COMMONWEALTH OF KENTUCKY

BEFORE THE PU8LIC SERVICE COMMISSION

In the Matter of:

LICKING VALLEY RURAL EIECTRICCOOPERATIVE CORPORATION, INC.

ALLEGED FAILURE TO COMPIY WITHCOMMISSION REGULATIONS 807 KAR 5 t 006AND 807 KAR St041

)))) CASE NO, 92-549))))

0 R D E R

Licking Valley Rural Electric Cooperative Corporation, Inc.("Licking Valley RECC"), a Kentucky corporation which engages in

the distribution of electricity to the public for compensation for

lights, heat, power, and other uses, and which was formed under KRS

279.010 to 279.220, is a utility sub)ect to Commission

Jurisdiction. KRS 278.010( KRS 279.210.KRS 278.280(2) directs the Commission to prescribe rules and

regulations for the performance of services by utilities. Pursuant

to this statutory directive, the Commission promulgated Commission

regulation 807 KAR 5:041, Section 3, which reguires electricutilities to maintain their plant and facilities in accordance with

the standards of the National Electric Safety Code ( 1990 Edition).It has additionally promulgated Commission Regulation 807 KAR

5:006, Section 24, which reguires a utility to adopt and execute a

safety program.

Commission Staff has submitted to the Commission an ElectricalUtility Accident Investigation Report dated December 2, 1992,

appended hereto, which alleges~

l. On August 20, 1992, Craig Lykins, an employee of Licking

Valley RECC, was electrocuted while setting a pole to raise a 7200

volt single phase line. He suffered the fatal electrical shock

when, while guiding the pole, the cable from the boom that was

attached to the pole came into contact with the energized line. At

the time of the incident, Lykins was not wearing rubber gloves nor

was the line deenergised or covered at the point of contact.2. At the time of the incident, Clark Phipps, another

Licking Valley RECC employee, was the person in charge of the crew

in the process oi setting 'the poles

3, Licking Valley RECC's safety rules require that, when a

pole is being set or removed between or near conductors energized

above G00 volts, the conductors be deenergized or covered with

protective devices and employees handling the butt of the pole wear

rubber gloves,

4. Lyklns'ailure to wear rubber gloves while working near

the energized conductor is a violation of Licking Valley RECC's

safety rules,

S. Lykins'ailure to deenergize the conductor or cover itwith a protective device is a violation of Licking Valley RECC's

safety rules.G. Phipps''allure to ensure Lykins'se oi'ubber gloves

while working near the energized conductor and to require the

-2-

deenerglsing of the line or covering it with protective devices isa violation of National Electrical Safety Code, Section 42 (421A)

which, inter alia, directs a foreman or person-in-charge to "see

that the safety rules and operating procedures are observed."

7. At the time of the incident, Lykins and Phipps were

employees of Licking Valley RECC and acting within the scope oftheir employment.

8. As a result of Lykins'nd phipps'ailures, Licking

Valley RECC is in probable violation of Commission Regulations 807

KAR 5:006, Section 24, and 807 KAR 5:041, Section 3.The Commission, on its own motion, HEREBY ORDERS that:1. Licking Valley RECC shall submit to the Commission within

20 days of the date of this Order a written response to the

allegations contained in the Electrical Utility Accident

Investigation Report.

2. Licking Valley RECC shall appear on February 5, 1993, at10:00 a.m., Eastern Standard Time, in Hearing Room 1 of the

Commission's offices at 730 Schenkel Lane, Frankfort, Kentucky, for

the purposes of presenting evidence concerning the incident which

is the subject of the Electrical Utility Accident Investigation

Report, specifically the alleged violations of Commission

Regulations 807 KAR 5:006, Secticn 24, and B07 KAR 5:041, Section

3, and of showing cause, if any it can, why it should not be

sub)ected to the penalties of KRS 278.990 for its alleged failureto comply with Commission regulations.

3. The Electrical Utility Accident Investigation Report

dated December 2, 1992 is hereby made a part of the record of this

case.Done at Frankfort, Kentucky, this 21st day of December, 1992.

