IURC: Utilities Can't Top Trees Without Consent
Ruling Attempts To Strike Balance Between Consumers, Companies
POSTED: 3:01 pm EST November 30, 2010
UPDATED: 7:03 am EST December 1, 2010
INDIANAPOLIS -- The Indiana Utility Regulatory Commission issued a ruling Tuesday that utilities can no longer lop off the tops of trees without the consent of the property owner.The IURC has been considering changes to tree-trimming guidelines in recent months after complaints from consumers that utilities were disregarding common courtesy in contacting them and were damaging trees and other vegetation without regard for aesthetics.Utilities argued that they are trying to ensure that electricity will stay on during storms and that clearing trees is a necessity."Utilities are now prohibited from topping trees or removing more than 25 percent of a tree's canopy without the property owner's consent," the agency said in a news release. "This decision stems from consumer complaints broached during the course of the proceeding. If the property owner does not consent, the utility must offer alternatives."Utilities will be required to notify property owners in person or over the phone, along with a written notice at least two weeks before trimming is planned, and they must remove debris within three days.Utilities were also told to use public right-of-way and easements to get to properties, or obtain permission from the property owner.
"It provides a code of conduct … for the utilities to abide by with regard to tree-trimming practices and procedure," said Danielle McGrath, IURC spokeswoman.Indianapolis Power and Light will be required to revise its language to reflect the IURC's guidelines with regard to access to property. IPL is the only regulated electric utility in the state that has a written clause in its charter allowing it to enter private property and trim or remove trees without homeowners' permission."It is on that basis that I began this fight, because that's wrong," said Charles Goodman, who co-founded the Indiana Tree Alliance. "There's a number of things that the IURC by law can't rule on, and that has to be taken into the state Legislature."The agency said it wants to promote dialogue between property owners and utilities about proper tree planting near power lines and utilities' needs to keep vegetation away from those lines.The commission held hearings all over the state in 2009 to gather feedback on the issue."The commission reviewed hundreds of pages of testimony and received input from concerned ratepayers," said David Ziegner, IURC presiding commissioner.IPL previously said that changing its tree-trimming policies could cost it $100 million because it may need to buy easements from hundreds of thousands of customers.
Previous Stories:
- January 14, 2010: IPL: Tree-Trimming Restriction Could Cost $100 Million
- December 14, 2009: IPL Told Private Property Tree-Trimming Not Protected
- September 1, 2009: Homeowners, Utilities Spar In Tree-Trimming Forum
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