1 STATUTORY OR OTHER AUTHORITY: The Washington utilities and transportation commission (commission) takes this action under Notice No. WSR 12-21-140, filed with the code reviser on October 24, 2012. The commission has authority to take this action under RCW 80.01.040(4), 81.01.010, 81.04.160, 81.88.040, 81.88.065, and sections 1, 2, and 5, chapter 142, Laws of 2007.
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 amends this rule to be effective on April 1, 2013.
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 The commission amends WAC 480-93-200 Reporting requirements, to provide supplemental reporting and evidentiary records and documentation needed by the commission to assist the commission in implementing recent amendments to the underground utilities law, chapter 19.122 RCW. This new law, enacted as chapter 263, Laws of 2011, authorizes the commission to enforce the underground utilities law as it relates to pipelines. Changes to this law take effect on January 1, 2013. The new rule adds new reporting and records retention requirements for gas pipeline companies in the event of damage to a gas pipeline and also requires additional reporting of excavations within thirty-five feet of a transmission pipeline if there has been no facilities locate and when a person intentionally damages or removes marks indicating the location of pipelines. The commission designates the discussion in this order, including Appendix A, as its concise explanatory statement.
6 REFERENCE TO AFFECTED RULES: This order amends the following section of the Washington Administrative Code: Amend WAC 480-93-200 Reporting requirements.
7 PREPROPOSAL STATEMENT OF INQUIRY AND ACTIONS THEREUNDER: The commission filed a preproposal statement of inquiry (CR-101) on March 21, 2012, at WSR 12-07-086. The statement advised interested persons that the commission was considering establishing rules to require gas pipeline companies to report additional information about damage to their pipeline facilities caused by excavators that have violated the underground utilities law, and to provide to violators information about their rights under the revised law. 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 notice to a list of all gas pipeline companies. The commission posted the relevant rule-making information on its internet web site at http://www.utc.wa.gov/120345. Pursuant to the notice, the commission hosted a stakeholder workshop on May 10, 2012, to discuss the establishment of additional reporting rules, and received written comments by May 25, 2012. On October 26, 2012, the commission issued draft rules to all interested persons with a November 26, 2012, deadline for filing comments.
8 MEETINGS OR WORKSHOPS; ORAL COMMENTS: The commission held one workshop on May 10, 2012, at 1:30 p.m. In addition to staff, the following stakeholders attended the workshop: Gary Hyatt, Northwest Natural; Sharon Banfield and Randy Bareither, Avista Utilities Corporation; Ed Hawthorn, City of Enumclaw; Scott Sammons, Puget Sound Energy; Holly Williamson, Olympic Pipeline; Jason Lambert, Williams-Northwest Pipeline; and Steve Kessie and Tina Beach, Cascade Natural Gas Corporation. There was general consensus that additional reporting requirements would not be financially burdensome to the companies. There was however some confusion among some of the stakeholders regarding staff's proposal for companies to report violators who excavate within thirty-five feet of a transmission pipeline. They believe it was the commission's expectation that pipeline companies be required to continuously monitor their transmission pipeline rights-of-way in order to identify violators. This requirement would result in significant cost increases to companies.
9 NOTICE OF PROPOSED RULE MAKING: The commission filed a notice of proposed rule making (CR-102) on October 24, 2012, at WSR 12-21-140. The commission scheduled this matter for oral comment and adoption under Notice No. WSR 12-21-140 at 9:30 a.m., Wednesday, December 19, 2012, 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 Dan Kirschner, representing the Northwest Gas Association, and Linda Gervais, representing Avista Utilities Corporation. A summary of written comments and commission responses are contained in Appendix A, shown below, and made part of, this order.
