WSR 13-03-099

PERMANENT RULES

UTILITIES AND TRANSPORTATION

COMMISSION

[ Docket PL-120350, General Order R-568 -- Filed January 16, 2013, 8:27 a.m. , effective April 1, 2013 ]

In the matter of amending and adopting WAC 480-75-630 Incident reporting, relating to Hazardous liquid companies -- Safety.

1 STATUTORY OR OTHER AUTHORITY: The Washington utilities and transportation commission (commission) takes this action under Notice No. WSR 12-21-141, 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 480-75-630 Incident reporting, 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 hazardous liquid pipeline companies in the event of damage to a hazardous liquid pipeline and also requires additional reporting of excavations within thirty-five feet of a transmission pipeline if there has been no facilities locate completed 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 480-75-630 Incident reporting.

7 PREPROPOSAL STATEMENT OF INQUIRY AND ACTIONS THEREUNDER: The commission filed a preproposal statement of inquiry (CR-101) on March 21, 2012, at WSR 12-07-087. The statement advised interested persons that the commission was considering establishing rules to require hazardous liquid pipeline companies to report 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 hazardous liquid pipeline companies. The commission posted the relevant rule-making information on its internet web site at http://www.utc.wa.gov/120350. 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 12-21-141. The commission scheduled this matter for oral comment and adoption under Notice No. WSR 12-21-141 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 did not receive comments on the hazardous liquid rule making.

11 RULE-MAKING HEARING: The commission considered the proposed rule for adoption at a rule-making hearing on Wednesday, December 19, 2012, before Chairman Jeffrey D. Goltz, and Commissioner Patrick J. Oshie. No other interested person made oral comments.

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 12-21-141, 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 12-21-141:

14 WAC 480-75-630 Incident reporting.

The commission modifies language in WAC 480-75-630 (4)(b), second sentence to read:

The company must include this information in the comment section of the web-based damage reporting tool form or sent send it to the commission separately.

The commission modifies language in WAC 480-75-630 (6)(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

(b) Some maliciously A person intentionally damages or removes marks indicating the location or presence of pipeline facilities.

15 STATEMENT OF ACTION; STATEMENT OF EFFECTIVE DATE: After reviewing the entire record, the commission determines that WAC 480-75-630 should be amended to read as set forth in Appendix A, 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 hazardous liquid 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.

ORDER


16 THE COMMISSION ORDERS:

17 The commission amends WAC 480-75-630 to read as set forth in Appendix A, as a rule of the Washington utilities and transportation commission, to take effect April 1, 2013.

18 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

APPENDIX A


Docket PL-120350

WAC 480-75-630 Incident reporting

OTS-5100.2


AMENDATORY SECTION(Amending Docket PL-070974, General Order R-548, filed 5/30/08, effective 6/30/08)

WAC 480-75-630   Incident reporting.   (1) Each hazardous liquid pipeline company must give telephonic notice to the commission within two hours of discovery of an incident involving that company's pipeline, such as a release of a hazardous liquid, that results in:

(a) A fatality;

(b) Personal injury requiring hospitalization;

(c) Fire or explosion not intentionally set by the pipeline company;

(d) Spills of five gallons or more of product from the pipeline;

(e) Damage to the property of the hazardous liquid pipeline company and others of a combined total cost exceeding twenty-five thousand dollars (automobile collisions and other equipment accidents not involving hazardous liquid or hazardous-liquid-handling equipment need not be reported under this rule);

(f) A significant occurrence in the judgment of the hazardous liquid pipeline company, even though it does not meet the criteria of (a) through (e) of this subsection;

(g) The news media reports the occurrence, even though it does not meet the criteria of (a) through (f) of this subsection.

(2) Each hazardous liquid pipeline company that has an incident described in subsection (1) of this section shall send a written report to the commission within thirty calendar days of the incident. The report 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 injuries and damage;

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

(d) A description and maximum operating pressure of the pipeline implicated in the incident and the system operating pressure at the time of the incident;

(e) The date and time the pipeline returns to safe operations; and

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

(3) A hazardous liquid pipeline company must give the commission telephonic notification within twenty-four hours of emergency situations including emergency shutdowns, material defects, or physical damage that impairs the serviceability of the pipeline.

(4) In the event of damage to a hazardous liquid pipeline, each hazardous liquid 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 hazardous liquid 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 hazardous liquid 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.

(5) Each hazardous liquid pipeline company must provide to an excavator who damages a hazardous liquid 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 how the excavator may file a complaint with the safety committee.

(6) Each hazardous liquid 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 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.

[Statutory Authority: RCW 80.01.040, 80.04.060, 81.88.040. 08-12-045 (Docket PL-070974, General Order R-548), 480-75-630, filed 5/30/08, effective 6/30/08. Statutory Authority: RCW 80.01.040, 81.01.010, 81.88.060. 07-09-001 (Docket PL-061026, General Order R-541), 480-75-630, filed 4/4/07, effective 5/5/07. Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 (Docket No. TO-000712, General Order No. R-500), 480-75-630, filed 8/26/02, effective 9/26/02.]