F FAC T S H E E T March 2015 Unmanned Aerial Vehicle (Drone) Use In Public Power Utility Operations Summary Unmanned aerial vehicles, also known as “drones,” are aircraft operated with no human pilot aboard. Drones have the potential to be very useful to public power utilities in assessing storm damage, surveying distribution and transmission equipment, and supporting construction and repair. Federal Aviation Administration (FAA) rules have effectively grounded drones except for entities obtaining special permits and waivers. A new proposed rule provides some relief, but is crafted so narrowly as to preclude many of the operations for which drones would provide the most cost benefit. The American Public Power Association (APPA) believes the FAA should take greater steps to facilitate drone use by governmental jurisdictions, including public power utilities. Background Drones are aircraft operated with no human pilot aboard. These can include autonomous aircraft and remotely-piloted aircraft. Autonomous drones are not yet technologically developed enough for safe commercial use, but remotely-piloted drones are more developed, with the FAA estimating that as many as 7,500 small commercial drones will be in use by 2018. Drones show particularly cost-effective potential for use by electric power utilities. In a series of flight tests, the Electric Power Research Institute (EPRI) found that drones can be used effectively to assess storm damage on utility distribution and transmission systems. APPA members are also investigating the use of drones in routine surveys of electric power equipment and support of construction and repair. However, the FAA and federal aviation rules have failed to keep pace with this new technology. Except for a few hundred waivers and exemptions granted to some commercial operators and governmental jurisdictions, PublicPower.org the FAA has imposed a virtual lockdown on commercial drone use. In fact, San Diego Gas & Electric is the only electric power utility in the nation to have received a waiver from the FAA to test drone use in responding to emergencies and routine inspection of electric and gas lines in remote areas. Generally, rules governing the use of aircraft by governmental jurisdictions and private (civil) operators are different. Government-operated (public) aircraft must comply with federal airspace and air-traffic rules, but generally are exempt from civil airworthiness and airman certification requirements. This exemption has eased the use of traditional aircraft by governmental entities. However, the exemption for governmental jurisdictions from such requirements is essentially erased for drone operations because drones cannot, by definition, meet certain airspace rules. For example, a pilot is required to scan the sky from the cockpit to “see and avoid” other aircraft. Because the drone cannot meet the see-and-avoid rule, the FAA has required governmental entities to obtain an FAA-issued Certificate of Waiver or Authorization (COA) to operate drones. The process is complicated and unpredictable, with successful applications still resulting in extreme requirements for the operator. Roughly 400 COAs are currently in effect—a handful considering there are more than 40,000 cities and counties in the U.S. Congressional Action The FAA Modernization and Reform Act of 2012 required the FAA to develop a plan to integrate civil unmanned aerial vehicles into the national airspace system and simplify the process for state and local governmental entities seeking a COA. The FAA on February 15, 2015, proposed rules providing clear guidelines for civil operations of drones weighing less than 55 pounds, operated within eyesight of the operator, operated only Unmanned Aerial Vehicle (Drone) Use in Public Power Utility Operations during daylight hours, and flown by “operators” vetted by the Transportation Security Administration and who have passed an FAA-approved aeronautical test. These rules would not change the COA process, but governmental entities could apply to have their operations regulated by these civil drone rules, rather than operating under a COA. The option to adopt these civil drone rules would be of little use in many of the operations where drones would be of most use to public power utilities, including surveying and assessing equipment in remote locations and aiding operations which occur outside daylight hours. Senator Charles Schumer (D-NY) praised the new rules as a good first step, but said they needed to be improved. In a February 19, 2015, letter to FAA Administrator Michael Huerta, Senator Schumer said the line-of-sight rule “could significantly hinder the potential use for (drones) in many commercial usages (including) infrastructure monitoring.” Senator Schumer also recommended that commercially operated drones could and should be required to include software and firmware coupled with global positioning satellite (GPS) PublicPower.org data to enforce maximum flight height requirements and prevent drones from entering restricted airspaces. Finally, he also urged that privacy guidelines for drones should also be included. APPA Position APPA believes drones could be beneficial to the operation of public power utilities, including for surveying electric power equipment, assessing damage, and aiding in construction and repair. FAA regulations and federal aviation laws have failed to keep pace with this emerging technology and its use by governmental jurisdictions. FAA regulations and federal aviation laws should facilitate, not impede, the responsible use of drones by public power utilities. APPA Contacts John Godfrey, Government Relations Director, 202-467-2929 / jgodfrey@publicpower.org
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