PERMANENT RULES
COMMISSION
1 STATUTORY OR OTHER AUTHORITY: The Washington utilities and transportation commission (commission) takes this action under Notice No. WSR 08-07-081, filed with the code reviser on March 19, 2008. The commission brings this proceeding pursuant to RCW 80.01.040, 80.04.060, and 81.88.040.
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 this rule on the date this order is entered.
4 CONCISE STATEMENT OF PURPOSE AND EFFECT OF THE RULE: RCW 34.05.325(6) requires the commission to prepare and publish a concise explanatory statement about an adopted rule. The statement must identify the commission's reasons for adopting the rule, describe the differences between the version of the proposed rules published in the register and the rules adopted (other than editing changes), summarize the comments received regarding the proposed rule changes, and state the commission's responses to the comments reflecting the commission's consideration of them.
5 To avoid unnecessary duplication in the record of this docket, the commission designates the discussion in this order, including appendices, as its concise explanatory statement, supplemented where not inconsistent by the staff memoranda preceding the filing of the CR-102 proposal and the adoption hearing. Together, these documents provide a complete but concise explanation of the agency actions and its reasons for taking those actions.
6 REFERENCE TO AFFECTED RULES: This order amends the following sections of the Washington Administrative Code: WAC 480-93-005 Definitions, 480-93-007 Application of rules, 480-93-008 Additional requirements, 480-93-013 Covered tasks, 480-93-015 Odorization of gas, 480-93-017 Filing requirements for design, specification, and construction procedures, 480-93-018 Records, 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, 480-93-178 Protection of plastic pipe, 480-93-180 Plans and procedures, 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 and commission gas safety rules, 480-93-230 Exemptions from rules in chapter 480-93 WAC, 480-93-240 Annual pipeline safety fee methodology, 480-93-250 Damage prevention, and 480-93-999 Adoption by reference.
7 PREPROPOSAL STATEMENT OF INQUIRY AND ACTIONS THEREUNDER: The commission filed preproposal statements of inquiry (CR-101) on July 26, 2007, at WSR 07-16-060 and on October 24, 2007, at WSR 07-21-147.
8 The statements advised interested persons that the commission was considering entering a rule making for chapter 480-93 WAC, Gas companies -- Safety, amending the rules to reflect changes in Title 81 RCW resulting from the passage of SSB 5225 during the 2007 legislative session. The commission also informed persons of this inquiry by providing notice of the subject and the CR-101 to everyone on the commission's list of persons requesting such information pursuant to RCW 34.05.320(3) and by sending notices to all regulated pipeline companies and the commission's list of regulatory attorneys. Pursuant to the notices, the commission received written comments.
9 NOTICE OF PROPOSED RULE MAKING: The commission filed a notice of proposed rule making (CR-102) on March 19, 2008, at WSR 08-07-081. The commission scheduled this matter for oral comment and adoption under Notice No. WSR 08-07-081 at 1:30 p.m., Thursday, May 15, 2008, in the Commission's Hearing Room, Second Floor, Richard Hemstad Building, 1300 South Evergreen Park Drive S.W., Olympia, WA. The notice provided interested persons the opportunity to submit written comments to the commission.
10 WRITTEN COMMENTS: The commission received written comments from the Northwest Gas Association suggesting several clerical changes and questioning the retention of a cross-reference to a federal regulation. The commission finds these suggested changes appropriate and includes the changes in the rules contained in Appendix A, shown below, and made part of, this order.
11 RULE-MAKING HEARING: The commission considered the proposed rules for adoption at a rule-making hearing on May 15, 2008, before Chairman Mark H. Sidran, Commissioner Patrick J. Oshie, and Commissioner Philip B. Jones. No oral comments were made at the hearing.
12 COMMISSION ACTION: After considering all of the information regarding this proposal, the commission finds and concludes that it should amend and adopt the rules as proposed in the CR-102 with changes from the text noticed at WSR 08-07-081, as discussed in this order.
13 CHANGES FROM PROPOSAL: The commission adopts the proposal with the following changes from the text noticed at WSR 08-07-081:
| • | WAC 480-93-005 Definitions: Revised the last sentence of the definition of "gas pipeline company" as follows: "that contract with a gas pipeline company" |
| • | WAC 480-93-185 Gas leak investigation: Revised subsection (3) as follows: When leak indications are found to originate from a foreign source (for example, a gasoline tank, a sewer, a marsh, or customer-owned piping), and the situation is ongoing and potentially hazardous, the gas pipeline company must: 1) take appropriate action regarding its own facilities to protect life and property; and 2) report the leak promptly to the source facility owner or operator and, where appropriate, to the police department, fire department, or other appropriate governmental agency. |
| • | WAC 480-93-240 Annual pipeline safety fee: Revised
subsection (1) as follows: This rule sets forth the
commission's fee methodology for the annual
regulatory fee paid by a gas pipeline company as
that term is defined in RCW 81.88.010 |
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 2, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 30, 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 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, 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.
16 The commission amends 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).
17 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 1-21 WAC.
DATED at Olympia, Washington, May 29, 2008.
Washington State Utilities and Transportation Commission
Mark H. Sidran, Chairman
Patrick J. Oshie, Commissioner
Philip B. Jones, Commissioner
OTS-1366.4
AMENDATORY SECTION(Amending Docket PG-061027, General Order
R-544, filed 8/23/07, effective 9/23/07)
WAC 480-93-005
Definitions.
(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) "Emergency notification line" means 1-888-321-9146.
(9) "Follow-up inspection" means an inspection performed after a repair has been completed in order to determine the effectiveness of the repair.
