807 KAR 5:027.
Gas pipeline safety; reports of leaks.
RELATES TO: KRS
Chapter 278, 49 C.F.R. Part 191, 49 U.S.C. 1671
STATUTORY
AUTHORITY: KRS 278.040(3), 278.230(3)
NECESSITY,
FUNCTION, AND CONFORMITY: KRS 278.040(3) provides that the commission may adopt
reasonable administrative regulations to implement the provisions of KRS
Chapter 278 and to investigate methods and practices of utilities subject to
commission jurisdiction. KRS 278.230(3) provides that utilities shall file any
reports reasonably required by the commission. This administrative regulation
establishes rules which apply to reports of leaks by natural gas utilities.
Section 1.
Definitions. (1) "Incident" means a gas leak, accident, or other
event on a pipeline which requires the utility to notify United States
Department of Transportation (USDOT) or the commission.
(2)
"Pipeline facilities" includes, without limitation, new and existing
pipe, right-of-way, and any equipment, facility, or building used in
transportation of gas or treatment of gas during the course of transportation.
(3)
"System" means all pipeline facilities used by a utility in transportation
of gas, including but not limited to, line pipe, valves and other appurtenances
connected to line pipe, compressor units, fabricated assemblies associated with
compressor units, metering (including customers' meters) and delivery stations,
and fabricated assemblies in metering and delivery stations.
(4) "Test
failure" means a break or rupture that occurs during strength-proof testing
of transmission or gathering lines that is of such magnitude as to require
repair before continuation of the test.
(5)
"Transportation of gas" means the gathering, transmission, or
distribution of gas by pipeline, or storage of gas in or effecting interstate,
intrastate or foreign commerce.
Section 2.
Scope. (1) This administrative regulation prescribes requirements for reporting
gas leaks that are not intended by the utility and that require immediate or
scheduled repair and of test failures as defined in Section 1(4) of this
administrative regulation.
(2) This
administrative regulation applies to leaks and test failures that occur in the
gathering of gas located in the following areas:
(a) An area
within the limits of any incorporated or unincorporated city, town, or village;
or
(b) Any
designated residential or commercial area such as a subdivision, business or
shopping center, or community development.
(c) The
right-of-way of a state highway, county road or railroad on property of a
school, church, hospital, park or similar public place.
Section 3.
Telephonic Notice of Certain Incidents. (1) At the earliest practicable moment
but no later than two (2) hours following discovery, each utility shall give
notice to the commission in accordance with subsection (3) of this section of
any incident that:
(a) Is reported
to USDOT pursuant to 49 CFR Part 191, Federal Pipeline Safety Regulations.
(b) Requires
taking any segment of pipeline or mains out of service.
(c) Results in
gas ignition.
(d) Causes
estimated damage to property of the utility, or others, or both, of $25,000 or
more.
(e) Results in
the loss of service to forty (40) or more customers for four (4) or more hours.
(f) Causes the
loss of a sizable amount of gas.
(g) Received
extensive news coverage, or in the judgment of the utility is significant, even
though it does not meet the criteria of paragraphs (a) through (g) of this
subsection.
(2) A utility
need not give notice of an incident that meets only criteria of subsections
(1)(b) and (c) of this section if it occurred solely as a result of, or in
connection with, planned or routine maintenance or construction.
(3) Each notice
required by subsection (1) of this section shall be made by telephone to the
commission's chief engineer, gas pipeline safety branch, or designated staff;
and shall include the following numbers:
(a) Names of
operator and person making report and their telephone numbers.
(b) Location of
incident.
(c) Time of
incident.
(d) Number of
fatalities.
(e) All other
significant facts known by the operator that are relevant to the cause of the
incident or extent of damage.
(4) If
designated staff cannot be contacted, required information shall be reported by
telephone to the nearest post of Kentucky State Police, followed by
confirmation via electronic mail addressed to the commission.
(5) Each notice
made in accordance with this section shall be supplemented by a written report
within thirty (30) days giving full details such as cause; extent of injuries
or damage; and steps, if any, taken to prevent reoccurrence. If additional
information is received by the utility subsequent to the initial report
indicating a different cause, more serious injury, or more serious property
damage than was initially reported, a supplemental telephone call shall be made
to the commission's chief engineer, gas pipeline safety branch, as soon as
practicable.
Section 4.
Addressee for Written Report. (1) Each written report required by this
administrative regulation shall be transmitted to the Gas Pipeline Safety
Branch, Public Service Commission, Post Office Box 615, Frankfort, Kentucky
40602.
(2) Each written
report required by Sections 3 and 12 of this administrative regulation shall be
transmitted to the Gas Pipeline Safety Branch, Public Service Commission, Post
Office Box 615, Frankfort, Kentucky 40602; and one (1) copy shall be
transmitted to the Resources Manager, Office of Pipeline Safety, Research and
Special Programs Administration, U.S. Department of Transportation, Room 8417,
400 Seventh Street, SW, Washington, D.C. 20590.
Section 5.
Distribution System: Annual Report. (1) Any utility operating a distribution
system and submitting an annual report to USDOT pursuant to 49 CFR Part 191 on
USDOT Form DOT F-7100.1-1 shall concurrently file the annual report with the
commission.
