Indiana regulators ban IPL tree trimming on private land

December 14, 2009

By John Tuohy
john.tuohy@indystar.com

http://www.in.gov/iurc/" target="_blank">The Indiana Utility Regulatory Commission has temporarily stripped Indianapolis Power and Light of its unique written permission to go on private property to raze and snip trees.

“This is very good news,” said Jerry Baker, a resident of Traders Point who helped spearhead citizen opposition to what he calls aggressive tree trimming practices. “This shows that they are listening.”

The IURC found that only IPL has a written clause in its charter, or tariff, to trim and destroy private trees if it thinks it’s necessary to keep electricity flowing. The state’s four other utilities, the IURC suggested, operate just as efficiently without the controversial tool.

“It does not appear that such a provision is necessary for public utilities to provide electric service,” the IURC said in its ruling last Thursday. It found it “to be without authority granted by statute or Commission rule.”

The immediate effect of the temporary suspension was unknown but Baker said it could expose the utility to lawsuits.

“That provision was put in there was for legal cover,” Baker said. “They go in, knock all the trees down, and then say they are allowed to by the provision.”

IURC spokeswoman Danielle McGrath said the order does not bar IPL from still going onto private property, because all utilities are allowed to do so to a certain degree. But it does force them “to the language from their policy and make them operate as any other utility.”

The IURC has been investigating tree trimming in Indiana since April. The probe is scheduled to end in a few months.

An IPL spokeswoman refused to comment.