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Safety Rules

Table of Contents

Puc 504.03  Pressure Requirements. 1

Puc 504.05  Emergency Notification. 2

Puc 504.06  Incident Reporting. 4

Puc 504.07  Emergency Response. 5

Puc 505.01 Meter Installations. 6

Puc 506.01  Pipeline Safety Standards. 7

Puc 506.02  Construction, Operations and Maintenance. 11

Puc 508.03  Accidents. 17

Puc 508.04  Leakage Surveys and Inspections. 18

Puc 508.05 Leakage Record-Keeping and Reporting

Puc 509.07  E-5 Utility Accident Report. 24

Puc 509.11  E-22 Report of Proposed Expenditures for Additions, Extensions and Capital Improvements to fixed Capital 26

Puc 509.15  Status of Leaks. 27

Puc 512.03  E-27-A Jurisdictional LP Gas Facilities Report 29

Puc 512.05  Emergency Notification. 30

Puc 512.06  Incident Reporting. 32

Puc 512.07  Accidents. 33

Puc 512.08  Construction and Maintenance. 34

Puc 512.14  Leakage Surveys and Inspections. 36

PART Puc 203 ADJUDICATIVE PROCEEDINGS. 39

Puc 203.01 Staff Participation. 39

Puc 203.02 Filing Requirements. 39

Puc 203.03 Electronic Copies. 39

Puc 203.04 Form.. 40

Puc 203.05 Pleadings. 40

Puc 203.06 Petitions. 41

Puc 203.07 Motions. 42

Puc 203.08 Motions for Confidential Treatment. 42

Puc 203.09 Discovery. 45

Puc 203.10 Amendments. 46

Puc 203.11 Service. 46

Puc 203.12 Notice of Adjudicative Proceeding. 47

Puc 203.13 Postponement of Hearing. 49

Puc 203.14 Presiding Officer. 49

Puc 203.15 Prehearing Conference. 49

Puc 203.16 Appearance Before the Commission. 50

Puc 203.17 Intervention. 51

Puc 203.18 Public Comment. 51

Puc 203.19 Consolidation of Hearings. 51

Puc 203.20 Settlement and Stipulation of Facts. 53

Puc 203.21 Limiting Number of Witnesses or Time. 53

Puc 203.22 Exhibits. 53

Puc 203.23 Evidence. 54

Puc 203.24 Cross Examination. 55

Puc 203.25 Burden and Standard of Proof. 55

Puc 203.26 Order of Procedure. 55

Puc 203.27 Administrative Notice. 56

Puc 203.28 Views and Inspections. 56

Puc 203.29 Recess and Adjournment. 56

Puc 203.30 Reopening the Record. 57

Puc 203.31 Transcripts. 57

Puc 203.32 Briefs. 57

Puc 203.33 Rehearing. 58

Puc 203.34 Retention of Decisions. 58

Puc 204.01 Submission of Complaints. 58

Puc 204.02 Forwarding Complaints to Utilities. 59

Puc 204.03 Review of Complaints by Utilities. 59

Puc 204.04 Investigation. 59

Puc 204.05 Adjudicative Proceedings. 60

Puc 204.06. Investigations Initiated by the Commission. 60

CHAPTER Puc 800 UNDERGROUND UTILITY DAMAGE PREVENTION PROGRAM... 61

Puc 804.01 Reporting Requirements for Operators of Underground Facilities. 61

Puc 807.01 Investigation of Complaints. 62

Puc 807.02 Notice of Probable Violation. 63

Puc 807.03 Alternative Responses to Notice of Probable Violation. 64

Puc 807.04 Notice of Violation. 64

Puc 807.05 Response to Notice of Violation. 65

Puc 807.06 Commission Action. 65

Puc 807.07 Civil Penalties. 65

Puc 804.03 Training of Locators. 66

Settlement Agreement DG 11-040 April 9, 2012 Attachment J. 67

Item (2) Designation of Critical Valves for Gas Pipelines. 67

Item (3) Maintenance of Critical Valves. 70

Item (4) Record of Facility Locations and Transition to Global Positioning System (GPS) Integration   70

Item (5) Load Curtailment Plan. 71

Item (6) Internet/Intranet Access of Operations Manuals and Procedures. 71

Item (7) Adherence to written company procedures. 72

Item (8) Operator Qualification (OQ) Compliance Plan. 72

Item (9) Outside Contractor Activities. 72

Item (10) Marking of Underground Facilities. 73

Item (11) Ownership of System.. 73

Item (12) Cast Iron Encroachment Policy. 73

Item (13) Aldyl A Plastic Pipe. 74

Item (14) Contact Information. 74

Item (15) Odorization. 75

Item (16) Meter Protection from Snow and Ice. 75

Item (17) Leak Classification and Grade 3 Leak Reduction Program.. 75

Item (18) Emergency Response Time Standards. 77

Item (19) Leak Reporting. 79

Item (20) Cast Iron Bare Steel Replacement Program.. 80

Settlement Agreement DG 08-048 October 8, 2008 Order Number: 24,906. 85

Article VI, 6.1. 85

Article VI, 6.2. 85

Article VI, 6.3. 85

Article VI, 6.4. 85

Article VI, 6.5. 86

Article VI, 6.6. 86

Article VI, 6.7. 87

Article VI, 6.8. 87

 

 

 

 


Puc 504.03  Pressure Requirements

 

          (a)  Pipeline systems containing cast iron segments shall be limited to a maximum pressure of 13.8 inches of water column. 

 

          (b)  Consistent with system design, the pressure at the outlet of any customer's service meter shall never be:

 

                  (1)  Less than 4 inches of water column; or

 

                        (2)  Greater than 13.8 inches of water column, except by written agreement with the customer.

 

          (c)  In order to maintain records of pressure, each utility shall maintain in continuous operation a sufficient number of pressure recording devices in each area where the utility maintains a distribution system.

 

          (d)  All pressure records obtained under paragraphs (b) or (c) above shall be retained by the utility for at least 5 years and shall be available for inspection by the commission or its agents.

 

          (e)  For pressures at the outlet of any customer’s service meter that exceed (b) (2) above, a legible permanent identification that includes the maximum delivery pressure shall be installed at the service meter no later than July 1, 2016.  If the utility determines that a previously installed identification is not present, the utility shall install a new permanent identification as soon as practicable but no later than 60 days upon discovery of the missing identification. 

 

          (f)  The utility shall retain a copy of all written customer agreements for the initial installation of any service with delivering pressures greater than 13.8 inches of water column. Such records shall be retained until the service line has been abandoned.

 

          (g)  Each utility shall make reports of pressure complaints monthly to the commission on Form E-8 pursuant to Puc 509.10.

 

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Puc 504.05  Emergency Notification

 

          (a)  The utility shall notify the safety division of the commission by telephone when any of the following events occur:

 

                  (1)  A release of gas from a pipeline, release of LNG or LPG, or release of gas from a LNG or LPG facility that results in:

 

                          a.  A death;

 

                          b.  Personal injury necessitating same day professional medical treatment; or

 

                          c.  Estimated property damage of $5,000 or more;

 

                  (2)  A fire or an explosion at, or emergency shutdown of, a liquefied natural gas facility, or propane-air facility;

 

                  (3)  An evacuation of a building conducted by a fire department, utility or other emergency personnel because of the presence of gas in the atmosphere or in, or in the immediate vicinity of, the building;

 

                  (4)  An unplanned service interruption or gas outage that is expected to result in 50 or more customer outage hours;

 

                  (5)  A single outage occurring at a state, federal, or municipal facility, hospital, school or other facility in which the public could be affected;

 

                  (6)  A breach of security or other threat that jeopardizes the operation of a utility’s major facilities;

 

                  (7)  Any exceedance of maximum allowable operating pressure of any duration, including accidental overpressurizations, consistent with Puc 506.01(a);

 

                  (8)  A gas facility-related event, that the utility is aware of or has reason to believe has been or will be reported in the news media, including, but not limited to, a shutdown of a major highway, arterial roadway or rail system, or where a person identified as a news reporter was present;

                  (9)  When the utility confirms that levels of odorant do not meet the requirements of Puc 506.02(m); or

 

                  (10)  An event which is significant in the judgment of the utility, even though it is not described above.

 

          (b)  A utility shall not be required to determine or document the presence or involvement of gas in any incident or event before notifying the commission.

 

          (c)  The telephone notification shall be made promptly, but no more than one hour following confirmed discovery by the utility of the event or any incident defined in Puc 504.06.

 

          (d)  The utility shall provide to the commission representative who responds to the call the following information:

 

                  (1)  Identity of reporting utility;

 

                  (2)  Name, title, and location of the person reporting the incident and contact information;

 

                  (3)  Location of the incident including street address and city or town;

 

                  (4)  Number of known or estimated fatalities and personal injuries, if any;

 

                  (5)  Type and extent of known or estimated property damage;

 

                  (6)  Description of the incident or event including any significant facts known by the utility that relate to the cause and resolution of the problem;

 

                  (7)  Date and hour the incident occurred and was discovered by the utility and, to the extent known, by any other party;

 

                  (8)  For a service interruption, gas outage, or evacuation of a building, the estimated or known number of people and/or customers affected and the estimated or actual duration of the outage; and

 

                  (9)  When the Office of Pipeline Safety of the United States Department of    Transportation was, or will be, notified of the incident, if applicable.

 

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Puc 504.06  Incident Reporting

 

          (a)  In addition to the emergency notification required in Puc 504.05, a utility shall also report in writing to the commission any incident occurring in connection with its facilities and services, as follows:

 

                  (1)  In accordance with 49 C.F.R. §191.9 and §191.15, a utility shall report to the commission, within 20 days following discovery, any incident which the utility shall be required to report to the federal Office of Pipeline Safety pursuant to 49 C.F.R. 191.9, which report shall be made on federal Department of Transportation form PHMSA F 7100.1, which is entitled, "Incident Report - Gas Distribution Systems" and a copy thereof shall be submitted to the commission; and

 

                  (2)  A utility shall report each month, pursuant to Puc 509.15, the status of any leaks occurring in its gas distribution system.

 

          (b)  A utility shall file any report required pursuant to (a)(1) above in addition to any report required pursuant to (a)(2).

 

          (c)  When additional relevant information is obtained after a report under this section is submitted, the utility shall make a supplementary report to the commission conveying this information.

 

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Puc 504.07  Emergency Response

 

          (a)  For any utility that serves a single municipality or serves fewer than 2,500 customers, emergency response shall be limited to within 30 minutes.

 

          (b)  Reports on emergency response times shall be submitted as follows: 

 

                        (1)  For any response time in excess of 30 minutes, the utility shall report the amount of time it took to arrive at the location of the report of gas odor, the location of the report of gas odor, and a detailed explanation for its failure to respond to the location within 30 minutes and preventive measures taken to limit potential future exceedances.

 

                  (2)  On a monthly basis the utility shall report the number of gas odors responded to, leaks and other unplanned releases of gas responded to, and any other emergency responses.  The report should include the date, time and location of emergency response and reason for emergency response. 

