1 STATUTORY OR OTHER AUTHORITY: The Washington Utilities and Transportation Commission takes this action under Notice No. WSR 05-02-096, filed with the code reviser on January 5, 2005, and Continuance Notice No. WSR 05-06-064, filed with the code reviser on March 1, 2005. The commission brings this proceeding pursuant to RCW 80.04.160, 80.28.210, and 80.01.040.

     2 STATEMENT OF COMPLIANCE: This proceeding complies with the Administrative Procedure Act (chapter 34.05 RCW), the State Register Act (chapter 34.08 RCW), the State Environmental Policy Act of 1971 (chapter 43.21C RCW), and the Regulatory Fairness Act (chapter 19.85 RCW).

     3 DATE OF ADOPTION: The commission adopts these rules on the date that this order is entered.

     4 CONCISE STATEMENT OF PURPOSE AND EFFECT OF THE RULE: RCW 34.05.325(6) requires that the commission prepare and provide to commenters a concise explanatory statement about an adopted rule. The statement must include the identification of the commission's reasons for adopting the rule, a description of the differences between the version of the proposed rules published in the register and the rules as adopted (other than editing changes), a summary of the comments received regarding the proposed rule changes, and the commission's responses to the comments, reflecting the commission's consideration of them.

     5 The commission often includes a discussion of those matters in its rule adoption order. In addition, most rule-making proceedings involve extensive work by commission staff that includes summaries in memoranda of stakeholder comments, commission decisions, and staff recommendations in each of those areas.

     6 In this docket, to avoid unnecessary duplication, the commission designates the discussion in this order as its concise explanatory statement, supplemented where not inconsistent by the staff memoranda presented at the adoption hearing and at the open meetings where the commission considered whether to begin the rule making and whether to propose adoption of specific language. Together, the documents provide a complete but concise explanation of the agency's actions and its reasons for taking those actions.

     7 REFERENCE TO AFFECTED RULES: This order repeals, amends, or adopts the following sections of the Washington Administrative Code: Repealing WAC 480-93-002 Application of rules, 480-93-010 Compliance with federal standards, 480-93-030 Proscribed areas, 480-93-082 Qualification of employees, 480-93-111 Noncathodically protected gas facilities, 480-93-112 Corrosive condition investigation, 480-93-120 Exposed pipelines, 480-93-150 Station maintenance, 480-93-183 Pipeline and system pressure reporting, 480-93-184 Gas leak responsibility, 480-93-190 Being aware of construction work near gas company facilities, 480-93-210 Interruptions to service and 480-93-220 Rule of precedence; amending WAC 480-93-005 Definitions, 480-93-015 Odorization of gas, 480-93-017 Filing requirements for design, specification, and construction procedures, 480-93-018 Maps, drawings, and records of gas facilities, 480-93-020 Proximity considerations, 480-93-040 Location of gas compressor stations on gas pipelines, 480-93-080 Welder and plastic joiner identification and qualification, 480-93-100 Valves, 480-93-110 Corrosion control, 480-93-115 Casing of pipelines, 480-93-124 Pipeline markers, 480-93-130 Multistage pressure regulation, 480-93-140 Service regulators, 480-93-155 Increasing maximum allowable operating pressure, 480-93-160 Reporting requirements of proposed construction, 480-93-170 Tests and reports for pipelines, 480-93-175 Moving and lowering metallic gas pipelines, 480-93-180 Plan of operations and maintenance procedures; emergency policy; reporting requirements, 480-93-185 Gas leak investigation, 480-93-186 Leak evaluation, 480-93-18601 Leak classification and action criteria -- Grade -- Definition -- Priority of leak repair, 480-93-187 Gas leak records, 480-93-188 Gas leak surveys, 480-93-200 Reporting requirements for operators of gas facilities, 480-93-223 Civil penalty for violation of RCW 80.28.210, 480-93-230 Exemptions from rules in chapter 480-93 WAC and WAC 480-93-999 Adoption by reference; and adopting WAC 480-93-007 Application of rules, 480-93-008 Additional requirements, 480-93-009 Severability, 480-93-012 Computation of time, 480-93-013 Covered tasks, and 480-93-178 Protection of plastic pipe.

     8 PREPROPOSAL STATEMENT OF INQUIRY AND ACTIONS THEREUNDER: The commission filed a preproposal statement of inquiry (CR-101) with the code reviser on August 9, 2001, at WSR 01-17-048. The statement advised interested persons that the commission was considering entering a rule making concerning safety rules for gas pipelines.

     9 ADDITIONAL NOTICE AND ACTIVITY PURSUANT TO PREPROPOSAL STATEMENT: The commission also informed persons of the inquiry into this matter by providing notice of the subject and the CR-101 to all persons on the commission's list of persons requesting such information pursuant to RCW 34.05.320(3) and the commission's lists of all gas pipelines operating in the state, persons interested in gas companies, pipeline safety, and regulatory rule makings, as well as to attorneys representing these companies or persons.

     10 Pursuant to the notice, the commission received comments from Puget Sound Energy (PSE), Avista Utilities (Avista), Cascade Natural Gas (Cascade), Northwest Natural Gas Company (Northwest Natural), Energy Advocates LLP, representing the Northwest Industrial Gas Users (NWIGU), and Mr. Harry Skinner with Sumas Mountain Pipeline Safety Association. The commission engaged in three stakeholder meetings in September 2001, February 2003, and December 2003 to address stakeholder comments and discuss a variety of proposed changes to the gas pipeline safety rules.

     11 On April 6, 2004, the commission sent a set of draft rules to stakeholders and requested responses to a small business economic impact statement questionnaire. PSE, Cascade, and Camas Mills (Georgia Pacific) responded to the questionnaire.

     12 NOTICE OF PROPOSED RULE MAKING: The commission filed with the code reviser a notice of proposed rule making (CR-102) on July 21, 2004, at WSR 04-15-141, scheduling the matter for oral comment and adoption on October 27, 2004. The notice provided interested persons the opportunity to submit written comments to the commission by August 27, 2004. On October 18, 2005, at WSR 04-21-048, the commission filed a continuance of WSR 04-15-141, rescheduling the matter for oral comment and adoption for February 9, 2005. On January 5, 2005, at WSR 05-02-096, the commission filed a supplemental notice to WSR 04-15-141, notifying interested persons of changes to the rules proposed at WSR 04-15-151 and scheduling the matter for oral comment and adoption on March 16, 2005. The notice provided interested persons the opportunity to submit written comments to the commission by January 28, 2005. On March 1, 2005, at WSR 05-06-064, the commission filed a continuance of WSR 05-02-096, rescheduling the matter for oral comment and adoption under Notice No. WSR 05-02-096 at 1:30 p.m., Thursday, March 31, 2005, in the Commission's Hearing Room, Second Floor, Chandler Plaza Building, 1300 South Evergreen Park Drive S.W., Olympia, WA.

     13 COMMENTERS (WRITTEN COMMENTS): The commission received written comments from Industrial Gas Services, Inc., NWIGU, PSE, Avista, Northwest Natural, Cascade, the City of Ellensburg, the City of Renton, and Raymond A. Allen in response to the rules proposed at WSR 04-15-151. The commission received written comments from Mr. Allen, Cascade, and PSE in response to the supplemental notice of rules proposed at WSR 05-02-096. The commission received written comments from Tony Smith, Welding Coordinator, UA Local 32, Don Davis, Master Builders Association of King and Snohomish Counties, and Northwest Natural prior to the adoption hearing on March 31, 2005.

     14 RULE-MAKING HEARING: The rule proposal was considered for adoption, pursuant to the notices in WSR 05-02-096 and 05-06-064, at a rule-making hearing scheduled during the commission's regularly scheduled open public meeting on March 31, 2005, before Chairman Mark H. Sidran and Commissioners Patrick J. Oshie and Philip B. Jones. The commission heard oral comments from Sondra Walsh, Senior Policy Strategist, representing commission staff, Jim Hogan, Manager of Standards and Compliance, representing PSE, Trent Matsen, representing the Building Industry Association of Washington (BIAW), and Chad Stokes, representing NWIGU.

     15 SUGGESTIONS FOR CHANGE THAT ARE REJECTED:

     WAC 480-93-005 Definitions. PSE suggests that the word "vented" be deleted from the term "Gas associated substructures." The commission does not accept PSE's proposed change because if the word "vented" is deleted from the definition, the definition would include inaccessible casings that operators could not test or read.

     WAC 480-93-015 Odorization of gas. NWIGU suggests that this proposed rule be amended to require that "sniff" tests be performed every other month. The commission does not accept the proposed change because monthly odorization tests provide additional safety to pipelines in Washington state, while adding very little additional cost to operators.

     WAC 480-93-080 Welder and plastic joiner identification and qualification. Northwest Natural suggests deleting subsection (2)(c) from the proposed rule. This subsection is written to clarify and ensure compliance with 49 C.F.R. § 192.285(c). Subsection (2)(c) merely restates the measures an operator must take to avoid having to requalify persons annually who join plastic pipe.

     PSE suggests deleting subsections (1)(b) and (c) of the proposed rule arguing they are duplicative of requirements in subsection (1). These subsections clarify that operators must use proper equipment when qualifying a welding procedure or welder using an approved welding procedure, and provide that the actual welding variables must be measured and recorded. While API Standard 1104 and ASME Section IX require that welding be performed within the specified ranges outlined in welding specifications and procedures, they do not specifically address the use of measuring devices to confirm compliance. Not all operators use the necessary equipment to ensure that welders are staying within the specified ranges. The commission does not accept the proposal because the subsections are not duplicative of requirements in subsection (1).

     WAC 480-93-110 Corrosion control. PSE suggests deleting subsection (2) of this proposed rule because it duplicates 49 C.F.R. § 192.491. The commission does not accept PSE's suggestion because the subsection requires operators to provide more detailed documentation of remedial actions than the federal rule.

     PSE also recommends that an additional thirty days for remediation be included in subsection (2). The proposed rule adds thirty days to the required ninety-day requirement to remediate. Because this is a reasonable timeframe for an operator to acquire a permit, the commission does not accept PSE's proposal to add thirty more days.

     WAC 480-93-155 Increasing maximum allowable operating pressure. PSE suggests that a "summary" of the procedure for conducting an uprate is sufficient. (An "uprate" occurs when a pipeline is authorized to operate at a pressure higher than previously authorized.) The proposed rule clarifies that operators provide for commission review the actual documentation pertaining to the parameters of the uprate. The commission does not accept PSE's proposal because a summary is not sufficient for the commission to properly evaluate an uprate request.

