WSR 22-11-093
EXPEDITED RULES
UTILITIES AND TRANSPORTATION
COMMISSION
[Commission Docket A-210960—Filed May 18, 2022, 10:22 a.m.]
Title of Rule and Other Identifying Information: This rule making would revise adoption-by-reference dates and correct ministerial errors in Title 480 WAC to incorporate the most recent version of adopted federal rules and other adopted publications and provide corrected phone numbers and reference links.
Rules affected include WAC 480-14-999, 480-15-999, 480-30-999, 480-31-999, 480-62-305, 480-62-999, 480-70-999, 480-75-999, 480-90-999, 480-93-005, 480-93-200, 480-93-999, 480-100-999, 480-103-999, 480-108-999, 480-109-999, 480-110-999, 480-120-999, and 480-123-999.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal would revise the adoption-by-reference dates to reflect the current version(s) of adopted materials and make other minor administrative updates and corrections.
Reasons Supporting Proposal: The commission adopts by reference several parts in Titles 18, 47, and 49 of the Code of Federal Regulations and other state rules and national standards. This adoption package will make commission rules consistent with current published versions of federal rules and reflect the most current versions of the national safety standards.
Statutory Authority for Adoption: RCW 80.10.040, 80.04.160, 81.04.160, and 34.05.353.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington utilities and transportation commission, governmental.
Name of Agency Personnel Responsible for Drafting: Gregory J. Kopta, Administrative Law Judge, 621 Woodland Square Loop S.E., Lacey, WA 98503, 360-664-1355; Implementation and Enforcement: Amanda Maxwell, Executive Director and Secretary, 621 Woodland Square Loop S.E., Lacey, WA 98503, 360-664-1115.
This notice meets the following criteria to use the expedited adoption process for these rules:
Adopts or incorporates by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.
Corrects typographical errors, make address or name changes, or clarify language of a rule without changing its effect.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Amanda Maxwell, Executive Director and Secretary, Washington Utilities and Transportation Commission, P.O. Box 47250, Olympia, WA 98504-7250, phone 360-664-1160, email records@utc.wa.gov, AND RECEIVED BY July 18, 2022.
May 18, 2022
Amanda Maxwell
Executive Director
and Secretary
OTS-3813.1
AMENDATORY SECTION(Amending WSR 21-13-130, filed 6/22/21, effective 7/23/21)
WAC 480-14-999Adoption by reference.
In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission library. The publication, effective dates, references within this chapter, and availability of the resource is within Title 49 Code of Federal Regulations (C.F.R.), including all appendices and amendments is published by the United States Government Printing Office.
(1) The commission adopts the version in effect on December 31, ((2020))2021, for 49 C.F.R. Parts 171, 172 and 173.
(2) This publication is referenced in WAC 480-14-250 (Insurance requirements).
(3) Copies of Title 49 C.F.R. are available from the U.S. Government Online Bookstore, https://bookstore.gpo.gov/, and from various third-party vendors.
OTS-3814.1
AMENDATORY SECTION(Amending WSR 21-13-130, filed 6/22/21, effective 7/23/21)
WAC 480-15-999Adoption by reference.
In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:
(1) North American Standard Out-of-Service Criteria (OOSC) is published by the Commercial Vehicle Safety Alliance (CVSA).
(a) The commission adopts the version in effect on April 1, ((2021))2022.
(b) This publication is referenced in WAC 480-15-560 (Equipment safety requirements).
(c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA.
(2) Title 49 Code of Federal Regulations, cited as 49 C.F.R., including all appendices and amendments is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on December 31, ((2020))2021.
(b) This publication is referenced in WAC 480-15-560 (Equipment safety requirements) and WAC 480-15-570 (Driver safety requirements).
(c) Copies of Title 49 Code of Federal Regulations are available from the U.S. Government Online Bookstore, https://bookstore.gpo.gov/, and from various third-party vendors.
OTS-3815.1
AMENDATORY SECTION(Amending WSR 21-13-130, filed 6/22/21, effective 7/23/21)
WAC 480-30-999Adoption by reference.
In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:
(1) North American Standard Out-of-Service Criteria (OOSC) is published by the Commercial Vehicle Safety Alliance (CVSA).
(a) The commission adopts the version in effect on April 1, ((2021))2022.
(b) This publication is referenced in WAC 480-30-221 (Vehicle and driver safety requirements).
(c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA.
(2) Title 49 Code of Federal Regulations, cited as 49 C.F.R., including all appendices and amendments is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on December 31, ((2020))2021.