PUBLIC SERVICE CQMNISSIO

cChairman

dii;":eZCdmmlss ionaT' '

ATTEST:

Executive Director

ATTACBNENT A

ELECTRICAL UTILITY ACCIDENT XNVESTIGATION

DATE OF THIS REPORT 12/2/92 SUBNITTED BY Robert Ueltschi

WANE OF UTILXTY Lickinq Valley RECC

ACCIDENT REPORTED BY Sallie Jo Nickell, Manaqer of Office Services

DATE a TINE ACCIDENT OCCURRED 8/20/92 - 3:50 P.m.

DATE a TINE UTILITY LEARNED OF ACCIDENT 8/20/92 - APProximately

4:00 p.m.

DATE a TINE ACCIDENT REPORTED 8/20/92 - 4:00 p. m.

DATE OF ACCIDENT INVESTIGATION 8/21/92

DATE SUMMARY WRITTEN REPORT WAS RECEIVED FRON UTILITY 8/26/92

PERSONS ASSISTING IN THE INVESTIGATXON Mr. Bill Duncan, Mr. Larry

Easterlinq, Mr. Jim Adkins — Lickinq Valley RECC and Mr. Greq

Morqan — Kentucky Association of Electric Cooperatives, Inc.

and Robert Ueltschi of the Public Service Commission

NAME OF VICTIM Mr. Craiq Neil Lykins SEX M AGE 22

FATAL Yes NAME OF EMPLOYER Lickinq Valley RECC

INJURIES Electrocution

LOCATION OP ACCIDENT SXTE Mi.ddle Fork off Route 30 in Maqoffin

County.

DESCRIPTION OF ACCIDENT Mr. Clark C. Fhipps. Mr. Densil Wheeler

and Mr. Craiq N. Lykins, employees of Lickinq Valley RECC were

in the process of positi,oninq a 35 foot Class 5 pole. The work

was beinq done to raise a 7200 volt sinqle phase line. The

cable from the boom that was attached to the pole came in contact

Paqe 1 of 5

ELECTRICAL UTILITY ACCIDENT IHVESTIGATIOH (Continued)

with the 7200 volt phase. Mr. Craiq was quidinq the pole when

the cable came into contact with the phase and received electricalshock.

SOURCE OF IHFORNATIOH Nr. Clark C. Phipps and Nr. Densil Wheeler

PROBABLE VIOLATIOHS OF CONNISSIOH REGULATIOHS Nr. Clark C. Phipps,

1st class line person for Lickinq vallev RECC was in charqe of a

crew in the process of settinq a pole to raise a 7200 volt single

phase line. The evidence obtained from this investiqation

indicates that Mr. Phipps was in probable violation of 807 KAR

5:041, Section 3(1). Acceptable Standards 1990 HESC, Section 42

(421A(1) and (2), duties of a first level supervisor or person in

charqe. Additionallv, Lickinq Valley RECC's Safetv Manual,

519 d (1)(2), requires that when settinq or removinq poles between

or near conductors enerqized above 600 volts, the conductors be

deenerqized or covered with protective devices and that workmen

handlinq the butt of the pole shall wear rubber qloves. Nr.

Lvkins was not wearinq rubber cloves, nor was the line deenerqized

or covered at the point of contact.RECONNEHDATIOHS The Commission should consider action aqainst

Lickinq Vallev RECC pursuant to KRS 278.990

CORRECTIVE ACTIONS None

Page 2 of 5

ELECTRICAL UTILITY ACCIDENT INVESTIGATION (Continued)LINE CLEARANCES

Minimum AllowedAs Measured bv MESC

(1961)A. AT POINT OF ACCIDENT

Phase conductor to groundelevation:Neutral conductor to groundelevation:Communication conductor toground elevation:

Phase conductor to structure:

16'-ll 3/4"

]5I-6II

N/A

]51 QII

15'-01Q ~ Q'I

N/A

Neutral conductor to structure: N/A

Communication conductor tostructure:

N/A

N/A

B. AT LOWEST POINT OF SPAN

Phase conductor to groundelevation: 16'-ll 3/4" 0 II

Neutral conductor to groundelevation:

Communication conductor toground elevation:

15 I 6ll 15'-0"

1P I Pll

C ~ SPAN LENGTH419'ate

the line or facilities were constructed

Voltage of line or facilities 7200 volts1955

Date last inspected by utilityUtility Lickinq Valley RECC

June 1991

Date 8/21/92

Approximate temperature

Time 8:45 a.m.

