Ladies and Gentlemen:
The purpose of these comments is to request a utility industry exemption to the Board’s latest rulemaking proposal. Virginia’s fourteen electric cooperatives have concerns about the Board’s current rulemaking initiative. We are concerned that this rulemaking, as applied to electric utilities, may disrupt utility operations and make electric line workers less—not more—safe.
This regulatory proposal bypasses any meaningful, normal public comment process for a regulation whose documentation spans over 200 pages. The documents published by the Department are internally inconsistent and contain errors. If implemented, they could disrupt utility operations. Further, the prospect of citations being issued or litigation being initiated against a rural electric utility, or, far worse—a class action lawsuit being initiated—threatens our ability to continue to provide safe, reliable, and affordable electric service to our member-consumers.
For decades since their founding, electric cooperatives have been the standard-bearers for safe workplace conduct, and all have comprehensive occupational safety programs at their workplaces. While we understand the need for masks in areas with significant contact with the general public such as grocery stores and manufacturing plants, utility operational requirements justify an exemption from these requirements. In particular:
The bottom line is that safety is part of our culture—part of everything we do as electric cooperatives. Our own industry safety regimen as mandated by other applicable state and federal law must take precedence over any other COVID-related requirements. Thank you for your kind attention to this matter and consideration of these comments, and if you have any questions, please do not hesitate to contact our office.