(((9))) (10) "Gas" means natural gas, flammable gas, or
gas that is toxic or corrosive.
(((10))) (11) "Gas associated substructures" means those
devices or facilities utilized by ((an operator)) a gas
pipeline company which are not intended for storing,
transporting, or distributing gas, such as valve boxes,
vaults, test boxes, and vented casing pipe.
(((11))) (12) "Gas pipeline" means all parts of a
pipeline facility through which gas moves in transportation,
including, but not limited to, line pipe, valves, and other
appurtenances connected to line pipe, compressor units,
metering stations, regulator stations, delivery stations,
holders and fabricated assemblies. "Gas pipeline" does not
include any pipeline facilities, other than a master meter
system, owned by a consumer or consumers of the gas, located
exclusively on the consumer or consumers' property, and none
of the gas leaves that property through a pipeline.
(13) "Gas pipeline 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)) a person or entity
constructing, owning or operating a gas pipeline for
transporting gas. "Gas pipeline company" includes a person or
entity owning or operating a master meter system. "Gas
pipeline company" does not include excavation contractors or
other contractors that contract with a gas pipeline company.
(((12))) (14) "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))) (15) "Indication" means a response indicated by
a gas detection instrument that has not been verified as a
reading.
(((14))) (16) "LEL" means the lower explosive limit of
the gas being transported.
(((15))) (17) "Line pipe" or "pipe" means a tube, usually
cylindrical, through which a hazardous liquid or gas is
transported from one point to another.
(18) "MAOP" means maximum allowable operating pressure.
(((16))) (19) "Master meters system" ((is defined as set
forth in 49 CFR § 191.3)) means a pipeline system for
distributing gas 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 resale through a gas distribution pipeline
system. The gas distribution pipeline system supplies the
ultimate consumer who either purchases the gas directly
through a meter or by any other means, such as by rents.
(((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 gas by pipeline, or having for one or more of its principal purposes the construction, maintenance, or operation of pipelines for transporting 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 gas by pipeline" means transmission or distribution of 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 defined in this section.
(18))) (20) "Prompt action" means to dispatch qualified personnel without undue delay.
(((19))) (21) "Psig" means pounds per square inch gauge.
(((20) "Public service company" is defined in RCW 80.04.010.
(21))) (22) "Reading" means a repeatable representation on a combustible gas indicator or equivalent instrument expressed in percent LEL or gas-air ratio.
(((22))) (23) "Record(s)" means any electronic or paper
document, map, data base, report or drawing created by or kept
by ((an operator)) a gas pipeline company.
(((23))) (24) "Sniff test" means a qualitative test
utilizing both threshold and readily detectable methods for
determining proper concentrations of odorant.
(((24))) (25) "Transmission line" means a gas pipeline as
defined in 49 CFR § 192.3 on the date specified in WAC 480-93-999.
(((25))) (26) "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.
(((26))) (27) 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, 81.01.010, and 81.88.060. 07-18-010 (Docket PG-061027, General Order R-544), § 480-93-005, filed 8/23/07, effective 9/23/07. Statutory Authority: RCW 80.04.160, 80.28.210(1), and 80.01.040(1). 05-23-174 (Docket No. PG-050933, General Order No. R-524), § 480-93-005, filed 11/23/05, effective 12/24/05. Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), § 480-93-005, filed 5/2/05, effective 6/2/05. 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, with the exception of WAC 480-93-240,
does not apply to ((those operators of gas facilities)) gas
pipeline systems exclusively under federal jurisdiction for
compliance with pipeline safety regulations.
(3) While the commission's gas pipeline safety statutes and rules impose obligations on each gas pipeline company, a gas pipeline company may contract with a person to do tasks that are subject to these rules, such as excavation, construction, and maintenance. If the gas pipeline company's contractor (or any of its subcontractors) engages in conduct that violates commission rules applicable to the gas pipeline company, the gas pipeline company is subject to penalties and all other applicable remedies, as if the gas pipeline company itself engaged in that conduct.
[Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), § 480-93-007, filed 5/2/05, effective 6/2/05.]
(2) The commission retains the authority to impose
additional or different requirements on any ((operator)) gas
pipeline company in appropriate circumstances, consistent with
the requirements of law.
[Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), § 480-93-008, filed 5/2/05, effective 6/2/05.]
(2) 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)) gas pipeline company,
that:
(a) Is performed on a gas 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 gas pipeline.
(3) In all other respects, the requirements of 49 CFR §§ 192.801 through 192.809 apply to this chapter.
(4) The equipment and facilities used by a gas pipeline company for training and qualification of employees must be similar to the equipment and facilities on which the employee will perform the covered task.
[Statutory Authority: RCW 80.01.040, 81.01.010, and 81.88.060. 07-18-010 (Docket PG-061027, General Order R-544), § 480-93-013, filed 8/23/07, effective 9/23/07. Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), § 480-93-013, filed 5/2/05, effective 6/2/05.]
(2) ((Operators)) Each gas pipeline company must use an
odorant testing instrument when conducting sniff tests. Sniff
tests must be performed at least once monthly. Master meter
((operators who)) systems that comply with 49 CFR § 192.625(f)
are exempt from this requirement.
(3) ((Operators)) Each gas pipeline company must take
prompt action to investigate and remediate odorant
concentrations that do not meet the minimum requirements of
subsection (1) of this section.
(4) ((Operators)) Each gas pipeline company must follow
the odorant testing instrument manufacturer's recommendations
for maintaining, testing for accuracy, calibrating and
operating ((odorant testing)) such instruments. When the
manufacturer does not provide a recommendation, ((operators))
each gas pipeline company must conduct accuracy checks and
calibrate such instruments at least once annually, if the
instrument is outside specified tolerances((, at least once
annually)).
