1 SYNOPSIS. In this order, the commission adopts changes to certain pipeline safety rules in chapter 480-93 WAC, correcting and clarifying the language in WAC 480-93-005, 480-93-017, 480-93-178, and 480-93-200.

     2 STATUTORY OR OTHER AUTHORITY. The Washington Utilities and Transportation Commission (commission) takes this action under Notice No. WSR 05-20-095, filed with the code reviser on October 5, 2005. The commission takes this action under RCW 80.04.160, 80.28.210(1), and 80.01.040(1).

     3 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).

     4 DATE OF ADOPTION. The commission adopts these rules on the date this order is entered.

     5 CONCISE STATEMENT OF PURPOSE AND EFFECT OF THE RULE. RCW 34.05.325(6) requires the commission prepare and provide to commenters 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 Washington State Register and the rules as adopted (other than editing changes), summarize the comments received regarding the proposed rule changes, and provide the commission's responses to the comments, reflecting the commission's consideration of them.

     6 The commission often discusses these matters in its rule adoption order. In addition, commission staff discusses these matters in memoranda, which include summaries of stakeholder comments, commission decisions, and staff recommendations.

     7 In this docket, to avoid duplication, the commission designates the discussion in this order as its concise explanatory statement, supplemented where not inconsistent by the staff memoranda presented at the adoption hearing and at the open meetings where the commission considered whether to begin a rule making and whether to propose adoption of specific language. Together, the documents provide a complete but concise explanation of the agency actions and its reasons for taking those actions.

     8 REFERENCE TO AFFECTED RULES. This rule amends the following sections of the Washington Administrative Code: Amending WAC 480-93-005 Definitions, 480-93-017 Filing requirements for design, specification, and construction procedures, 480-93-178 Protection of plastic pipe, and 480-93-200 Reporting requirements for operators of gas facilities.

     9 The rules are amended as follows:

•	WAC 480-93-005(18) is amended to clarify the definition of "prompt action."
•	The first sentence of WAC 480-93-017(1) is amended to include "intending to operate," rather than "operating" a gas pipeline facility.
•	WAC 480-93-178(5) is amended to add the language "such as inserting the plastic pipeline in conduit" to provide operators an example within the section.
•	WAC 480-93-200 (1)(e) is amended to change the number of customers from twenty to twenty-five.
•	WAC 480-93-200(6) is amended to clarify the types of reports to be filed and that requested reports are due no later than March 15, for the preceding calendar year.

     10 PREPROPOSAL STATEMENT OF INQUIRY AND ACTIONS THEREUNDER. The commission filed a preproposal statement of inquiry (CR-101) on August 3, 2005, at WSR 05-16-118. The statement advised interested persons that the commission was considering a rule making to correct and clarify sections of the recently adopted chapter 480-93 WAC relating to natural gas pipeline operations. The commission completed a comprehensive review of its safety rules in chapter 480-93 WAC effective on June 2, 2005. Commission staff and stakeholders identified concerns with several particular rules while implementing the new rules.

     11 ADDITIONAL NOTICE AND ACTIVITY PURSUANT TO PREPROPOSAL STATEMENT. The commission also informed persons of the inquiry into this matter by providing notice of the subject and the CR-101 to all persons on the commission's list of persons requesting this information under RCW 34.05.320(3) and the commission's lists of all gas pipelines operating in the state, persons interested in gas companies, pipeline safety, and regulatory rule makings, as well as to attorneys representing these companies or persons. In response to the notice, the commission received comments from Puget Sound Energy (PSE), and Cascade Natural Gas (Cascade). The Northwest Industrial Gas Users also stated their interest in the rule making.

     12 On September 7, 2005, the commission circulated to interested persons a draft of suggested changes to WAC 480-93-005(18), 480-93-017, 480-93-178(5), and 480-93-200. The commission received comments from Cascade, PSE, and Avista Utilities supporting the suggested changes. The commenters also requested additional changes to WAC 480-93-200 to clarify the types of reports required and the timing for filing the reports.