(b) This publication is referenced in WAC 480-30-221 (Vehicle and driver safety requirements) and WAC 480-30-226 (Intrastate medical waivers).
(c) Copies of Title 49 Code of Federal Regulations are available from the U.S. Government Online Bookstore, https://bookstore.gpo.gov/, and from various third-party vendors.
OTS-3816.1
AMENDATORY SECTION(Amending WSR 21-13-130, filed 6/22/21, effective 7/23/21)
WAC 480-31-999Adoption by reference.
In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:
(1) North American Standard Out-of-Service Criteria (OOSC) is published by the Commercial Vehicle Safety Alliance (CVSA).
(a) The commission adopts the version in effect on April 1, ((2021))2022.
(b) This publication is referenced in WAC 480-31-120 (EquipmentInspectionOrdered for repairs).
(c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA.
(2) Title 49 Code of Federal Regulations, cited as 49 C.F.R., including all appendices and amendments is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on December 31, ((2020))2021.
(b) This publication is referenced in WAC 480-31-100 (EquipmentSafety), WAC 480-31-120 (EquipmentInspectionOrdered for repairs), and WAC 480-31-130 (Operation of motor vehicles).
(c) Copies of Title 49 Code of Federal Regulations are available from the U.S. Government Online Bookstore, https://bookstore.gpo.gov/, and from various third-party vendors.
OTS-3817.1
AMENDATORY SECTION(Amending WSR 01-04-026, filed 1/30/01, effective 3/2/01)
WAC 480-62-305Railroad community notice requirements.
This rule is not intended to cover immediate safety hazards or emergencies.
(1) At least ten days prior to taking any planned action that may have a significant impact on a community, railroad companies must notify, in writing, the governing authority of the community and the commission of the planned action.
Note:
Maintenance practices, such as replacing broken planks if the opportunity to do so is unexpectedly presented, are not considered to be planned actions and would likely prevent safety hazards. In such situations, advance notice would not be required.
(2) Examples of actions that may have significant impact on a community include disrupting the use of a crossing for track inspection, reconstruction, maintenance, or blocking a crossing.
(3) The notice must contain a heading with the words "important notice" in prominent type and contain, at a minimum, the following:
(a) Date the notice is issued;
(b) A clear explanation of the type of planned event;
(c) Specific location of the event;
(d) An estimation of the start and completion date of the event;
(e) Any additional information that will assist the community to plan for the event;
(f) Railroad company contact person and phone number; and
(g) A statement substantially as follows: "If you have questions about the regulatory process, you may contact the Washington Utilities and Transportation Commission at: WUTC, ((1300 S. Evergreen Park Dr. S.W.,))621 Woodland Square Loop S.E., Lacey, WA 98503 or P.O. Box 47250, Olympia, WA 98504-7250; ((1-800-562-6150 (toll-free)))360-664-1262. Also, you may contact the Federal Railroad Administration at 1-800-724-5998 (toll-free)."
(4) Whenever a highway authority plans to perform maintenance that will affect a crossing, it must notify the railroad company and local jurisdiction at least ten days before performing the maintenance.
(5) Whenever a railroad company plans to perform maintenance that involves changing the type of material used as a grade crossing surface, it must also notify the commission at least ten days prior to performing the replacement.
AMENDATORY SECTION(Amending WSR 21-13-130, filed 6/22/21, effective 7/23/21)
WAC 480-62-999Adoption by reference.
In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:
(1) Title 49 Code of Federal Regulations, cited as 49 C.F.R., including all appendices and amendments is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on December 31, ((2020))2021.
(b) This publication is referenced in WAC 480-62-160 (Compliance policy), WAC 480-62-200 (Roadway worker safety and operating rules and statutes), WAC 480-62-205 (Track safety standards), WAC 480-62-210 (Crossing signal circuitry), WAC 480-62-215 (Hazardous materials regulations), WAC 480-62-235 (Flaggers), WAC 480-62-240 (Railroad owned or operated passenger carrying vehiclesEquipment), WAC 480-62-278 (Contract crew transportation vehicle and driver safety requirements), and WAC 480-62-293 (Contract crew transportation enforcement).
(c) Copies of Title 49 Code of Federal Regulations are available from the U.S. Government Online Bookstore, https://bookstore.gpo.gov/, and from various third-party vendors.
(2) Manual on Uniform Traffic Control Devices, cited as Manual on Uniform Traffic Control Devices, or MUTCD, is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on December 31, ((2020))2021.
(b) This publication is referenced in WAC 480-62-230 (Traffic control devices), WAC 480-62-235 (Flaggers), and WAC 480-62-245 (Railroad owned or operated passenger carrying vehiclesOperation).
