WSR 12-21-141




[ Docket PL-120350 -- Filed October 24, 2012, 11:16 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 12-07-087.

Title of Rule and Other Identifying Information: Chapter 480-75 WAC, Hazardous liquid pipelines -- Safety.

Hearing Location(s): Commission's Hearing Room 206, Second Floor, Richard Hemstad Building, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, on December 19, 2012, at 9:30 a.m.

Date of Intended Adoption: December 19, 2012.

Submit Written Comments to: Washington Utilities and Transportation Commission, P.O. Box 47250, Olympia, WA 98504-7250, e-mail, fax (360) 586-1150, by November 26, 2012. Please include Docket PL-120350 in your communication.

Assistance for Persons with Disabilities: Contact Debbie Aguilar by November 26, 2012, TTY (360) 586-8203 or (360) 664-1132.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The 2011 legislature amended the underground utilities law, chapter 19.122 RCW. These changes take effect on January 1, 2013. This new law, assigned to the Washington utilities and transportation commission (commission), affects the commission's authority to enforce the underground utilities law as it relates to pipelines. The commission initiated this rule making to require hazardous liquid pipeline companies to report additional information about damage to their facilities caused by excavators that have violated the underground utilities law, and to provide to violators information about their rights under the revised law.

Reasons Supporting Proposal: Proposed revisions will provide sufficient supplemental reporting and evidentiary records and documentation needed by the commission to sustain an action to enforce violations of chapter 19.122 RCW.

Statutory Authority for Adoption: 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.

Statute Being Implemented: Chapter 19.122 RCW.

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, Implementation and Enforcement: David W. Danner, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 664-1208.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules will not result in or impose more than minor costs. Because there will not be more than minor increase in costs resulting from the proposed rule changes, a small business economic impact statement is not required under RCW 19.85.030(1).

A cost-benefit analysis is not required under RCW 34.05.328. The commission is not an agency to which RCW 34.05.328 applies. The proposed rules are not significant legislative rules of the sort referenced in RCW 34.05.328(5).

October 24, 2012

David W. Danner

Executive Director

and Secretary


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 sent 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 locate; or

(b) Someone maliciously 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.]