Agenda Date: March 13, 1996 Item Number: Docket: UG-951453, Pipeline Safety Rulemaking Amend WAC 480-93-010 Staff: Steve Rieger, Utilities Engineer Recommendation: Adopt the Amendment to WAC 480-93-010 as proposed. Discussion: The Washington Utilities and Transportation Commission (Commission) participates in the federal pipeline safety program pursuant to Federal Pipeline Safety Law 49 U.S.C. ' 60101 et seq. The certification requires that the Commission adopt federal safety standards applicable to intrastate natural gas pipeline operators as they become effective. The Commission will adopt the current version of federal regulations as it has done previously in WAC 480-93-010. The update will include all federal amendments enacted since the commission’s prior adoption by reference. The current date for rules referenced in WAC 480-93-010 is July 21, 1995. The Federal Department of Transportation has amended 49 CFR, Part 192 to incorporate a new regulation, 49 CFR, Part 192.16, Customer-Owned Service Lines. The effective date of this new regulation is September 13, 1995. On January 10, 1996 Staff recommended that the Commission file a Notice of Proposed Rulemaking with the Code Reviser. The Commission filed the notice with the Code Reviser on January 24, 1996 and notification was mailed to all interested parties requesting input to this proposed revision. No written comments were received. At this time, the industry has voiced no opposition to this new regulation and has given ample thought in regard to a suitable mechanism for customer notification. This new federal regulation applies to operators of service lines who do not maintain the customer-owned portion of the buried natural gas piping. The operator is obligated to notify the customer in writing that the operator does not maintain the buried service line. In addition, the operator must notify the customer of the consequences that may occur if the piping is not properly maintained. Furthermore, the customer must be notified of the type of maintenance that should occur and who is qualified to perform the appropriate maintenance. Docket UG-951453 March 13, 1996 Page 2 Once the rule has been adopted, staff will notify all natural gas operators in writing of this new regulation. As the pipeline safety staff conducts routine safety audits of each company, written documentation will be required to verify the implementation of this new rule. This proposed rule change will not alter the existing federal law, nor impose any additional state regulatory requirements. The revised rule will not result in any appreciable increase in cost to natural gas operators who maintain compliance with federal and state pipeline safety regulations. The revision will minimize confusion by maintaining consistent federal and state pipeline safety regulations. Staff recommends the Commission adopt the amendment to WAC 480-93-010. AMENDED SECTION: WAC 480-93-010 Compliance with federal standards. Gas gathering, storage, distribution, and transmission facilities of all gas operators in this state shall be designed, constructed, maintained, and operated in compliance with the provisions of 49 CFR, Parts 191, 192 and 199 in effect on ((the date this rule is adopted)) [the effective date of this rule], except that any specific provisions in this chapter control in the event of inconsistency between this chapter and the referenced federal rules. 49 CFR, Parts 191, 192 and 199, are available for public inspection in the commission branch of the Washington state library, located with the headquarters office of the commission. Copies are available from the Government Printing Office Bookstore, Seattle, Washington. [Statutory Authority: RCW 80.01.040. 95-13-082 (Order R-427, Docket No. UG-950061), ' 480-93-010, filed 6/20/95, effective 7/21/95; 93-18-097 (Order R-396, Docket No. UG-930243), ' 480-93-010, filed 9/1/93, effective 10/2/93; 92-16-100 (Order R-375, Docket No. UG-911261), ' 480-93-010, filed 8/5/92, effective 9/5/92; Order R-28, ' 480-93-010, filed 7/15/71; Order R-5, ' 480-93-010, filed 6/6/69, effective 10/9/69.]