governor, and the department of the executive branch of government under the governor's direction, shall exercise all power available under the constitution and laws of this state to protect the public from dangers incident to an interruption in water, electric, or gas utility service in this state that occurs because of a violation of this subchapter. 186.004. UNLAWFUL PICKETING, THREATS, OR INTIMIDATION. (a) A person may not: (1) picket the plant, premises, or other property of a public utility with intent to disrupt the service of that utility or to prevent the maintenance of that service; or (2) engage in picketing that has the effect of disrupting the service of a public utility or preventing the maintenance of that service. (b) A person may not: (1) intimidate, threaten, or harass an employee of a public utility with intent to disrupt the service of the utility or prevent the maintenance of that service; or (2) intimidate, threaten, or harass an employee of a public utility if that conduct has the effect of disrupting the service of the utility or preventing the maintenance of that service. 186.005. RESTRAINING ORDER. (a) A district court shall immediately inquire into the matter if a public utility presents a verified petition to the court: (1) alleging that in the judicial district of the court a person is violating or threatening to violate Section 186.004 and that the violation or threatened violation will interfere with the maintenance of adequate water, electric, or gas service; and (2) describing the acts committed in violation of Section 186.004, or the threatened acts that, if committed, will violate Section 186.004. (b) If it appears that there is a violation or threatened violation of Section 186.004, the court shall immediately issue an order restraining the person, the person's agent, and any other person acting with them from committing an act prohibited by that section. (c) A restraining order issued under this section is effective when the petitioner files with the clerk of the court a good and sufficient bond in an amount set by the court to cover court costs that may reasonably accrue in
connection with the case. A judgment rendered in the case may not be superseded pending appeal. (d) Venue for a suit under this section is in any judicial district in which the violation or threat to violate occurs. Acts 1997, 75th Leg., ch. 166, 1, eff. Sept. 1, 1997. Ref: http://tlo2.tlc.state.tx.us/statutes/docs/ut/content/word/ut.004.00.000186.00.doc