 

 

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Puc 505.01 Meter Installations

 

          (a)  Unless it obtains a waiver from the commission pursuant to Puc 201.05, each utility shall provide and install at its own expense and shall continue to own, maintain and operate, all equipment necessary for the regulation and measurement of gas to its customers.

 

          (b)  When additional meters or increased pressures at the meter outlet, exceeding those required by Puc 504.03, are furnished by the utility at the request of a customer, a charge for such meters, equipment and the labor to install them may be made to the customer consistent with existing retail rates.

 

          (c)  Meter installations shall be protected from anticipated or potential dangers, including but not limited to vehicles, ice, snow, flooding, or corrosion.

 

          (d)  No gas utility in this state shall provide gas service to any master meter system constructed after July 1, 2013, without written approval from the commission. The commission shall approve such service only if found to be consistent with safe and reliable service requirements set forth in these rules and the associated rates and charges for such service are found to be just and reasonable pursuant to RSA 378.

 

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Puc 506.01  Pipeline Safety Standards

 

          (a)  All utilities including those with propane storage facilities shall comply with those pipeline safety regulations established by the United States Department of Transportation which are set forth in 49 C.F.R. Parts 191, 192, 193, 198 and 199, including future amendments thereto.   

 

          (b)  Where Puc 500 or Puc 800 establishes more stringent safety-related requirements than those pipeline safety regulations adopted pursuant to (a) above, the more stringent requirement set forth in Puc 500 or Puc 800 shall apply.

 

          (c)  After January 1, 2007, only an individual who meets operator qualifications in accordance with 49 CFR Part 192, Subpart N shall perform an activity which:

 

                  (1)  Is performed on a pipeline facility, whether new or existing;

 

                  (2)  Is an activity involving operations, maintenance or new construction;

 

                  (3)  Is performed as a requirement of this part; and

 

                  (4)  Affects the operation or integrity of the pipeline.

 

          (d)  Utilities shall ensure and document that welders performing welding work on utility pipeline facilities are qualified, as follows:

 

                        (1)  No utility shall permit a welder to make any pipeline weld unless the welder has qualified by destructive testing within the preceding 63 months, but at least once every 5 calendar years in accordance with 49 C.F.R. §192.7 and Appendix C to Part 192; 

 

                        (2)  Utilities shall verify that any welder originally qualified under an earlier edition of Section 6 of American Petroleum Institute Standard 1104, Welding of Pipelines and Related Facilities (API 1104), as referenced in 49 CFR §192.7, shall be certified by the referenced edition; 

 

                        (3)  Puc 506.01(d)(1) and (2) shall not apply to those portions of LNG facilities or propane     storage facilities that are not subject to 49 CFR Part 192; and

 

                        (4)  No utility shall permit a welder to weld with a particular welding process unless the welder has engaged in welding with that process within the preceding 6 calendar months.  Utilities shall verify that a welder who has not engaged in welding with that process within the preceding 6 calendar months is requalified for that process as set forth in subsections (1) and (2) above.

 

          (e)  In addition to the above requirements, the operator shall ensure that all welds are visually inspected by a welding inspector qualified in accordance with API 1104, section 8.3, and that welds are evaluated consistent with API 1104, section 9, as referenced in 49 C.F.R. § 192.7.

 

          (f)  For projects that include welds on any pipeline main or transmission line operating at pressures greater than 60 pounds per square inch gauge (psig), or welds at a service and main interface or a service and transmission line interface operating at such pressures, or any welding project involving a pressure regulator station, the operator shall:

 

                        (1) Conduct a non-destructive field test on at least 10 percent of welds completed for a project that consists of at least 10 welds; or

 

                        (2) Conduct a non-destructive field test on at least one weld for projects that include 5 to 9 welds.

 

          (g)  Non-destructive tests shall include but not be limited to radiographic, magnetic particle, liquid penetrant, or ultrasonic tests, but shall not include visual inspection, and shall be evaluated using the criteria set forth in API 1104, section 9, as referenced in 49 C.F.R. §192.7.

 

          (h)  If any weld fails a non-destructive test, that weld shall be repaired and retested, and the utility shall perform non-destructive tests on no less than 50 percent of all welds for that project. Upon additional failures, the utility shall repair the failed welds and perform non-destructive tests on 100 percent of all welds for that project.

 

            (i)  Puc 506.01(e), (f), (g) and (h) shall not apply to those portions of LNG facilities or propane storage facilities that are not subject to 49 C.F.R. Part 192.

 

          (j)  Inspection of Materials as required by 49 C.F.R §192.307 and Repair of Pipe as required by 49 C.F.R §192.311 shall be applicable to all plastic pipelines including services.

 

          (k)  A utility shall ensure the periodic inspection and calibration of all equipment, used in construction, operations, and maintenance activities where improper calibration or failure to inspect could impact its performance.  Equipment calibrations shall be in accordance with the frequencies defined in the manufacturers' procedures and specifications.

          (l)  Utilities shall have the means to verify calibrations of all such equipment covered under (k) above in the field upon the request of the safety division. 

 

          (m)  Whenever conditions permit, gas service lines installed after July 1, 2013 shall be installed with a cover of not less than 18 inches above the top of the pipe, except where interference with other sub-surface structures or the insertion of previously installed service lines makes it impracticable to maintain this depth of cover.  In such cases, applicable protective devices such as steel plating or concrete padding shall be installed.  Installation of protective devices shall be documented and records kept for the life of the pipeline.

 

          (n)  Utilities shall not install or operate a gas regulator that could release gas closer than 3 feet to a source of ignition, an opening into a building, an air intake into a building or any electrical source not intrinsically safe, as follows:

 

                        (1)  The 3-foot clearance from a source of ignition shall be measured from the vent or source of         release (discharge port), not from the physical location of the meter set assembly; and 

 

                        (2)  For encroachment within the required 3-foot clearance caused by an action of the property owner or occupant after the initial installation, the encroachment shall be resolved by extending the regulator vent to meet this requirement within 90 days of discovery.

          (o)  Pipelines shall be laid on continuous bedding consisting of suitable rock free materials or well compacted soil as follows:

 

                        (1)  If piping is to be laid in soils which may damage the piping, the piping shall be protected before back-filling is completed;

 

                  (2)  Plastic piping shall not be supported by blocking; and

 

                  (3)  Well tamped earth or other continuous support shall be used.

 

          (p)  Gate stations and district regulating stations that utilize regulator(s) to provide the primary means of overpressure protection shall be designed and installed to incorporate equipment that indicates the station outlet pressure and confirms the proper operation of the regulator(s) as follows:

 

                        (1)  Such equipment may include telemetering equipment that communicates with central        SCADA systems, local chart or digital pressure recorders or other local indicator;

 

                        (2)  When the operator chooses to use a pressure gauge as the separate device to comply with this         section, the pressure gauge shall have the capability to record the high pressure, such as a         recording chart or tattle-tale needle, but a standard sight gauge shall not be deemed adequate for this purpose; and

 

                        (3)  Utilities shall inspect pressure regulating stations monthly to ensure proper operation and to confirm the proper operation of the regulating equipment.

 

          (q)  Each customer meter, gas regulating station, or any aboveground gas transporting facility shall be permanently marked to identify the operator’s name.

 

          (r)  Gas regulating stations and aboveground gas transporting facilities shall be permanently marked to identify the operator’s contact information for emergencies.

 

          (s)  Marking of facilities under (q) and (r) above shall be accomplished by metal signs, line markers, plastic decals, or other appropriate means and shall be completed by July 1, 2016. 

 

          (t)  Each single fed distribution system shall be equipped with telemetering or recording pressure gauge or gauges as may be required to properly indicate the gas pressure in the system at all times, in accordance with the following:

 

                        (1)  At least once each year the pressure variation shall be determined throughout each system; and

 

                  (2)  By January 1, 2016, telemetering shall be the sole method used to properly indicate the gas pressure at all times for each single fed distribution system when the following conditions are present:

                         

                          a.  The single fed distribution system serves more than 150 customers; or

                          b.  The downstream temperature on the outlet side of the pilot operated pressure regulator(s) is predicted to be lower than 32 degrees Fahrenheit and no system pre-heat or regulator pilot heat is installed.

 

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Puc 506.02  Construction, Operations and Maintenance

 

          (a)  Except as established herein or by municipal regulations that are more stringent than the state or federal requirement, each utility shall construct, install, operate and maintain its plant, structures, equipment and gas pipelines:

 

                  (1)  In accordance with all applicable federal and state requirements, including but not limited to the requirements of the "Utilities Accommodation Manual," February 2010 edition, of the New Hampshire state department of transportation adopted by the commissioner pursuant to the powers under RSA 228:21, which establishes uniform practice regarding the accommodation of utilities within state highway rights-of-way;

 

                  (2)  After weighing all factors, including potential delay, cost and safety issues in such a manner to best accommodate the public, giving particular weight to safety issues that affect the public; and

 

                  (3)  To prevent potential interference with service furnished by other utilities including electric, telephone, water, sewer, steam and other underground or above ground facilities.

 

          (b)  Pipelines shall be laid at least 12 inches away from any other underground structure unless such clearance cannot be achieved in which case they shall be laid in proximity with other underground structures as is consistent with good engineering practice.  Clearances less than 12 inches shall be documented and records kept for the life of the pipeline. 

 

          (c)  No new pipeline installation shall be made in any non-accessible areas under any building after July 1, 2013. 

 

          (d)  Written construction procedures shall include specific provisions for directional drilling and other trenchless technology installation methods that minimize the potential damage to gas pipelines and other underground facilities as listed in 506.02(a)(3).

 

          (e)  Gas pipelines, including new proposed construction or replacements, that are to be operated at a pressure greater than 60 pounds per square inch gauge shall not, be installed under roads, public waters or railroad crossings without notification to the commission’s safety division at least 10 days prior to construction of the crossing and vicinity.

 

          (f)  The utility shall avoid any interfering structure which provides a space in which a substantial accumulation of explosive mixture might accumulate in the event of a leak.  Preference shall be given to crossing over rather than under such structure but minimum cover requirements shall be maintained.  In those situations where minimum cover cannot be maintained, applicable protective devises such as steel plating or concrete padding shall be installed.  Installation of protective devices shall be documented and records kept for the life of the pipeline wherever possible. 

 

          (g)  Each utility shall design and install all electrical wire fixtures and devices in accordance with the National Electric Code as adopted by RSA 155-A:1, IV.

 

          (h)  All meter and regulator station buildings shall be provided with permanent natural draft ventilating devices sufficient to accomplish an average of 5 changes of air per hour.

 

          (i)  Each utility shall comply with the requirements for purging pipelines established by the Purging Principles and Practice, 2001 edition, of the American Gas Association.

 

          (j)  Within 2 years of a meter being continuously locked or removed, the utility shall disconnect from the main and abandon all gas service lines with the exception of cathodically protected or plastic gas service lines which shall be disconnected from the main and abandoned within 10 years of the meter being continuously locked or removed.