     13 NOTICE OF PROPOSED RULE MAKING. The commission filed a notice of proposed rule making (CR-102) on October 5, 2005, at WSR 05-20-095. The commission scheduled this matter for oral comment and adoption under Notice No. WSR 05-20-095 at 9:30 a.m., Wednesday, November 9, 2005, in the Commission's Hearing Room, Second Floor, Chandler Plaza Building, 1300 South Evergreen Park Drive S.W., Olympia, WA. The notice provided interested persons the opportunity to submit written comments to the commission by October 26, 2005.

     14 MEETINGS OR WORKSHOPS; ORAL COMMENTS. The commission did not hold a meeting or workshop in this rule-making proceeding. Given the narrow focus of the rule making, i.e., to correct errors or clarify existing language, the commission requested written and oral comments during the rule-making process. The commission received no oral comments during the November 9, 2005, adoption hearing.

     15 COMMENTERS (WRITTEN COMMENTS). The commission received written comments from PSE and Raymond A. Allen, P.E., a corrosion control engineer, both supporting the proposed rules.

     16 RULE-MAKING HEARING. The commission considered the rule proposal for adoption at a hearing scheduled during the commission's November 9, 2005, open public meeting. Chairman Mark Sidran and Commissioners Patrick Oshie and Philip Jones were present at the hearing. No interested person made oral comments.

     17 COMMISSION ACTION. After considering all of the information about this proposal, the commission amends and adopts the proposed rule amendments without changes to the language proposed in the notice of proposed rule making.

     18 STATEMENT OF ACTION; STATEMENT OF EFFECTIVE DATE. In reviewing the entire record, the commission determines that WAC 480-93-005(18), 480-93-017, 480-93-178(5), and 480-93-200 should be amended to read as set forth in Appendix A, as rules of the Washington Utilities and Transportation Commission, to take effect under RCW 34.05.380(2) on the thirty-first day after filing with the code reviser.

     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 0, 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 4, 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.

     19 WAC 480-93-005(18), 480-93-017, 480-93-178(5), and 480-93-200 are amended and adopted to read as set forth in Appendix A, as rules of the Washington Utilities and Transportation Commission, to take effect on the thirty-first day after the date of filing with the code reviser pursuant to RCW 34.05.380(2).

     20 This order and the rule set out below, after being recorded in the register of the Washington Utilities and Transportation Commission, will be forwarded to the code reviser for filing pursuant to chapters 80.01 and 34.05 RCW and chapter 1-21 WAC.

     DATED at Olympia, Washington, this 22nd day of November, 2005.

Washington Utilities and Transportation Commission

Mark H. Sidran, Chairman

Patrick J. Oshie, Commissioner

Philip B. Jones, Commissioner

OTS-8417.1

AMENDATORY SECTION(Amending Docket No. UG-011073, General Order No. R-520, filed 5/2/05, effective 6/2/05)

WAC 480-93-005   Definitions.   (1) "Bar hole" means a hole made in the soil or paving for the specific purpose of testing the subsurface atmosphere with a combustible gas indicator.

     (2) "Building" means any structure that is normally or occasionally entered by humans for business, residential, or other purposes and where gas could accumulate.

     (3) "Business district" means an area where the public regularly congregates or where the majority of the buildings on either side of the street are regularly utilized, for financial, commercial, industrial, religious, educational, health, or recreational purposes.

     (4) "CFR" means the Code of Federal Regulations.

     (5) "Combustible gas indicator" (CGI) means a device capable of detecting and measuring gas concentrations in air.

     (6) "Commission" means the Washington utilities and transportation commission.

     (7) "Enclosed space" means any subsurface structure of sufficient size that could accommodate a person and within which gas could accumulate, e.g., vaults, catch basins, and manholes.

     (8) "Follow-up inspection" means an inspection performed after a repair has been completed in order to determine the effectiveness of the repair.

     (9) "Gas" means natural gas, flammable gas, or gas that is toxic or corrosive.

     (10) "Gas associated substructures" means those devices or facilities utilized by an operator which are not intended for storing, transporting, or distributing gas, such as valve boxes, vaults, test boxes, and vented casing pipe.

     (11) "Gas company" means, as defined in RCW 80.04.010, every corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receiver appointed by any court whatsoever, and every city or town, owning, controlling, operating or managing any gas plant within this state.