(5) ((Operators)) Each gas pipeline company must keep all
records of odorant usage, sniff tests performed, and odorant
testing instrument calibration for five years.
(6) Exception. This rule does not apply to gas pipelines
((that transport gas)) where the odorant would make the gas
unfit for its intended purpose.
[Statutory Authority: RCW 80.01.040, 81.01.010, and 81.88.060. 07-18-010 (Docket PG-061027, General Order R-544), § 480-93-015, filed 8/23/07, effective 9/23/07. Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), § 480-93-015, filed 5/2/05, effective 6/2/05. 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)) Except in an emergency
((situations)), a gas pipeline company must submit to the
commission for review, at least forty-five days prior to
construction, any construction plans that do not conform with
a gas pipeline 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, 81.01.010, and 81.88.060. 07-18-010 (Docket PG-061027, General Order R-544), § 480-93-017, filed 8/23/07, effective 9/23/07. Statutory Authority: RCW 80.04.160, 80.28.210(1), and 80.01.040(1). 05-23-174 (Docket No. PG-050933, General Order No. R-524), § 480-93-017, filed 11/23/05, effective 12/24/05. Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), § 480-93-017, filed 5/2/05, effective 6/2/05. 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.]
(2) ((Operators)) Each gas pipeline company must give the
commission access to records for review during an inspection
and must provide the commission copies of ((requested))
records upon request.
(3) ((Operators)) Each gas pipeline company must maintain
a list of forms and data bases, including examples where
applicable, that specify what records the ((operator)) company
maintains. ((Operators)) Each gas pipeline company must make
this list available to the commission upon request.
(4) ((Operators)) Each gas pipeline company must record
and maintain records of the actual value of any required
reads, tests, surveys or inspections performed. The records
must include the name of the person who performed the work and
the date the work was performed. The records must also
contain information sufficient to determine the location and
facilities involved. Examples of the values to be recorded
include, but are not limited to, pipe to soil potential reads,
rectifier reads, pressure test levels, and combustible gas
indicator reads. A gas pipeline company may not record a
range of values ((may not be recorded)) unless the measuring
device being used provides only a range of values.
(5) ((Operators)) Each gas pipeline company must update
its records within six months of ((completion of)) when it
completes any construction activity and make ((them)) such
records available to appropriate company operations personnel.
(6) If ((an operator)) a gas pipeline company believes a
record provided to the commission is confidential as that term
is defined in WAC 480-07-160(2), the ((operator will)) gas
pipeline company must follow the procedures in WAC 480-07-160
for designating and treating that record as confidential.
[Statutory Authority: RCW 80.01.040, 81.01.010, and 81.88.060. 07-18-010 (Docket PG-061027, General Order R-544), § 480-93-018, filed 8/23/07, effective 9/23/07. Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), § 480-93-018, filed 5/2/05, effective 6/2/05. 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.]
(a) Operating any gas pipeline ((facility)) at greater
than five hundred psig ((that)) if the gas pipeline 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)) if the building is not owned and
used by the petitioning ((operator)) gas pipeline company 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)) if the gas pipeline 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)) if the building is not owned and
used by the petitioning ((operator)) gas pipeline company 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)) each gas pipeline company must
((provide documentation proving)) demonstrate to the
commission that it is not practical for the gas pipeline
company to select an alternate route that will avoid such
locations and ((further provide documents that demonstrate))
that the ((operator)) gas pipeline company has considered the
possibility of the future development of the area and has
designed ((their)) its gas pipeline ((facilities))
accordingly.
(3) During the review process, ((operators)) each gas
pipeline company must provide maps and records to the
commission showing the exact location of the gas 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)) gas pipeline company must
provide the maintenance, construction, and operational history
of the pipeline system and an aerial photograph showing the
exact location of the gas pipeline in reference to places
listed in subsection (1)(a) and (b) of this section.
[Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), § 480-93-020, filed 5/2/05, effective 6/2/05. 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) Each gas pipeline company must locate 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 gas pipeline company's control ((of the
operator)).
[Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), § 480-93-040, filed 5/2/05, effective 6/2/05; Order R-28, § 480-93-040, filed 7/15/71; Order R-5, § 480-93-040, filed 6/6/69, effective 10/9/69.]
(a) Oxyacetylene welders may qualify under 49 CFR § 192 Appendix C, but may only weld the following size pipe:
(i) Nominal two-inch or smaller branch connections to nominal six-inch or smaller main or service pipe.
(ii) Nominal two-inch or smaller below ground butt welds.
(iii) Nominal four-inch or smaller above ground manifold and meter piping operating at 10 psig or less.
(((iv))) (b) Appendix C welders must be requalified at
least twice annually, but not to exceed seven and one-half
months between qualification tests.
(((b))) (c) When testing welders or qualifying
procedures, ((operators)) each gas pipeline company must use
the ((necessary)) testing equipment necessary to measure the
amperage, voltage, and speed of travel. All essential
variables, as defined by the applicable procedure, must be
recorded and documented as performed during the welder and
procedure testing.
(((c))) (d) For the purposes of (((b))) (c) of this
subsection, "essential variable" is defined as any variable in
the welding procedure, which, according to the procedure being
used, would require the requalification of the procedure if
changed from or performed outside a specified range. "Speed
of travel" is defined as the actual per pass welding time in
minutes divided by the length of the weld in inches.
(((d))) (e) Qualified written welding procedures must be
located on-site where welding is being performed.
(2) Personnel qualified to join plastic pipe must be requalified at least once annually, but not to exceed fifteen months between qualifications.
(a) Qualified written plastic joining procedures must be located on-site where plastic joining is being performed.