     WAC 480-93-160 Reporting requirements of proposed construction. The mayor of the city of Renton suggests that the proposed rule should contain language requiring operators to submit reports for proposed construction to local building and fire departments. While the commission understands the interests of municipalities in obtaining the proposed construction reports, we decline to include such a requirement in rule. However, the commission will work with municipalities to make available any information relating to proposed construction or pipeline activity affecting a municipality.

     WAC 480-93-170 Tests and reports for pipelines. The mayor of the city of Renton suggests that the proposed rule incorporate the names of the officials that should be contacted. The commission does not accept this proposed change because the operators are found in many different jurisdictions, and it would be difficult to name all appropriate officials in the rule.

     PSE suggests deleting subsection (3) of this proposed rule because it appears redundant with 49 C.F.R. Part 192. The commission does not accept this change. Although the requirement may appear to be redundant, it is included in the proposed rule to clarify that pressure tests must be conducted on broken service lines.

     WAC 480-93-178 Protection of plastic pipe. PSE opposes the requirement in subsection (7) of the proposed rule that requires bedding material to be rock-free unless otherwise specified by the manufacturer. The commission does not accept this change, because rock-free bedding material or bedding material that is specified by the manufacturer provides the safest protection for pipelines.

     WAC 480-93-186 Leak evaluation. Northwest Natural believes that the requirement in this proposed rule to document the perimeter of every leak area would be a significant burden that does not materially contribute to pipeline safety. Northwest Natural recommends deleting this requirement. The commission does not accept this proposed change because operators and the commission are better able to determine the stability of a leak if the operator documents the perimeter of the leak.

     PSE suggests that WAC 480-93-186 and 480-93-18601 be combined into one rule. The commission does not accept this proposed change because WAC 480-93-186 and 480-93-18601 address different concerns, and therefore it is appropriate to maintain separate requirements. WAC 480-93-186 addresses when a leak must be evaluated, while WAC 480-93-18601 addresses the procedure to evaluate, repair, and reinspect leaks, when a leak can be downgraded, and how often.

     WAC 480-93-187 Gas leak records. Northwest Natural believes that subsection (17), now identified as subsection (1)(m) of the proposed rule, is not necessary because operators have programs in place to ensure the ongoing accuracy and calibration of all equipment used for leakage detection. The commission disagrees with this proposed change. In the commission's experience, there have been continued gaps in calibration records, which operators attribute to nonusage. The requirement to supply the unique identification numbers of leak detection equipment will provide valid information needed to verify gas leak records.

     PSE requests that this proposed rule address only records of gas leak repair surveys, not all gas leaks. The commission does not accept this proposed change, because the intent of the rule is to require operators to maintain all records of gas leaks, not just records applicable to repaired leaks.

     WAC 480-93-188 Gas leak surveys. PSE opposes the requirement that instruments be tested monthly, and not to exceed forty-five days between tests, if there is no manufacturer's recommended interval. The commission does not accept this proposed change, as the requirement will generally apply to older equipment that has the potential for unreliable operation.

     WAC 480-93-200 Reporting requirements for operators of gas facilities. PSE and Northwest Natural oppose the requirement to notify the commission within two hours of evacuation of a high occupancy structure or area. The commission does not accept this proposal because an evacuation could indicate an incident is occurring. The commission needs to be informed of these events.

     Cascade and PSE both suggest deleting the requirement that operators must submit daily construction reports to the commission. The commission disagrees and notes that most operators currently provide the reports to the commission voluntarily. Moreover, the reports enable the commission to review and inspect an operator's daily construction activities.

     WAC 480-93-999 Covered tasks. PSE opposes including "new construction" in the definition of "covered tasks." The proposed rule makes the commission's rules more stringent than federal rules in this regard. The commission does not accept PSE's proposed change because operators should apply current safety requirements during pipeline construction, not just after the pipeline is in operation.

     16 COMMISSION ACTION: After considering all of the information regarding this proposal, the commission finds and concludes that it should amend, repeal, and adopt the rules in the supplemental CR-102 notice at WSR 05-02-096 with the changes described below.

     17 CHANGES FROM PROPOSAL: The commission adopts the proposal noticed at WSR 05-02-096 with the following changes:

     WAC 480-93-005 Definitions. The commission makes three changes to this proposed rule: First, a definition for "enclosed space" replaces the same definition of "confined space" in the existing rule. PSE and Cascade request inclusion of the definition as the term is used in WAC 480-93-186 and WAC 480-93-18601. Second, the term "High occupancy structure or area" is placed in the correct alphabetical order. Third, the word "natural" is deleted from subsection (17)(a)(i) to properly reflect the statutory definition of "gas company" in RCW 80.04.010.

     WAC 480-93-013 Covered tasks. In the proposed rules, the commission adopts by reference certain federal rules, and includes a more stringent definition of "covered tasks" than the federal rule addressing operator qualifications, 49 C.F.R. § 192.801 (b)(2). In order to clarify that "new construction" is included in the definition of "covered tasks," the commission includes the more stringent requirement in a new rule, WAC 480-93-013, and provides a cross-reference to WAC 480-93-999 (1)(a), which adopts by reference the federal rule.

     WAC 480-93-015 Odorization of gas. Subsections (2) and (3) of this proposed rule are modified to exempt from application of the rule master meter operators who comply with federal rules on odorization, and to clarify language concerning obligations to calibrate instruments, as requested by Mr. Allen, a corrosion control engineer.

     WAC 480-93-017 Filing requirements for design, specification, and construction procedures. The commission makes typographical changes to this proposed rule.

     WAC 480-93-018 Maps, drawings, and records of gas facilities. Based on comments by PSE, subsections (1) and (2) of the proposed rule are modified to clarify language addressing records that operators must maintain and make available to the commission.

     WAC 480-93-020 Proximity considerations. As requested by PSE, the proposed rule is modified to add clarity by replacing the words "pounds per square inch" with the acronym "psig," and by removing the words "building or" prior to the term "high occupancy structure or area" to avoid redundancy. The commission makes other typographical changes.

     WAC 480-93-080 Welder and plastic joiner identification and qualification. As requested by Cascade, the term "fuses" in subsection (2)(c) of this proposed rule is deleted and replaced with the term "joints." The commission makes other typographical changes.

     WAC 480-93-100 Valves. As requested by Cascade, subsection (2) of the proposed rule is modified to clarify that valves are not required to be installed on preexisting services. The commission makes other typographical changes.

     WAC 480-93-110 Corrosion control. As requested by PSE, subsection (3) of the proposed rule is modified to read more clearly and a redundant word is deleted in subsection (2).

     WAC 480-93-124 Pipeline markers. As requested by PSE, subsections (1) and (2) of the proposed rule are modified to clarify exceptions for marking buried pipeline. The commission makes other typographical changes.

     WAC 480-93-130 Multistage pressure regulation. In response to a change requested by PSE, the words "where feasible" in the proposed rule are replaced with the words "when practical to do so." The commission makes other typographical changes.

     WAC 480-93-155 Increasing maximum allowable operating pressure. The terms "maximum allowable operating pressure" and "pounds per square inch gauge" in subsection (1) of the proposed rule have been replaced with the acronyms MAOP and psig, as requested by PSE. Other changes requested by PSE were also included, such as referring to "hoop stress" to clarify the intent of the proposed rule, and deleting the last sentence of subsection (2).

     WAC 480-93-160 Reporting requirements of proposed construction. In response to suggestions by PSE, the term "maximum allowable operating pressure" in subsection (2)(d) of the proposed rule has been replaced with the acronym MAOP, and subsection (3) has been deleted to eliminate language redundant with the last sentence of subsection (1).

     WAC 480-93-170 Tests and reports for pipelines. In response to suggestions by PSE, language in subsections (1) and (2) of this proposed rule is modified for clarity and language in subsection (10) relating to calibrating equipment is modified to be consistent with calibration language in other rules in the chapter.

     WAC 480-93-178 Protection of plastic pipe. In response to oral comments made by Mr. Hogan of PSE and Mr. Matsen of the BIAW during the March 31, 2005, adoption hearing, the second sentence of subsection (4) of this proposed rule is modified to read "Where a minimum twelve inches of separation is not possible, operators must take adequate precautions, such as inserting the plastic pipeline in conduit, to minimize any potential hazards resulting from the close proximity to the other utilities."

     WAC 480-93-180 Plan of operations and maintenance procedures; emergency policy, reporting requirements. To avoid confusion, the words "and general intent" are removed from subsection (1) of this proposed rule, as requested by PSE.

     WAC 480-93-185 Gas leak investigation. The commission makes typographical changes to subsection (1) of this proposed rule.

     WAC 480-93-186 Leak evaluation. The commission modifies the title of this proposed rule to more clearly describe the proposed rule, and has deleted the definitions of Grade 1, 2, and 3 leaks, because the leak types are defined in WAC 480-93-18601. The term "confined space" in subsection (2) is changed to "enclosed space," as requested by Cascade, and various terms in the proposed rule are modified as requested by PSE.

     WAC 480-93-18601 Leak classification and action criteria -- Grade -- Definition -- Priority of leak repair. As requested by Cascade, the term "confined space" in subsections (1)(b)(v) and (2)(e)(iv) of this proposed rule is changed to "enclosed space." The commission deletes the titles introducing subsections (1), (2) and (3) of the proposed rule and makes other typographical changes.

     WAC 480-93-187 Gas leak records. As requested by PSE, subsections (2), (3), and (4) of this proposed rule are deleted and language from these sections is included in subsection (1).

     WAC 480-93-188 Gas leak surveys. Based on concerns raised by PSE, subsections (1)(c) and (3)(b) of this proposed rule are deleted, and language in subsections (4)(a) and (b) relating to the potential for damage have been removed. The commission makes other typographical changes.

     WAC 480-93-200 Reporting requirements for operators of gas facilities. As requested by PSE, subsection (1)(b) is modified to require reporting for damage in excess of fifty thousand dollars, and the word "dwelling" in subsection (1)(c) of the proposed rule has been deleted. Language in subsection (4) is deleted and included as subsection (1)(e), and language in subsection (2)(a) is deleted and included as subsection (6)(c). The commission modifies the title to more clearly describe the proposed rule and makes other typographical changes.

