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.)