 

          (k)  All utilities shall map in their mapping system any main that is abandoned after February 1, 2005.

 

          (l)  All utilities shall maintain records of any service line that has been abandoned after February 1, 2005.

 

          (m)  All combustible gases transported or distributed by a pipeline shall have a distinctive odor of sufficient intensity so that at a concentration of one-fifth of the applicable lower explosive limit, in accordance with Table 508-1, the odor is readily perceptible to the normal or average olfactory sense of a person coming from fresh, uncontaminated air into a closed room. 

 

          (n)  Whenever necessary to maintain the level of odorization intensity described in (m) above, a suitable odorant shall be added in accordance with the following specifications:

 

                  (1)  The odorant shall be harmless to humans, non-toxic, and shall be non-corrosive to steel, iron, brass, and plastic or any other material used by the utility in handling gas;

 

                  (2)  The odorant shall not be soluble in water to an extent greater than 2.5 parts by weight of the odorant to 100 parts by weight of water;

 

                  (3)  The products of combustion from the odorant shall be non-toxic to a person breathing air containing these products of combustion and shall not be corrosive or harmful to material which normally would be exposed to such products;

 

                  (4)  Equipment for introduction of the odorant into the gas shall be so designed and so built as to avoid wide variation in the level of odor in the gas;

 

                  (5)  The equipment and facilities for handling the odorant shall be located where the escape of odorant would not be a nuisance; and

 

                  (6)  At least 12 times per calendar year, at intervals not exceeding 45 days, each utility shall sample gas distributed at places downstream of all injection points to assure the presence of odorant in a concentration that is in accordance with Puc 506.02 (m).  This testing of samples shall be conducted using equipment manufactured specifically for odorant testing, calibrated per manufacturer’s instructions and at locations equivalent to the further points from the source or system extremities of each pressure system.  Each utility shall have the capability of promptly injecting odorant if the odorant levels are detected below those of Puc 506.02(m).

 

          (o)  The utility shall provide, upon the request of the commission, written verification that the pipeline has been constructed and tested in accordance with all applicable federal and state requirements.  Verification documentation shall be maintained for the life of the pipeline segment constructed and tested.  A recordable device shall be used for documentation. 

 

          (p)  The verification required in (o) above shall include, at a minimum, the following information:

 

                  (1)  Test pressure;

 

                  (2)  Duration of test;

 

                  (3)  Test date;

 

                  (4)  Type of test, such as hydrostatic/air;

 

                  (5)  Normal and maximum operating pressure to which the pipeline will be subjected;

 

                  (6)  Material type and fitting type, including specification, tested;

 

                  (7)  Individual company performing test; and 

                  (8)  Location of beginning of segment tested and location of end of segment tested.

 

          (q)  The utility shall submit to the commission a supplemental verification, including figures and maps, as appropriate, whenever:

 

                  (1)  Any change of 10% or more is made in the operating pressure; or

 

                  (2)  Any change in location is made to the pipeline because of road relocations.

 

          (r)  Operating and maintenance procedures and emergency plans shall be documented according to a plan as follows:

 

                  (1)  Each utility shall establish a written operating and maintenance plan pursuant to 49 C.F.R. §192.603 including the criteria set forth in 49 C.F.R. §192.605;

 

                  (2)  Each utility shall establish a written emergency plan pursuant to 49 CFR §192.615;

 

                  (3)  Each utility shall file with the commission its plans together with any subsequent amendments;

 

                  (4)  Each utility shall operate, inspect and maintain its system in accordance with its plans; and

 

                  (5)  Each utility shall inspect any new construction by outside contractors that is or will be incorporated into the utility’s system to verify that the resulting installation meets company specifications.

 

          (s)  Each utility shall develop and maintain a written security plan outlining actions necessary to protect the utility’s facilities from breeches of security or sabotage, and outlining actions to be taken as required by Homeland Security Presidential Directive-3 and any subsequent modifications, pursuant to Public Law 107-56, October 26, 2001, as follows: 

 

                  (1)  The written security plan shall include preventive measures that address supervisory control and data acquisition (SCADA) systems, control centers and systems, and critical supply locations, as well as cyber security considerations. 

 

                  (2)  The utility shall permit the commission’s safety division to review the written security plan on utility premises. 

 

                  (3)  The utility shall provide the commission with a confidential copy of the security plan upon request.

 

          (t)  Integrity management plans for transmission and distribution systems, public awareness plans, and operator qualification plans, shall be documented as follows:

 

                  (1)  Each utility shall establish plans pursuant to 49 C.F.R. §§192.901, 192.1003, 192.616, 192.801 and Puc 506.01 (c);

 

                  (2)  Each utility shall file with the commission its plans together with any subsequent amendments or revisions;

 

                  (3)  Each utility shall design, construct, test, operate, inspect and maintain its system in accordance with its plans; and

 

                  (4)  Integrity management plans shall address any applicable Federal Advisory Bulletins issued by the Pipeline and Hazardous Materials Safety Administration (PHMSA) and any results of failure investigations as required by 49 C.F.R. §192.617.

 

            (u)  By July 1, 2015, all operator qualification plans shall list all covered tasks and include specific abnormal operating conditions for each task.  All operator qualifications covered tasks shall be cross referenced with applicable construction standards or specifications or applicable operation and maintenance activities including emergency response. 

 

            (v)  Construction quality assurance plans shall be written, followed and documented as follows:

 

                  (1)  Each utility shall inspect any new construction by outside contractors that is or will be incorporated into the utility’s system to verify that the resulting installation meets company specifications;

 

                  (2)  A representative number of field verification audits shall be conducted after field work is completed for specific tasks;

 

                  (3)  Performance audits shall be conducted to evaluate a representative sample of various tasks are evaluated during the actual time that the work is being performed by the employee or contractor;

 

                  (4)  Construction inspections shall be conducted frequently enough to encompass most of the new facility installation and repairs that are done on the utility system;

                  (5)  Detailed forms shall incorporate activity checklists prepared to cover normal work activities for evaluation or inspection of specified field work and construction;

 

                  (6)  Audits of employees and crews shall be conducted by management personnel (for example, supervisors, engineers) to ensure that all personnel have reviewed the quality assurance plan and that all construction work is inspected on a regular basis; and

 

                  (7)  Utilities shall take remedial action within 3 months to correct or make substantial progress toward correction of any deficiencies indicated by construction quality assurance audit and inspection findings.

 

            (w)  Each utility shall take remedial action within 3 months to correct or make substantial progress toward correction of any deficiencies indicated by monitoring of cathodically protected pipelines in accordance with 49 CFR Part 192 Subpart I.

 

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Puc 508.03  Accidents

 

          (a)  Each utility shall notify the commission of any accident, as described in Puc 504.05(a), pursuant to Puc 504.05.

 

          (b)  A utility shall submit a written report to the commission on the commission’s Form E-5 ”Utility Accident Report”, pursuant to Puc 509.07, within 10 working days following the occurrence of any accident involving a release of gas from a pipeline, a release of LNG or LPG or a release of gas from a LNG or LPG facility in which:

 

                  (1)  Any person has been killed;

 

                  (2)  Any person has received an injury which requires same day professional medical treatment;

 

                  (3)  Any person has received an injury which incapacitates that person from active work for a total of 6 days or more during the 10 days immediately following the accident; or

 

                  (4)  Any property damage over $5,000 in amount has been caused.

 

          (c)  If any event later occurs in connection with an accident which renders an accident reportable under this section or results in an additional reportable occurrence listed in (b)(1)-(4) associated with a report previously submitted, the utility shall submit a new or updated report, as appropriate.

 

          (d)  A utility shall submit concurrently to the commission a copy of any written accident or incident report submitted to the federal government.

 

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Puc 508.04  Leakage Surveys and Inspections

 

          (a)  For purposes of this section, "business districts" means the principle business areas in the urban portion of a community.

 

          (b)  The presence of certain factors shall indicate the presence of a business district, as follows:

 

                  (1)  The general public regularly congregates in this area for economic, industrial, religious, educational, health or recreational purposes;

 

                  (2)  The majority of the buildings on either side of the street are utilized for commercial, industrial, religious, educational, health or recreational purposes;

 

                  (3)  Gas facilities are under continuous paving that extends either from the center line of the thoroughfare to the building wall or from the gas main to the building wall; and

 

                  (4)  Other locations or sites in the urban portion of a community which contain a similar density and/or mix of buildings and services as provided in (1) through (3) above.

 

          (c)  Each utility shall survey distribution mains in business districts on an annual basis.

 

          (d)  Each utility shall conduct a leakage survey of cast iron main lines in business districts on a repeated basis during the months when frost is in the ground, but not in conjunction with the survey referred to in (c) above.

 

          (e)  Each utility shall conduct a leakage survey of all unprotected steel services at least once during each 3 year period and of all protected steel and plastic pipe at least once during each 5 year period.

 

          (f)  Each utility shall inspect gas mains once each calendar year in locations or on structures where known physical movement or external loading could cause failure or leakage and shall patrol such locations at least 3 times each calendar year.

 

          (g)  A gas detector survey of buildings used for public assembly, including schools, churches, hospitals, theaters, municipal buildings and downtown areas shall be conducted each year during the period March 1 to December 1.

 

          (h)  In completing a gas detector survey of buildings used for public assembly, as referred to in (g) above, a utility shall:

 

                  (1)  Test areas around service entrances, inside the foundation wall, at conduit or cable entrances below grade and at cracks or breaks in the foundation wall where gas seepage might enter the basement; and

 

                  (2)  Test exposed piping from the service entrance to the outlet side of the meter.

 

          (i)  If, when investigating a leak, it is determined that the perimeter of a leak area extends to a building wall, the investigation shall continue into the building unless public safety or identifiable exigent circumstances prohibit entry.

 

          (j)  Once public safety or identifiable exigent circumstances no longer prohibit entry, the investigation, as provided in (i) above, shall continue into the building, if the leak has not yet been resolved.

 

          (k)  The utility shall establish a leak repair priority based on its evaluation of the location and the magnitude of a leak.

 

          (l)  The applicable lower explosive limits (LELs) shall be determined according to Table 508-1 below:

 

TABLE 508-1

Utility Lower Explosive Limits &

Equivalent Percent Gas/Air Ratios

% LEL

Natural Gas % gas/air

Propane % gas/air

10

0.5%

0.2%

20

1.0%

0.4%

30

1.5%

0.6%

40

2%

0.8%

60

3%

1.2%

80

4%

1.6%

100

5%

2%

          (m)  A utility shall assign a classification of leaks as follows:

 

                  (1)  A Class I leak shall be a leak that represents an existing or probable hazard to persons or property, and requires immediate repair within 24 hours or continuous action until the conditions are no longer hazardous, consistent with the following:

 

                          a.  A Class I leak shall include but not be limited to:

 

1. Any leak which, in the judgment of operating personnel at the scene, is regarded as an immediate hazard;

 

2. Escaping gas that has ignited unintentionally;

 

3. Any indication of gas, which has migrated into or under a building, or into a tunnel;

 

4. Any reading within five feet of the outside wall of a building, or where gas would likely migrate to an outside wall of a building;

 

5. Any reading of 40% LEL or greater in accordance with Table 508-1, in an enclosed space including but not limited to manholes, vaults, and catch basins;

 

6. Any leak that can be seen, heard, or felt, and which is in a location that may endanger the general public or property; and

 

7. Any leak in a small substructure, which shall include but not be limited to conduits, pipes, pedestals and other small enclosures, when a sustained combustible gas indicator reading of 70% LEL or greater in accordance with Table 508-1 is measured.