(b) Plastic joiners must be requalified under an applicable procedure, if during any twelve-month period that person has not made any joints under that procedure.
(c) In order to ensure compliance with (b) of this
subsection and Title 49 CFR Part 192.285(c), each ((operator))
gas pipeline company must either have a method of tracking
production joints or requalify each person qualified to join
plastic pipe at a frequency not to exceed twelve months. ((This)) The method used to track production joints must be
outlined in the ((operator's)) gas pipeline company's
procedures manual. ((Production joints need to be tracked
only to the extent that shows compliance with this
requirement. Operators may elect not to track production
joints, in which case personnel qualified to join plastic pipe
must be requalified at a frequency not to exceed twelve
months.))
(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)) gas pipeline
company 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.
[Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), § 480-93-080, filed 5/2/05, effective 6/2/05; Order R-28, § 480-93-080, filed 7/15/71; Order R-5, § 480-93-080, filed 6/6/69, effective 10/9/69.]
(a) Each pressure regulating station.
(b) Principal feeds into business districts.
(c) Geographical size of the area to be isolated.
(d) Number of potential customers affected.
(e) ((Pipeline)) Line pipe size and operating pressures.
(f) Class locations.
(g) Potential threats including, but not limited to, earthquakes, floods, and landslides.
(h) Emergency response time.
(i) High occupancy structures or areas.
(j) ((Pipeline)) Line pipe material: For example steel,
polyethylene, or cast iron.
(2) Each ((operator)) gas pipeline company must have a
written service valve installation and maintenance program
detailing the valve selection process, inspection,
maintenance, and operating procedures. The written program
must detail which new services will be required to have valves
installed and maintained under this section. Service valve
installation requirements do not apply to existing services
(they are not retroactive). Existing service valves that
historically have not been maintained but are deemed necessary
for maintenance by the written valve maintenance program must
be maintained in accordance with subsection (3) of this
section (service valve maintenance requirements are
retroactive). The written program shall explain how each of
the following criteria and/or locations are considered in
selecting which services will have valves installed and/or
maintained under this ((section)) subsection:
(a) Services to churches, schools, hospitals.
(b) Service line length and size.
(c) Service line pressure.
(d) Services to buildings occupied by persons who are confined, are of impaired mobility, or would be difficult to evacuate.
(e) Services to commercial or industrial buildings or structures.
(f) Services to high occupancy structures or areas.
(3) All service valves selected for inspection in the program required in subsection (2) of this section must be operated and maintained at least once annually, but not to exceed fifteen months between operation and maintenance.
(4) Each ((operator)) gas pipeline company must select
which valves to inspect based on the unique operating
conditions of the ((operator's)) company's pipeline system(s).
(5) Each ((operator)) gas pipeline company must install
and maintain valves for the purpose of minimizing the hazards
resulting from a gas pipeline emergency and to aid in the
timely control of an uncontrolled release of gas. In
determining the minimum number and spacing of valves, the
((operator's)) gas pipeline company's primary objective shall
be the protection of life and property. The ((operator)) gas
pipeline company must consider this objective in conjunction
with the criteria listed in subsections (1) and (2) of this
section. ((Operators)) Each gas pipeline company must also
incorporate ((their)) its valve programs established in
subsections (1) and (2) of this section into their emergency
plan and other plans and procedures designed to protect life
and property in the event of an emergency.
(6) ((Operators)) Each gas pipeline company must fully
implement the requirements of this section within one year of
the adoption date of this rule.
[Statutory Authority: RCW 80.01.040, 81.01.010, and 81.88.060. 07-18-010 (Docket PG-061027, General Order R-544), § 480-93-100, filed 8/23/07, effective 9/23/07. Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), § 480-93-100, filed 5/2/05, effective 6/2/05; Order R-28, § 480-93-100, filed 7/15/71; Order R-5, § 480-93-100, filed 6/6/69, effective 10/9/69.]
(2) Each ((operator)) gas pipeline company 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)) gas pipeline company's control ((it is not
possible to)) the company cannot complete remedial action
within ninety days. Each ((operator)) gas pipeline company
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)) each gas pipeline company 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)) gas
pipeline company.
(4) Each ((operator's)) gas pipeline company'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)) Each gas pipeline company 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)) gas pipeline
company 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)) gas pipeline company
must conduct a follow-up test within ninety days to determine
whether an actual short exists. The ((operator's)) gas
pipeline company'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)) gas pipeline company must clear the
shorted condition where practical.
(d) Whenever a short exists between a ((pipeline)) line
pipe and casing, the ((operator)) gas pipeline company 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)) Each gas pipeline company must record
the condition of all underground metallic facilities each time
the facilities are exposed.
(7) ((Operators)) Each gas pipeline company 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)) gas pipeline company must take a cathodic
protection test reading each time an employee or
representative of the ((operator)) gas pipeline company
exposes the facility and the protective coating is removed.
(9) Each ((operator)) gas pipeline company must have a
written atmospheric corrosion control monitoring program. The
program must have time frames for completing remedial action.
[Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), § 480-93-110, filed 5/2/05, effective 6/2/05. 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.]
(2) For casings installed after September 5, 1992,
((operators)) each gas pipeline company must attach separate
test lead wires to each casing without vents, and to the steel
gas pipeline to verify that no electric short exists between
the two, and that an adequate level of cathodic protection is
applied to the steel ((pipeline)) line pipe.
(3) Whenever ((an operator)) a gas pipeline company
installs a main or transmission line in a casing or conduit of
any type material, the ((operator)) gas pipeline company must
seal the casing ends to prevent or slow the migration of gas
in the event of a leak.