(2) The annual
report required by subsection (1) of this section need not be submitted with
respect to petroleum gas systems which serve less than 100 customers from a
single source.
Section 6.
Distribution Systems Reporting Transmission Pipelines; Transmission or
Gathering Systems Reporting Distribution Pipelines. Any utility primarily
engaged in gas distribution which also operates gas transmission or gathering
pipelines and submits an incident report or annual report to USDOT pursuant to
49 CFR Part 191.15 or 191.17 shall concurrently file a copy of the report with
the commission. Any utility primarily engaged in gas transmission or gathering
which also operates gas distribution pipelines and submits an incident report
or annual report to USDOT pursuant to 49 CFR Part 191.9 or 191.11 shall
concurrently file a copy of the report with the commission.
Section 7.
Transmission and Gathering Systems: Incident Report. (1) A utility operating a
transmission or gathering system and submitting USDOT Form RSPA F7100.2
pursuant to 49 CFR 191.15 shall concurrently file a copy of the report with the
commission.
(2) When
additional relevant information is obtained after a report is submitted in
accordance with subsection (1) of this section, the utility shall make a
supplemental report as soon as practicable with clear reference by date and
subject to the original report.
Section 8.
Transmission and Gathering Systems: Annual Report. A utility operating a
transmission or gathering system and submitting USDOT Form DOT-F-7100.2-1
pursuant to 49 CFR Part 191.17 shall concurrently file a copy of the report
with the commission.
Section 9.
Report Forms. Copies of prescribed report forms are available without charge
upon request from the USDOT Office of Pipeline Safety or from the commission.
Additional copies in this prescribed format may be reproduced and used if of
same size and kind of paper.
Section 10.
Reporting Safety-Related Conditions. (1) Except as provided in subsection (2)
of this section, each utility shall report in accordance with Section 11 of
this administrative regulation the existence of any of the following
safety-related conditions involving facilities in service:
(a) In the case
of a pipeline that operates at a hoop stress of twenty (20) percent or more of
its specified minimum yield strength, general corrosion that has reduced wall
thickness to less than that required for the maximum allowable operating
pressure, and localized corrosion pitting to a degree where leakage might
result.
(b) Unintended
movement or abnormal loading by environmental causes, such as an earthquake,
landslide, or flood, that impairs the serviceability of a pipeline.
(c) Any material
defect or physical damage that impairs serviceability of a pipeline that
operates at a hoop stress of twenty (20) percent or more of its specified
minimum yield strength.
(d) Any
malfunction or operating error that causes the pressure of a pipeline to rise
above its maximum allowable operating pressure plus the buildup allowed for
operation of pressure limiting or control devices.
(e) A leak in a
pipeline that constitutes an emergency.
(f) Any
safety-related condition that could lead to an imminent hazard and causes
(either directly or indirectly by remedial action of the operator), for
purposes other than abandonment, a twenty (20) percent or more reduction in
operating pressure or shutdown of operation of a pipeline.
(2) A report is
not required for any safety-related condition that:
(a) Exists on a
master meter system or a customer-owned service line;
(b) Is an
incident or results in an incident before the deadline for filing the
safety-related condition report;
(c) Exists on a
pipeline that is more than 220 yards from any building intended for human
occupancy or outdoor place of assembly, except that reports are required for
conditions within the right-of-way of an active railroad, paved road, street,
or highway; or
(d) Is corrected
by repair or replacement in accordance with applicable safety standards
pursuant to 807 KAR 5:022 before the deadline for filing the safety-related
condition report, except that reports are required for conditions under
subsection (1)(a) of this section other than localized corrosion pitting on an
effectively coated and cathodically protected pipeline.
Section 11.
Filing Safety-related Condition Reports. (1) Each report of a safety-related
condition under Section 10 of this administrative regulation shall be filed
(received by the commission) in writing within five (5) working days (not
including Saturday, Sunday, or federal holidays) after the day a representative
of the utility first determines that the condition exists, but not later than
ten (10) working days after the day a representative of the utility discovers
the condition. Separate conditions may be described in a single report if they
are closely related. To file a report by telefacsimile (fax) dial 502-564-7279.
(2) The report
shall be headed "Safety-related Condition Report" and provide the
following information:
(a) Name and
principal address of utility.
(b) Date of
report.
(c) Name, job
title, and business telephone number of person submitting the report.
(d) Name, job
title, and business telephone number of person who determined that the condition
exists.
(e) Date
condition was discovered and date condition was first determined to exist.
(f) Location of
condition, with reference to the town, city or county, and as appropriate
nearest street address, survey station number, milepost, landmark, or name of
pipeline.
(g) Description
of the condition, including circumstances leading to its discovery, any
significant effects of the condition on safety, and name of commodity
transported or stored.
(h) Corrective
action taken (including reduction of pressure or shutdown) before the report is
submitted and the planned follow-up future corrective action, including
anticipated schedule for starting and concluding such action. (9 Ky.R. 755; Am.
920; eff. 1-6-83; 16 Ky.R. 2042; eff. 5-13-90.)