 

                          b.  In the event of a Class I leak, the utility shall take action immediately to eliminate the hazard and make repairs, including, as necessary, one or more of the following actions:

 

1. Implementation of an emergency plan;

 

2. Evacuation of premises;

 

3. Blocking off an area;

 

4. Rerouting traffic;

5. Elimination of sources of ignition;

 

6. Venting the area by removing manhole covers, barholing, installing vent holes, or other means;

 

7. Stopping the flow of gas by closing valves or other means; or

 

8. Notification to emergency responders.

 

                  (2)  A Class II leak shall be a leak that is recognized as being non-hazardous at the time of detection, but requires scheduled repair within 6 months or before the end of the calendar year based on probable future hazard of any degree, evaluated as follows:

 

                          a.  When evaluating Class II leaks, each operator shall consider criteria such as the following:

 

1. The amount and migration of gas;

 

2. The proximity of gas to buildings and subsurface structures;

 

3. The extent of pavement, including wall-to-wall paving that includes areas covered in gravel or grass; and

 

4. Soil type and conditions, such as frost cap, moisture, and natural venting.

 

                          b.  A leak shall be considered a Class II leak when a sustained combustible gas indicator reading of 40% LEL or greater in accordance with Table 508-1 is measured under a sidewalk in a wall-to-wall paved area that does not qualify as a Class I leak;

 

                          c.  A leak shall be considered a Class II leak when a sustained combustible gas indicator reading of 100% LEL or greater in accordance with Table 508-1, is measured under a street in a wall-to-wall paved area that has significant gas migration and does not qualify as a Class I leak;

 

                          d.  A leak shall be considered a Class II leak when a sustained combustible gas indicator reading of less than 70% LEL in accordance with Table 508-1 is measured in small substructures. A small substructure shall include but not be limited to conduits, pipes, pedestals and other small enclosures;

                          e.  A leak shall be considered a Class II leak when a sustained combustible gas indicator reading less than 40% LEL in accordance with Table 508-1 is measured in a confined space including but not limited to manholes, vaults, and catch basins;

 

                          f.  A leak shall be considered a Class II leak when a sustained combustible gas indicator reading is measured on a pipeline operating at 30 percent specified minimum yield strength (SMYS), or greater, in a class 3 or 4 location, as defined in 49 C.F.R. §192.5, which does not qualify as a Class I leak;

 

                          g.  A leak shall be considered a Class II leak when, in the judgment of operating personnel at the scene, it is of sufficient magnitude to justify scheduled repair;

 

                          h.  All Class II leaks shall be rechecked at intervals no greater than every 60 days during the months of April through, and including, December; and no greater than every 30 days during the months of January through, and including, March; and

 

                          i.  Each utility shall take action ahead of ground freezing or other adverse changes in venting conditions with respect to any leak which, under frozen or other adverse soil conditions, would likely allow gas to migrate to the outside wall of a building.

 

                  (3)  A Class III leak shall be a leak that is non-hazardous at the time of detection and can be reasonably expected to remain non-hazardous, as evaluated in accordance with the following: 

 

                          a.  Each utility shall survey and re-evaluate each Class III leak no less than once per calendar year, but at least one reevaluation of each Class III leak shall be performed between September 1 and December 15 each calendar year until the leak is repaired.

 

                          b.  A leak shall be considered a Class III leak when a sustained combustible gas indicator reading less than 40% LEL in accordance with Table 508-1 is measured under a street or sidewalk in areas without wall-to-wall paving where it is unlikely the gas could migrate to the outside wall of a building. Wall-to-wall paving shall include areas covered in gravel or grass, in accordance with Puc 508.04(m)(2);

 

                          c.  A leak shall be considered a Class III leak when a sustained combustible gas indicator reading of less than 100% LEL in accordance with Table 508-1, is measured under a street in a wall-to-wall paved area that does not have significant gas migration and does not qualify as a Class II leak. Wall-to-wall paving shall include areas covered in gravel or grass, in accordance with Puc 508.04(m)(2); and

 

                          d.  Any leak that does not classify as a Class I or Class II leak shall be considered a Class III leak.

 

          (n)  A utility shall conduct a follow-up inspection as follows:

 

                  (1)  The adequacy of leak repairs shall be checked before backfilling;

 

                  (2)  The perimeter of the leak area shall be checked with a combustible gas indicator (CGI) or equivalent gas detection equipment; and

 

                  (3)  Where there is residual gas in the ground after the repair of a Class I leak, the utility shall conduct a follow-up inspection as soon as practical after allowing the soil atmosphere to vent and stabilize, but in no case later than one month following the repair.

 

          (o)  In the case of leak repairs other than Class I, the need for a follow-up inspection shall be determined by qualified personnel of the utility.

 

          (p)  Any leaks requiring reclassification as a result of these rules and any required repairs associated with those leaks shall be completed by December 31, 2014.

 

          (q)  In any calendar year, a utility shall not reclassify from Class II to Class III more than six total leaks or 5% of all outstanding leaks in a given class, whichever is less.

 

          (r)  Any leaks identified after December 1, 2014, shall be classified consistent with these rules.

 

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Puc 508.05 Leakage Record-Keeping and Reporting

 

          (a)  Each utility shall maintain records and follow self-audit procedures regarding gas leaks and leakage surveys as follows:

                  (1)  A utility shall preserve historical gas leak records in accordance with Puc 507.05(a) and Puc 507.07;

 

                  (2)  In order to demonstrate the adequacy of company maintenance programs, a utility shall maintain sufficient data to provide the information needed to complete the federal Department of Transportation leak report forms as follows:

 

                          a.  Form PHMSA F 7100.1, "Incident Report - Gas Distribution System";

 

                          b.  Form PHMSA F 7100.1-1, "Annual Report For Calendar Year 20__ - Gas Distribution System";

 

                          c.  Form PHMSA F 7100.2, "Incident Report – Natural and Other Gas Transmission and Gathering Systems"; and

 

                          d.  Form PHMSA F 7100.2-1, "Annual Report For Calendar Year 20__ - Natural and Other Gas Transmission and Gathering Pipeline Systems"; and

 

                  (3)  The utility shall maintain records for leaks which are reported by an outside source or require reporting to a regulatory agency.

 

          (b)  The leak records as required in (a) above shall not be required to be maintained in any specific format or retained at one location.

 

          (c)  The leak records as required in (a) above shall include the following:

 

                  (1)  Date discovered, time reported, time dispatched, time investigated and by whom;

 

                  (2)  Date(s) re-evaluated before repair and by whom;

 

                  (3)  Date repaired, time repaired and by whom;

 

                  (4)  Date(s) rechecked after repair and by whom;

 

                  (5)  If a reportable leak, date and time of telephone report to regulatory authority and by whom;

 

                  (6)  Location of leak;

 

                  (7)  Leak classification;

 

                  (8)  Line use, including distribution and transmission;

 

                  (9)  Method of leak detection including name and address if reported by an outside party; and

 

                  (10)  A description of any environmental impact, if applicable.

 

          (d)  A utility shall report to the commission leaks occurring in its gas distribution system as follows:

 

                  (1)  Emergency notification, pursuant to Puc 504.05(a); and

 

                  (2)  Report on status of leaks, pursuant to Puc 509.15.

 

 

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Puc 509.07  E-5 Utility Accident Report

 

          (a)  Each utility shall file the commission’s Form E-5 ”Utility Accident Report” within 10 working days of when a utility accident, as described in Puc 508.03(b), occurs, and as required in Puc 508.03(c).

 

          (b)  Each utility shall include the following on Form E-5:

 

                  (1)  The current, date and name and address of utility;

 

                  (2)  Date, time of discovery, and location of accident;

 

                  (3)  Description of any person injured including:

 

                          a.  Name;

 

                          b.  Age;

 

                          c.  Residence;

 

                          d.  Employer; and

 

                          e.  Status of any injured person, whether employee, person under contract, invitee, licensee, trespasser or other;

 

                  (4)  Description of injury, current condition, duration of disability and, if applicable, anticipated return to work date;

 

                  (5)  Description of cause and manner of accident;

 

                  (6)  If applicable, cause of death and previous related accident report number;

 

                  (7)  Designation of federal or state statute violated, if applicable;

 

                  (8)  Estimated amount of property damage and breakdown of property damage amounts;

 

                  (9)  Method of discovery of the accident;

 

                  (10)  Estimated amount of gas released measured in terms of 1,000 cubic feet (mcf) and value of gas released, including calculations;

 

                  (11)  Time operator or contractor acting on behalf of operator arrived on scene;

 

                  (12) Time operator made pipeline safe;

 

                  (13)  Date and time final restoration and return to gas service was completed; 

 

                  (14)  Quantity of people evacuated and quantity of meters shut off or service interrupted;

 

                  (15) Description of the pipeline facility involved (age, material type, diameter, location, classification, above ground, below ground, depth, pressure at time of accident, map of pipeline);

 

                  (16) Date and time of notification to the National Response Center, if required;

 

                  (17)  Recommendation for and steps taken to guard against repetition of accident; and

 

                  (18)  The signature, full name and title of the utility employee who supervised the preparation of the report, and date of signature.

 

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Puc 509.11  E-22 Report of Proposed Expenditures for Additions, Extensions and Capital Improvements to fixed Capital

          (a)  Each utility shall file an annual report of proposed expenditures for addition, extensions and capital improvements to fixed capital on or before May 15 of each year.

 

          (b)  The report shall include The name of the utility filing the report.

 

          (c)  With respect to any proposed, main, or service capital addition, extension or improvement, utilities shall report on Form E-22 the following:

 

                  (1)  A description of size, length and material of the main or service;

 

                  (2)  The location of the proposed capital addition, extension or improvement;

 

                  (3)  The total estimated cost of the proposed capital addition, extension or improvement by work category; and

 

                  (4)  The signature, full name and title of the utility employee who supervised the preparation of the report, and date of signature.

 

          (d)  Investigation of or comment on a construction budget or E-22 by the commission or failure of the staff to identify prudence review issues as described in paragraph (e) below, shall not constitute a final prudence review and the commission shall not be precluded from analyzing the merit of any expenditure in a future rate case.

 

          (e)  The commission shall notify a utility when it identifies prudence review issues, which it would raise as part of a rate case, in connection with notice of a proposed expenditure under this section.

 

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Puc 509.15  Status of Leaks

 

          (a)  Each utility shall submit to the commission a monthly leak report.