70 degrees F

Page 3 of 5

ELECTRICAL UTILITY ACCIDENT INVESTIGATION (Continued)

Measurements made by Mr. Bill Duncan, Mr. Larrv Easterlinc-Lickino Valley RECC and Robert Ueltschi of Public ServiceCommission

Page 4 of 5

ATTACHMENT B

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Victim vas maneuvering pole into position for setting upright.Safety gloves vere not vorn by victim.

I ~ . 0'inch cable supporting pole came in contact

vith 7200 volt phase and neutral conductor alloving voltage toflov through victim to earthground.

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LICKING VALLEY RURA~YRI$ COOPERAYIVE CORPORAYION~ , . ATTACHMENT C

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ATTACHMENT D

MAIN STREETP,O. DRAWER 605WEST LIBERTY, KY 41472

BILL DUNCANGeneral Manager

LVRECC Employee Craig N. Lykins FatalityDate: Thursday, August 20, 1992Location: Middle Pork, Magoffin County, KentuckyApproximate Time".3:30to 3:45 p.m.

Transcript of Densil Wheeler interview held Friday, August 21,1992, at the Licking Valley Rural Electric CooperativeCorporation (hereinafter referred to as LVRECC) MaloneWarehouse Office. Present for the interview were LVRECCGeneral Manager Bill Duncan„ LVRECC Operations Supervisor LarryR. Easterling, Kentucky Public Service Commission EngineeringTechnical Associate Robert IIeltschi, and Kentucky Associationof Electric Cooperative Safety Director Greg Morgan.

Densil Wheeler was asked to describe in his own words what hadtranspired at the accident site.Densil Wheeler".We framed the A-1 straight line pole in theyard where we'e been working near a two-span primary. A poleneeded to be set in to bring the wire up for clearance. Craigloaded the pole and backed the truck down to the hole where weset up. I asked Craig if he wanted to dig the hole with thetruck. He said, "No, I'd rather you dig it." It was kind ofhard getting the digger up under the wire. We hit a TV cableor telephone cable that was in the way and couldn'. get thedigger under it so Clar'k (Phipps) went up in the bucket andpulled the cable back for me and I dug the hole down. Therewas a lot of outgrowth, brush, and thick weeds. We took thethirty-five foot (35') pole off the truck, rotated it around tothe back of the truck, from the left side to the right sidewhich was the side the digger and pole hole was on. Clark(Phipps) was holding the telephone cable back out of the way.We was going to let the pole down on the ground and Clark(Phipps) was going to go up to release the telephone cable. Hewas going to let it go back and take the phase up when I gotthe pole down and I was going to reach across the neutral andbring the A-1 up on the opposite side of the neutral. Irotated the boom around to the hack of the truck and Craig hadthe pole. He (Craig) got the head pin and stationary tangled

LVRECC Employee Craig H. Lykins FatalitYAugust 21, 1992 Transcript of LVRECC Employee Densil WheelerPage 02 of 04

up in the weeds and I come off the truck and helped him get itthrough what I thought was all weeds where he was in the clearand could handle it from there. We probably had the pole five(5) foot off the ground long ways when I climbed hack up on thetruck. I don't know whether my cable was against thetelephone cable that Clark (Phipps) was holding, whether itbroke or give, but I must have had pressure against thetelephone cable and whenever the telephone cable give, it letmy boom swing and 1st the pole swing on the cable. when thecable swung over, it swung right into the phase. Clark(Phipps) hollered. I saw a little arc and was trying to watchthe boom and exactly to my right. I really couldn't see verygood and was depending on Clark (Phipps) to see what I wasgoing to do with the pole. The pole swung and got into thephase. Clark (Phipps) hollered for me and I hollered, "Craig",to see if he was okay. He wasn', I saw him fall, and I didn'know what . . . , he just got . . . , I really didn'0 know whathad happened because clark (phipps) just kept hollering. Itold Clark (Phipps) to get a gut to put over the line becauseit was into the cable and I was afraid to move because I didn'know if it had killed the line out or not. When I saw thatClark (Phipps) hadn't moved for a minute I got worried becauseI thought maybe he didn't have a gut. I didn't know that Clark(Phipps) had a gut with him because we really wasn't going tostart setting the pole. We were just going to let the poledown and he (Clark Phipps) was going to put a gut on it andtake it up. I jumped or bailed off the truck and went toClark's truck, opened the side door and got out a gut. I sawhim (Clark Phipps) come out of the bucket with one (a gut) andsaw him start putting it on the line at the cable. When I sawthe gut was alright I knew we would be okay on the line on his(Clark Phipps) part anyway so I told Clark, "Clark, come tome." I went to Craig and rolled him over. There was no pulseor breathing so I ran to the truck, grabbed the mike andstarted hollering for help. After I got a hold of West Libertyand told them I needed an ambulance, I grabbed the mouthpiece(CPR mask) out of the glove compartment of the truck and wentback to Craig and started CPR. It took Clark (Phipps) a minuteor two to get the bucket back down to me. After Clark gotdown, he took over CPR on Craig. The more CPR we did on craigit seemed the bigger his stomach got. Every time I breathedfor him, his stomach just kept swelling on us and nothing cameback out. All I could hear was him gurgling. Then finallythe ambulance got there and they took over. That's all I know.

