Proposed
Proposed
Proposed
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annual report required by U.S. Department of Transportation,<br />
Office of Pipeline Safety.<br />
(b) ((A report titled, "Damage Prevention Statistics." The<br />
Damage Prevention Statistics report must include in detail<br />
the following information:<br />
(i) Number of gas-related one-call locate requests completed<br />
in the field;<br />
(ii) Number of third-party damages incurred; and<br />
(iii) Cause of damage, where cause of damage is classified<br />
as one of the following:<br />
(A) Inaccurate locate;<br />
(B) Failure to use reasonable care;<br />
(C) Excavated prior to a locate being conducted; or<br />
(D) Excavator failed to call for a locate.<br />
(c))) A report detailing all construction defects and material<br />
failures resulting in leakage. Each gas pipeline company<br />
must categorize the different types of construction defects<br />
and material failures anticipated for their system. The report<br />
must include the following:<br />
(i) Types and numbers of construction defects; and<br />
(ii) Types and numbers of material failures.<br />
(((8))) (11) Each gas pipeline company must file with the<br />
commission, and with appropriate officials of all municipalities<br />
where gas pipeline companies have facilities, the names,<br />
addresses, and telephone numbers of the responsible officials<br />
of the gas pipeline company who may be contacted in the<br />
event of an emergency. In the event of any changes in such<br />
personnel, the gas pipeline company must immediately notify<br />
the commission and municipalities.<br />
(((9))) (12) Each gas pipeline company must send to the<br />
commission, by e-mail, daily reports of construction and<br />
repair activities. Reports may be faxed only if the gas pipeline<br />
company does not have e-mail capability. Reports must<br />
be received no later than 10:00 a.m. each day of the scheduled<br />
work, and must include both gas pipeline company and<br />
contractor construction and repair activities. Report information<br />
must be broken down by individual crews and the scheduled<br />
work must be listed by address, as much as practical. To<br />
the extent possible the reports will only contain construction<br />
and repair activity scheduled for that day, but they may<br />
include a reasonable allowance for scheduling conflicts or<br />
disruptions.<br />
(((10))) (13) When a gas pipeline company is required to<br />
file a copy of a DOT Drug and Alcohol Testing Management<br />
Information System (MIS) Data Collection Form with the<br />
U.S. Department of Transportation, Office of Pipeline Safety,<br />
the gas pipeline company must simultaneously submit a copy<br />
of the form to the commission.<br />
WSR 12-21-141<br />
PROPOSED RULES<br />
UTILITIES AND TRANSPORTATION<br />
COMMISSION<br />
[Docket PL-120350—Filed October 24, 2012, 11:16 a.m.]<br />
Original Notice.<br />
Preproposal statement of inquiry was filed as WSR 12-<br />
07-087.<br />
Washington State Register, Issue 12-21 WSR 12-21-141<br />
Title of Rule and Other Identifying Information: Chapter<br />
480-75 WAC, Hazardous liquid pipelines—Safety.<br />
Hearing Location(s): Commission's Hearing Room 206,<br />
Second Floor, Richard Hemstad Building, 1300 South Evergreen<br />
Park Drive S.W., Olympia, WA 98504-7250, on<br />
December 19, 2012, at 9:30 a.m.<br />
Date of Intended Adoption: December 19, 2012.<br />
Submit Written Comments to: Washington Utilities and<br />
Transportation Commission, P.O. Box 47250, Olympia, WA<br />
98504-7250, e-mail records@utc.wa.gov, fax (360) 586-<br />
1150, by November 26, 2012. Please include Docket PL-<br />
120350 in your communication.<br />
Assistance for Persons with Disabilities: Contact Debbie<br />
Aguilar by November 26, 2012, TTY (360) 586-8203 or<br />
(360) 664-1132.<br />
Purpose of the Proposal and Its Anticipated Effects,<br />
Including Any Changes in Existing Rules: The 2011 legislature<br />
amended the underground utilities law, chapter 19.122<br />
RCW. These changes take effect on January 1, 2013. This<br />
new law, assigned to the Washington utilities and transportation<br />
commission (commission), affects the commission's<br />
authority to enforce the underground utilities law as it relates<br />
to pipelines. The commission initiated this rule making to<br />
require hazardous liquid pipeline companies to report additional<br />
information about damage to their facilities caused by<br />
excavators that have violated the underground utilities law,<br />
and to provide to violators information about their rights<br />
under the revised law.<br />
Reasons Supporting Proposal: <strong>Proposed</strong> revisions will<br />
provide sufficient supplemental reporting and evidentiary<br />
records and documentation needed by the commission to sustain<br />
an action to enforce violations of chapter 19.122 RCW.<br />
Statutory Authority for Adoption: RCW 80.01.040(4),<br />
81.01.010, 81.04.160, 81.88.040, 81.88.065, and sections 1,<br />
2, and 5, chapter 142, Laws of 2007.<br />
Statute Being Implemented: Chapter 19.122 RCW.<br />
Rule is not necessitated by federal law, federal or state<br />
court decision.<br />
Name of Proponent: Washington utilities and transportation<br />
commission, governmental.<br />
Name of Agency Personnel Responsible for Drafting,<br />
Implementation and Enforcement: David W. Danner, 1300<br />
South Evergreen Park Drive S.W., Olympia, WA 98504,<br />
(360) 664-1208.<br />
No small business economic impact statement has been<br />
prepared under chapter 19.85 RCW. The proposed rules will<br />
not result in or impose more than minor costs. Because there<br />
will not be more than minor increase in costs resulting from<br />
the proposed rule changes, a small business economic impact<br />
statement is not required under RCW 19.85.030(1).<br />
A cost-benefit analysis is not required under RCW<br />
34.05.328. The commission is not an agency to which RCW<br />
34.05.328 applies. The proposed rules are not significant legislative<br />
rules of the sort referenced in RCW 34.05.328(5).<br />
October 24, 2012<br />
David W. Danner<br />
Executive Director<br />
and Secretary<br />
[ 191 ] <strong>Proposed</strong>