 

          (b)  Each utility shall provide on the monthly leak report a description of the status of any leak in its system classified by type of leak, as Class I, II or III.

 

          (c)  The report shall include a caption identifying the report as "Monthly Leak Report" along with the name of the company filing the report.

 

          (d)  A utility shall identify and describe the status of leaks as follows:

 

                  (1)  As of the beginning of each month;

 

                  (2)  Those reported during the month;

 

                  (3)  Those repaired during the month; and

 

                  (4)  Those reported and awaiting repair at the end of the month.

 

          (e) Additionally, for those leaks reported during the month, the utility shall provide:

 

                  (1)The leak address;

 

                  (2)The date leak was reported;

 

                  (3)The identification number of the leak;

 

                  (4)The leak area, whether rural, residential, or urban;

 

                  (5)The classification of the leak;

 

                  (6)Method of how the company became aware of leak, such as through the public, an employee, or winter patrol;

 

                  (7)Type of cover over leak, such as asphalt or concrete;

 

                  (8)The pipeline facility, such as main or service;

 

                  (9)The operating pressure, whether low, intermediate, or high; and

 

                  (10) The most likely material(s) involved in any suspected Class III leaks.

 

          (f)  For those leaks repaired pursuant to Puc 509.15(d)(3), the cause of the leak shall be reported in a consistent classification as identified according to 49 CFR §191.11 and leaks classified as "other" shall be clearly explained. 

 

          (g)  The report shall include the signature, full name and title of the utility employee who supervised the preparation of the report, and date of signature.

 

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Puc 512.03  E-27-A Jurisdictional LP Gas Facilities Report

          (a)  Each LPG operator shall submit the commission’s Form E-27-A “Jurisdictional LP Gas Facilities Report” to the safety division of the commission within 30 days after notice of all newly installed, acquired, transferred or discontinued jurisdictional system.

 

          (b)  The completed form shall include the following:

 

                  (1)  Name of the LPG operator and contact person, with telephone number;

 

                  (2)  Date of installation, acquisition or transfer of facilities;

 

                  (3)  Size of tank;

 

                  (4)  Location of the facilities, including street name and number, city or town, and locus map; and

 

                  (5)  Number of meters and customers; and

 

                  (6)  Supervisor’s name and signature, with date of signature.

 

          (c)  If a LPG operator is providing LPG to a facility that such operator believes to match the criteria of a jurisdictional system, such operator shall notify the owner of the facility and the safety division of the existence of said facility.

 

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Puc 512.05  Emergency Notification

 

          (a)  The LPG operator or landfill gas operator shall notify the safety division of the commission by telephone when any of the following occur:

 

                  (1)  A release of gas from a LPG system, landfill gas system that results in:

 

                          a.  A death;

 

                          b.  Personal injury necessitating same day professional medical treatment; or

 

                                  c.  Estimated property damage of $5,000 or more;

 

                  (2)  A fire or an explosion at, or emergency shutdown of, an LPG system, landfill gas system or facility.

 

                  (3)  An evacuation of a building conducted by a fire department, LPG operator, or landfill gas operator or other emergency personnel because of the presence of gas in the atmosphere or in the immediate vicinity of the building;

 

                  (4)  An unplanned service interruption or gas outage that is expected to result in 50 or more customer outage hours;

 

                  (5)  A single unplanned outage occurring at a state, federal, or municipal facility, hospital, school or other facility in which the public could be affected;

 

                  (6)  A breach of security or other threat that jeopardizes the operation of a jurisdictional facility of aggregate capacity greater than 6,000 gallons; or

 

                  (7)  An event which is significant in the judgment of the LPG operator or landfill gas operator even though it is not described above.

 

          (b)  A LPG operator or landfill gas operator shall not be required to determine or document the presence or involvement of gas in any incident or event before notifying the commission.

 

          (c)  The telephone notification shall be made promptly, but no more than one hour following discovery of the incident by the LPG operator or landfill gas operator.

 

          (d)  The LPG operator or landfill gas operator shall provide to the commission representative who responds to the call the following information:

                  (1)  Identity of reporting LPG operator or landfill gas operator;

 

                  (2)  Name, title, and location of the person reporting the incident;

 

                  (3)  Location of the incident including street, address and city or town;

 

                  (4)  Number of known or estimated fatalities and personal injuries, if any;

 

                  (5)  Type and extent of known or estimated property damage;

 

                  (6)  Description of the incident or event including any significant facts known by the LPG operator and/or landfill gas operator that relate to the cause and resolution of the problem;

 

                  (7)  Date and hour the incident occurred and was discovered by the LPG operator or landfill gas operator and, to the extent known, by any other party;

 

                  (8)  For a service interruption, gas outage, or evacuation of a building, the estimated or known number of people and customers affected and the estimated or actual duration of the outage; and

 

                  (9)  When the Office of Pipeline Safety of the United States Department of Transportation was, or will be, notified of the incident, if applicable.

 

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Puc 512.06  Incident Reporting

 

          (a)  In addition to the emergency notification required in Puc 512.05, LPG operators and landfill gas operators shall report in writing to the commission any event occurring in connection with its facilities and services, as follows:

 

                  (1)  A LPG operator or landfill gas operator shall report to the commission within 20 business days following discovery any incident which the LPG operator and/or landfill gas operator shall be required to report to the federal Office of Pipeline Safety pursuant to 49 CFR. §191.9 on federal Department of Transportation form PHMSA F 7100.1, "Incident Report-Gas Distribution System", a copy of which shall be submitted to the commission;

 

                  (2)  Each LPG operator and landfill gas operator shall report twice annually on the status of any ongoing leaks occurring in its gas distribution systems; and

 

                  (3)  A LPG operator or landfill gas operator shall report to the commission any accident involving injury to a person or damage to property as provided in Puc 512.07 (b).

 

          (b)  A LPG operator or landfill gas operator shall file any report required pursuant to (a)(1) above in addition to any report required pursuant to (a)(2) or (a)(3) above.

 

          (c)  When additional relevant information is obtained after a report under this section is submitted, the LPG operator or landfill gas operator shall make a supplementary report to the commission conveying this information.

 

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Puc 512.07  Accidents

 

          (a)  Each LPG operator and landfill gas operator shall notify the commission of any accident, as described in Puc 512.05(a)(1), pursuant to Puc 512.04.

 

          (b)  Each LPG operator and landfill gas operator, as applicable, shall submit a written report to the commission on the commission’s Form E-5 “Utility Accident Report”, within 10 working days following the occurrence of any accident involving a release of LP gas or landfill gas from a pipeline or facility in which:

 

                  (1)  A death has occurred;

 

                  (2)  Any personal injury which requires same day professional medical treatment;

 

                  (3)  Any person receiving an injury which incapacitates that person from active work for a total of 6 days or more during the 10 days immediately following the accident; or

 

                  (4)  Any property damage over $5,000.

 

          (c)  If any event later occurs in connection with an accident which renders an accident reportable under this section or results in an additional reportable event under (b)(1)-(4) above associated with a report previously submitted, such operator shall submit a new or updated report, as appropriate.

 

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Puc 512.08  Construction and Maintenance

 

          (a)  Except as established herein or by municipal regulations within their jurisdiction which are more stringent than the state or federal requirement, each LPG operator shall construct, inspect, install, operate and maintain its systems, equipment and gas pipe lines in accordance with all applicable federal and state requirements, including but not limited to the requirements of the 49 CFR Part 192, and NFPA 58 LP-Gas Code, subject to Puc 512.01(b).

 

          (b)  Except as established herein or by applicable municipal regulations that are more stringent than the state or federal requirement, each landfill gas operator shall construct, inspect, install, operate and maintain its systems, equipment and gas pipe lines in accordance with all applicable federal and state requirements, including but not limited to the requirements of the 49 CFR Part 192.

 

          (c)  Pipelines shall be laid at least 12 inches away from any other underground structure, or, if this clearance cannot be attained, the pipeline shall be protected from damage that might result from the proximity of the other structure.

 

          (d)  For LPG operators, operating pressures within a building will be limited to the requirements in NFPA 54 National Fuel Gas Code incorporated by Puc 512.02(a).

 

          (e)  Operating and maintenance procedures shall be documented according to a plan as follows:

 

                  (1)  Each LPG operator and landfill gas operator shall establish a written operating and maintenance plan pursuant to 49 CFR §192.603 which shall include the criteria set forth in 49 CFR §192.605;

 

                  (2)  Each LPG operator and landfill gas operator shall file with the commission its plan together with any subsequent amendments to the plan;

 

                  (3)  Each LPG operator and landfill gas operator shall operate, inspect, maintain and construct its system in accordance with its plan; and

 

                  (4)  Each LPG operator and landfill gas operator shall inspect new construction.

 

          (f)  All combustible gases transported or distributed by a pipeline shall have a distinctive odor of sufficient intensity so that at a concentration in air of one-fifth of the lower explosive limit, the odor is readily perceptible to the normal or average olfactory sense of a person coming from fresh, uncontaminated air into a closed room.      

          (g)  By July 1, 2014, each LPG operator shall test for odorant levels in accordance with (f) above at least quarterly each calendar year, with intervals not exceeding 3 and a half months at the operator bulk plants that supply LPG to a LPG jurisdictional systems.  These tests shall be performed with an odorometer or equivalent device capable of determining the percentage of gas in air at which the odor becomes readily detectable by the tester in accordance with 49 CFR §192.625.  Records shall be preserved documenting each delivery from the operator bulk plant to a LPG jurisdictional system for a period of not less than 2 years.

 

          (h)  Sniff tests to determine that odorant is present shall be performed at each LPG jurisdictional system at least once annually and whenever maintenance is performed on the system.

 

          (i)  Each landfill gas operator shall test for odorant levels in accordance with (f) above at least quarterly each calendar year, with intervals not exceeding 3 and a half months at the furthest end point of the system that can be readily accessible. These tests will be performed with an odorometer or equivalent device capable of determining the percentage of gas in air at which the odor becomes readily detectable by the tester.

 

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Puc 512.14  Leakage Surveys and Inspections.

 

          (a)  For purposes of this section, "business districts" means the principle business areas in the urban portion of a community.

 

          (b)  The presence of certain factors shall indicate the presence of a business district, as follows:

 

                  (1)  The general public regularly congregates in this area for economic, industrial, religious, educational, health or recreational purposes;

 

                  (2)  The majority of the buildings on either side of the street are utilized for commercial, industrial, religious, educational, health or recreational purposes;

 

                  (3)  Gas facilities are under continuous paving that extends either from the center line of the thoroughfare to the building wall or from the storage tank to the building wall; or

 

                  (4)  Other locations or sites in the urban portion of a community which contain a similar density and/or mix of buildings and services as provided in (1) through (3) above.

 

          (c)  Each LPG operator and landfill gas operator shall conduct periodic leakage surveys in accordance with this section.

 

          (d)  Each LPG operator and landfill gas operator shall include a plan for periodic leakage surveys in its operating and maintenance plan.

