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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>

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