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O-Pen Device on a 3 phase PME distribution network

Hi All,

Please can someone advise on installing an O-pen device that complies with Reg 722.411.4.1 (iv) on a 3 phase installation as the wording in amendment 2 has changed with the words 'in a single phase installation' now been removed. 

My understanding from the CoP 4 was that the potential issue was that this devise will detect most conditions that arise through a break in the PEN, but when installed on a supply from a 3 phase PME distribution network there are a small number of conditions in which the line to neutral voltage appears to be within the normal utilization voltage range but the voltage on the PME earthing system has risen above 70 V rms. 

Does this therefor mean that BS 7671 now consider this to no longer be a potential risk or is the risk so small, they don't deem it requires any further precaution? Surely there is still a risk this device wont detect the break and operate as required??

And going forward, can we then assume that installing an EVSE with integral O-Pen protection that complies with indent (iv) is now perfectly acceptable on a 3 phase PME distribution network?

Regards

Mark