Greg Morgan: If you would for me Densil, tell me who was atthe scene.

LVRECC Employee Craig N. Lykins PatalityAugust 21, 1992 Transcript of LVRECC Employee Densil WheelerPage 03 of 04

Densil Wheeler: Sir, I'm not really sure, there was two men inthe one ambulance. When they saw it was bad they called forassistance, then there was two more that came in the otherambulance.

Greg Morgan: Do you know where the ambulance came from2

Densil Wheeler: I don't know. (Larry R. Easterling answeredMagoffin County). It took them about eight (8) or ten (10)minutes to get there I would say.

Greg Morgan: Was there anybody else at the site of theaccident'? Anybody from any of the houses2

Densil Wheeler: Not when i.t happened.

Greg Morgan: Did somebody come down later'

Densil Wheeler: Yes, there was a man that ran down later andasked me if he could do anything. I told him if didn't care togo down and watch for the ambulance at the end of the road.

Greg Morgan: Did he come from the houses at the end of theline'

Densil Wheeler: Yes, the one where we just added the two spanprimary on.

Greg Morgan: If you would, please tell me the names of thepeople who were with you at. the job site, and list your ownname, please.

Densil Wheeler: My name is Densil Wheeler. Clark Phipps andCraig Lykins.

Greg Morgan: And what was the job that you were supposed to do'that day?

Densil Wheeler: We was to build a two-span primary and add anA-1 in a low clearance line right below where we added the two-span primary.

Greg Morgan: What was the voltage for the line?

Densil Wheeler: 7200 volts.

LVRECC Employee Craig N. Lykins PatalityAugust 21, 1992 Transcript of LVRECC Employee Densil WheelerPage 04 of 04

Greg Morgan: What time did the accident occur7

Densil Wheeler: Somewhere around 3:30 to 3:45 p.m.

Greg Morgan: How long was it from the time of the contactuntil you called for help?

Densil Wheeler: Maybe thirty (30) seconds.

Greg Morgan: How long was it from the time of the contactuntil you started CPR?

Densil Wheeler: Maybe one (1) minute at the most.

Greg Morgan: Alright Densil, I appreciate it very much, yougoing though this. Robert, do you have questions for Densi17

Robert Ueltschi: No.

Greg Morgan: Does anyone else have any questions for Densil?Anything else you want to add Densil?

Densil Wheeler: That's all I know.

TPr, ~~,T(„' T . r?MAIN STREETP.O. DRAWER 605WEST LIBERTY, KY 41472

ATTACHMENT E

BILL DUNCANCeneral Manager

LVRECC Employee Craig N. Lykins FatalityDate: Thursday, August 20, 1992Location."Middle Fork, Magoffin County, KentuckyApproximate Time: 3:30 to 3:45 p.m.