     (12) "High occupancy structure or area" means a building or an outside area (such as a playground, recreation area, outdoor theater, or other place of public assembly) that is occupied by twenty or more persons on at least five days a week for ten weeks in any twelve-month period. (The days and weeks need not be consecutive.)

     (13) "Indication" means a response indicated by a gas detection instrument that has not been verified as a reading.

     (14) "LEL" means the lower explosive limit of the gas being transported.

     (15) "MAOP" means maximum allowable operating pressure.

     (16) "Master meters system" is defined as set forth in 49 CFR § 191.3.

     (17) "Operator":

     (a) For purposes of chapter 480-93 WAC, the term "operator" means:

     (i) Every gas distribution company that has tariffs on file with the commission;

     (ii) Every city or town that owns, controls, operates, or manages any gas plant in this state; and

     (iii) Every other person or corporation transporting natural gas by pipeline, or having for one or more of its principal purposes the construction, maintenance, or operation of pipelines for transporting natural gas in this state; even though such person or corporation does not deliver, sell, or furnish any such gas to any person or corporation within this state. The terms "person" and "corporation" are defined in RCW 80.04.010. "Transporting natural gas by pipeline" means transmission or distribution of natural gas through a pipe.

     (b) A single entity may qualify as an operator under one or more of the provisions of this subsection.

     (c) The term "operator" includes operators of master meter systems, as that term is defined in WAC 480-93-005.

     (18) "Prompt action" means to dispatch qualified personnel without undue delay ((for the purpose of evaluating and, where necessary, abating an existing or probable hazard)).

     (19) "Psig" means pounds per square inch gauge.

     (20) "Public service company" is defined in RCW 80.04.010.

     (21) "Reading" means a repeatable representation on a combustible gas indicator or equivalent instrument expressed in percent LEL or gas-air ratio.

     (22) "Sniff test" means a qualitative test utilizing both threshold and readily detectable methods for determining proper concentrations of odorant.

     (23) "Transmission line" means a gas pipeline as defined in 49 CFR § 192.3 on the date specified in WAC 480-93-999.

     (24) "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.

     (25) Other terms that correspond to those used in 49 CFR Parts 191, 192 and 199 (Minimum Federal Safety Standards for Gas Pipelines) must be construed as used therein on the date specified in WAC 480-93-999.

[Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), § 480-93-005, filed 5/2/05, effective 6/2/05. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-93-005, filed 9/28/01, effective 10/29/01. Statutory Authority: RCW 80.01.040 and 80.28.210. 95-13-082 (Order R-427, Docket No. UG-950061), § 480-93-005, filed 6/20/95, effective 7/21/95. Statutory Authority: RCW 80.01.040. 92-16-100 (Order R-375, Docket No. UG-911261), § 480-93-005, filed 8/5/92, effective 9/5/92; Order R-100, § 480-93-005, filed 5/18/77. Formerly WAC 480-93-001.]

     (2) With the exception of emergency situations, any construction plans that do not conform with a gas company's existing and accepted construction procedures, designs, and specifications on file with the commission, must be submitted to the commission for review at least forty-five days prior to the initiation of construction activity.

[Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), § 480-93-017, filed 5/2/05, effective 6/2/05. Statutory Authority: RCW 80.01.040. 92-16-100 (Order R-375, Docket No. UG-911261), § 480-93-017, filed 8/5/92, effective 9/5/92.]

     (2) The maximum cumulative ultraviolet light exposure limit for plastic pipe is two years, or the manufacturer's recommended limit. The acceptable time limit must be detailed in the operator's procedures manual.

     (3) Plastic pipe that is pulled through the ground by mechanical means must have a weak link installed that will ensure the pipe will not be damaged by excessive tensile forces.

     (4) When installing plastic pipelines parallel to other underground utilities, operators must ensure there is a minimum of twelve inches of separation from the other utilities. Where a minimum twelve inches of separation is not possible, operators must take adequate precautions, such as inserting the plastic pipeline in conduit, to minimize any potential hazards resulting from the close proximity to the other utilities.

     (5) When installing plastic pipelines perpendicular to other underground utilities, operators must ensure there is a minimum of six inches of separation from the other utilities. Where a minimum six inches of separation is not possible, an operator must take adequate precautions, such as inserting the plastic pipeline in conduit, to minimize any potential hazards resulting from the close proximity to the other utilities.