 

          (e)  Each LPG operator shall conduct a leakage survey upon a change in gas supplier.

 

          (f)  Each LPG operator and landfill gas operator shall conduct periodic leakage surveys in business districts and outside business districts in intervals as required by 49 C.F.R. §192.706 or §192.723.

 

          (g)  Each LPG operator shall conduct periodic leakage surveys by:

 

                  (1)  Performing a pressure drop test according to Appendix D of NFPA 54, as adopted by Puc 512.02(a); or

 

                  (2)  Utilizing a combustible gas indicator meter or equivalent testing procedures.

 

          (h)  Each landfill gas operator shall conduct periodic leakage surveys by utilizing a combustible gas indicator meter or equivalent testing procedures.

 

          (i)  The type and scope of the leakage control program shall be determined by the nature of the operations, such as liquid petroleum distribution systems and the local conditions, but it shall meet the minimum requirements set forth in this section.

 

          (j)  Each LPG operator and landfill gas operator shall follow procedures for classification and control of flammable gas leaks approved by the safety division.

 

          (k)  When investigating a leak, if it is determined that the perimeter of a leak area extends to a building wall, the investigation shall continue into the building unless public safety or identifiable exigent circumstances prohibit entry.

 

          (l)  The LPG operator or landfill gas operator shall establish a leak repair priority based on its evaluation of the location and the magnitude of a leak.

 

          (m)  Each LPG operator and landfill gas operator shall assign a classification of leaks as follows:

 

                  (1)  Class I shall be a leak that represents an existing or probable hazard to persons or property, and requires immediate repair within 24 hours or continuous action until the conditions are no longer hazardous;

 

                  (2)  Class II shall be a leak that is recognized as being non-hazardous at the time of detection, but requires scheduled repair within 6 months or before the end of the calendar year based on probable future hazard; and

 

                  (3)  Class III shall be a leak that is non-hazardous at the time of detection and can be reasonably expected to remain non-hazardous.

 

          (n)  In making a determination as to whether to classify a leak as Class I, II or III, an LPG operator or landfill gas operator shall comply with leak classification and leakage control procedures set forth in the 1983 ASME Guide for Gas Transmission and Distribution Piping Systems, Guide Material Appendix G-11A, Tables 3a, 3b and 3c, substituting the term “class” for “grade”.

 

          (o)  Each LPG operator and landfill gas operator shall conduct a follow-up inspection as follows:

 

                  (1)  The perimeter of the leak area shall be checked with a combustible gas indicator (CGI); and

 

                  (2)  Where there is residual gas in the ground after the repair of a Class I leak, the LPG operator shall conduct a follow-up inspection as soon as practical after allowing the soil atmosphere to vent and stabilize, but in no case later than one month following the repair.

 

          (p)  In the case of leak repairs other than Class I, the need for a follow-up inspection shall be determined by qualified personnel of the LPG operator or landfill gas operator.

 

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PART Puc 203 ADJUDICATIVE PROCEEDINGS

 

Puc 203.01 Staff Participation

When participating in an adjudicative proceeding, commission staff shall be subject to the rules in this part in the same manner and to the same extent as a party.

 

Puc 203.02 Filing Requirements

          (a)  Except as provided in (b) below, for a filing to be effective in an adjudicative proceeding, a party shall:

                  (1)  File one original and 6 paper copies of all documents with the commission, and, for material submitted with a motion under Puc 203.08, file one public copy and 7 confidential copies;

 

                  (2)  File an electronic copy, as required by Puc 203.03, with the commission;

 

                  (3)  Serve pursuant to Puc 203.11 an electronic copy on each person identified on the commission’s service list for that docket;

 

                  (4)  Serve an electronic copy with the office of the consumer advocate; and

 

                  (5)  Serve a written copy pursuant to Puc 203.11 on each person identified on the commission’s service list as not able to receive electronic mail.

 

                  (6)  In adjudicative proceedings to which the office of the consumer advocate (OCA) is a party, filing parties shall also provide confidential materials to the OCA.

 

          (b)  Upon request of a person submitting a document and upon receipt of an extra copy of the document with the filing, the commission shall date stamp and return the copy as confirmation of the filing.

 

          (c)  Documents filed pursuant to this rule shall be printed double-sided on both sides of the documents’ paper sheets.

 

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Puc 203.03 Electronic Copies

          (a)  Each person filing a document shall, in addition to the paper filing required by Puc 203.02 or otherwise, electronically file each document, to the extent practicable, in an electronic file format compatible with the computer system of the commission.

 

          (b)  The commission shall maintain a list on its web site of the types of electronic file formats compatible with its computer system.

 

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Puc 203.04 Form

          (a)  Petitions, pleadings, motions and briefs shall:

                  (1)  Be typed or printed on paper 8-1/2 by 11 inches in size, double-sided;

 

                  (2)  Have no less than one inch margins on all sides;

 

                  (3)  Be page numbered sequentially, including attachments;

 

                  (4)  Be submitted in unbound form;

 

                  (5)  Be double-spaced;

 

                  (6)  Contain on the initial sheet a heading across the top thereof reading “Before the New Hampshire Public Utilities Commission”;

 

                  (7)  Identify the name of the petitioner, applicant or other party who is the subject of such proceeding; and

 

                  (8)  Identify the nature of the document.

 

          (b)  Each document shall bear the title of the proceeding and the docket number assigned the matter by the commission, to the extent known.

 

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Puc 203.05 Pleadings

          (a)  All petitions and motions shall include the following:

                  (1)  A cover page identifying the name of the utility and the subject matter of the motion or petition;

 

                  (2)  A clear and concise statement of the authorization or other relief sought;

 

                  (3)  The statutory provision or legal precedent under which the authority or other relief is sought;

 

                  (4)  The legal name of each person seeking the authorization or relief and the address or principal place of business of such person;

                  (5)  The electronic mail address of the person making the filing or a statement that the person making the filing is unable to receive electronic mail;

 

                  (6)  A concise and explicit statement of the facts upon which the commission should rely in granting authorization or relief; and

                  (7)  Such other data as the petitioner considers relevant to the request for authority or relief.

 

          (b)  The commission shall notify in writing a petitioner filing a petition when such petition is deficient in any respect and any such deficient petition shall not be deemed to have been filed until the deficiency is corrected.

 

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Puc 203.06 Petitions

          (a)  Except as noted in (c) below, a petitioner shall not be required to submit pre-filed written testimony with a petition.

 

          (b)  If a petitioner wishes to submit testimony with a petition in the interest of expediting the proceedings, the commission shall accept such testimony.

 

          (c)  All petitions seeking a rate adjustment shall be filed in compliance with Puc 1600 if applicable and shall be accompanied by pre-filed testimony and exhibits.

 

          (d)  When submitted, written testimony shall set forth:

                  (1)  The facts relied upon;

 

                  (2)  Other relevant facts; and

 

                  (3)  Policy arguments in support of the result sought.

 

          (e)  If the scope of a proceeding is expanded or issues arise which were not reasonably anticipated by the petitioner, the commission shall allow the petitioner to file supplemental direct testimony or comments on the new or unanticipated issues.

 

          (f)  If a witness' written testimony exceeds 20 pages, the testimony shall include a detailed table of contents.

 

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Puc 203.07 Motions

          (a)  A motion may be filed by any party or, in the case of a motion for rehearing, a person directly affected by a commission action pursuant to RSA 541:3.

 

          (b)  Except as provided in (c) below, any motion shall be filed in writing in the form of a pleading that contains the word "motion" in its title.

 

          (c)  The presiding officer shall permit an oral motion to be made on the record during a hearing or prehearing conference.

          (d)  A motion shall clearly and concisely state:

                  (1)  The facts and law which support the motion; and

 

                  (2)  The specific relief or ruling requested.

 

          (e)  Objections to a motion, except for motions for rehearing, shall be in writing and filed within 10 days of the date on which the motion is filed.

 

          (f)  Objections to a motion for rehearing pursuant to RSA 541:3 shall be filed within 5 days of the date on which the motion for rehearing is filed.

 

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Puc 203.08 Motions for Confidential Treatment

          (a)  The commission shall upon motion issue a protective order providing for the confidential treatment of one or more documents upon a finding that the document or documents are entitled to such treatment pursuant to RSA 91-A:5, or other applicable law based upon the information submitted pursuant to (b) below.

 

          (b)  A motion for confidential treatment submitted pursuant to this rule shall contain:

                  (1)  The documents, specific portions of documents, or a detailed description of the types of information for which confidentiality is sought;

 

                  (2)  Specific reference to the statutory or common law support for confidentiality; and

 

                  (3)  A detailed statement of the harm that would result from disclosure and any other facts relevant to the request for confidential treatment.

 

          (c)  Documents submitted to the commission or staff accompanied by a motion for confidential treatment shall not be disclosed to the public until the commission rules on the motion.

 

          (d)  In lieu of immediately filing a motion for confidential treatment, a party providing a document to the commission staff in discovery that the party wishes to remain confidential shall accompany the submission with a written statement that:

                  (1)  The party submitting such documents has a good faith basis for seeking confidential treatment of the documents pursuant to this rule; and

 

                  (2)  Such party intends to submit a motion for confidential treatment regarding such documents at or before the commencement of the hearing in such proceedings.

 

          (e)  Documents submitted to the commission or staff accompanied by a written statement pursuant to (d) shall be treated as confidential, provided that the party submitting the documents thereafter files a motion for confidential treatment at or prior to the commencement of the hearing in the proceeding.

 

          (f)  When a party provides the commission or staff with a document accompanied by a motion for confidential treatment or a statement of intent to file such a motion, the party shall furnish 7 copies of the document

 

          (g)  The commission shall mark each copy as confidential and maintain it within the commission offices in a secure location.

 

          (h)  If the commission grants a motion for confidential treatment, the confidential information shall not be subject to public disclosure and the document shall be treated according to such conditions as the commission determines are necessary to preserve such confidentiality.

 

          (i)  If the commission denies a motion for confidential treatment or modifies a previously issued protective order so that information previously held confidential is no longer entitled to such treatment, the information shall not be disclosed until all rights to request rehearing and to appeal have been exhausted or waived.

 

          (j)  When necessary to protect the confidentiality of material entitled to such treatment under this section, the commission shall include in its protective order a directive that all parties receiving the material shall also treat it as confidential.

          (k)  The granting of a motion for confidential treatment shall be subject to the ongoing authority of the commission on its own motion, or on the motion of staff, any party, or member of the public to reconsider the determination.

 

          (l)  If any information entitled to confidential treatment under this rule is thereafter released or made public by the party who sought its protection, any confidential treatment shall cease with respect to the released information but shall remain in full force and effect as to the information not so released or made public.

 

          (m)  The commission shall retain one copy of any documents entitled to confidential treatment under this rule and destroy all others within one year after all rights to appeal final orders of the commission have been exhausted.

 

 

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Puc 203.09 Discovery

          (a)  The petitioner, the staff of the commission, the office of consumer advocate and any person granted intervenor status shall have the right to conduct discovery in an adjudicative proceeding pursuant to this rule.