     WAC 480-93-223 Civil penalty for violation of RCW 80.28.210 and commission gas safety rules. The commission modifies subsection (1)(a) of the proposed rule to reflect that the maximum civil penalty under RCW 80.28.212 for violations of this chapter, other than WAC 480-93-160 and 480-93-200 (1)(h), is twenty-five thousand dollars, rather than the five thousand dollar amount reflected in the proposed rule. The change is to correct an oversight in the drafting of the proposed rule. The commission's intent was to rewrite the existing rule for clarity, not to modify the penalty amounts in the existing rule.

     The commission also changes the references to WAC 480-93-200 (1)(e) in subsections (1)(a) and (b) to WAC 480-93-200 (1)(h) to reflect changes to WAC 480-93-200 that the commission adopts in this order.

     WAC 480-93-999 Adoption by reference. The commission modifies subsection (1)(a) of this proposed rule to reflect federal regulations in effect on October 1, 2004, and to refer to WAC 480-93-013, which provides that "new construction" is included in the definition of "covered tasks," applying more stringent requirements than the federal rule addressing operator qualifications, 49 C.F.R. § 192.801 (b)(2). The commission also modifies the language in subsections (3)(a) and (c) of the proposed rule to reflect the most current edition of the American Petroleum Institute standard 1104.

     18 STATEMENT OF ACTION; STATEMENT OF EFFECTIVE DATE: After reviewing the entire record, the commission determines that WAC 480-93-002, 480-93-010, 480-93-030, 480-93-082, 480-93-111, 480-93-112, 480-93-120, 480-93-150, 480-93-183, 480-93-184, 480-93-190, 480-93-210, and 480-93-220 should be repealed, WAC 480-93-005, 480-93-015, 480-93-017, 480-93-018, 480-93-020, 480-93-040, 480-93-080, 480-93-100, 480-93-110, 480-93-115, 480-93-124, 480-93-130, 480-93-140, 480-93-155, 480-93-160, 480-93-170, 480-93-175, 480-93-180, 480-93-185, 480-93-186, 480-93-18601, 480-93-187, 480-93-188, 480-93-200, 480-93-223, 480-93-230, and 480-93-999 should be amended, and WAC 480-93-007, 480-93-008, 480-93-009, 480-93-012, 480-93-013, and 480-93-178 should be adopted to read as set forth in Appendix A, as rules of the Washington Utilities and Transportation Commission, to take effect pursuant to RCW 34.05.380(2) on the thirty-first day after filing with the code reviser.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 6, Amended 27, Repealed 13.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
    

     20 (1) The commission repeals the following sections of chapter 480-93 WAC: WAC 480-93-002, 480-93-010, 480-93-030, 480-93-082, 480-93-111, 480-93-112, 480-93-120, 480-93-150, 480-93-183, 480-93-184, 480-93-190, 480-93-210, and 480-93-220.

     21 (2) The commission amends and adopts the following sections of chapter 480-93 WAC to read as set forth in Appendix A, as rules of the Washington Utilities and Transportation Commission, to take effect on the thirty-first day after the date of filing with the code reviser pursuant to RCW 34.05.380(2): WAC 480-93-005, 480-93-015, 480-93-017, 480-93-018, 480-93-020, 480-93-040, 480-93-080, 480-93-100, 480-93-110, 480-93-115, 480-93-124, 480-93-130, 480-93-140, 480-93-155, 480-93-160, 480-93-170, 480-93-175, 480-93-180, 480-93-185, 480-93-186, 480-93-18601, 480-93-187, 480-93-188, 480-93-200, 480-93-223, 480-93-230, and 480-93-999.

     22 (3) The commission adopts the following new sections of chapter 480-93 WAC to read as set forth in Appendix A, as rules of the Washington Utilities and Transportation Commission, to take effect on the thirty-first day after the date of filing with the code reviser pursuant to RCW 34.05.380(2): WAC 480-93-007, 480-93-008, 480-93-009, 480-93-012, 480-93-013, and 480-93-178.

     23 (4) This order and the rules set out below, after being recorded in the register of the Washington Utilities and Transportation Commission, shall be forwarded to the code reviser for filing pursuant to chapters 80.01 and 34.05 RCW and chapter 1-21 WAC.

     DATED at Olympia, Washington, this 29th day of April, 2005.

Washington Utilities and Transportation Commission

    
Mark H. Sidran, Chairman    

Patrick J. Oshie, Commissioner
    
Philip B. Jones, Commissioner

OTS-7389.4

AMENDATORY SECTION(Amending Docket No. A-010827, General Order No. R-491, filed 9/28/01, effective 10/29/01)

WAC 480-93-005   Definitions.   (((1) Bar hole - a hole that has been made in the soil or paving for the specific purpose of testing the subsurface atmosphere with a combustible gas indicator.

     (2) Building - any structure which is normally or occasionally entered by humans for business, residential, or other purposes and within which gas could accumulate.

     (3) Combustible gas indicator (CGI) - a device capable of detecting and measuring gas concentrations of the gas being transported.

     (4) Confined space - any subsurface structure of sufficient size which could accommodate a person and within which gas could accumulate, e.g., vaults, catch basins, manholes, etc.

     (5) Follow-up inspection - an inspection performed after a repair has been completed in order to determine the effectiveness of the repair.

     (6) Gas - natural gas, flammable gas, or gas which is toxic or corrosive.

     (7) Gas associated substructures - those devices or facilities utilized by a gas company which are not intended for storing, transporting, or distributing gas, such as valve boxes, vaults, test boxes, and vented casing pipe.

     (8) Gas company - the term "gas company" shall mean:

     (a) Every gas company otherwise subject to the jurisdiction of the commission under Title 80 RCW as to rates and service; and

     (b) Every person, corporation, city, or town which owns or operates a pipeline transporting gas in this state, even though such person, corporation, city, or town is not a public service company under chapter 80.28 RCW, and even though such person, corporation, city, or town does not deliver, sell, or furnish gas to any person or corporation within this state.

     (9) Gathering line - a gas pipeline which transports gas from the outlet of a well and any associated compressor to the connection with a second gathering line or with a transmission line.

     (10) Indication - a response indicated by a gas detection instrument that has not been verified as a reading.

     (11) L.E.L. - the lower explosive limit of the gas being transported.

     (12) Main - a gas pipeline, not a gathering or transmission line:

     (a) Which serves as a common source of gas for more than one service line;

     (b) Which crosses a public right of way; or

     (c) Which crosses property not owned by the customer or the gas company.

     (13) Master meter system - a pipeline system for distributing gas to more than one building within, but not limited to, a definable area, such as a mobile home park, housing project, or apartment complex, where the operator purchases metered gas from an outside source for distribution to ultimate consumers other than the system operator's immediate family through a gas distribution pipeline system.

     (14) Maximum operating pressure - a maximum pressure selected by a gas company for operation of a pipeline or segment of a pipeline, which is equal to or less than the maximum allowable operating pressure derived pursuant to 49 CFR, Part 192 on the date specified in WAC 480-93-999.

     (15) Prompt action - shall consist of dispatching qualified personnel without undue delay for the purpose of evaluating and where necessary abating an existing or probable hazard.

     (16) Reading - a repeatable deviation on a combustible gas indicator or equivalent instrument expressed in percent L.E.L. or gas-air ratio. Where the reading is in an unvented, confined space, consideration shall be given to the rate of dissipation when the space is ventilated and the rate of accumulation when the space is resealed.

     (17) Service line - a gas pipeline, not a main, gathering or transmission line, which provides service to one building. Service lines shall include gas pipelines extended from a main to provide service to one building, which traverse a public right of way or an easement immediately adjacent to a public right of way or another easement.

     (18) Transmission line - a gas pipeline which connects to an existing transmission line without pressure regulation to lower the pressure; which is downstream of the connection of two or more gathering lines; and as defined in 49 CFR, Part 192, section 192.3 on the date specified in WAC 480-93-999.

     (19) Tunnel - a subsurface passageway large enough for a person to enter and within which gas could accumulate.

     (20) Other terms which correspond to those used in 49 CFR, Parts 191, 192 and 199 (Minimum Federal Safety Standards for Gas Pipelines) shall be construed as used therein on the date specified in WAC 480-93-999.)) (1) "Bar hole" means a hole made in the soil or paving for the specific purpose of testing the subsurface atmosphere with a combustible gas indicator.

     (2) "Building" means any structure that is normally or occasionally entered by humans for business, residential, or other purposes and where gas could accumulate.

     (3) "Business district" means an area where the public regularly congregates or where the majority of the buildings on either side of the street are regularly utilized, for financial, commercial, industrial, religious, educational, health, or recreational purposes.

     (4) "CFR" means the Code of Federal Regulations.

     (5) "Combustible gas indicator" (CGI) means a device capable of detecting and measuring gas concentrations in air.

     (6) "Commission" means the Washington utilities and transportation commission.

     (7) "Enclosed space" means any subsurface structure of sufficient size that could accommodate a person and within which gas could accumulate, e.g., vaults, catch basins, and manholes.

     (8) "Follow-up inspection" means an inspection performed after a repair has been completed in order to determine the effectiveness of the repair.

     (9) "Gas" means natural gas, flammable gas, or gas that is toxic or corrosive.

     (10) "Gas associated substructures" means those devices or facilities utilized by an operator which are not intended for storing, transporting, or distributing gas, such as valve boxes, vaults, test boxes, and vented casing pipe.

     (11) "Gas company" means, as defined in RCW 80.04.010, every corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receiver appointed by any court whatsoever, and every city or town, owning, controlling, operating or managing any gas plant within this state.

     (12) "High occupancy structure or area" means a building or an outside area (such as a playground, recreation area, outdoor theater, or other place of public assembly) that is occupied by twenty or more persons on at least five days a week for ten weeks in any twelve-month period. (The days and weeks need not be consecutive.)

     (13) "Indication" means a response indicated by a gas detection instrument that has not been verified as a reading.

     (14) "LEL" means the lower explosive limit of the gas being transported.

     (15) "MAOP" means maximum allowable operating pressure.

     (16) "Master meters system" is defined as set forth in 49 CFR § 191.3.

