Activist's Report Pruned from Hearing

(posted Oct 12)

Disappointment is "an understatement" as far as Charles Goodman is concerned over being denied the opportunity to speak at the October 9 public hearing concerning utilities tree trimming practices. Goodman has been a citizen lobbyist for 18 years and took up the cause of tree trimming practices about two years ago after his own tree fell victim to a utility company's cutting procedures. Goodman was suppose to give wrap-up testimony to the state Regulatory Flexibility Committee, but Co-Chairman Senator Brandt Hershman called the meeting to an end so they could pick up the issue regulating wind energy.

Goodman tossed his hands in the air to signal Hershman not to forget about him. Goodman was on the agenda to speak. Goodman said that Hershman apologized to him after the meeting, saying the committee just ran out of time, and offered him the opportunity to submit a written report to the committee.

Goodman contends the committee received incomplete and distorted information about the utilities vegetation management practices that he intends to rectify this in his report.

A point of contention is Indiana Utility Regulatory Commission Chairman David Hardy's statement telling the committee that the IURC has no rules governing tree trimming practices. Hardy told the committee the best the IURC could do is offer sympathy to the property owners that have received the "whoops we goofed" tree trimming. Hardy also said the east coast blackout in August 2003 was due to human error and equipment failure, rather than a tree limb falling on a line as CN Utility Consulting President Stephen Cieslewicz told the committee.

Hardy also presented different facts that showed vegetation and trees causing fewer power outages than Indiana Energy Association President Ed Simcox's data showed. Hardy said from 2002-2004, outages caused by trees and vegetation were from 17% to 34% for IPL , while Simcox said it was closer to 50 % for IPL in 2008.

Goodman said that IURC passed a tariff ruling that allows utilities to enter private property to conduct vegetation management practices at their judgment. He said the IURC has failed to develop a committee to oversee the utilities and their vegetation management practices. Goodman sees the tariff rulings as violating private property rights guaranteed by the Constitution.

Cieslewicz and Simcox told the committee that federal guidelines are getting tougher for the upkeep of vegetation management since the blackout. They both cited various statistics showing a crack down from National Energy Regulatory Commission, including assessing $1 million fines to utility companies for compliance failure.

Cieslewicz said pruning trees in a "V" shape is "best science" when dealing with a standard 28 foot high power line straddling over a tree. He said it was public perception that trees need to be rounded and topped. He said the public needs to be educated on proper pruning based on what science says rather than what is aesthetically pleasing.