(4) Whenever ((an operator)) a gas pipeline company
installs a service line in a casing or conduit, the
((operator)) gas pipeline company 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 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), § 480-93-115, filed 5/2/05, effective 6/2/05. 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.]
(a) Where practical, over pipelines operating above two hundred fifty psig;
(b) Over mains and transmission lines crossing navigable waterways (custom signage may be required to ensure visibility);
(c) Over mains and transmission lines at river, creek, drainage ditch, or irrigation canal crossings where hydraulic scouring, dredging, or other activity could pose a risk to the pipeline (custom signage may be required to ensure visibility);
(d) Over gas pipelines at railroad crossings;
(e) At above ground gas pipelines ((and pipeline
facilities.)) except service risers ((and)), meter set
assemblies, and ((operator)) gas pipeline company owned piping
downstream of the meter set assembly ((are exempt from this
requirement)). The minimum lettering size requirements
located in 49 CFR § 192.707 (d)(1) do not apply to services;
(f) Over mains located in Class 1 and 2 locations;
(g) Over transmission lines in Class 1 and 2 locations, and where practical, over transmission lines in Class 3 and 4 locations; and
(h) Over mains and transmission lines at interstate, U.S. and state route crossings where practical.
(2) ((Where markers are required at)) If practical, the
gas pipeline company must place markers on both sides of any
crossing((s)) listed in subsection (1) of this section((, they
must be placed on both sides where practical)).
(3) Where markers are required on buried gas pipelines,
((operators must, if practical, place them)) they must be
placed approximately five hundred yards apart and at points of
horizontal deflection ((of the pipeline)) if practical.
(4) Where gas pipelines are attached to bridges or
otherwise span an area, ((operators)) each gas pipeline
company must place pipeline markers at both ends of the
suspended pipeline. ((Operators)) Each gas pipeline company
must conduct surveys of pipeline markers required by this
subsection at least annually, not to exceed fifteen months.
(5) ((Operators)) Each gas pipeline company must replace
markers that are reported damaged or missing within forty-five
days.
(6) Surveys of pipeline markers not associated with subsection (4) of this section must be conducted at least every five calendar years but not to exceed sixty-three months, to ensure that markers are visible and legible.
(a) ((The operator)) Each gas pipeline company must keep
on file the last two surveys, or all surveys for the past five
years, whichever number of surveys is greater.
(b) Survey records must include a description of the system and area surveyed.
(7) ((Operators)) Each gas pipeline company must have
records such as maps((,)) or drawings ((or other)) sufficient
((records indicating)) to indicate class locations and other
areas where pipeline markers are required.
[Statutory Authority: RCW 80.01.040, 81.01.010, and 81.88.060. 07-18-010 (Docket PG-061027, General Order R-544), § 480-93-124, filed 8/23/07, effective 9/23/07. Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), § 480-93-124, filed 5/2/05, effective 6/2/05. 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.]
[Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), § 480-93-130, filed 5/2/05, effective 6/2/05; 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)) Each gas pipeline company 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)) Each gas pipeline company 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 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), § 480-93-140, filed 5/2/05, effective 6/2/05. 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.]
(a) A list of all affected gas pipeline 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 gas 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 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), § 480-93-155, filed 5/2/05, effective 6/2/05. 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) 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. Aerial photographs must be submitted upon request;
(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 gas 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.
[Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), § 480-93-160, filed 5/2/05, effective 6/2/05; Order R-28, § 480-93-160, filed 7/15/71; Order R-5, § 480-93-160, filed 6/6/69, effective 10/9/69.]
(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)) gas pipeline company 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)) calling
the emergency notification line (see WAC 480-93-005(8)) 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)) Each gas pipeline company must perform
pressure tests for all new or replacement gas 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)) Each gas pipeline company may only use
pretested pipe when it is not feasible to conduct a pressure
test.
(6) ((Operators)) Each gas pipeline company must perform
soap tests at the tie-in joints at not less than the current
operating pressure of the gas pipeline.
(7) ((Operators)) Each gas pipeline company must keep
records of all pressure tests performed for the life of the
pipeline and must document the following information:
(a) ((Operator's)) Gas pipeline company's name;
(b) Employee's name;
(c) Test medium used;
(d) Test pressure;
(e) Test duration;
(f) Line pipe size and length;
(g) Dates and times; and
(h) Test results.
(8) Where feasible, ((operators)) each gas pipeline
company 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)) When a gas pipeline company performs
multiple pressure tests ((are performed)) on a single
installation, ((operators)) the gas pipeline company 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)) gas pipeline company. 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.
[Statutory Authority: RCW 80.01.040, 81.01.010, and 81.88.060. 07-18-010 (Docket PG-061027, General Order R-544), § 480-93-170, filed 8/23/07, effective 9/23/07. Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), § 480-93-170, filed 5/2/05, effective 6/2/05; Order R-28, § 480-93-170, filed 7/15/71; Order R-5, § 480-93-170, filed 6/6/69, effective 10/9/69.]
(2) Except ((those pipelines detailed)) for the pipe
referenced in subsection (1) of this section, a gas pipeline
company may move or lower metallic line pipe with an MAOP of
sixty psig or less, which has a nominal diameter of two inches
or less, if the gas pipeline company 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 gas pipeline company
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 gas pipeline or create an
unsafe condition.