(c) Copies of the MUTCD are available from the U.S. Government Online Bookstore, https://bookstore.gpo.gov/, and from various third-party vendors.
(3) ANSI/ISEA Z308.1 - 2015 American National Standard for Minimum Requirements for Workplace First Aid Kits is published by the American National Standards Institute.
(a) The commission adopts the version in effect on December 31, ((2020))2021.
(b) This publication is referenced in WAC 480-62-240 (Passenger carrying vehicles—Equipment).
(c) Copies of ANSI/ISEA Z308.1 - 2015 American National Standard for Minimum Requirements for Workplace First Aid Kits and Supplies are available from IHS Global Engineering Documents in Englewood, Colorado.
(4) ANSI/ISEA 207-2011 - American National Standard for High-Visibility Public Safety Vests is published by the American National Standards Institute.
(a) The commission adopts the version in effect on December 31, ((2020))2021.
(b) This publication is referenced in WAC 480-62-235 (Flaggers).
(c) Copies of ANSI/ISEA 207-2011 - American National Standard for High-Visibility Public Safety Vests are available from IHS Global Engineering Documents in Englewood, Colorado.
(5) North American Standard Out-of-Service Criteria (OOSC) is published by the Commercial Vehicle Safety Alliance (CVSA).
(a) The commission adopts the version in effect on April 1, ((2021))2022.
(b) This publication is referenced in WAC 480-62-278 (Contract crew transportation vehicle and driver safety requirements).
(c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA.
OTS-3818.1
AMENDATORY SECTION(Amending WSR 21-13-130, filed 6/22/21, effective 7/23/21)
WAC 480-70-999Adoption by reference.
In this chapter, the commission adopts by reference all, or portions of, regulations and standards identified below. They are available for inspection at the commission library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:
(1) The North American Standard Out-of-Service Criteria is published by the Commercial Vehicle Safety Alliance (CVSA).
(a) The commission adopts the version in effect on April 1, ((2021))2022.
(b) This publication is referenced in WAC 480-70-201 (Vehicle and driver safety requirements).
(c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA.
(2) Title 40 Code of Federal Regulations, cited as 40 C.F.R., including all appendices and amendments is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on December 31, ((2020))2021.
(b) This publication is referenced in WAC 480-70-041 (Definitions, general).
(c) Copies of Title 40 Code of Federal Regulations are available from the U.S. Government Online Bookstore, https://bookstore.gpo.gov/, and from various third-party vendors.
(3) Title 49 Code of Federal Regulations, cited as 49 C.F.R., including all appendices and amendments is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on December 31, ((2020))2021.
(b) This publication is referenced in WAC 480-70-201 (Vehicle and driver safety requirements), WAC 480-70-431 (Biomedical waste, adoption of federal regulations), and WAC 480-70-486 (Hazardous waste, adoption of federal regulations).
(c) Copies of Title 49 Code of Federal Regulations are available from the U.S. Government Online Bookstore, https://bookstore.gpo.gov/, and from various third-party vendors.
OTS-3838.1
AMENDATORY SECTION(Amending WSR 21-13-130, filed 6/22/21, effective 7/23/21)
WAC 480-75-999Adoption by reference.
In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:
(1) Title 49 Code of Federal Regulations, cited as 49 C.F.R., Parts 190.221, 190.223, 195, 196, 198, and 199 including all appendices and amendments except for 49 C.F.R. Sections 195.0, 195.1, 199.1, 199.2, and 196.1 published by the United States Government Printing Office.
(a) The commission adopts the version in effect on ((January 11))December 31, 2021.
(b) This publication is referenced in WAC 480-75-100 (Definitions), WAC 480-75-370 (Design factor (F) for steel pipe), WAC 480-75-250 (Civil penalty for violation of chapter 81.88 RCW), WAC 480-75-650 (Annual reports), and WAC 480-75-660 (Procedural manual for operations, maintenance, and emergencies).
(c) Copies of Title 49 Code of Federal Regulations are available from the U.S. Government Online Bookstore, https://bookstore.gpo.gov/.
(2) The American Society of Mechanical Engineers (ASME) B31.4, 2006 edition, October 20, 2006.
(a) This publication is referenced in WAC 480-75-350 (Design specifications for new pipeline projects), WAC 480-75-440 (Pipeline repairs), and WAC 480-75-450 (Construction specifications).
(b) Copies of ASME B31.4 are available from ASME, https://www.asme.org/codes/. It is also available for inspection at the commission.