     (17) "Operator":

     (a) For purposes of chapter 480-93 WAC, the term "operator" means:

     (i) Every gas distribution company that has tariffs on file with the commission;

     (ii) Every city or town that owns, controls, operates, or manages any gas plant in this state; and

     (iii) Every other person or corporation transporting natural gas by pipeline, or having for one or more of its principal purposes the construction, maintenance, or operation of pipelines for transporting natural gas in this state; even though such person or corporation does not deliver, sell, or furnish any such gas to any person or corporation within this state. The terms "person" and "corporation" are defined in RCW 80.04.010. "Transporting natural gas by pipeline" means transmission or distribution of natural gas through a pipe.

     (b) A single entity may qualify as an operator under one or more of the provisions of this subsection.

     (c) The term "operator" includes operators of master meter systems, as that term is defined in WAC 480-93-005.

     (18) "Prompt action" means to dispatch qualified personnel without undue delay for the purpose of evaluating and, where necessary, abating an existing or probable hazard.

     (19) "Psig" means pounds per square inch gauge.

     (20) "Public service company" is defined in RCW 80.04.010.

     (21) "Reading" means a repeatable representation on a combustible gas indicator or equivalent instrument expressed in percent LEL or gas-air ratio.

     (22) "Sniff test" means a qualitative test utilizing both threshold and readily detectable methods for determining proper concentrations of odorant.

     (23) "Transmission line" means a gas pipeline as defined in 49 CFR § 192.3 on the date specified in WAC 480-93-999.

     (24) "Weak link" means a device or method used when pulling polyethylene pipe to ensure that damage will not occur to the pipeline by exceeding the maximum tensile stresses allowed.

     (25) Other terms that correspond to those used in 49 CFR Parts 191, 192 and 199 (Minimum Federal Safety Standards for Gas Pipelines) must be construed as used therein on the date specified in WAC 480-93-999.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-93-005, filed 9/28/01, effective 10/29/01. Statutory Authority: RCW 80.01.040 and 80.28.210. 95-13-082 (Order R-427, Docket No. UG-950061), § 480-93-005, filed 6/20/95, effective 7/21/95. Statutory Authority: RCW 80.01.040. 92-16-100 (Order R-375, Docket No. UG-911261), § 480-93-005, filed 8/5/92, effective 9/5/92; Order R-100, § 480-93-005, filed 5/18/77. Formerly WAC 480-93-001.]

     (2) This chapter does not apply to customer-owned facilities, where the customer is the end user, and the customer-owned facilities are on the customer's side of the distribution meter. Customer-owned transmission lines are subject to the rules in this chapter.

     (3) This chapter does not apply to those operators of gas facilities exclusively under federal jurisdiction for compliance with pipeline safety regulations.

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     (2) The commission retains the authority to impose additional or different requirements on any operator in appropriate circumstances, consistent with the requirements of law.

[]

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     (1) "Monthly" means any time within the calendar month.

     (2) "Annually" means any time within the calendar year.

     (3) "Six months" means the same calendar date of the sixth consecutive month (e.g., January 1, to July 1, would be six months).

     (4) "Seven and one-half months" means the same calendar date of the seventh consecutive month plus an additional fifteen days.

     (5) "Fifteen months" means the same calendar date of the fifteenth consecutive month.

     (6) "Three years" means the same calendar date of the third consecutive year.

     (7) "Thirty-nine months" means the same calendar date of the thirty-ninth consecutive month.

     (8) "Five years" means the same calendar date of the fifth consecutive year.

     (9) "Ten years" means the same calendar date of the tenth consecutive year.

     (10) "Calendar year" means twelve consecutive months beginning January 1 and ending December 31.

     (11) For calendar dates that end on a weekend or holiday, the next business day shall be considered the time frame end date.

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     (2) In this section, the commission includes "new construction" in the definition of "covered task." Accordingly, for the purpose of this chapter, the commission defines a covered task that will be subject to the requirements of 49 CFR §§ 192.803 through 192.809 as an activity, identified by the operator, that:

     (a) Is performed on a pipeline facility;

     (b) Is an operations, maintenance, or new construction task;

     (c) Is performed as a requirement of Part 192 CFR; and

     (d) Affects the operation or integrity of the pipeline.

     (3) In all other respects, the requirements of 49 CFR §§ 192.801 through 192.809 apply to this chapter.

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     (4) Operators must keep all records of odorant usage, sniff tests performed, and equipment calibration for five years.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-93-015, filed 9/28/01, effective 10/29/01. Statutory Authority: RCW 80.01.040. 92-16-100 (Order R-375, Docket No. UG-911261), § 480-93-015, filed 8/5/92, effective 9/5/92.]

     (2) With the exception of emergency situations, any construction plans that do not conform with a gas company's existing and accepted construction procedures, designs, and specifications on file with the commission, must be submitted to the commission for review at least forty-five days prior to the initiation of construction activity.

[Statutory Authority: RCW 80.01.040. 92-16-100 (Order R-375, Docket No. UG-911261), § 480-93-017, filed 8/5/92, effective 9/5/92.]

     (3) Operators must update records within six months of completion of construction activity and make them available to appropriate company operations personnel.

[Statutory Authority: RCW 80.01.040. 92-16-100 (Order R-375, Docket No. UG-911261), § 480-93-018, filed 8/5/92, effective 9/5/92.]

     In requesting prior written authorization of the commission, the petitioning gas company shall certify that it is not practical to select an alternative route which will avoid such locations and further certify that management has given due consideration to the possibility of the future development of the area and has designed its facilities accordingly. The petition shall include, upon request of the commission, an aerial photograph showing the exact location of the pipeline in reference to places listed above that are within five hundred feet of the pipeline right of way.)) (1) Each operator must submit a written request and receive commission approval prior to:

     (a) Operating any gas pipeline facility at greater than five hundred psig that is within five hundred feet of any of the following places:

     (i) A building that is in existence or under construction prior to the date authorization for construction is filed with the commission, and that is not owned and used by the petitioning operator in its gas operations; or

     (ii) A high occupancy structure or area that is in existence or under construction prior to the date authorization for construction is filed with the commission; or

     (iii) A public highway, as defined in RCW 81.80.010(3).

     (b) Operating any gas pipeline facility at greater than two hundred fifty psig, up to and including five hundred psig, that is operated within one hundred feet of either of the following places:

     (i) A building that is in existence or under construction prior to the date authorization for construction is filed with the commission, and that is not owned and used by the petitioning operator in its gas operations; or

     (ii) A high occupancy structure or area that is in existence or under construction prior to the date authorization for construction is filed with the commission.

     (2) For proposed new construction of pipelines having the characteristics listed in subsection (1)(a) or (b) of this section, operators must provide documentation proving that it is not practical to select an alternate route that will avoid such locations and further provide documents that demonstrate that the operator has considered the possibility of the future development of the area and has designed their pipeline facilities accordingly.

     (3) During the review process, operators must provide maps and records to the commission showing the exact location of the pipeline and the shortest direct distance to the places described in subsection (1)(a) and (b) of this section. Upon request of the commission, the operator must provide the maintenance, construction, and operational history of the pipeline system and an aerial photograph showing the exact location of the pipeline in reference to places listed in subsection (1)(a) and (b) of this section.

[Statutory Authority: RCW 80.01.040. 92-16-100 (Order R-375, Docket No. UG-911261), § 480-93-020, filed 8/5/92, effective 9/5/92; Order R-28, § 480-93-020, filed 7/15/71; Order R-5, § 480-93-020, filed 6/6/69, effective 10/9/69.]

     (2) Gas compressor stations that are designed to operate at pressures in excess of two hundred fifty psig, and that have an installed capacity of less than one thousand horsepower must be located at least two hundred fifty feet away from any existing buildings that are not under the control of the operator.

[Order R-28, § 480-93-040, filed 7/15/71; Order R-5, § 480-93-040, filed 6/6/69, effective 10/9/69.]

     (3) Welders and plastic joiners must carry appropriate identification and qualification cards or certificates showing the name of the welder or joiner, their qualifications, the date of qualification and the operator whose procedures were followed for the qualification. Welder and plastic joiner qualification cards are subject to commission inspection at all times when qualified personnel are working on facilities subject to commission jurisdiction.

[Order R-28, § 480-93-080, filed 7/15/71; Order R-5, § 480-93-080, filed 6/6/69, effective 10/9/69.]

     (4) Operators must fully implement the requirements of subsections (2) and (3) of this section within one year of the adoption date of this rule.

[Order R-28, § 480-93-100, filed 7/15/71; Order R-5, § 480-93-100, filed 6/6/69, effective 10/9/69.]

     Whenever a gas company finds from investigation as required by 49 CFR, Part 192 in effect on the date specified in WAC 480-93-999, that cathodic protection of gas pipelines is not needed, the company shall submit to the commission a report setting forth good and sufficient reasons why such protection is not required. The report shall include the results of soil tests and other supporting data.)) (1) Operators must record and retain a record of each cathodic protection test, survey, or inspection required by 49 CFR Subpart I, and chapter 480-93 WAC. Records of each test, survey, or inspection must be kept for a minimum of five years except those specified in 49 CFR § 192.491(c) requiring retention for the life of the facility.

     (2) Each operator must complete remedial action within ninety days to correct any cathodic protection deficiencies known and indicated by any test, survey, or inspection. An additional thirty days may be allowed for remedial action if due to circumstances beyond the operator's control it is not possible to complete remedial action within ninety days. Each operator must be able to provide documentation to the commission indicating that remedial action was started in a timely manner and that all efforts were made to complete remedial action within ninety days. (Examples of circumstances allowing operators to exceed the ninety-day time frame include right of way permitting issues, availability of repair materials, or unusually long investigation or repair requirements.)

     (3) Cathodic protection equipment and instrumentation must be maintained, tested for accuracy, calibrated, and operated in accordance with the manufacturer's recommendations. When there are no manufacturer's recommendations, then instruments must be tested for accuracy at an appropriate schedule determined by the operator.

     (4) Each operator's procedures manual must have written procedures explaining how cathodic protection related surveys, reads, and tests will be conducted. Examples of such procedures include, but are not limited to, how to determine IR drop (as defined in 49 CFR § 192 Appendix D), how to conduct electrical surveys, how to test casings for electrical isolation, how to test casings for shorted conditions, and how to measure and interpret 49 CFR § 192 Appendix D criteria.

     (5) Operators must conduct inspections or tests for electrical isolation between metallic pipeline casings and metallic pipelines at least once annually, but not to exceed fifteen months between inspections or tests. The test or inspection must also determine whether the pipeline has adequate levels of cathodic protection at the casing to pipeline interface. These requirements do not apply to unprotected copper inserted in ferrous pipe.