(3) Before moving or lowering a gas pipeline other than
the line pipe described in subsection (((3))) (2) of this
section, each ((operator)) gas pipeline company must prepare a
study ((prior to moving or lowering any metallic pipeline)) to
determine whether ((the proposed action)) moving or lowering
will cause an unsafe condition. ((This study)) The gas
pipeline company's engineering department must ((be reviewed
and approved by the operator's engineering department and
retained in the operator's files)) review, approve, and retain
the study 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)) analyze the
following factors:
(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) The gas pipeline company must conduct a leak survey
((must be conducted)) within thirty days from the date the
company moves or lowers any gas pipeline ((has been moved or
lowered)) under the provisions of subsection (((3))) (2) of
this section.
[Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), § 480-93-175, filed 5/2/05, effective 6/2/05. 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 gas pipeline company must follow the
manufacturer's recommendation for 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)) If
there is no such recommendation, the gas pipeline company must
not expose plastic pipe to ultraviolet light for more than two
years. Each gas pipeline company must include the applicable
ultraviolet exposure time limit in its procedures manual.
(3) Each gas pipeline company must install a weak link on
each plastic pipe that is pulled through the ground by
mechanical means ((must have a weak link installed that
will)), to ensure the pipe will not be damaged by excessive
tensile forces.
(4) When ((installing)) a gas pipeline company installs
plastic pipelines parallel to other underground utilities,
((operators)) it 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)) a gas pipeline company 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)) a gas pipeline company installs
plastic pipelines perpendicular to other underground
utilities, ((operators)) it 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)) a gas pipeline company 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.
(6) Except for approved steel encased plastic pipe, and
except where allowed by (b) of this subsection, ((the maximum
time limit that)) a gas pipeline company may temporarily
install plastic pipe ((may be temporarily installed)) above
ground ((is)) for no longer than thirty days.
(a) During such temporary installations, ((operators))
the gas pipeline company must monitor and protect above ground
plastic pipe from potential damage.
(b) ((Operators)) A gas pipeline company may install
above ground plastic pipe for periods longer than thirty days
if ((they have)) it has a written monitoring program and
((notify)) if it notifies the commission by telephone using
the emergency notification line (see WAC 480-93-005(8)) 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.
[Statutory Authority: RCW 80.04.160, 80.28.210(1), and 80.01.040(1). 05-23-174 (Docket No. PG-050933, General Order No. R-524), § 480-93-178, filed 11/23/05, effective 12/24/05. Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), § 480-93-178, filed 5/2/05, effective 6/2/05.]
(2) The manual must be filed with the commission
forty-five days prior to the operation of any gas pipeline. ((Operators)) Each gas pipeline company must file revisions to
the manual with the commission annually. 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.
(3) The manual must be written in detail sufficient for a person with adequate training to perform the tasks described. For example, a manual should contain specific, detailed, step-by-step instructions on how to maintain a regulator or rectifier, conduct a leak survey or conduct a pressure test.
[Statutory Authority: RCW 80.01.040, 81.01.010, and 81.88.060. 07-18-010 (Docket PG-061027, General Order R-544), § 480-93-180, filed 8/23/07, effective 9/23/07. Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), § 480-93-180, filed 5/2/05, effective 6/2/05. 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.]
(2) In the event of an explosion, fire, death, or injury,
the ((operator)) gas pipeline company 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))
gas pipeline company 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,)) (for
example, a gasoline tank, a sewer, a marsh ((gas,)) or
((from)) customer-owned piping), and 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)) situation is
ongoing and potentially hazardous, the gas pipeline company
must:
(a) Take appropriate action regarding its own facilities to protect life and property; and
(b) Report the leak promptly to the source facility owner
or operator 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)) gas pipeline company 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)) gas pipeline company must
keep a record of each letter sent for five years.
[Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), § 480-93-185, filed 5/2/05, effective 6/2/05. 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) Each ((operator)) gas pipeline company must establish
a procedure for evaluating the concentration and extent of gas
leakage. When evaluating any leak, the ((operator)) gas
pipeline company must determine and document the perimeter of
the leak area. If the perimeter of the leak extends to a
building wall, the ((operator)) gas pipeline company must
extend the investigation inside the building. Where the
reading is in an unvented, enclosed space, the ((operator))
gas pipeline company must consider the rate of dissipation
when the space is ventilated and the rate of accumulation when
the space is resealed.
(3) The ((operator)) gas pipeline company must check the
perimeter of the leak area with a combustible gas indicator. The ((operator)) gas pipeline company 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.
[Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), § 480-93-186, filed 5/2/05, effective 6/2/05; Order R-103, § 480-93-186, filed 5/18/77.]
(a) Prompt action in response to a Grade 1 leak may require one or more of the following:
(i) Implementation of the ((operator's)) gas pipeline
company'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)) gas
pipeline company 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 the potential for creating a future hazard.
(a) ((Operators)) Each gas pipeline company 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)) each gas pipeline company
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)) Each gas pipeline company 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)) gas pipeline company 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)) each gas
pipeline company 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)) gas
pipeline company 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)) Each gas pipeline company 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 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), § 480-93-18601, filed 5/2/05, effective 6/2/05. 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.]
(1) Date and time the leak was detected, investigated,
reported, and repaired, and the name of the ((employee(s)))
person 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 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), § 480-93-187, filed 5/2/05, effective 6/2/05. 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.]
(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)) the gas
pipeline company must conduct a leak 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) Each gas pipeline company must maintain, test for
accuracy, calibrate and operate gas detection instruments
((must be maintained, tested for accuracy, calibrated, and
operated)) in accordance with the manufacturer's
recommendations. If there are no written manufacturer's
recommendations or schedules, then the gas pipeline company
must test such 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. The gas pipeline company must recalibrate or remove
from service any such instrument that ((fails its)) does not
meet applicable tolerances ((must be calibrated or removed
from service)). Records of accuracy checks, calibration and
other maintenance performed must be maintained for five years.