(3) The 2007 edition, July 2007, of Section IX of the ASME Boiler and Pressure Vessel Code.
(a) This publication is referenced in WAC 480-75-430 (Welding procedures).
(b) Copies of the 2007 edition, of Section IX of the ASME Boiler and Pressure Vessel Code are available from ASME, https://www.asme.org/codes/. It is also available for inspection at the commission.
(4) The commission adopts American Petroleum Institute (API) standard 1104 (20th edition 2005, including errata/addendum July 2007 and errata 2 (December 2008)).
(a) This publication is referenced in WAC 480-75-430 (Welding procedures) and WAC 480-75-460 (Welding inspection requirements).
(b) Copies of API standard 1104 (20th edition 2005, including errata/addendum July 2007 and errata December 2008) are available from the Office of API Publishing Services, https://www.api.org/. It is also available for inspection at the commission.
OTS-3819.1
AMENDATORY SECTION(Amending WSR 21-13-130, filed 6/22/21, effective 7/23/21)
WAC 480-90-999Adoption by reference.
In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission library. The publications, effective date, references within this chapter, and availability of the resources are as follows:
(1) Title 18 Code of Federal Regulations, cited as 18 C.F.R., including all appendices and amendments is published by the United States Government Publishing Office.
(a) The commission adopts the version in effect on April 1, ((2021))2022.
(b) The accounting and reporting for the types of transactions and events covered by the amendment should not be construed as indicative of their treatment by this commission for ratemaking purposes.
(c) This publication is referenced in WAC 480-90-203 (Accounting system requirements), WAC 480-90-244 (Transferring cash or assuming obligations), WAC 480-90-252 (Federal Energy Regulatory Commission (FERC) Form No. 2), and WAC 480-90-268 (Essential utilities services contracts report).
(d) Copies of Title 18 Code of Federal Regulations are available from the U.S. Government Publishing Office in Washington, D.C., or online at https://www.gpo.gov/, and from various third-party vendors. It is also available for inspection at the commission branch of the state library.
(2) The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Utilities is published by the National Association of Regulatory Utility Commissioners (NARUC).
(a) The commission adopts the version in effect in 2007.
(b) This publication is referenced in WAC 480-90-228 (Retention and preservation of records and reports).
(c) The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Utilities is a copyrighted document. Copies are available from NARUC, in Washington, D.C. or at NARUC publications store online: ((https://www.naruc.org/resolutions-index/2007-annual-meeting-resolutions/))https://maxxwww.naruc.org/forms/store/ProductFormPublic/regulations-to-govern-the-preservation-of-records. It is also available for inspection at the commission branch of the state library.
OTS-3820.1
AMENDATORY SECTION(Amending WSR 21-13-130, filed 6/22/21, effective 7/23/21)
WAC 480-93-005Definitions.
(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) "C.F.R." 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 1-888-321-9144.
(9) "Follow-up inspection" means an inspection performed after a repair has been completed in order to determine the effectiveness of the repair.
(10) "Gas" means natural gas, flammable gas, or gas that is toxic or corrosive.
(11) "Gas associated substructures" means those devices or facilities utilized by 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.
(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 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.
(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))20 or more persons on at least five days a week for ((ten))10 weeks in any ((twelve-month))12-month period. (The days and weeks need not be consecutive.)
(15) "Indication" means a response indicated by a gas detection instrument that has not been verified as a reading.
(16) "LEL" means the lower explosive limit of the gas being transported.
(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.
(19) "Master meters system" 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.
(20) "Prompt action" means to dispatch qualified personnel without undue delay.
(21) "Psig" means pounds per square inch gauge.
(22) "Reading" means a repeatable representation on a combustible gas indicator or equivalent instrument expressed in percent LEL or gas-air ratio.
(23) "Record(s)" means any electronic or paper document, map, database, report or drawing created by or kept by a gas pipeline company.
(24) "Sniff test" means a qualitative test utilizing both threshold and readily detectable methods for determining proper concentrations of odorant.
(25) "Transmission line" means a gas pipeline as defined in 49 C.F.R. § 192.3 on the date specified in WAC 480-93-999.
(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.
(27) Other terms that correspond to those used in 49 C.F.R. Parts 191, 192, 193, 196, and 199 (Minimum Federal Safety Standards for Gas Pipelines) must be construed as used therein on the date specified in WAC 480-93-999.