     (a) For each casing installed prior to September 5, 1992, that does not have test leads, the operator must be able to demonstrate that other test or inspection methods are acceptable and that test lead wires are not necessary to monitor for electrical isolation and adequate cathodic protection levels.

     (b) Whenever electrical isolation tests or inspections indicate that a possible shorted condition exists between a casing and a pipeline, the operator must conduct a follow-up test within ninety days to determine whether an actual short exists. The operator's procedures manual must have a level or threshold that would indicate a potential shorted condition and must also detail the method of determining whether the casing is actually shorted to the pipeline.

     (c) The operator must clear the shorted condition where practical.

     (d) Whenever a short exists between a pipeline and casing, the operator must perform a leak survey within ninety days of discovery and at least twice annually thereafter, but not to exceed seven and one-half months between leak surveys until the shorted condition is eliminated.

     (6) Operators must record the condition of all underground metallic facilities each time the facilities are exposed.

     (7) Operators must have a written program to monitor for indications of internal corrosion. The program must also have remedial action requirements for areas where internal corrosion is detected.

     (8) On all cathodically protected pipelines, the operator must take a cathodic protection test reading each time an employee or representative of the operator exposes the facility and the protective coating is removed.

     (9) Each operator must have a written atmospheric corrosion control monitoring program. The program must have time frames for completing remedial action.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-93-110, filed 9/28/01, effective 10/29/01. Statutory Authority: RCW 80.01.040. 92-16-100 (Order R-375, Docket No. UG-911261), § 480-93-110, filed 8/5/92, effective 9/5/92; Order R-28, § 480-93-110, filed 7/15/71; Order R-5, § 480-93-110, filed 6/6/69, effective 10/9/69.]

     (4) Whenever an operator installs a service line in a casing or conduit, the operator must seal the casing at the end nearest the building wall to prevent or slow the migration of gas towards the building in the event of a leak.

[Statutory Authority: RCW 80.01.040. 92-16-100 (Order R-375, Docket No. UG-911261), § 480-93-115, filed 8/5/92, effective 9/5/92.]

     (6) Operators must have maps, drawings or other sufficient records indicating class locations and other areas where pipeline markers are required.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-93-124, filed 9/28/01, effective 10/29/01. Statutory Authority: RCW 80.01.040. 92-16-100 (Order R-375, Docket No. UG-911261), § 480-93-124, filed 8/5/92, effective 9/5/92.]

[Order R-28, § 480-93-130, filed 7/15/71; Order R-5, § 480-93-130, filed 6/6/69, effective 10/9/69.]

     (2) Operators must inspect and test service regulators and associated safety devices during the initial turn-on, and when a customer experiences a pressure problem. Testing must include determining the gas regulator's outlet set pressure at a specified flow rate. Operators must use pressure gauges downstream of the regulator during testing. Safety devices such as fracture discs are not required to be tested.

[Statutory Authority: RCW 80.01.040. 92-16-100 (Order R-375, Docket No. UG-911261), § 480-93-140, filed 8/5/92, effective 9/5/92; Order R-28, § 480-93-140, filed 7/15/71; Order R-5, § 480-93-140, filed 6/6/69, effective 10/9/69.]

     The plan shall conform with the requirements of 49 CFR, Part 192 in effect on the date specified in WAC 480-93-999.)) (1) At least forty-five days before uprating to a MAOP greater than sixty psig, each operator must submit to the commission for review a written plan of procedures including all applicable specifications with drawings of the affected pipeline systems. At a minimum, the plan must include the following:

     (a) A list of all affected gas facilities, including pipes, fittings, valves, and other affected equipment, with the manufacturer's specified maximum operating pressure limits, their specified minimum yield strength (SMYS) at the intended MAOP, and any other applicable specifications or limitations;

     (b) Original design and construction standards;

     (c) Original pressure test records;

     (d) Previous operating pressures identifying the dates and lengths of time at that pressure;

     (e) Records of all leaks, regardless of cause, and the dates and methods of repair;

     (f) Where the pipeline is being uprated to a MAOP that produces a hoop stress of twenty percent or more of the SMYS, records of the original welding standards and welders;

     (g) Maintenance records of all affected regulator stations and system relief valves for the past three years or three most recent inspections, whichever is longer;

     (h) Where applicable, relief valve capacities at the proposed MAOP compared to regulator flow capacities, with calculations;

     (i) Cathodic protection readings of the affected pipeline and facilities, including rectifier readings, for the past three years or three most recent inspections, whichever is longer; and

     (j) Any additional information that the commission may deem necessary to evaluate the pressure increase.

     (2) Uprates must be based on a previous or current pressure test that will substantiate the intended MAOP.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-93-155, filed 9/28/01, effective 10/29/01. Statutory Authority: RCW 80.01.040. 92-16-100 (Order R-375, Docket No. UG-911261), § 480-93-155, filed 8/5/92, effective 9/5/92.]

     (2) Every gas company shall on the fifteenth day of each month submit a report to the commission setting forth the progress of such construction or major reconstruction as of the end of the preceding month.)) (1) Each operator must file a proposed construction report with the commission at least forty-five days prior to construction or replacement of any segment of a gas transmission pipeline equal to or greater than one hundred feet in length. Emergency repairs are exempt from this section.

     (2) The report must describe the proposed route and the specifications for the pipeline and must include, but is not limited to, the following items:

     (a) Description and purpose of the proposed pipeline;

     (b) Route map showing the type of construction to be used throughout the length of the line, and delineation of class location as defined in 49 CFR Part 192.5, and incorporated boundaries along the route;

     (c) Location and specification of principal valves, regulators, and other auxiliary equipment to be installed as a part of the pipeline system to be constructed. The operator must submit aerial photographs upon request;

     (d) MAOP for the pipeline being constructed;

     (e) Location and construction details of all river crossings or other unusual construction requirements encountered en route, e.g., places where pipe will be exposed or it is impractical to provide required cover, bridge crossings, lines to be laid parallel to railroads or state highways, including encroachments, and any other areas requiring special or unusual design and construction considerations;

     (f) Proposed corrosion control program to be followed including specifications for coating and wrapping, and the method to ensure the integrity of the coating using holiday detection equipment;

     (g) Welding specifications; and

     (h) Bending procedures to be followed if needed.

[Order R-28, § 480-93-160, filed 7/15/71; Order R-5, § 480-93-160, filed 6/6/69, effective 10/9/69.]

     (6) The requirements of paragraphs (3) and (4) will be waived in an emergency where it is necessary to maintain continuity of service.)) (1) Operators must notify the commission in writing at least two business days prior to the commencement of any pressure test of a gas pipeline that will have a MAOP that produces a hoop stress of twenty percent or more of the specified minimum yield strength of the pipe used.

     (a) The pressure tests of any such gas pipeline built in Class 3 or Class 4 locations, as defined in 49 CFR § 192.5, or within one hundred yards of a building, must be at least eight hours in duration.

     (b) When the test medium is to be a gas or compressible fluid, each operator must notify the appropriate public officials so that adequate public protection can be provided for during the test.

     (c) In an emergency situation where it is necessary to maintain continuity of service, the requirements of subsection (1) of this section and subsection (1)(a) of this section may be waived by notifying the commission by telephone prior to performing the test.

     (2) The minimum test pressure for any steel service line or main, regardless of the intended operating pressure, must be determined by multiplying the intended MAOP by a factor determined in accordance with the table located in 49 CFR § 192.619 (a)(2)(ii).

     (3) Operators must perform pressure tests for all new or replacement pipeline installations.

     (4) All service lines that are broken, pulled, or damaged, resulting in the interruption of gas supply to the customer, must be pressure tested from the point of damage to the service termination valve (generally the meter set) prior to being placed back into service.

     (5) Operators may only use pretested pipe when it is not feasible to conduct a pressure test.

     (6) Operators must perform soap tests at the tie-in joints at not less than the current operating pressure of the pipeline.

     (7) Operators must keep records of all pressure tests performed for the life of the pipeline and must document the following information:

     (a) Operator's name;

     (b) Employee's name;

     (c) Test medium used;

     (d) Test pressure;

     (e) Test duration;

     (f) Pipe size and length;

     (g) Dates and times; and

     (h) Test results.

     (8) Where feasible, operators must install and backfill plastic pipe prior to pressure testing to expose any potential damage that could have occurred during the installation and backfill process.

     (9) Where multiple pressure tests are performed on a single installation, operators must maintain a record of each test. An example of a single installation with multiple tests would be any continuous on-going job or installation such as a new plat or long main installation where more than one pressure test was conducted during construction.

     (10) Pressure testing equipment must be maintained, tested for accuracy, or calibrated, in accordance with the manufacturer's recommendations. When there are no manufacturer's recommendations, then pressure testing equipment must be tested for accuracy at an appropriate schedule determined by the operator. Test equipment must be tagged with the calibration or accuracy check expiration date. The requirements of this section also apply to equipment such as pressure charts, gauges, dead weights or other devices used to test, monitor or check system pressures or set-points.

[Order R-28, § 480-93-170, filed 7/15/71; Order R-5, § 480-93-170, filed 6/6/69, effective 10/9/69.]

     If the toughness of the pipe is unknown, it shall be considered to be brittle, and the pipeline shall not be moved.)) (1) Except those pipelines detailed in subsection (3) of this section, each operator must prepare a study prior to moving or lowering any metallic pipeline to determine whether the proposed action will cause an unsafe condition. This study must be reviewed and approved by the operator's engineering department and retained in the operator's files for the life of the pipeline. This requirement does not apply to cast iron pipelines, which may not be lowered, or to copper pipelines. The study must include, but is not limited to, the following criteria:

     (a) The required deflection of the pipe;

     (b) The diameter, wall thickness, and grade of pipe;

     (c) The characteristics of the pipeline;

     (d) The terrain and class location;

     (e) The present condition of the pipeline;

     (f) The anticipated stresses of the pipeline including the safe allowable stress limits; and

     (g) The toughness of the steel.

     (2) Pipelines with mechanical or threaded joints must not be moved or lowered.

     (3) Pipelines operating at sixty psig or less which have a nominal diameter of two inches or less may be moved or lowered without the required study, if the operator can certify that no undue stresses will be placed on the pipeline and that it can be moved or lowered in a safe manner. The operator must consider factors such as the type of materials, proximity to fittings, joints, and welds, and any other factors that could place undue stress on the pipeline or create an unsafe condition.