Transcript of Clark C. Phipps interview held Thursday,August. 27, 1992, at the Licking Valley Rural ElectricCooperative Corporation (hereinafter referred to as LVRECC)Malone Warehouse Office. Present for the interview were LVRECCGeneral Manager Bill Duncan anrl LVRECC Operations SupervisorLarry R. Easterlinq.Clark C. Phipps was asked to describe in his own words what hadtranspired at the accident site.Clark C. Phipps: We was going to add an A-1 in a line to raiseit higher for clearance. We had just finished a two spanprimary. When we qot through 1 told the boys that I would pulldown and let them back down. I pulled my truck down and stoppedwhere I thought I should be, got out put my stiff legs down.Craig was backing the truck down and I stopped them where Ithought they should be. They was preparing to dig the holethen about this time a school bus pulled up in front of mytruck. I had to qo around and talk to the woman. I asked her,show many do you have" and she said, nthree". I said, "well,it will take us a while to move both of these trucks so if itwill be okay with you, I'l just walk them on up. She said,"okay". So they qot off, two girls and a little boy, and Iwalked them around the side of the line truck then up above thenext house. Their Mom was on the porch so I didn't go all theway. She was looking so I just waived at her because we hadbeen working there all day. I went back behind the truck andthe boys had the auger down under the telephone cable, but thecable was laying on the top of the boom. I told them I wouldget my stuff, all I needed, and go up into the bucket to raisethe cable up a little. I got my stuff and Craig said, ndo youneed anything else?" I said, eyes, get my sleeves". I gotinto the bucket. Craig got my sleeves and pitched them up tome and I hung them astraddle the bucket. He (Craig) said,

LVRECC Employee Craig N. Lykins FatalityAugust 22, 1992 Transcript of LVRECC Employee Clark C. PhiPpsPage 02 of 03

"do you need your rubber gloves?" I said, "no, I have myrubber gloves", because I keep them on the side of the boomwhen it's not raining. If they'e inside the truck sometimeshe will get them. I went up in the bucket, raised the boom up,got a hold of the cable and pulled it over. I told Densil whenwe get ready to set the pole we have to set the pole on theother side and 1 told him I would pull the cable back over andlay it back on the boom out of the way so it won't hit thephase. So I just raised the television cable back over and upenough for them to work the boom. They dug the hole, put theauger up, swung the boom around. Densil let the cable off, putit on the pole, brought the pole off the truck and the poledipped to the ground. It started hitting a little televisioncable pole on the right side so Densil raised the boom up. Iwas in the same position watching them. He (Densil) just keptraising it up until he cleared the television cable pole. Isaid, "well, you'e cleared, bring it around and lay it on theground", the boom swung around. So when the boom swung around,to me it looked like there were plenty clearance, three footprobably from the line straight down beside the truck panel. Ithought that was as far as we were going. I started raisingmy television cable on up a little higher, looked both ways tomake sure I didn't get it into something. I was looking downat the pole hole all this time, then back and forth making sureI had enough clearance for them to swing the boom back aroundto get it under the line. Sometime during this I heard Craigyell, not very loud, just a little "oh". I looked around andDensil said we got the cable into the phase. He must havejumped from the truck. He said for me to get the line hose on,or rubber gut as we call them. I grabbed my rubber gloves andput them on, I saw the cable against the line and figured thefuse may have blown at the mouth of the branch. I slid theline hoes on and pushed it against the cable then startedbacking back. I was watching Craig, he walked over stood therelooking at me and I thought at one time I heard him say, "whatare you boys doing?" I thought he may have got shocked alittle. All the time I was back in the back and I was watchinghim. He sat down and just started leaning over a little. Isaid Densil call down there and tell them to get an ambulanceup here. Densil got in the truck, I was still moving along alittle at the time. Then he said, "where are we at?" At thetime I couldn't think and I said look at the work order. Thenit came to me and I said, "the first hollow below the MiddleFork School." Then I started coming on down. Densil jumpedout of the truck. I saw Craig was laying on over told Densilto see if he (Craig) needed some air. Densil ran to Craig. I

LVRECC Employee Craig N. Lykins FatalityAugust. 27, 1992 TranscriPt of LVRECC EmPloyee Clark C. Ph'ippsPage 03 of 03

come on down and ran to him (Craig). I told Densil to get mymouth piece (CPR mask) and I tried to give him air and chestcompressions (cpR), but I couldn't get a response. Densilkept saying, "Clark, there's no use, no use." I said, "Densil,we'e got to try." Finally we just give up.

Bill Duncan: Larry do you have anything to ask7

Larry R. Easterling: No.

Bill Duncan: This was a 7200 volt line2

Clark C. Phipps: Yes, a 7200 volt line. And I feel it's allmy fault because normally I go up, take the phase up and getit out of the way. The television cable, I was just trying tohelp the boys get in under it because it was so low.

Bill Duncan: Clark, how many years have you worked at LickingValley RECC?

Clark C. Phipps: I believe this September it will be twentyyears.Bill Duncan: Do you have anything else you would like to add7

Clark C. Phipps: No.

Bill Duncan: Clark, thank you.

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