AMENDATORY SECTION(Amending WSR 13-03-098, filed 1/16/13, effective 4/1/13)
WAC 480-93-200Reporting 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))$50,000, or as defined in 49 C.F.R. 191.3 (1)(ii), whichever is higher;
(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))25 or more distribution customers;
(f) A pipeline or system pressure exceeding the MAOP plus ((ten))10 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))24 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))30 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))30-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 website:
(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))35 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 15th 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 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.
(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.
(12) Each gas pipeline company must send to the commission, by email, daily reports of construction and repair activities. Reports may be faxed only if the gas pipeline company does not have email 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.
(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.
AMENDATORY SECTION(Amending WSR 21-13-130, filed 6/22/21, effective 7/23/21)
WAC 480-93-999Adoption by reference.
In this chapter, the commission adopts by reference each of the regulations and/or standards identified below. Each regulation or standard is listed by publication, publisher, scope of what the commission is adopting, effective date of the regulation or standard, the place within the commission's rules the regulation or standard is referenced, and where to obtain the regulation or standard.
(1) Parts 190.221, 190.223, 191, 192, 193, 196, 198, and 199 of Title 49 Code of Federal Regulations, 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 ((January 11))December 31, 2021, except the following sections are not adopted by reference: 191.1, 192.1(a), 193.2001(a), 196.1, 198.1, 199.1. 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 C.F.R. Sec. 192.801 (b)(2).
(b) This publication is referenced in WAC 480-93-005 (Definitions), WAC 480-93-015 (Odorization of gas), WAC 480-93-018 (Records), WAC 480-93-080 (Welder and plastic joiner identification and qualification), WAC 480-93-100 (Valves), WAC 480-93-110 (Corrosion control), WAC 480-93-124 (Pipeline markers), WAC 480-93-160 (Reporting requirements of proposed construction), WAC 480-93-170 (Tests and reports for gas pipelines), WAC 480-93-180 (Plans and procedures), WAC 480-93-223 (Civil penalty for violation of chapter 81.88 RCW and commission gas safety rules), and WAC 480-93-18601 (Leak classification and action criteriaGradeDefinitionPriority of leak repair).
(c) Copies of Title 49 Code of Federal Regulations are available from the U.S. Government Online Bookstore, https://bookstore.gpo.gov/. It is also available for inspection at the commission.
(2) Section IX of the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code.
(a) The commission adopts the 2007 edition, July 1, 2007, 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 (2007 edition, including addenda through July 1, 2005) are available from ASME, https://www.asme.org/codes/. It is also available for inspection at the commission.
(3) The American Petroleum Institute (API) standard 1104 (20th edition October 2005, including errata/addendum July 2007 and errata 2 (2008)).
(a) The commission adopts the 20th edition 2005, including errata/addendum July 2007 and errata 2 (2008) of this standard.
(b) This standard is referenced in WAC 480-93-080.
(c) Copies of API standard 1104 (20th edition 2005, including errata/addendum July 2007 and errata December 2008) are available from the Office of API Publishing Services, https://www.api.org/. It is also available for inspection at the commission.
OTS-3821.1
AMENDATORY SECTION(Amending WSR 21-13-130, filed 6/22/21, effective 7/23/21)
WAC 480-100-999Adoption by reference.
In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. The publications, effective date, references within this chapter, and availability of the resources are as follows:
(1) Title 18 Code of Federal Regulations, cited as 18 C.F.R., including all appendices and amendments is published by the United States Government Publishing Office.
(a) The commission adopts the version in effect on April 1, ((2021))2022.
(b) The accounting and reporting for the types of transactions and events covered by the amendment should not be construed as indicative of their treatment by this commission for ratemaking purposes.
(c) This publication is referenced in WAC 480-100-203 (Accounting system requirements), WAC 480-100-244 (Transferring cash or assuming obligations), WAC 480-100-252 (Federal Energy Regulatory Commission (FERC) Form No. 1), and WAC 480-100-268 (Essential utilities services contracts report).
(d) Copies of Title 18 Code of Federal Regulations are available from the U.S. Government Publishing Office in Washington D.C., or online at https://www.gpo.gov/, and from various third-party vendors. It is also available for inspection at the commission library.
(2) The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Utilities is published by the National Association of Regulatory Utility Commissioners (NARUC).
(a) The commission adopts the version in effect in 2007.
(b) This publication is referenced in WAC 480-100-228 (Retention and preservation of records and reports).
(c) The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Utilities is a copyrighted document. Copies are available from NARUC in Washington, D.C. or at NARUC publications store online: ((https://www.naruc.org/resolutions-index/2007-annual-meeting-resolutions/))https://maxxwww.naruc.org/forms/store/ProductFormPublic/regulations-to-govern-the-preservation-of-records. It is also available for inspection at the commission branch of the state library.
