Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
MOAHR-Rules@michigan.gov  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Licensing and Regulatory Affairs  
2. Bureau:  
Public Service Commission  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
Electrical Supply and Communication Lines and Associated Equipment  
5. Rule numbers or rule set range of numbers:  
R 460.811 - R 460.815  
6. Estimated time frame:  
6 months  
Name of person filling out RFR:  
Leah Arendt  
E-mail of person filling out RFR:  
ArendtL@michigan.gov  
Phone number of person filling out RFR:  
517-284-8093  
Address of person filling out RFR:  
7109 W. Saginaw Hwy., Lansing, MI 48917  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
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.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
By authority conferred on the public service commission by section 7 of 1909 PA 106, sections 4  
and 6 of 1939 PA 3, and section 5 of 1939 PA 419, MCL 460.557, 460.4, 460.6, and 460.55.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
MCL 460.557, 460.4, 460.6, and 460.55.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
No.  
9. Please describe the extent to which the rules conflict with or duplicate similar rules,  
compliance requirements, or other standards adopted at the state, regional, or federal level.  
The rule merely adopts the most current standards of the NESC.  
MCL 24.239  
RFR-Page 2  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
The subject matter of this rule adopts national safety standards by reference. The proposed rule  
updates the current rule to adopt by reference the most current NESC standard of good practice.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
No.  
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures  
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?  
Full Process  
13. Please describe the extent to which the rules exceed similar regulations, compliance  
requirements, or other standards adopted at the state, regional, or federal level.  
The amended rule will merely update Michigan’s rule to reflect changes made to the NESC up to  
August 1, 2022.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
No.  
15. If amending an existing rule set, please provide the date of the last evaluation of the rules  
and the degree, if any, to which technology, economic conditions, or other factors have changed  
the regulatory activity covered by the rules since the last evaluation.  
The rule was last amended in 2017 to adopt the 2017 NESC standards. The proposed amendment  
adopts the 2023 NESC, which was published August 1, 2022, as new standards have been revised  
since the 2017 edition was published.  
16. Are there any changes or developments since implementation that demonstrate there is no  
continued need for the rules, or any portion of the rules?  
No.  
17. Is there an applicable decision record (as defined in MCL 24.203(6) and required by MCL  
24.239(2))? If so, please attach the decision record.  
No  
MCL 24.239  
;