 

          (b)  Unless inconsistent with an applicable procedural order, any person covered by this rule shall have the right to serve upon any party, data requests, which may consist of a written interrogatory or request for production of documents.

 

          (c)  Data requests shall identify with specificity the information or materials sought.

 

          (d)  A copy of each data request, each objection to data requests and each response to data requests shall be served upon every person designated for discovery filings on the commission's official service list pursuant to Puc 203.11.

 

          (e)  Objections to data requests and responses to data requests shall not be filed or served pursuant to Puc 203.02.

 

          (f)  A response to a data request shall be made within 10 days of the date of receipt or in accordance with a procedural schedule established by the commission.

 

          (g)  Objections to data requests shall:

                  (1)  Be served in writing on the propounder of the requests within 10 days following receipt of the request unless the commission specifies a different time period in a procedural schedule order; and

                  (2)  Clearly state the grounds on which they are based.

 

          (h)  Failure to object to a data request or requests for documents within 10 days of its receipt without good cause shall be deemed a waiver of the right to object.

 

          (i)  Motions to compel responses to data requests shall:

                  (1)  Be made pursuant to Puc 203.07;

 

                  (2)  Be made within 15 business days of receiving the applicable response or objection, or the deadline for providing the response, whichever is sooner;

 

                  (3)  Specify the basis of the motion; and

 

                  (4)  Certify that the movant has made a good-faith effort to resolve the dispute informally.

          (j)  The commission shall authorize other forms of discovery, including technical sessions, depositions and any other discovery method permissible in civil judicial proceedings before a state court when such discovery is necessary to enable the parties to acquire evidence admissible in a proceeding.

 

          (k)  When a party has provided a response to a data request, and prior to the issuance of a final order in the proceeding, the party shall have a duty to reasonably and promptly amend or supplement the response if the party obtains information which the party would have been required to provide in such response had the information been available to the party at the time the party served the response.

 

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Puc 203.10 Amendments

          (a)  The commission shall permit the amendment of any document filed with the commission provided:

                  (1)  The party requesting the amendment shall give notice of the request to all persons on the service list for the proceeding; and

 

                  (2)  The commission determines that the amendment shall encourage the just resolution of the proceeding and will not cause undue delay.

 

          (b)  The commission shall not allow any amendment that has the effect of broadening the scope of the proceeding unless it provides notice to those affected and an opportunity to comment prior to final commission action.

 

          (c)  The executive director shall allow the correction of typographical errors in any document filed with the commission at any time.

 

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Puc 203.11 Service

          (a)  Except for motions for rehearing filed pursuant to RSA 541:3, service of all documents relating to any proceeding shall be made:

                  (1)  Electronically, to the email address specified on the commission’s service list for the docket; or

 

                  (2)  By personal delivery, first class mail or other expedited delivery service, to such persons identified on the commission’s service list for the docket as unable to receive electronic mail.

 

          (b)  When a party submits a filing to the commission on the last day on which such filing may be made pursuant to a commission procedural schedule order or by law, the party shall also serve such filing on all parties to the proceeding electronically or by facsimile or, prior to the expiration of such deadline, shall notify all other parties that such filing is available at the commission.

 

          (c)  Motions for rehearing filed pursuant to RSA 541:3 shall be served by hand, by facsimile or other method such to ensure that they are received by the parties by 4:30 p.m. on the same day as they are filed with the commission.

 

          (d)  If a person becomes an intervenor after a docket has been opened, the commission shall furnish a copy of all documents previously filed in that docket, if so requested, at a charge, to the requesting party, pursuant to Puc 105.01.

 

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Puc 203.12 Notice of Adjudicative Proceeding

          (a)  The commission shall give notice of a pre-hearing conference, or of a hearing in a case for which no pre-hearing conference has been scheduled, which shall contain the information required by RSA 541-A:31, III, namely:

                  (1)  A statement of the date, time, place and nature of the hearing;

 

                  (2)  A statement of the legal authority under which the hearing is to be held;

 

                  (3)  A reference to the particular statutes and rules involved, including this chapter;

 

                  (4)  A short and plain statement of the issues presented; and

 

                  (5)  A statement that each party has the right to have an attorney represent them at the party’s own expense.

 

          (b)  The commission shall direct the petitioner or other party to the docket to disseminate a notice issued pursuant to this section to the general public by causing the notice to be published in a newspaper of general circulation serving the area affected by the petition or by such other method as the commission deems appropriate and advisable in order to ensure reasonable notification to interested parties.

 

          (c)  The cost of publication required by (b) above shall be borne by the petitioner, the party being investigated or, when consistent with the public interest, by the commission itself.

 

          (d)  A petitioner required by the commission to publish notice shall file an affidavit of compliance, with a copy of the notice as published appended thereto, by a date specified in the notice.

 

 

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Puc 203.13 Postponement of Hearing

          (a)  A party requesting postponement of a hearing shall file a request with the executive director, in writing, at least 7 days prior to the date of hearing.

 

          (b)  The party requesting postponement shall make a good faith attempt to seek the concurrence of the other parties to the request.

 

          (c)  The commission shall grant a request for postponement of a hearing if it finds that to do so would promote the orderly and efficient conduct of the proceeding.

 

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Puc 203.14 Presiding Officer

          (a)  Except as provided in (b) or (c) below, the chairman of the commission shall serve as presiding officer.

 

          (b)  When the chairman is absent but one or more commissioners are present at a hearing or prehearing conference, the most senior commissioner present shall designate the presiding officer.

 

          (c)  A hearings examiner of the commission shall serve as presiding officer when authorized pursuant to RSA 363:17.

 

          (d)  The duties of a presiding officer shall include, but are not limited to:

                  (1)  Presiding over the prehearing conferences and hearings; and

 

                  (2)  Ruling on discovery disputes, confidentiality requests, and procedural matters which may arise during the course of the proceeding

 

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Puc 203.15 Prehearing Conference

          (a)  In order to facilitate proceedings and encourage informal disposition, the presiding officer shall, upon motion of any party, or upon the presiding officer’s own motion, schedule one or more prehearing conferences.

 

          (b)  The commission shall provide notice to all parties prior to holding any prehearing conference.

 

          (c)  Prehearing conferences shall include consideration of any one or more of the following:

                  (1)  Offers of settlement;

 

                  (2)  Simplification of the issues;

                  (3)  Stipulations or admissions as to issues of fact or proof, by consent of the parties;

 

                  (4)  Limitations on the number of witnesses;

 

                  (5)  Consolidation of examination of witnesses by the parties; and

 

                  (6)  Any other matters which aid in the disposition of the proceeding.

 

          (d)  Initial prehearing conferences convened at the commencement of proceedings shall also include consideration of any one or more of the following:

                  (1)  Statement of preliminary, non-binding positions and other issues of concern of the parties identified after initial review of the filing;

 

                  (2)  Consideration of any petitions for intervention and any objection filed thereto;

 

                  (3)  Changes to standard procedures desired for discovery or during the hearing, if requested by a party;

 

                  (4)  Establishment of a procedural schedule to govern the remainder of the proceeding; and

 

                  (5)  Motions for confidential treatment of matters raised in the proceeding and otherwise to facilitate discovery.

 

          (e)  The commission shall issue and serve upon all parties a prehearing order addressing the matters raised at any prehearing conference.

 

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Puc 203.16 Appearance Before the Commission

          (a)  Any person may appear before the commission:

                  (1)  In one's own behalf;

 

                  (2)  By an attorney authorized to practice in any state or the District of Columbia and in good standing;

 

                  (3)  By an employee or authorized agent; or

 

                  (4)  By any person the commission authorizes, pursuant to RSA 365:10-a, to act as a representative of the person before the commission.

 

          (b)  Any person appearing before the commission shall adhere to:

                  (1)  Puc 200; and

 

                  (2)  Any orders of the commission or agreements between the parties in the docket, including orders or agreements addressing confidentiality.

 

          (c)  The commission shall prohibit the appearance of any person described in (a) above if it finds that person to have demonstrated a disregard for commission practices and procedures or otherwise disrupted commission proceedings.

 

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Puc 203.17 Intervention

The commission shall grant one or more petitions to intervene in accordance with the standards of RSA 541-A:32.

 

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Puc 203.18 Public Comment

Persons who do not have intervenor status in a proceeding but having interest in the subject matter shall be provided with an opportunity at a hearing or prehearing conference to state their position.

 

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Puc 203.19 Consolidation of Hearings

          (a)  When more than one application or petition seeks the same or similar relief, the commission shall consolidate the cases to be heard on a common record if it determines that to do so will promote the orderly and efficient conduct of the proceeding.

 

          (b)  The executive director shall note any such consolidation in the docket record of each affected proceeding.

 

          (c)  The cost of consolidated hearings shall be borne equitably by the parties.

 

          (d)  In determining an equitable sharing of costs pursuant to (c) above, the commission shall consider:

                  (1)  A utility's number of customers; and

 

                  (2)  A utility's in-state revenue.

 

          (e)  If a party objects to consolidation, such consolidation shall not occur until after the party has had an opportunity to be heard on the issue.

 

 

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Puc 203.20 Settlement and Stipulation of Facts

          (a)  All participants in settlement conferences shall treat discussions at settlement conferences as confidential and shall not disclose the contents of such discussions to third parties or seek to introduce them into evidence.

 

          (b)  The commission shall approve a disposition of any contested case by stipulation, settlement, consent order or default, if it determines that the result is just and reasonable and serves the public interest.

 

          (c)  The parties to any proceeding before the commission shall, by stipulation in writing filed with the commission or entered in the record at the hearing, agree upon the facts or any portion thereof involved in the hearing when such facts are not in dispute among the parties.

 

          (d)  If a stipulation is filed and is not contested by any party, the stipulation shall bind the commission as to the facts in question, and the commission shall consider the stipulation as evidence in the decision of the matter.

 

          (e)  Settlements and stipulations shall be filed no less than 5 days prior to the hearing, except as provided in (f).

 

          (f)  The commission shall accept late-filed stipulations and settlements when such acceptance:

                  (1)  Promotes the orderly and efficient conduct of the proceeding; and

 

                  (2)  Will not impair the rights of any party to the proceeding

 

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Puc 203.21 Limiting Number of Witnesses or Time

The commission shall limit the number of witnesses or the time for testimony or oral argument upon a particular issue, as needed, to avoid unnecessary or cumulative evidence.

 

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Puc 203.22 Exhibits

          (a)  A party presenting evidence at a hearing shall present such evidence in exhibit form if the evidence contains tabulations and figures so numerous as to make oral presentation difficult to follow.

 

          (b)  Exhibits may contain a summary in an accompanying text or caption section.

 

          (c)  Exhibits consisting of more than one page shall be paginated sequentially.

 

          (d)  Parties filing exhibits shall:

                  (1)  Provide on the first page of each exhibit a space approximately 2-1/2 inches wide by 1-1/2 inches long in the upper right hand corner; and

 

                  (2)  Provide that each subsequent page shall have no less than one inch margins on all sides.

