Michigan Office of Administrative Hearings and Rules

Administrative Rules Division (ARD)

MOAHR-Rules@michigan.gov

AGENCY REPORT TO THE

JOINT COMMITTEE ON ADMINISTRATIVE RULES (JCAR)

AGENCY INFORMATION:

Agency name:

Licensing and Regulatory Affairs

Division/Bureau/Office:

Public Service Commission

Name of person completing this form:

Leah Arendt

Phone number of person completing this form:

517-284-8093

Email of person completing this form:

ArendtL@michigan.gov

Name of Department Regulatory Affairs Officer reviewing this form:

Elizabeth Arasim

RULE SET INFORMATION:

MOAHR assigned rule set number:

2023-51 LR

Title of the proposed rule set:

Electrical Supply and Communication Lines and Associated Equipment

1. Purpose of the proposed rules and background:

The current rule adopts by reference the 2017 edition of the National Electrical Safety Code (NESC). Since 2017, a

number of NESC rules have been introduced, revised, deleted, or clarified. Thus, the most current version, 2023

NESC, that was published August 1, 2022, with an effective date of February 1, 2023, should be adopted to ensure

the practical safeguarding of persons during installations, operations, or maintenance of electrical supply and

communications lines.

2. Summary of the proposed rules:

The proposed rule changes in this matter propose to amend Mich Admin Code, R 460.813, within the Commission’s

rules governing Electrical Supply and Communication Lines and Associated Equipment, to update the rule to adopt by

reference the most current version of the National Electrical Safety Code, being the 2023 edition.

3. List names of newspapers in which the notice of public hearing was published and publication

dates:

Grand Rapids Press - September 3, 2024; The Mining Journal - September 4, 2024; The Oakland Press - September

4, 2024.

4. Date of publication of the proposed rules and notice of public hearing in the Michigan Register:

9/1/2024

5. Date, time, and location of the public hearing:

9/18/2024 01:00 PM at Lake Michigan Hearing Room, 7109 West Saginaw Highway, Lansing, MI 48917

MCL 24.242 and 24.245

Agency Report to JCAR -Page 2

6. Provide the link the agency used to post the regulatory impact statement and cost-benefit analysis

on its website:

https://ARS.apps.lara.state.mi.us/Transaction/RFRTransaction?TransactionID=1478

7. List of the name and title of agency representative(s) who attended the public hearing:

Alena Clark - Assistant Attorney General for the Michigan Public Service Commission; Nicolas Evans - Manager of

the Electric Operations Section within the Michigan Public Service Commission.

8. Persons submitting comments of support:

Consumers Energy Company submitted comments in support with changes requested therein.

9. Persons submitting comments of opposition:

No comments in opposition were received by the Michigan Public Service Commission.

10. Persons submitting other comments:

No other comments were received by the Michigan Public Service Commission.

11. Identify any changes made to the proposed rules based on comments received during the public