     (6) Except for approved steel encased plastic pipe, and except where allowed by (b) of this subsection, the maximum time limit that plastic pipe may be temporarily installed above ground is thirty days.

     (a) During temporary installations, operators must monitor and protect above ground plastic pipe from potential damage.

     (b) Operators may install above ground plastic pipe for periods longer than thirty days if they have a written monitoring program and notify the commission by telephone prior to exceeding the thirty-day time limit.

     (7) Plastic pipe must be bedded in a suitable material as recommended by the pipe manufacturer. Unless otherwise permitted by the manufacturer, plastic pipe must be bedded in an essentially rock-free material.

     (8) Plastic pipe may not be squeezed more than one time in the same location.

     (9) Plastic pipe must not be squeezed within twelve inches or three pipe diameters, whichever is greater, from any joint or fitting.

[Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), § 480-93-178, filed 5/2/05, effective 6/2/05.]

     (a) Results in a fatality or personal injury requiring hospitalization;

     (b) Results in damage to the property of the operator and others of a combined total exceeding fifty thousand dollars;

     (c) Results in the evacuation of a building, or high occupancy structures or areas;

     (d) Results in the unintentional ignition of gas;

     (e) Results in the unscheduled interruption of service furnished by any operator to ((twenty)) twenty-five or more distribution customers;

     (f) Results in a pipeline or system pressure exceeding the MAOP plus ten percent or the maximum pressure allowed by proximity considerations outlined in WAC 480-93-020;

     (g) Is significant, in the judgment of the operator, even though it does not meet the criteria of (a) through (e) of this subsection; or

     (h) Results in the news media reporting the occurrence, even though it does not meet the criteria of (a) through (e) of this subsection.

     (2) Operators must give notice to the commission by telephone within twenty-four hours of occurrence of every 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 pipeline out of service;

     (c) A pipeline or system operating at low pressure dropping below the safe operating conditions of attached appliances and gas equipment; or

     (d) A pipeline or system pressure exceeding the MAOP.

     (3) Routine or planned maintenance and operational activities of the operator that result in operator-controlled plant and equipment shut downs, reduction in system pressures, flaring or venting of gas, and normal leak repairs are not reportable items under this section.

     (4) Operators must provide to the commission a written report within thirty days of the initial telephonic report required under subsection (1) of this section. At a minimum, 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;

     (d) A description of the gas facilities 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 facility was made safe;

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

     (g) The cost of the incident to the operator.

     (5) Operators must provide to the commission a written report within forty-five days of receiving the failure analysis of any incident or hazardous condition that was due to construction defects or material failure.

     (6) Operators must file with the commission the following annual reports no later than March 15 for the preceding calendar year:

     (a) A copy of every Pipeline and Hazardous Materials Safety Administration (PHMSA) F-7100.1-1 and F-7100.2-1 annual report required by U.S. Department of Transportation, Office of Pipeline Safety.

     (b) A report titled, "Damage Prevention Statistics((,))." ((with the corresponding PHMSA fiscal year.)) 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 either:

     (A) Inaccurate locate;

     (B) Failure to use reasonable care; or

     (C) Excavated prior to a locate being conducted.

     (c) A report detailing ((the results from construction defects or)) all construction defects and material failures resulting in leakage. Operators 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.

     (7) Operators must file with the commission, and with appropriate officials of all municipalities where operators have facilities, the names, addresses, and telephone numbers of the responsible officials of the operator who may be contacted in the event of an emergency. In the event of any changes in operator personnel, the operator must notify immediately the commission and municipalities.

     (8) Operators must send daily reports of construction and repair activities electronically to the commission. Operators may send reports either by facsimile or e-mail to the commission. The reports must be received no later than 10:00 a.m. each day of the scheduled work, and must include both operator and contractor construction and repair activities.

     (9) When an operator is required to file a copy of a DOT Drug and Alcohol Testing Management Information System (MIS) Data Collection Form with the U.S. Department of Transportation, Office of Pipeline Safety, the operator must simultaneously submit a copy of the form to the commission.

[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.]