WSR 98-16-011

PREPROPOSAL STATEMENT OF INQUIRY

UTILITIES AND TRANSPORTATION

COMMISSION

[Commission's Docket No. UG-980962--Filed July 24, 1998, 3:20 p.m.]



Subject of Possible Rule Making: Natural Gas Pipeline Safety - examine the need to adopt existing federal rules for liquefied natural gas facilities and gas pipeline amendment by reference to bring state rules into conformity with existing federal rules. Review of rule WAC 480-93-010 pursuant to the Governor's Executive Order 97-02 on Regulatory Improvement.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 80.01.040, chapter 450, Laws of 1985; RCW 80.04.160, chapter 14, Laws of 1961; RCW 80.28.210, chapter 210, Laws of 1969; and Federal Pipeline Safety Law, 49 U.S.C. § 60101, et seq.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The commission has been certified by the United States Department of Transportation - Office of Pipeline Safety (OPS). The commission has assumed jurisdiction for safety regulation of natural gas and liquefied natural gas facilities, and is therefore required to incorporate federal standards into its safety regulations in order to maintain certification under the Pipeline Safety Law, 49 U.S.C. § 60105, et seq.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The OPS is charged by federal law to regulate liquefied natural gas facilities and gas pipeline companies. OPS has certified the commission to assume that responsibility for intrastate gas facilities. The commission will contact the Department of Ecology and the Energy Facility Site Evaluation Council for their input and suggestions.

Process for Developing New Rule: Agency study; and the commission will call for written comments and provide the opportunity for comments. The commission will schedule if necessary an informal workshop with interested persons in a manner designed to develop consensus on any rule proposal.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting the Secretary, Washington Utilities and Transportation Commission, P.O. Box 47250, Olympia, WA 98504-7250, (360) 664-1160, fax (360) 586-1150. Such persons may submit comments, as specified below, or may ask to be included in the commission's list of interested persons for the proceeding.

Written Comments: Written comments in response to the CR-101 from persons interested in the subject matter of this proposed rule making may be filed with the commission secretary, referencing Docket No. UG-980962, not later than August 26, 1998. All commenters are asked, but not required, to file an original and 10 copies of their written comments. The commission also requests, but does not require, that comments be provided on a 3 1/2 inch IBM formatted high-density disk, in WordPerfect version 51. [5.1], 6.0 or 6.1, labeled with the docket number of this proceeding, the title of the submission, the commenter's name, and the type of software used. The commission may file additional opportunities to provide written comments. Interested persons may file additional written comments in response to any such invitation. After reviewing comments and levels of interest, commission staff will determine whether a workshop would assist in the sharing of information or the discussion of interests. Interested persons may also attend and participate in any such workshop. The commission will provide written notice of any preproposal workshops, and of all future phases of this proceeding, to all commenters and to any other persons specifically asking to receive notice in this rule-making proceeding.

July 22, 1998

Terrence Stapleton

for Carole J. Washburn

Secretary

Legislature Code Reviser

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