807 KAR 5:027. Gas pipeline safety; reports of leaks

Link to law: http://www.lrc.ky.gov/kar/807/005/027.htm
Published: 2015

      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.)
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