(3) The National Electrical Code is published by the National Fire Protection Association (NFPA).
(a) The commission adopts the edition effective in 2017, including errata 70-17-1 published September 29, 2016, errata 70-17-2 published December 16, 2016, 70-17-3 published January 11, 2017, 70-17-4 published March 13, 2017, errata 70-21-1 published October 10, 2019, errata 70-20-2 published December 23, 2019, and errata 70-20-3 published March 10, 2020.
(b) This publication is referenced in WAC 480-100-163 (Service entrance facilities).
(c) The National Electrical Code is a copyrighted document. Copies are available from the NFPA at 1 Batterymarch Park, Quincy, Massachusetts 02169, or at internet address https://www.nfpa.org/.
(4) The American National Standard for Electric Meters: Code for Electricity Metering, ANSI C12.1 is published by the American National Standards Institute.
(a) The commission adopts the version published in 2016.
(b) This publication is referenced in WAC 480-100-318 (Meter readings, multipliers, and test constants), WAC 480-100-338 (Accuracy requirements for electric meters), and WAC 480-100-343 (Statement of meter test procedures).
(c) The ANSI C12.1 is a copyrighted document. ANSI C12.1 – 2016 is available at American National Standards Institute website https://webstore.ansi.org/ (PDF) or at IHS Standards Store website https://global.ihs.com/ (PDF and print).
OTS-3822.1
AMENDATORY SECTION(Amending WSR 19-14-118, filed 7/3/19, effective 8/3/19)
WAC 480-103-999Adoption by reference.
In this chapter, the commission adopts by reference the regulations and standards in Regulations to Govern the Preservation of Records of Electric, Gas, and Water Utilities, published by the National Association of Regulatory Utility Commissioners (NARUC) as the standards for records retention for community solar companies unless otherwise specified in these rules. The commission adopts the version of this document in effect in 2007. The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Utilities is a copyrighted document. Copies are available from NARUC in Washington, D.C. or at NARUC publications store online: https://maxxwww.naruc.org/forms/store/ProductFormPublic/regulations-to-govern-the-preservation-of-records. The publication is also available for inspection at the commission's offices.
OTS-3823.1
AMENDATORY SECTION(Amending WSR 21-13-130, filed 6/22/21, effective 7/23/21)
WAC 480-108-999Adoption by reference.
In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. The publications, effective date, references within this chapter, and availability of the resources are as follows:
(1) The National Electrical Code is published by the National Fire Protection Association (NFPA).
(a) The commission adopts the edition effective 2020, including errata 70-20-1 published October 10, 2019, errata 70-20-2 published December 23, 2019, errata 70-20-3 published March 10, 2020, errata 70-20-04 published August 24, 2021, and errata on NEC Handbook published February 6, 2020.
(b) This publication is referenced in WAC 480-108-040 (General terms and conditions of interconnection).
(c) The National Electrical Code is a copyrighted document. Copies are available from the NFPA at 1 Batterymarch Park, Quincy, Massachusetts, 02169 or at internet address https://www.nfpa.org/.
(2) National Electrical Safety Code (NESC).
(a) The commission adopts the 2017 edition.
(b) This publication is referenced in WAC 480-108-040 (General terms and conditions of interconnection).
(c) Copies of the National Electrical Safety Code are available from the Institute of Electrical and Electronics Engineers at https://standards.ieee.org/nesc.
(3) Institute of Electrical and Electronics Engineers (IEEE) Standard 1547-2018, Standard for Interconnection and Interoperability of Distributed Energy Resources with Associated Electric Power Systems Interfaces.
(a) The commission adopts the version published April 6, 2018.
(b) This publication is referenced in WAC 480-108-040 (General terms and conditions of interconnection).
(c) Copies of IEEE Standard 1547 are available from the Institute of Electrical and Electronics Engineers at https://www.ieee.org.
(4) Institute of Electrical and Electronics Engineers (IEEE) Standard C37.90, IEEE Standard for Relays and Relay Systems Associated with Electric Power Apparatus.
(a) The commission adopts the version published ((in 2005))January 31, 2006, and reaffirmed in 2011.
(b) This publication is referenced in WAC 480-108-040 (General terms and conditions of interconnection).
(c) Copies of IEEE Standard C37.90 are available from the Institute of Electrical and Electronics Engineers at https://www.ieee.org.
(5) Institute of Electrical and Electronics Engineers (IEEE) Standard 519, Recommended Practices and Requirements for Harmonic Control in Electrical Power Systems.
(a) The commission adopts the version published June 11, 2014.