Summary of Written Comments
Rule Making to Consider Amending WAC 480-93-200, Relating to Gas Companies' Safety For November 26, 2012, Comments
|ISSUE||INTERESTED PERSON||COMMENTS||STAFF RESPONSE|
|General comments||Northwest Gas Association (NWGA)||1) In order to ensure that the information operators are required to disseminate to excavators in subsection (8) related to chapter 19.122 RCW is consistent regardless of location or parties involved, the Commission should provide guidance as to the form this material should take.||Staff response: Operators should make their own decisions on what form the guidance material should take as long as material adequately describes 1) The excavator's responsibilities under RCW 19.122.050 and 19.122.053 and 2) The process for filing a complaint with the safety committee. The next edition of the WUCC recommended digging guidelines, projected to be published by the end of CY 2012, is expected to contain sufficient details to allow operators to comply with the proposed rule requirements.|
|2) The commission should provide guidance in the rule concerning how an operator is to demonstrate compliance with subsection (8). For instance, would documenting the distribution of the recommended digging guidelines booklet designed and written by the Washington utilities coordinating council (or similar resource) constitute compliance?||Staff response: Documenting the distribution of the recommended digging guidelines or other form of guidance material the operator chooses to use would be sufficient to demonstrate compliance. It should be stressed however that any process the operator chooses to adopt for the distribution of materials, and documentation of these actions should be incorporated into their operations and maintenance plans and procedures, or public awareness plans.|
|3) Subsection (8)(c) requires the operator to provide information about the safety committee including its process for filing complaints. The adoption hearing for this rule is scheduled for December 19, 2012, yet the safety committee has not yet published its process for filing complaints. This creates a timing misalignment and the potential for noncompliance.||Staff response: Staff understands that the safety committee has committed to provide this information by early 2013. Rules adopted by the commission typically go into effect on the thirty-first day after adopted rules are filed with the code reviser's office. Staff agrees with the NWGA that there could be a timing issue for operators in their efforts to comply with the proposed rules. Staff will propose that adopted rules have an effective date of April 1, 2013.|
|4) The DIRT web site does not yet allow for all of the information requested in RCW 19.122.053 thereby creating another timing misalignment. NWGA requests that the commission consider postponing adoption until such a time that:||Staff response: Please refer to staff's responses to the first three issues you raised.|
|• The commission has advised
pipeline operators on what
form the notification to
excavators should take and
how to demonstrate
compliance with the
• The safety committee has published procedures by which a party may submit a complaint;
• The DIRT web site is able to receive all of the damage data as stated in RCW 19.122.053.
|Regarding the DIRT web site, staff disagrees with NWGA that the DIRT web site does not allow for the collection of this information. Data required under these proposed rules can be readily entered under Part J - Additional Comments of the DIRT report form without requiring additional modification to the reporting form.|
|5) NWGA suggests that the rule could be adopted with an effective date of June 30, 2013, to provide adequate time to work through the issues note[d] above.||Staff response: Staff agrees with the NWGA that there could be timing issue for operators but only with respect to excavator notification requirements. Staff will propose that adopted rules have an effective date of April 1, 2013.|
|General comments||Avista Corp.
||"Avista is supportive of the rule as it is written and appreciates Commission staff incorporating input from previous comments and the workshop to appease the Company's previous concerns."|
12 COMMISSION ACTION: After considering all of the information regarding this proposal, including comments filed by interested stakeholders, the commission finds and concludes that it should amend the rule as proposed in the CR-102 at WSR 12-21-140, with an effective date of April 1, 2013, with the changes described below.
13 CHANGES FROM PROPOSAL: After reviewing the entire record, the commission adopts the CR-102 proposal with the following changes from the text noticed at WSR 12-21-140: WAC 480-93-200 Reporting requirements.
The commission modifies language in WAC 480-93-200 (7)(b), second sentence to read:
The company must include this information in the comment
section of the web-based damage reporting tool form or
send it to the commission separately.
The commission modifies language in WAC 480-93-200 (9)(a) and (b) as follows:
(a) An excavator digs within thirty-five feet of a transmission pipeline, as defined by RCW 19.122.020(26), without first obtaining a facilities locate; or
Some maliciously A person intentionally damages or
removes marks indicating the location or presence of pipeline
14 STATEMENT OF ACTION; STATEMENT OF EFFECTIVE DATE: After reviewing the entire record, the commission determines that WAC 480-93-200 should be amended to read as set forth in Appendix B, as a rule of the Washington utilities and transportation commission, to take effect pursuant to RCW 34.05.380(2) on April 1, 2013, to allow the gas pipeline companies adequate time to comply with the new reporting requirements.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, 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 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
16 The commission amends WAC 480-93-200 to read as set forth in Appendix B, as a rule of the Washington utilities and transportation commission, to take effect April 1, 2013.
