WSR 00-17-134

PREPROPOSAL STATEMENT OF INQUIRY

UTILITIES AND TRANSPORTATION

COMMISSION

[ Docket No. TO-000712 -- Filed August 21, 2000, 11:41 a.m. ]

Subject of Possible Rule Making: Hazardous liquid pipeline safety, examine the need to amend or adopt rules for hazardous pipeline facilities as required in section 5, chapter 191, Laws of 2000 and to review chapter 480-75 WAC in light of standards set forth in Executive Order 97-02 regarding regulatory improvement.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 80.01.040(4), section 5, chapter 191, Laws of 2000, to be codified as RCW 81.88.060.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Chapter 191, Laws of 2000, also know as the Washington State Pipeline Safety Act, in section 5 requires the commission to develop and implement a comprehensive program of hazardous liquid pipeline safety. Consistent with section 5 of the act, the commission will, at a minimum, consider adoption of rules related to the following: (1) Pipeline safety standards for hazardous liquid transportation, (2) pipeline operations safety plans, and (3) testing of elements of pipeline operations. In addition, the agency intends to review chapter 480-75 WAC for compliance with standards specified in Executive Order 97-02.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Office of Pipeline Safety (OPS) is charged by federal law to regulate hazardous liquid pipeline operators. OPS has certified the WUTC to assume that responsibilities for intrastate pipeline facilities. The Energy Facility Site Evaluation Council and the state Department of Ecology also have jurisdiction over some matters relating to pipeline safety and environmental effects. The commission will invite participation by those agencies.

Process for Developing New Rule: Agency study. The commission will ask for initial written comments, and will provide the opportunity for additional comments. The commission will schedule one or more workshops with representatives of affected constituencies in a manner designed to develop consensus among affected interests regarding any rule proposal.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting the Secretary, Washington Utilities and Transportation Commission, P.O. Box 47250, Olympia, WA 98504-7250, (360) 664-1174, fax (360) 586-1150. Such persons may submit comments, as specified below, or may ask to be included in the commission's list of interested persons for the proceeding.

     WRITTEN COMMENTS: Written comments in response to the CR-101 from persons interested in the subject matter of this proposed rule making may be filed with the commission secretary, referencing Docket No. TO-000712, not later than September 13, 2000. All commenters are asked, but not required, to file an original and ten copies of their written comments. The commission also requests, but does not require, that comments be provided on a 3 1/2 inch IBM formatted high-density disk, in WordPerfect version 5.1 or later or .pdf format, labeled with the docket number of this proceeding and the commenter's name and type of software used. The commission may offer additional opportunities to provide written comments. Interested persons may file additional written comments in response to any such invitation. Interested persons may also attend and participate in the workshop described below and in any other workshop that may be scheduled.

     NOTICE OF WORKSHOP: A workshop will be held on October 19, 2000, beginning at 9:30 a.m., in the Commission's Hearing Room, Second Floor, Chandler Plaza, 1300 South Evergreen Park Drive S.W., Olympia, WA. The commission's teleconference bridge line will be available for this workshop. A limited number of teleconference ports are available and will be assigned one to an organization, first come first served. Persons wishing to attend via the teleconference bridge line must contact Jennifer Watsek at (360) 664-1139 no later than 5:00 p.m., October 16, 2000. Questions may be addressed to Joe Subsits at (360) 664-1322, or e-mail at jsubsits@wutc.wa.gov. The commission will provide written notice of any additional preproposal workshops to all commenters and to any other persons specifically asking to receive notice in this rule-making proceeding.

NOTICE


     TO CONTINUE RECEIVING NOTICES AND INFORMATION ABOUT THIS RULE MAKING--The commission wants to ensure its mailings are sent to persons who are interested in the topic and want to receive that information. ANY PERSON WHO COMMENTS will continue to receive notices and information. If you do not submit comments but wish to remain on the mailing list for this rule making, please advise the records center by any one of the following methods: (1) Send a note with your name, address (or a copy of your mailing label), and telephone and fax numbers referencing Docket No. TO-000712, and the words "Please keep me on the mailing list"; or (2) e-mail your name, address, telephone and fax numbers, referencing Docket No. TO-000712, and the words "Please keep me on the mailing list" to records@wutc.wa.gov. Please note that all information in the mailings will be accessible through the commission's Internet web site at <http://www.wutc.wa.gov/>. THOSE PARTIES WHO DO NOT RESPOND MAY NOT RECEIVE FURTHER MAILINGS OR INFORMATION ON THE RULE MAKING.

August 21, 2000

Paul Curl

for Carole J. Washburn

Secretary

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