(b) This publication is referenced in WAC 480-108-040 (General terms and conditions of interconnection).
(c) Copies of IEEE Standard 519 are available from the Institute of Electrical and Electronics Engineers at https://www.ieee.org.
(6) Institute of Electrical and Electronics Engineers (IEEE) Standard 141, Recommended Practice for Electric Power Distribution for Industrial Plants.
(a) The commission adopts the version published ((in 1993))April 29, 1994, and reaffirmed in 1999.
(b) This publication is referenced in WAC 480-108-040 (General terms and conditions of interconnection).
(c) Copies of IEEE Standard 141 are available from the Institute of Electrical and Electronics Engineers at https://www.ieee.org.
(7) Institute of Electrical and Electronics Engineers (IEEE) Standard 142, Recommended Practice for Grounding of Industrial and Commercial Power Systems.
(a) The commission adopts the version published in 2007.
(b) This publication is referenced in WAC 480-108-040 (General terms and conditions of interconnection).
(c) Copies of IEEE Standard 142 are available from the Institute of Electrical and Electronics Engineers at https://www.ieee.org.
(8) Underwriters Laboratories (UL), including UL Standard 1741, Inverters, Converters, Controllers and Interconnection Systems Equipment for Use with Distributed Energy Resources.
(a) The commission adopts the version published January 28, 2010.
(b) This publication is referenced in WAC 480-108-040 (General terms and conditions of interconnection).
(c) UL Standard 1741 is available from Underwriters Laboratory at https://www.ul.com.
(9) Occupational Safety and Health Administration (OSHA) Standard at 29 C.F.R. 1910.269.
(a) The commission adopts the version published on February 18, 2020, effective February 18, 2020.
(b) This publication is referenced in WAC 480-108-040 (General terms and conditions of interconnection).
(c) Copies of Title 29 Code of Federal Regulations are available from the U.S. Government Online Bookstore, https://bookstore.gpo.gov/, and from various third-party vendors.
OTS-3824.1
AMENDATORY SECTION(Amending WSR 21-13-130, filed 6/22/21, effective 7/23/21)
WAC 480-109-999Adoption by reference.
In this chapter, the commission adopts by reference all, or portions of, the publications identified below. They are available for inspection at the commission library. The publications, publication dates, references within this chapter, and availability of the resources are as follows:
(1) Northwest Conservation and Electric Power Plan as published by the Northwest Power and Conservation Council.
(a) The commission adopts the ((seventh version published in 2016))2021 Northwest Power Plan.
(b) This publication is referenced in WAC 480-109-100 Energy efficiency resource standard.
(c) Copies of ((Seventh)) Northwest Conservation and Electric Power Plan are available from the Northwest Power and Conservation Council at ((https://www.nwcouncil.org/reports/seventh-power-plan))https://www.nwcouncil.org/2021-northwest-power-plan.
(2) Weatherization Manual as published by the Washington state department of commerce.
(a) The commission adopts the version published in ((January))October 2021.
(b) This publication is referenced in WAC 480-109-100 Energy efficiency resource standard.
(c) Copies of Weatherization Manual are available from the Washington state department of commerce at https://www.commerce.wa.gov/growing-the-economy/energy/weatherization-and-energy-efficiency/weatherization-program-documents/.
(3) The unit energy savings values as published by the Northwest Power and Conservation Council's Regional Technical Forum.
(a) The commission adopts the unit energy savings with status of "Active" or "Under Review" on ((February 24, 2021))March 23, 2022.
(b) This information is referenced in WAC 480-109-100 Energy efficiency resource standard.
(c) The spreadsheets containing the unit energy savings values are available for download at https://rtf.nwcouncil.org/measures.
(4) The standard protocols as published by the Northwest Power and Conservation Council's Regional Technical Forum.
(a) The commission adopts the standard protocols with status of "Active" or "Under Review" on ((February 24, 2021))March 23, 2022.
(b) This information is referenced in WAC 480-109-100 Energy efficiency resource standard.
(c) The spreadsheets containing the standard protocols are available for download at https://rtf.nwcouncil.org/standard-protocols.
OTS-3825.1
AMENDATORY SECTION(Amending WSR 14-05-001, filed 2/5/14, effective 3/8/14)
WAC 480-110-999Adoption by reference.
In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective date, references within this chapter, and availability of the resources are as follows:
(1) The Uniform System of Accounts for Water Utilities is published by the National Association of Regulatory Utility Commissioners (NARUC).
(a) The commission adopts the version in effect in 1996.