17 This order and the rule 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, January 16, 2013.
Washington State Utilities and Transportation Commission
Jeffrey D. Goltz, Chairman
Philip B. Jones, Commissioner
WAC 480-93-200 Reporting requirements
AMENDATORY SECTION(Amending Docket PG-070975, General Order R-549, filed 5/30/08, effective 6/30/08)
WAC 480-93-200 Reporting requirements. (1) Each gas pipeline company must give notice to the commission by telephone using the emergency notification line (see WAC 480-93-005(8)) within two hours of discovering an incident or hazardous condition arising out of its operations that results in:
(a) A fatality or personal injury requiring hospitalization;
(b) Property damage valued at more than fifty thousand dollars;
(c) The evacuation of a building, or a high occupancy structure or area;
(d) The unintentional ignition of gas;
(e) The unscheduled interruption of service furnished by any gas pipeline company to twenty-five or more distribution customers;
(f) 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) A significant occurrence, in the judgment of the gas pipeline company, even though it does not meet the criteria of (a) through (g) of this subsection.
(2) 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 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 operating at low pressure dropping below the safe operating conditions of attached appliances and gas equipment; or
(d) A gas pipeline pressure exceeding the MAOP.
(3) Routine or planned maintenance and operational activities of the 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) 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 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 gas pipeline company was first notified of the incident;
(f) The date and time the gas pipeline company's first responders arrived on-site;
(g) The date and time the gas 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 gas pipeline company;
(j) Line type;
(k) City and county of incident; and
(l) Any other information deemed necessary by the commission.
(5) Each gas pipeline company must submit a supplemental report if required information becomes available after the thirty-day report is submitted.
(6) Each gas pipeline company must provide to the commission a copy of each failure analysis report completed or received by the 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) In the event of damage to a gas pipeline, each gas pipeline company must provide to the commission the following information using either the commission's web-based damage reporting tool or its successor, or the damage reporting form located on the commission's web site:
(a) The reporting requirements set forth in RCW 19.122.053 (3)(a) through (n);
(b) If the damage is believed by the company to be the result of an excavation conducted without a facilities locate first being completed, the gas pipeline company must also report the name, address, and phone number of the person or entity that the company has reason to believe may have caused the damage. The company must include this information in the comment section of the web-based damage reporting tool form or send it to the commission separately. If the company chooses to send the information separately, it must include sufficient information to allow the commission to link the name of the party believed to have caused the damage with the damage event reported through the damage reporting tool.
(c) Each gas pipeline company must retain all damage and damage claim records it creates related to damage events, including photographs and documentation supporting the conclusion that a facilities locate was not completed, reported under subsection (b) of this section, for a period of two years and make those records available to the commission upon request.
(8) Each gas pipeline company must provide, to an excavator who damages a gas pipeline facility, the following information set forth in chapter 19.122 RCW:
(a) Notification requirements for excavators under RCW 19.122.050(1);
(b) A description of the excavator's responsibilities for reporting damages under RCW 19.122.053; and
(c) Information concerning the safety committee referenced under RCW 19.122.130, including committee contact information, and the process for filing a complaint with the safety committee.
(9) Each gas pipeline company must report to the commission the details of each instance of the following when the company or its contractor observes or becomes aware of either of these events:
(a) An excavator digs within thirty-five feet of a transmission pipeline, as defined by RCW 19.122.020(26) without first obtaining a facilities locate; or
(b) A person intentionally damages or removes marks indicating the location or presence of gas pipeline facilities.
The company must only report information to the extent that an employee or contractor of the company observes or becomes aware of these events.
(10) 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.
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. 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))) (11) Each gas pipeline company must file with the
commission, and with appropriate officials of all
municipalities where gas pipeline companies have facilities,
the names, addresses, and telephone numbers of the responsible
officials of the gas pipeline company who may be contacted in
the event of an emergency. In the event of any changes in
such personnel, the gas pipeline company must immediately
notify the commission and municipalities.
(9))) (12) 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 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 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))) (13) When 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
gas pipeline company must simultaneously submit a copy of the
form to the commission.
[Statutory Authority: RCW 80.01.040, 80.04.060 and 81.88.040. 08-12-046 (Docket PG-070975, General Order R-549), § 480-93-200, filed 5/30/08, effective 6/30/08. 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.]