     (4) A leak survey must be conducted within thirty days from the date any pipeline has been moved or lowered under subsection (3) of this section.

[Statutory Authority: RCW 80.01.040. 92-16-100 (Order R-375, Docket No. UG-911261), § 480-93-175, filed 8/5/92, effective 9/5/92.]

     (2) The maximum cumulative ultraviolet light exposure limit for plastic pipe is two years, or the manufacturer's recommended limit. The acceptable time limit must be detailed in the operator's procedures manual.

     (3) Plastic pipe that is pulled through the ground by mechanical means must have a weak link installed that will ensure the pipe will not be damaged by excessive tensile forces.

     (4) When installing plastic pipelines parallel to other underground utilities, operators must ensure there is a minimum of twelve inches of separation from the other utilities. Where a minimum twelve inches of separation is not possible, operators must take adequate precautions, such as inserting the plastic pipeline in conduit, to minimize any potential hazards resulting from the close proximity to the other utilities.

     (5) When installing plastic pipelines perpendicular to other underground utilities, operators must ensure there is a minimum of six inches of separation from the other utilities. Where a minimum six inches of separation is not possible, an operator must take adequate precautions to minimize any potential hazards resulting from the close proximity to the other utilities.

     (6) Except for approved steel encased plastic pipe, and except where allowed by (b) of this subsection, the maximum time limit that plastic pipe may be temporarily installed above ground is thirty days.

     (a) During temporary installations, operators must monitor and protect above ground plastic pipe from potential damage.

     (b) Operators may install above ground plastic pipe for periods longer than thirty days if they have a written monitoring program and notify the commission by telephone prior to exceeding the thirty-day time limit.

     (7) Plastic pipe must be bedded in a suitable material as recommended by the pipe manufacturer. Unless otherwise permitted by the manufacturer, plastic pipe must be bedded in an essentially rock-free material.

     (8) Plastic pipe may not be squeezed more than one time in the same location.

     (9) Plastic pipe must not be squeezed within twelve inches or three pipe diameters, whichever is greater, from any joint or fitting.

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     Furthermore, every gas company shall be responsible for establishing and maintaining such records, making such reports, and providing such information as the commission may reasonably require to enable it to determine whether the gas company has acted and is acting in compliance with these rules and regulations and the standards established thereunder. Every gas company shall, upon request of the commission and its authorized representatives, permit the commission and its authorized representatives to inspect books, papers, records, and documents relevant to determining whether the gas company and its agents have acted and are acting in compliance with these rules and regulations and the standards established thereunder. Such commission inspections shall be conducted at reasonable times, within reasonable limits, and in a reasonable manner, and each inspection shall be commenced and completed with reasonable promptness.)) (1) Each operator must have a plan and procedure manual for operation, maintenance, inspection, and emergency response activities. The manual must comply with the provisions of the "Pipeline Safety Improvement Act of 2002." The manual must include plans and procedures for all requirements of 49 CFR § 192 and chapter 480-93 WAC, and any plans or procedures used by an operator's associated contractors.

     (2) Plans must be filed with the commission as soon as practical for review and determination as to their adequacy, when properly executed, to achieve an acceptable level of safety. The commission may, after notice and opportunity for hearing, require that a manual be revised or amended. Applicable portions of the manual related to a procedure being performed on the pipeline must be retained on-site where the activity is being performed.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-93-180, filed 9/28/01, effective 10/29/01. Statutory Authority: RCW 80.01.040. 92-16-100 (Order R-375, Docket No. UG-911261), § 480-93-180, filed 8/5/92, effective 9/5/92; Order R-28, § 480-93-180, filed 7/15/71; Order R-5, § 480-93-180, filed 6/6/69, effective 10/9/69.]

     When leak indications are found to originate from a foreign source or facility, such as gasoline vapors, sewer or marsh gas, or customer-owned piping, prompt action shall be taken at that time, where appropriate, to protect life and property. Leaks that represent an ongoing, potentially hazardous situation shall be reported promptly to the owner or operator of the source facility and, where appropriate, to the police department, or other appropriate governmental agency. In all cases, the property owner or the adult person occupying the premises shall be notified of the leak conditions. If no methane indication is found, the gas company employee on-site shall so inform the property owner or the adult person occupying the premises, and shall request the adult person occupying the premises sign the gas company work order indicating that a gas leak was not the source of the leak indication. The gas company employee shall provide the adult person occupying the premises an odor sniff card which identifies the odor of natural gas and indicates the name, address, and telephone number of the gas company representative to be contacted if the leak indications are again noticed. If the property owner or an adult person occupying the premises is not available, the gas company shall, within twenty-four hours of the leak notification, send by first-class mail addressed to the person occupying the premises, a letter explaining the results of the investigation. A copy of the letter shall be retained by the gas company and kept with the leak report. A leak investigation report form shall be maintained in the gas company's leak report files for all leaks investigated, indicating gas company employee making the initial leak evaluation.)) (1) Operators must promptly investigate any notification of a leak, explosion, or fire, which may involve gas pipelines or other gas facilities, received from any outside source such as a police or fire department, other utility, contractor, customer, or the general public. Where the investigation reveals a leak, the operator must grade the leak in accordance with WAC 480-93-186, and take appropriate action. The operator must retain the leak investigation record for the life of the pipeline.

     (2) In the event of an explosion, fire, death, or injury, the operator must not remove any suspected gas facility until the commission or the lead investigative authority has designated the release of the gas facility. Once the situation is made safe, the operator must keep the facility intact until directed by the lead investigative authority.

     (3) When leak indications are found to originate from a foreign source or facility such as gasoline vapors, sewer, marsh gas, or from customer-owned piping, the operator must take appropriate action to protect life and property. Leaks that represent an on-going, potentially hazardous situation must be reported promptly to the owner or operator of the source facility and, where appropriate, to the police department, fire department, or other appropriate governmental agency. If the property owner or an adult person occupying the premises is not available, the operator must, within twenty-four hours of the leak investigation, send by first-class mail, addressed to the person occupying the premises, a letter explaining the results of the investigation. The operator must keep a record of each letter sent for five years.

[Statutory Authority: RCW 80.01.040. 92-16-100 (Order R-375, Docket No. UG-911261), § 480-93-185, filed 8/5/92, effective 9/5/92; Order R-102, § 480-93-185, filed 5/18/77.]

     (2) Regrading of leaks. Leaks are to be reinspected using the same criteria used to grade leaks when they are first detected and graded.)) (1) Based on an evaluation of the location and/or magnitude of a leak, the operator must assign one of the leak grades defined in WAC 480-93-18601 to establish the leak repair priority. An operator may use an alphabetical grade classification, i.e., Grade A for Grade 1, Grade B for Grade 2, and Grade C for Grade 3 if it has historically used such a grading designation. Operators must apply the same criteria used for initial leak grading when reevaluating leaks.

     (2) Each operator must establish a procedure for evaluating the concentration and extent of gas leakage. When evaluating any leak, the operator must determine and document the perimeter of the leak area. If the perimeter of the leak extends to a building wall, the operator must extend the investigation inside the building. Where the reading is in an unvented, enclosed space, the operator must consider the rate of dissipation when the space is ventilated and the rate of accumulation when the space is resealed.

     (3) The operator must check the perimeter of the leak area with a combustible gas indicator. The operator must perform a follow-up inspection on all leak repairs with residual gas remaining in the ground as soon as practical, but not later than thirty days following the repair.

     (4) Grade 1 and 2 leaks can only be downgraded once to a Grade 3 leak without a physical repair. After a leak has been downgraded once, the maximum repair time for that leak is twenty-one months.

[Order R-103, § 480-93-186, filed 5/18/77.]

A leak that represents an existing or probable hazard to persons or property and requires immediate repair or continuous action until the conditions are no longer hazardous.

((PRIORITY OF LEAK REPAIR			EXAMPLES
Requires prompt action*to protect life and property and continuous action until the conditions are no longer hazardous.			Leaks requiring prompt action:
			1.	Any leak which, in the judgment of operating personnel at the scene, is regarded as an immediate hazard.
*The prompt action in some instances may require one or more of the following:
a.	Implementation of company emergency plan (192.615).		2.	Escaping gas that has ignited unintentionally.
b.	Evacuating premises.		3.	Any indication of gas which has migrated into or under a building or tunnel.
c.	Blocking off an area.
d.	Rerouting traffic.		4.	Any reading at the outside wall of a building or where the gas would likely migrate to the outside wall of a building.
e.	Eliminating sources of ignition.
f.	Venting the area, or		5.	Any reading of 80% LEL or greater in a confined space.
g.	Stopping the flow of gas by closing valves or other means.		6.	Any reading of 80% LEL, or greater in small substructures not associated with gas likely migrate to the outside wall of a building.
h.	Notifying police and fire departments.
			7.	Any leak that can be seen, heard, or felt and which is in a location that may endanger the general public or property.

A leak that is recognized as being nonhazardous at the time of detection but justifies scheduled repair based on probable future hazard.

PRIORITY OF LEAK REPAIRS			EXAMPLES
Leaks should be repaired or cleared in one year but shall not exceed fifteen months from the date reported. If a Grade 2 leak occurs in a segment of pipeline which is under consideration for replacement, an additional 6 months may be added to the 15 months maximum time for repair noted above. In determining the repair priority, criteria such as the following should be considered:			A.	Leaks requiring action ahead of ground freezing or other adverse changes in venting conditions:
				1.	Any leak, which under frozen or other adverse soil conditions, would likely migrate to the outside of a building.
a.	Amount and migration of gas,		B.	Leaks requiring action within six months:
				1.	Any reading of 40% LEL or greater under a sidewalk in a wall-to-wall paved area that does not qualify as a Grade 1 leak and where gas is likely to migrate to the outside wall of a building.
b.	Proximity of gas to buildings and subsurface structures,
c.	Extent of pavement, and
d.	Soil type and conditions, such as frost cap, moisture and natural venting.
				2.	Any reading of 100% LEL or greater under a street in a wall-to-wall paved area that does not qualify as a Grade 1 leak and where the gas is likely to migrate to the outside wall of a building.
Grade 2 leaks shall be re-evaluated at least once every six months until cleared. The frequency of reevaluation should be determined by the location and magnitude of the leakage condition.
				3.	Any reading less than 80% LEL in small substructures not associated with gas facilities where gas would likely migrate creating a probable future hazard.
It should be recognized that Grade 2 leaks will vary greatly in degree of potential hazard. There will be some Grade 2 leaks, which when evaluated by the above criteria, will justify scheduled repair within the next 5 working days. Others will justify repair within 30 days. These situations shall be brought to the attention of the individual responsible for scheduling leakage repair at the end of the working day.
				4.	Any reading between 20% LEL and 80% LEL in a confined space.
				5.	Any reading on a pipeline operating at 30% SMYS or greater in Class 3 or 4 locations that does not qualify as a Grade 1 leak.
On the other hand, there will be many Grade 2 leaks, which because of their location and magnitude, can be scheduled for repair on a normal routine basis with periodic reinspection as necessary.				6.	Any leak which in the judgment of operating personnel at the scene is of sufficient magnitude to justify scheduled repair.