(b) This publication is referenced in WAC 480-110-505 (Accounting, and reporting requirements and regulatory fees).
(c) The Uniform System of Accounts for Water Utilities is a copyrighted document. Copies are available from NARUC, in Washington, D.C.
(2) The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Utilities is published by the National Association of Regulatory Utility Commissioners (NARUC).
(a) The commission adopts the version in effect in 2007.
(b) This publication is referenced in WAC 480-110-485 (Retaining and preserving records and reports).
(c) The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Utilities is a copyrighted document. Copies are available from NARUC, in Washington, D.C. or at NARUC publications store online: https://maxxwww.naruc.org/forms/store/ProductFormPublic/regulations-to-govern-the-preservation-of-records.
OTS-3826.1
AMENDATORY SECTION(Amending WSR 21-13-130, filed 6/22/21, effective 7/23/21)
WAC 480-120-999Adoption by reference.
In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:
(1) American National Standards for Telecommunications - "Network Performance Parameters for Dedicated Digital Services for Rates Up To and Including DS3 - Specifications" (ATIS 0100510) is published by the American National Standards Institute (ANSI).
(a) The commission adopts the version in effect on December 29, 1999, and reaffirmed 2013.
(b) This publication is referenced in WAC 480-120-401 (Network performance standards).
(c) The American National Standards for Telecommunications "Network Performance Parameters for Dedicated Digital Services for Rates Up To and Including DS3 - Specifications" is a copyrighted document. Copies are available from ANSI in Washington, D.C. and from various third-party vendors.
(2) The Institute of Electrical And Electronic Engineers (IEEE) Standard Telephone Loop Performance Characteristics (ANSI/IEEE Std 820-2005) is published by the ANSI and the IEEE.
(a) The commission adopts the version in effect as published in 2005.
(b) This publication is referenced in WAC 480-120-401 (Network performance standards).
(c) The IEEE Standard Telephone Loop Performance Characteristics is a copyrighted document. Copies are available from ANSI and IEEE in Washington, D.C. and from various third-party vendors.
(3) The National Electrical Safety Code is published by the IEEE.
(a) The commission adopts the 2017 edition.
(b) This publication is referenced in WAC 480-120-402 (Safety).
(c) The National Electrical Safety Code is a copyrighted document. Copies are available from IEEE in Washington, D.C. and from various third-party vendors.
(4) Title 47 Code of Federal Regulations, cited as 47 C.F.R., is published by the United States Government Printing Office.
(a) For this publication as referenced in WAC 480-120-359 (Accounting requirements for companies not classified as competitive) and WAC 480-120-349 (Retaining and preserving records and reports), the commission adopts the version of the relevant sections in effect on ((October 1, 2020))December 31, 2021.
(b) For this publication as referenced in WAC 480-120-202 (Customer proprietary network information), WAC 480-120-146 (Changing service providers from one local exchange company to another), and any other reference in chapter 480-120 WAC, the commission adopts the version of the relevant sections in effect on ((October 1, 2020))December 31, 2021.
(c) The ((2020))2021 version of C.F.R. Title 47 is available from the U.S. Government Online Bookstore, https://bookstore.gpo.gov/, and from various third-party vendors.
OTS-3827.1
AMENDATORY SECTION(Amending WSR 21-13-130, filed 6/22/21, effective 7/23/21)
WAC 480-123-999Adoption by reference.
In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:
(1) The Cellular Telecommunications and Internet Association's (CTIA) Consumer Code for Wireless Service.
(a) The commission adopts the version in effect on ((January 1, 2017))March 1, 2022.
(b) This publication is referenced in WAC 480-123-030 (contents of petition for eligible telecommunications carriers).
(c) Copies of the CTIA Consumer Code for Wireless Service are available at ((https://www.ctia.org/initiatives/voluntary-guidelines/consumer-code-for-wireless-service))https://www.ctia.org/the-wireless-industry/industry-commitments/consumer-code-for-wireless-service.
(2) Title 47, Code of Federal Regulations, cited as 47 C.F.R., is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on ((October 1, 2020))December 31, 2021.
(b) This publication is referenced in WAC 480-123-010 (Federal universal service contracts), WAC 480-123-060 (Annual certification of eligible telecommunications carriers), WAC 480-123-070 (Annual certifications and reports), WAC 480-123-100 (Prerequisites for requesting program support), and WAC 480-123-110 (Petitions for eligibility to receive program support).
(c) The ((2020))2021 version of C.F.R. Title 47 is available from the U.S. Government Online Bookstore, https://bookstore.gpo.gov/, and from various third-party vendors.