(3) Each gas pipeline company must conduct 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) Gas pipelines operating at or above two hundred fifty psig - at least once annually, but not to exceed fifteen months between surveys;
(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; and
(e) Unodorized gas pipelines - at least monthly.
(4) Each gas pipeline company must conduct special leak
surveys ((must be conducted)) under the following
circumstances:
(a) Prior to paving or resurfacing, following street
alterations or repairs where gas ((facilities)) pipelines are
under the area to be paved, and where damage could have
occurred to gas ((facilities)) pipelines;
(b) In areas where substructure construction occurs
adjacent to underground gas ((facilities)) pipelines, and
damage could have occurred to the gas ((facilities,
operators)) pipeline, each gas pipeline company must perform a
gas leak survey following the completion of construction, but
prior to paving;
(c) Unstable soil areas where active gas ((lines))
pipelines 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)) each gas pipeline company must perform a gas
leak survey from the point of damage to the service tie-in.
(5) Each gas pipeline company must keep leak 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)) person who performed the
survey;
(e) Survey dates; and
(f) Instrument tracking or identification number.
(6) Each ((operator)) gas pipeline company must perform
self audits of the effectiveness of its leak detection and
recordkeeping programs. ((Operators)) Each gas pipeline
company 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.
[Statutory Authority: RCW 80.01.040, 81.01.010, and 81.88.060. 07-18-010 (Docket PG-061027, General Order R-544), § 480-93-188, filed 8/23/07, effective 9/23/07. Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), § 480-93-188, filed 5/2/05, effective 6/2/05. 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.]
(a) ((Results in)) A fatality or personal injury
requiring hospitalization;
(b) ((Results in)) Property damage ((-to the property of
the operator and others of a combined total exceeding)) valued
at more than fifty thousand dollars;
(c) ((Results in)) The evacuation of a building, or a
high occupancy structure or area;
(d) ((Results in)) The unintentional ignition of gas;
(e) ((Results in)) The unscheduled interruption of
service furnished by any ((operator)) gas pipeline company to
twenty-five 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; or
(g) ((Results in the news media reporting the occurrence;
or
(h) Is)) A significant occurrence, in the judgment of the
((operator)) gas pipeline company, even though it does not
meet the criteria of (a) through (g) of this subsection.
(2) ((Operators)) Each gas pipeline company must give
notice to the commission by telephone using the emergency
notification line (see WAC 480-93-005(8)) within twenty-four
hours of ((occurrence of every)) each 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 gas pipeline out of service;
(c) A gas pipeline ((or system)) operating at low
pressure dropping below the safe operating conditions of
attached appliances and gas equipment; or
(d) A gas pipeline ((or system)) pressure exceeding the
MAOP.
(3) Routine or planned maintenance and operational
activities of the ((operator)) gas pipeline company 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)) Each gas pipeline company must provide
to the commission a written report within thirty days of the
initial telephonic report required under subsections (1) and
(2) of this section. At a minimum, the 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, and reason why the incident occurred. If more than one reportable condition arises from a single incident, each must be included in the report;
(d) A description of the gas ((facilities)) pipeline
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 ((operator)) gas pipeline
company was first notified of the incident;
(f) The date and time the ((operators')) gas pipeline
company's first responders arrived on-site;
(g) The date and time the gas ((facility)) pipeline was
made safe;
(h) The date, time, and type of any temporary or permanent repair that was made;
(i) The cost of the incident to the ((operator)) gas
pipeline company;
(j) Line type;
(k) City and county of incident; and
(l) Any other information deemed necessary by the commission.
(5) ((Operators)) Each gas pipeline company must submit a
supplemental report if required information becomes available
after the thirty-day report is submitted.
(6) ((Operators)) Each gas pipeline company must provide
to the commission a copy of each failure analysis report
completed or received by the ((operator)) gas pipeline
company, concerning any incident or hazardous condition due to
construction defects or material failure within five days of
completion or receipt of such report.
(7) ((Operators)) Each gas pipeline company must file
with the commission the following annual reports no later than
March 15 for the preceding calendar year:
(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." 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 one of the following:
(A) Inaccurate locate;
(B) Failure to use reasonable care;
(C) Excavated prior to a locate being conducted; or
(D) Excavator failed to call for a locate.
(c) A report detailing all construction defects and
material failures resulting in leakage. ((Operators)) Each
gas pipeline company must categorize the different types of
construction defects and material failures anticipated for
their system. The report must include the following:
(i) Types and numbers of construction defects; and
(ii) Types and numbers of material failures.
(8) ((Operators)) Each gas pipeline company must file
with the commission, and with appropriate officials of all
municipalities where ((operators)) gas pipeline companies have
facilities, the names, addresses, and telephone numbers of the
responsible officials of the ((operator)) gas pipeline company
who may be contacted in the event of an emergency. In the
event of any changes in ((operator)) such personnel, the
((operator)) gas pipeline company must immediately notify
((immediately)) the commission and municipalities.
(9) ((Operators)) Each gas pipeline company must send to
the commission, by e-mail, daily reports of construction and
repair activities. Reports may be faxed only if the
((operator)) gas pipeline company does not have e-mail
capability. Reports must be received no later than 10:00 a.m.
each day of the scheduled work, and must include both
((operator)) gas pipeline company and contractor construction
and repair activities. Report information must be broken down
by individual crews and the scheduled work must be listed by
address, as much as practical. To the extent possible the
reports will only contain construction and repair activity
scheduled for that day, but they may include a reasonable
allowance for scheduling conflicts or disruptions.
(10) When ((an operator)) a gas pipeline company 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)) gas pipeline company must
simultaneously submit a copy of the form to the commission.