A leak that is nonhazardous at the time of detection and can reasonably be expected to remain nonhazardous.

PRIORITY OF LEAK REPAIRS		EXAMPLES
Grade 3 leaks should be re-evaluated during the next scheduled survey, or within 15 months of the reporting date, whichever occurs first, until the leak is regraded or no longer results in a reading.		Leaks requiring reevaluation at periodic intervals:
		1.	Any reading of less than 80% LEL in small gas associated substructures such as small meter boxes or gas valve boxes.
		2.	Any reading under a street in areas without wall-to-wall paving where it is unlikely the gas could migrate to the outside wall of a building.
		3.	Any reading of less than 20% LEL in a confined space.))

     (1) A "Grade 1 leak" is a leak that represents an existing or probable hazard to persons or property and requiring prompt action, immediate repair, or continuous action until the conditions are no longer hazardous.

     (a) Prompt action in response to a Grade 1 leak may require one or more of the following:

     (i) Implementation of the operator's emergency plan pursuant 49 CFR § 192.615;

     (ii) Evacuating the premises;

     (iii) Blocking off an area;

     (iv) Rerouting traffic;

     (v) Eliminating sources of ignition;

     (vi) Venting the area;

     (vii) Stopping the flow of gas by closing valves or other means; or

     (viii) Notifying police and fire departments.

     (b) Examples. Grade 1 leaks requiring prompt action include, but are not limited to:

     (i) Any leak, which in the judgment of operating personnel at the scene, is regarded as an immediate hazard;

     (ii) Escaping gas that has ignited unintentionally;

     (iii) Any indication of gas that has migrated into or under a building or tunnel;

     (iv) Any reading at the outside wall of a building or where the gas could potentially migrate to the outside wall of a building;

     (v) Any reading of eighty percent LEL or greater in an enclosed space;

     (vi) Any reading of eighty percent LEL, or greater in small substructures not associated with gas facilities where the gas could potentially migrate to the outside wall of a building; or

     (vii) Any leak that can be seen, heard, or felt and which is in a location that may endanger the general public or property.

     (2) A "Grade 2 leak" is a leak that is recognized as being not hazardous at the time of detection but justifies scheduled repair based on potential future hazard.

     (a) Operators must repair or clear Grade 2 leaks within fifteen months from the date the leak is reported. If a Grade 2 leak occurs in a segment of pipeline that is under consideration for replacement, an additional six months may be added to the fifteen months maximum time for repair provided above. In determining the repair priority, operators should consider the following criteria:

     (i) Amount and migration of gas;

     (ii) Proximity of gas to buildings and subsurface structures;

     (iii) Extent of pavement; and

     (iv) Soil type and conditions, such as frost cap, moisture and natural venting.

     (b) Operators must reevaluate Grade 2 leaks at least once every six months until cleared. The frequency of reevaluation should be determined by the location and magnitude of the leakage condition.

     (c) Grade 2 leaks vary greatly in degree of potential hazard. Some Grade 2 leaks, when evaluated by the criteria, will require prompt scheduled repair within the next five working days. Other Grade 2 leaks may require repair within thirty days. The operator must bring these situations to the attention of the individual responsible for scheduling leakage repair at the end of the working day. Many Grade 2 leaks, because of their location and magnitude, can be scheduled for repair on a normal routine basis with periodic reevaluation as necessary.

     (d) When evaluating Grade 2 leaks, operators should consider leaks requiring action ahead of ground freezing or other adverse changes in venting conditions, and any leak that could potentially migrate to the outside wall of a building, under frozen or other adverse soil conditions.

     (e) Examples. Grade 2 leaks requiring action within six months include, but are not limited to:

     (i) Any reading of forty percent LEL or greater under a sidewalk in a wall-to-wall paved area that does not qualify as a Grade 1 leak and where gas could potentially migrate to the outside wall of a building;

     (ii) Any reading of one hundred percent LEL or greater under a street in a wall-to-wall paved area that does not qualify as a Grade 1 leak and where gas could potentially migrate to the outside wall of a building;

     (iii) Any reading less than eighty percent LEL in small substructures not associated with gas facilities and where gas could potentially migrate creating a probable future hazard;

     (iv) Any reading between twenty percent LEL and eighty percent LEL in an enclosed space;

     (v) Any reading on a pipeline operating at thirty percent of the specified minimum yield strength or greater in Class 3 or 4 locations that does not qualify as a Grade 1 leak; or

     (vi) Any leak that in the judgment of operating personnel at the scene is of sufficient magnitude to justify scheduled repair.

     (3) A "Grade 3 leak" is a leak that is not hazardous at the time of detection and can reasonably be expected to remain not hazardous.

     (a) Operators should reevaluate Grade 3 leaks during the next scheduled survey, or within fifteen months of the reporting date, whichever occurs first, until the leak is regraded or no longer results in a reading.

     (b) Examples. Grade 3 leaks requiring reevaluation at periodic intervals include, but are not limited to:

     (i) Any reading of less than eighty percent LEL in small gas associated substructures, such as small meter boxes or gas valve boxes; or

     (ii) Any reading under a street in areas without wall-to-wall paving where it is unlikely the gas could migrate to the outside wall of a building.

[Statutory Authority: RCW 80.01.040. 92-16-100 (Order R-375, Docket No. UG-911261), § 480-93-18601, filed 8/5/92, effective 9/5/92; Order R-103, Table 1 (codified as WAC 480-93-18601), filed 5/18/77.]

     (c) Check adequacy of records.)) Each operator must prepare and maintain permanent gas leak records. The leak records must contain sufficient data and information to permit the commission to assess the adequacy of the operator's leakage program. Gas leak records must contain, at a minimum, the following information:

     (1) Date and time the leak was detected, investigated, reported, and repaired, and the name of the employee(s) conducting the investigation;

     (2) Location of the leak (sufficiently described to allow ready location by other qualified personnel);

     (3) Leak grade;

     (4) Pipeline classification (e.g., distribution, transmission, service);

     (5) If reported by an outside party, the name and address of the reporting party;

     (6) Component that leaked (e.g., pipe, tee, flange, valve);

     (7) Size and material that leaked (e.g., steel, plastic, cast iron);

     (8) Pipe condition;

     (9) Type of repair;

     (10) Leak cause;

     (11) Date pipe installed (if known);

     (12) Magnitude and location of CGI readings left; and

     (13) Unique identification numbers (such as serial numbers) of leak detection equipment.

[Statutory Authority: RCW 80.01.040. 92-16-100 (Order R-375, Docket No. UG-911261), § 480-93-187, filed 8/5/92, effective 9/5/92; Order R-104, § 480-93-187, filed 5/18/77.]

     (c) Check adequacy of records.)) (1) Operators must perform gas leak surveys using a gas detection instrument covering the following areas:

     (a) Over all mains, services, and transmission lines including the testing of the atmosphere near other utility (gas, electric, telephone, sewer, or water) boxes or manholes, and other underground structures;

     (b) Through cracks in paving and sidewalks;

     (c) On all above ground piping (may be checked with either a gas detection instrument or with a soap solution);

     (d) Where a gas service line exists, a survey must be conducted at the building wall at the point of entrance, using a bar hole if necessary; and

     (e) Within all buildings where gas leakage has been detected at the outside wall, at locations where escaping gas could potentially migrate into and accumulate inside the building.

     (2) Gas detection instruments must be maintained, tested for accuracy, calibrated, and operated in accordance with the manufacturer's recommendations. If there are no manufacturer's recommendations, then instruments must be tested for accuracy at least monthly, but not to exceed forty-five days between testing, and include testing at least twelve times per year. Any instrument that fails its applicable tolerances must be calibrated or removed from service.

     (3) Gas leak surveys must be conducted according to the following minimum frequencies:

     (a) Business districts - at least once annually, but not to exceed fifteen months between surveys. All mains in the right of way adjoining a business district must be included in the survey;

     (b) High occupancy structures or areas - at least once annually, but not to exceed fifteen months between surveys;

     (c) Mains operating at or above two hundred fifty psig - at least once annually, but not to exceed fifteen months between surveys; and

     (d) Where the gas system has cast iron, wrought iron, copper, or noncathodically protected steel - at least twice annually, but not to exceed seven and one-half months between surveys.

     (4) Special leak surveys must be conducted under the following circumstances:

     (a) Prior to paving or resurfacing, following street alterations or repairs where gas facilities are under the area to be paved, and where damage could have occurred to gas facilities;

     (b) In areas where substructure construction occurs adjacent to underground gas facilities, and damage could have occurred to the gas facilities, operators must perform a gas leak survey following the completion of construction, but prior to paving;

     (c) Unstable soil areas where active gas lines could be affected;

     (d) In areas and at times of unusual activity, such as earthquake, floods, and explosions; and

     (e) After third-party excavation damage to services, operators must perform a gas leak survey from the point of damage to the service tie-in.

     (5) Survey records must be kept for a minimum of five years. At a minimum, survey records must contain the following information:

     (a) Description of the system and area surveyed (including maps and leak survey logs);

     (b) Survey results;

     (c) Survey method;

     (d) Name of the employee who performed the survey;

     (e) Survey dates; and

     (f) Instrument tracking or identification number.

     (6) Each operator must perform self audits of the effectiveness of its leak detection and recordkeeping programs. Operators must maintain records of the self audits for five years. Self audits must be performed as frequently as necessary, but not to exceed three years between audits. At a minimum, self audits should ensure that:

     (a) Leak survey schedules meet the minimum federal and state safety requirements for gas pipelines;

     (b) Consistent evaluations of leaks are being made throughout the system;

     (c) Repairs are made within the time frame allowed;

     (d) Repairs are effective; and

     (e) Records are accurate and complete.

