By E-mail November 11, 2012
Erin Williams
Policy and Planning Coordinator
Virginia Board of Agriculture and
Consumer Services
Oliver Hill Building
102 Governor Street
Richmond, VA 23219
Re Comments of A & N Electric Cooperative on Coake Petitions for Rulemaking
The following comments in opposition to the referenced-above petitions are submitted on behalf of A & N Electric Cooperative.
Electric utility consumers need and demand to have their power restored promptly, as we all have witnessed just last week with Hurricane Sandy. Minimal interruptions in electric power are called for in the private, commercial, and industrial sectors due to increasing technology requirements as well as the traditional needs. Right-of-way herbicide management allows utility crews to reach trouble spots faster to restore power or correct other problems more promptly. If sections of a right-of-way are left unmaintained due to results of any rules or regulations imposed by the Virginia Department of Agriculture and Consumer Services, both power quality and restoration times could be severely adversely affected.
In order to provide quality electric service, well maintained right-of-ways is essential. Electric Cooperatives are involved in maintenance activities including trimming of individual trees, rural side trimming, mechanical cutting of trees in right-of-ways, and herbicide treatments.
It would be extremely difficult, actually impossible, to contact every individual owner in advance of herbicide application, due to absentee owners, abandoned properties, properties with multiple owners, estates that have been unsettled for generations and properties that have recently had changes in ownership. Herbicides are often applied on 1/3 of a utility’s maintained right-of ways annually. It is a nearly impossible task to contact these unavailable or unknown owners.
Right-of-ways that are properly maintained with herbicides provide prompt access to utility structures and equipment when compared to unmaintained right-of-ways or right-of-ways maintained by other means. In addition, areas of grasses and forbs that flourish after proper herbicide application help to filter run-off and reduce erosion. When compared to mechanical clearing of right-of-ways, proper herbicide application also reduces the amount of oxygen consuming vegetation particles that are carried into our water resources. Damages are also reduced to drainage ditches when applying herbicides as compared to cutting brush with heavy right-of-way cutting equipment.
Improperly maintained right-of-ways can lead to safety problems for land owners, tenants, the general public, and utility employees. Reputable applicators employ certified employees to apply herbicides and have labels and Material Safety Data Sheets available for the public if questions arise when applications are being made.
Not only do utilities use herbicides but they are also used on right-of-ways of Virginia Department of Highways, railways, pipelines, municipalities, tree farmers, and agriculture operations, as well as many other public and private entities. Also, please note that herbicides control undesirable plants, while pesticides include herbicides, insecticides, rodenticides, etc. I prefer to use the word herbicide because herbicides that are used today are less toxic to animals than many items available around the house.
Utilities have easements and eminent domain rights to maintain right-of-ways in order to maintain utility plant and provide safe reliable electric service. Many right-of-way easements specifically give utilities the right to chemically control vegetation.
Our concern is substantial, in part because this proposal would likely be a greater problem for utilities serving rural areas than for those in urban or suburban areas.
Thank you for this opportunity to provide these comments in opposition to the Coake petitions.
Don Bowling
Vice President - Operations
A & N Electric Cooperative
21275 Cooperative Way
Tasley, VA 23441