[Statutory Authority: RCW 80.01.040, 81.01.010, and 81.88.060. 07-18-010 (Docket PG-061027, General Order R-544), § 480-93-200, filed 8/23/07, effective 9/23/07. Statutory Authority: RCW 80.04.160, 80.28.210(1), and 80.01.040(1). 05-23-174 (Docket No. PG-050933, General Order No. R-524), § 480-93-200, filed 11/23/05, effective 12/24/05. Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), § 480-93-200, filed 5/2/05, effective 6/2/05. 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.]
(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.)) Any gas pipeline company that violates any pipeline safety provision of any commission order or any rule in this chapter including those rules adopted by reference, or chapter 81.88 RCW is subject to a civil penalty not to exceed one hundred thousand dollars for each violation for each day that the violation persists. The maximum civil penalty under this subsection for a related series of violations is one million dollars.
[Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), § 480-93-223, filed 5/2/05, effective 6/2/05. 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 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), § 480-93-230, filed 5/2/05, effective 6/2/05. 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.]
(2) Each company will pay an annual pipeline safety fee
as established in the methodology set forth in subsection (3)
of this section (((2) below)).
(((2))) (3) The fee will be set by general order of the
commission entered before ((July)) September 1 of each year
and will be collected in four equal installments payable on
the first day of each ((calendar)) quarter as listed below:
1st quarter fee installment due September 1;
2nd quarter fee installment due December 1;
3rd quarter fee installment due March 1;
4th quarter fee installment due June 1.
(a) The total of pipeline safety fees will be calculated
to recover no more than the costs of the legislatively
authorized workload represented by current appropriations for
the commission's pipeline safety program, less the amount
received in total base grants through the Federal Department
of Transportation and less any amount received from penalties
collected under RCW 19.122.050. Federal grants, other than
the federal base grant, received by the commission for
additional activities not included or anticipated in the
legislatively directed workload will not be credited against
company pipeline safety fees, nor will the work supported by
((such)) grants be considered a cost for purposes of
calculating such fees. To the extent that the actual base
grant proceeds are different than the amount credited, the
difference will be applied in the following year.
(b) Total pipeline safety fees as determined in (a) of this subsection will be calculated in two parts:
(i) The commission's annual overhead charge to the
pipeline safety program will be allocated among companies
according to each gas pipeline company's share of the total of
all pipeline miles within Washington as reported by ((the))
companies in their annual reports to the commission.
(ii) After deducting the commission's annual overhead charge, the remainder of the total pipeline safety fee commission's annual pipeline safety program allotment will be allocated among companies in proportion to each company's share of the program staff hours that are directly attributable to particular companies. The commission will determine each company's share by dividing the total hours directly attributable to the company during the two preceding calendar years (as reflected in the program's timekeeping system) by the total of directly attributable hours for all companies over the same period.
(iii) For fee setting purposes, any program hours related
to a ((staff)) commission investigation of an incident
attributed to third-party damage ((resulting)) that results in
penalties collected under RCW 19.122.055 will not be directly
attributed to the ((operator)) owner of the damaged gas
pipeline ((for fee-setting purposes)).
(c) The commission general order setting fees pursuant to this rule will detail the specific calculation of each company's pipeline safety fee including the allocations set forth in (b) of this subsection.
(((3))) (4) By ((June)) August 1 of each year the
commission staff will mail an invoice to each company ((an
invoice)).
(((4))) (5) All funds received by the commission for the
pipeline safety program will be deposited to the pipeline
safety account. For ((those companies)) each gas pipeline
company subject to RCW 80.24.010, ((the)) their portion of the
company's total regulatory fee applicable to pipeline safety
will be transferred from the public service revolving fund to
the pipeline safety account.
(((5))) (6) Any company wishing to contest the amount of
the fee imposed under this section must pay the fee when due
and, within 6 months ((of)) after the due date of the fee,
file a petition in writing with the commission requesting a
refund. The petition must state the name of the petitioner;
the date and the amount paid, including a copy of any receipt,
if available; the amount of the fee that is contested; ((and
any)) all reasons why the commission may not impose the fee in
that amount; and a calculation and explanation of the fee
amount the petitioner contends is appropriate, if any. The
commission may grant the petition administratively or may set
the petition for adjudication or for brief adjudication.
[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, 80.24.060, and 81.24.090. 05-17-017 (Docket No. P-041344, General Order No. R-523), § 480-93-240, filed 8/4/05, effective 7/1/06. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 2001 c 238 § 2. 02-03-016 (Docket No. UG-010522, General Order No. R-497), § 480-93-240, filed 1/4/02,effective 2/4/02.]
(1) Subscribe to the appropriate one-number locator service;
(2) Provide, upon receipt of locate notice, reasonably accurate information as to its locatable underground facilities by surface-marking the location of the facilities;
(3) Respond with locate markings within two business days after receipt of the notice or within a time mutually agreed upon between the operator and the excavator requesting the utility locate information.
[Statutory Authority: RCW 80.01.040, 81.01.010, and 81.88.060. 07-18-010 (Docket PG-061027, General Order R-544), § 480-93-250, filed 8/23/07, effective 9/23/07.]
(1) Parts 191, 192, 193, and 199 of 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, ((2005)) 2007,
except the following sections are not adopted by reference:
191.1, 192.1(a), 193.2001(a), 199.1. ((However)) In addition,
please note that 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 (19th edition).
(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, 80.28.210, 81.04.160, 81.88.020, and 34.05.353. 06-14-052 (Docket A-060464, General Order No. R-535), § 480-93-999, filed 6/28/06, effective 7/29/06. Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), § 480-93-999, filed 5/2/05, effective 6/2/05. 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.]