     (7) Operators must fully implement subsection (3)(a) of this section within two years of the adoption of this rule.

[Statutory Authority: RCW 80.01.040. 92-16-100 (Order R-375, Docket No. UG-911261), § 480-93-188, filed 8/5/92, effective 9/5/92; Order R-105, § 480-93-188, filed 5/18/77.]

     (4) All gas companies shall file with the commission, and with appropriate officials of all municipalities within which such gas companies have facilities, the names, addresses, and telephone numbers of responsible officials of such gas companies who may be contacted in the event of an emergency. In the event of any changes in gas company personnel, immediate notification thereof shall be given to the commission and municipalities.)) (1) Every operator must give notice to the commission by telephone within two hours of discovering an incident or hazardous condition arising out of its operations that:

     (a) Results in a fatality or personal injury requiring hospitalization;

     (b) Results in damage to the property of the operator and others of a combined total exceeding fifty thousand dollars;

     (c) Results in the evacuation of a building, or high occupancy structures or areas;

     (d) Results in the unintentional ignition of gas;

     (e) Results in the unscheduled interruption of service furnished by any operator to twenty or more distribution customers;

     (f) Results in a pipeline or system pressure exceeding the MAOP plus ten percent or the maximum pressure allowed by proximity considerations outlined in WAC 480-93-020;

     (g) Is significant, in the judgment of the operator, even though it does not meet the criteria of (a) through (e) of this subsection; or

     (h) Results in the news media reporting the occurrence, even though it does not meet the criteria of (a) through (e) of this subsection.

     (2) Operators must give notice to the commission by telephone within twenty-four hours of occurrence of every incident or hazardous condition arising out of its operations that results in:

     (a) The uncontrolled release of gas for more than two hours;

     (b) The taking of a high pressure supply or transmission pipeline or a major distribution supply pipeline out of service;

     (c) A pipeline or system operating at low pressure dropping below the safe operating conditions of attached appliances and gas equipment; or

     (d) A pipeline or system pressure exceeding the MAOP.

     (3) Routine or planned maintenance and operational activities of the operator that result in operator-controlled plant and equipment shut downs, reduction in system pressures, flaring or venting of gas, and normal leak repairs are not reportable items under this section.

     (4) Operators must provide to the commission a written report within thirty days of the initial telephonic report required under subsection (1) of this section. At a minimum, written reports must include the following:

     (a) Name(s) and address(es) of any person or persons injured or killed, or whose property was damaged;

     (b) The extent of such injuries and damage;

     (c) A description of the incident or hazardous condition including the date, time, and place;

     (d) A description of the gas facilities involved in the incident or hazardous condition, the system operating pressure at that time, and the MAOP of the facilities involved;

     (e) The date and time the gas facility was made safe;

     (f) The date, time, and type of any temporary or permanent repair made; and

     (g) The cost of the incident to the operator.

     (5) Operators must provide to the commission a written report within forty-five days of receiving the failure analysis of any incident or hazardous condition that was due to construction defects or material failure.

     (6) Operators must file with the commission the following annual reports:

     (a) A copy of every Pipeline and Hazardous Materials Safety Administration (PHMSA) F-7100.1-1 and F-7100.2-1 annual report required by U.S. Department of Transportation, Office of Pipeline Safety.

     (b) A report titled, "Damage Prevention Statistics," with the corresponding PHMSA fiscal year. The Damage Prevention Statistics report must include in detail the following information:

     (i) Number of gas-related one-call locate requests completed in the field;

     (ii) Number of third-party damages incurred; and

     (iii) Cause of damage, where cause of damage is classified as either:

     (A) Inaccurate locate;

     (B) Failure to use reasonable care; or

     (C) Excavated prior to a locate being conducted.

     (c) A report detailing the results from construction defects or material failures.

     (7) Operators must file with the commission, and with appropriate officials of all municipalities where operators have facilities, the names, addresses, and telephone numbers of the responsible officials of the operator who may be contacted in the event of an emergency. In the event of any changes in operator personnel, the operator must notify immediately the commission and municipalities.

     (8) Operators must send daily reports of construction and repair activities electronically to the commission. Operators may send reports either by facsimile or e-mail to the commission. The reports must be received no later than 10:00 a.m. each day of the scheduled work, and must include both operator and contractor construction and repair activities.

     (9) When an operator is required to file a copy of a DOT Drug and Alcohol Testing Management Information System (MIS) Data Collection Form with the U.S. Department of Transportation, Office of Pipeline Safety, the operator must simultaneously submit a copy of the form to the commission.

[Statutory Authority: RCW 80.01.040. 92-16-100 (Order R-375, Docket No. UG-911261), § 480-93-200, filed 8/5/92, effective 9/5/92; Order R-28, § 480-93-200, filed 7/15/71; Order R-5, § 480-93-200, filed 6/6/69, effective 10/9/69.]

     (3) The commission may compromise any civil penalty pursuant to RCW 80.28.210.)) (1) Any gas company that violates any provisions of chapter 480-93 WAC has failed to construct and/or maintain its facilities in a safe and efficient manner in violation of RCW 80.28.210, and is subject to a civil penalty under RCW 80.28.212.

     (a) The maximum civil penalty under RCW 80.28.212 for violations by a gas company of any provision of chapter 480-93 WAC (other than WAC 480-93-160 and 480-93-200 (1)(h)) is twenty-five thousand dollars for each violation for each day that the violation persists up to a maximum civil penalty of five hundred thousand dollars for a related series of violations.

     (b) The maximum civil penalty under RCW 80.28.212 for violations by a gas company of WAC 480-93-160 or 480-93-200 (1)(h) is one thousand dollars for each violation for each day that the violation persists, up to a maximum civil penalty of two hundred thousand dollars for a related series of violations.

     (c) The commission may compromise any civil penalty issued under RCW 80.28.212.

     (2) In addition to a civil penalty under RCW 80.28.212, any public service company that violates RCW 80.28.210 or any rule issued thereunder, may also be subject to civil penalties under RCW 80.04.405 and/or 80.04.380.

     (3) Any officer, agent, or employee of any public service company who aids or abets in the violations of RCW 80.24.210 or any rule issued thereunder, is subject to a civil penalty under RCW 80.04.405.

     (4) Any officer, agent, or employee of any public service company violating RCW 80.28.210 or who procures or aids and abets such a violation, may be subject to civil penalties under RCW 80.04.385.

     (5) Any corporation other than a public service company that is subject to RCW 80.28.210 and that violates any provision of chapter 480-93 WAC, has failed to construct and/or maintain its facilities in a safe and efficient manner in violation of RCW 80.28.210, and is subject to a civil penalty under RCW 80.04.387.

[Statutory Authority: RCW 80.01.040 and 80.28.210. 95-19-057 (Order R-433, Docket No. UG-950625), § 480-93-223, filed 9/15/95, effective 10/16/95.]

[Statutory Authority: RCW 80.01.040. 92-16-100 (Order R-375, Docket No. UG-911261), § 480-93-230, filed 8/5/92, effective 9/5/92; Order R-28, § 480-93-230, filed 7/15/71; Order R-5, § 480-93-230, filed 6/6/69, effective 10/9/69.]

     (3) Copies of Title 49 Code of Federal Regulations are available from the Seattle office of the Government Printing Office and from various third-party vendors.)) In this chapter, the commission adopts by reference each of the regulations and/or standards identified below. For each regulation or standard the commission is adopting by reference is listed the publisher, the scope of what the commission is adopting, the effective date of the regulation or standard the commission is adopting, the place within the commission's rules the regulation or standard is referenced, and the availability of the publication in which the regulation or standard is found.

     (1) Title 49 Code of Federal Regulations, cited as 49 CFR, Parts 191, 192, 193, and 199 including all appendices and amendments thereto as published by the United States Government Printing Office.

     (a) The commission adopts the version of the above regulations that were in effect on October 1, 2004, except the following sections are not adopted by reference: 191.1, 192.1(a), 193.2001(a), 199.1. However, in WAC 480-93-013, the commission includes "new construction" in the definition of "covered task," as defined in 49 CFR § 192.801(b)(2).

     (b) This publication is referenced in WAC 480-93-005, 480-93-080, 480-93-100, 480-93-110, 480-93-124, 480-93-155, 480-93-170, 480-93-180, and 480-93-18601.

     (c) The Code of Federal Regulations is published by the federal government. Copies of Title 49 Code of Federal Regulations are available from most Government Printing Offices, including the Seattle office of the Government Printing Office, as well as from various third-party vendors and various libraries, including the branch of the state library located at the commission. It is also available for inspection at the commission.

     (2) Section IX of the ASME Boiler and Pressure Vessel Code.

     (a) The commission adopts the 2001 edition of Section IX of the ASME Boiler and Pressure Vessel Code.

     (b) This publication is referenced in WAC 480-93-080.

     (c) Copies of Section IX of the ASME Boiler and Pressure Vessel Code (2001 edition) are available from The American Society of Mechanical Engineers, Park Avenue, New York, New York, and various libraries, including the branch of the state library located at the commission. It is also available for inspection at the commission.

     (3) The American Petroleum Institute (API) standard 1104.

     (a) The commission adopts the 19th edition of this standard.

     (b) This standard is referenced in WAC 480-93-080.

     (c) Copies of API standard 1104 (19th edition) are available from the Office of API Publishing Services in Washington DC, and various libraries, including the branch of the state library located at the commission. It is also available for inspection at the commission.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-93-999, filed 9/28/01, effective 10/29/01.]

     The following sections of the Washington Administrative Code are repealed:

WAC 480-93-002	Application of rules.
WAC 480-93-010	Compliance with federal standards.
WAC 480-93-030	Proscribed areas.
WAC 480-93-082	Qualification of employees.
WAC 480-93-111	Noncathodically protected gas facilities.
WAC 480-93-112	Corrosive condition investigation.
WAC 480-93-120	Exposed pipelines.
WAC 480-93-150	Station maintenance.
WAC 480-93-183	Pipeline and system pressure reporting.
WAC 480-93-184	Gas leak responsibility.
WAC 480-93-190	Being aware of construction work near gas company facilities.
WAC 480-93-210	Interruptions to service.
WAC 480-93-220	Rule of precedence.

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