 

          (e)  A party presenting an exhibit at hearing with any material that has not been previously submitted to the commission shall provide a copy to the hearing clerk, each commissioner, the court reporter, if any, any witness or witnesses then testifying and each party present at the hearing. Parties may request that the commission mark previously-submitted filings in the matter being heard as an exhibit at hearing, without having to submit an additional copy of such a document at hearing.

 

          (f)  Any party offering an exhibit other than a document or photograph shall:

                  (1)  Produce the exhibit for evaluation during a hearing; and

 

                  (2)  Submit a photographic representation of the exhibit for inclusion in the record.

 

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Puc 203.23 Evidence

          (a)  The parties entitled to offer evidence at hearing in an adjudicative proceeding shall be the petitioner, the staff of the commission, the office of consumer advocate and any person granted intervenor status.

 

          (b)  All testimony of parties and witnesses, including any prefiled written testimony adopted by a witness at hearing, shall be made under oath or affirmation.

 

          (c)  Pursuant to RSA 365:9 and RSA 541-A:33, II, the rules of evidence shall not apply in proceedings before the commission.

 

          (d)  The commission shall exclude irrelevant, immaterial or unduly repetitious evidence.

 

          (e)  The commission shall give effect to the rules of privilege recognized by law.

 

          (f)  The commission shall entertain objections to evidence at hearing and note them in the record.

 

          (g)  A party shall submit documentary evidence in the form of copies or excerpts unless the commission finds that the authenticity of the submission is questioned or the copy is not legible.

 

          (h)  Excerpts of documents shall include the proper citation to the complete document.

          (i)  A response to a data request posed pursuant to Puc 203.09(a), when offered into evidence by a party other than the party that provided the response, shall be treated as an admission of the party that provided the data response.

 

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Puc 203.24 Cross Examination

          (a)  Consistent with any conditions imposed pursuant to RSA 541-A:32, III the petitioner, the staff of the commission, the office of consumer advocate and any persons granted intervenor status may conduct cross-examination of a witness in order to develop a full and true disclosure of the facts.

 

          (b)  The commission shall limit the direct or cross-examination of a witness if it determines that such limitation is necessary to avoid repetitive lines of inquiry.

 

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Puc 203.25 Burden and Standard of Proof

Unless otherwise specified by law, the party seeking relief through a petition, application, motion or complaint shall bear the burden of proving the truth of any factual proposition by a preponderance of the evidence.

 

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Puc 203.26 Order of Procedure

In hearings on petitions, the petitioner shall have the opportunity to open and close any part of the presentation.

 

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Puc 203.27 Administrative Notice

          (a)  The commission shall take administrative notice when a party presents one or more of the following:

                  (1)  Any fact which could be judicially noticed in the courts of New Hampshire;

 

                  (2)  The relevant portion of the record of other proceedings before the commission;

 

                  (3)  Generally recognized technical or scientific facts within the commission's specialized knowledge; and

 

                  (4)  Codes or standards that have been adopted by an agency of the United States, of New Hampshire or of another state, or by a nationally recognized organization or association.

 

          (b)  The commission shall notify parties either before or during the hearing or by reference in preliminary reports or otherwise of the material noticed.

 

          (c)  The commission shall afford parties an opportunity to contest the material so noticed.

 

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Puc 203.28 Views and Inspections

The commission shall take a view or conduct an inspection of any property which is the subject of a hearing before the commission if requested by a party, or on its own motion, if the commission shall have determined that the view or inspection will assist the commission in reaching a determination in the hearing.

 

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Puc 203.29 Recess and Adjournment

The commission shall recess, adjourn or continue any hearing if to do so will promote the orderly and efficient conduct of the proceeding.

 

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Puc 203.30 Reopening the Record

          (a)  The commission shall, on its own motion or at the request of a party, authorize filing of exhibits after the close of a hearing if the commission finds that late submission of additional evidence will enhance its ability to resolve the matter in dispute.

 

          (b)  Any party requesting authorization to file an exhibit after the close of a hearing shall make its request:

                  (1)  Orally before the close of the hearing; or

 

                  (2)  If the hearing has concluded, by motion, pursuant to Puc 203.06.

 

          (c)  In determining whether to admit the late filed exhibit into the record, the commission shall consider:

                  (1)  The probative value of the exhibit; and

 

                  (2)  Whether the opportunity to submit a document impeaching or rebutting the late filed exhibit without further hearing shall adequately protect the parties' right of cross examination pursuant to RSA 541-A:33, IV.

 

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Puc 203.31 Transcripts

          (a)  When the commission desires a transcript of the evidence of any hearing, to assist in its deliberation thereon, it shall order a transcript pursuant to a contract between the commission and stenographic reporter.

 

          (b)  The reporter's charge for attendance and expenses shall be paid by the petitioning utility or as otherwise directed pursuant to RSA 365:37 and RSA 365:38.

 

          (c)  The commission shall provide one copy of the transcript at no charge to the office of consumer advocate.

 

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Puc 203.32 Briefs

          (a)  Upon the request of a party or on its own motion, the commission shall allow parties to submit briefs at any point in an adjudicative proceeding if the commission determines that such briefing would assist the commission in its determination of the issues presented.

 

          (b)  The commission shall set any briefing deadline or deadlines so as to permit the parties adequate time to draft their briefs and without causing undue delay in the conclusion of the proceeding.

 

          (c)  The commission shall establish a briefing schedule that allows one or more parties to submit briefs in rebuttal or reply to the brief or briefs of one or more other parties when such a sequential schedule is necessary to assure due process, fairness or full discussion of the issues presented.

 

          (d)  The commission shall establish a page limit for briefs when it determines that such a limit would promote the efficient resolution of issues without adversely affecting the rights of any party.

 

          (e)  The commission shall encourage joint filing of briefs when there is more than one party advocating the same result and the same arguments and individual briefs would be duplicative.

 

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Puc 203.33 Rehearing

Parties requesting rehearing shall do so according to the provisions of RSA 541.

 

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Puc 203.34 Retention of Decisions

The commission shall keep a decision on file in its records for at least 5 years following the date of the final decision or the date of the decision on any appeal, unless the director of the division of records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40.

 

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Puc 204.01 Submission of Complaints

          (a)  Except as provided in (b) below, any person wishing to make a complaint to the commission about a public utility shall do so by filing such complaint in writing with the executive director.

 

          (b)  A retail customer with a complaint against a public utility that concerns the customer’s service or payment for such service shall submit the complaint to the commission pursuant to Puc 1200.

          (c)  The provisions of Puc 203 shall not apply to complaints filed pursuant to this rule unless the commission institutes adjudicative proceedings pursuant to Puc 204.05.

 

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Puc 204.02 Forwarding Complaints to Utilities

(a)  Upon receipt of a complaint pursuant to Puc 204.01, the executive director shall cause a copy of the complaint to be forwarded to the utility named in the complaint.

 

(b)  The utility shall provide a written response to the complaint no later than 10 days from the date the complaint is received by the utility.

 

          (c)  The response required by (b) above shall include a description of all steps taken by the utility to resolve the complaint and shall be furnished to the complainant as well as the commission.

 

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Puc 204.03 Review of Complaints by Utilities

          (a)  A utility shall consider all complaints forwarded to it pursuant to Puc 204.02 and thereafter shall:

                  (1)  Make any reparations and cease committing any violations as required by RSA 365:3; or

 

                  (2)  Advise the commission and the complainant that it disputes the complaint.

 

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Puc 204.04 Investigation

          (a)  When a utility has reviewed and responded to a complaint pursuant to Puc 204.02 and Puc 204.03, a complainant not satisfied with the utility’s response shall so advise the commission.

 

          (b)  If it appears to the commission that there may be a basis for the complainant’s dispute, the commission shall conduct an independent investigation pursuant to RSA 365:4.

 

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Puc 204.05 Adjudicative Proceedings

The commission shall commence adjudicative proceedings to resolve a complaint against a utility when it determines after an investigation conducted pursuant to Puc 204.04:

          (a)  That a complaint may warrant further action against a utility; or

 

          (b)  A customer has exhausted all remedies available under Puc 1200 and requests a hearing.

 

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Puc 204.06. Investigations Initiated by the Commission

Nothing in this part shall limit the commission’s authority to investigate or make inquiry of a public utility pursuant to RSA 365:5.

 

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CHAPTER Puc 800 UNDERGROUND UTILITY DAMAGE PREVENTION PROGRAM

 

Puc 804.01 Reporting Requirements for Operators of Underground Facilities

          (a)  Each operator shall file monthly, including any month in which there are no violations to report, with the commission, on or before the 15th day of the following month, written reports of probable violations of Puc 800, damage to underground facilities, or both.

 

          (b)  Each operator shall file reports required by (a) above on Form E-26.

 

          (c)  Each operator shall include the following in Form E-26:

                  (1)  The date the incident was reported;

 

                  (2)  The date the incident occurred;

 

                  (3)  The name and address of the person reporting;

 

                  (4)  The reporter's name and phone number;

 

                  (5)  The location of the damage, violation, or both;

 

                  (6)  A description of the property damaged, if any;

 

                  (7)  A description of the facility, including:

                          a.  Details of the facility such as the type, size, material, pressure, voltage, or both; and

 

                          b.  Type of facility by ownership, such as, customer-owned, municipal-owned or utility-owned.

 

                  (8)  A description of damage to the facility, if any;

 

                  (9)  Cost estimate of damage, if any, and whether the excavator has been billed;

 

                  (10)  A description of personal injuries, if any;

 

                  (11)  The excavator’s name, address, and phone number;

 

                  (12)  The excavator’s employer, if applicable;

 

                  (13)  A description of the incident;

 

                  (14)  The type of marking used at the location, if any;

 

                  (15)  Details fully describing whether:

                          a.  The situation was an emergency;

 

                          b.  The notification procedure was or was not followed as prescribed;

 

                          c.  The notification was completed and, if so, provide the registration number and date of notification;

 

                          d.  The notification was completed and the location was not premarked;

 

                          e.  The notification was completed and the location was not marked;

 

                          f.  The notification was completed but markings were not maintained;

 

                          g.  The notification was completed, the location was marked, but markings were incorrect;

 

                          h.  The notification was completed and the location was marked but damage occurred; and

 

                          i.  The notification procedures were not followed and damaged occurred.

 

          (d)  If there are no reportable incidents during a month the operator shall file a one page notification report using Form E-26, on or before the 15th day of the following month, identifying the owner or operator and stating that no reportable incident of damage or a violation occurred during the month.

 

          (e)  The operator shall send the reporting form required by this section to the New Hampshire public utilities commission, safety division, at its mailing address as provided on the E-26 form or electronically as specified on the commission’s web site.

 

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Puc 804.03 Training of Locators

          (a)  Locators shall be trained in accordance with National Utility Locating Contractors Association (NULCA) standards as adopted on December 21, 2001, including the competencies as described in (b) below.

 

          (b)  To meet the requirements of (a), training programs for locators shall include, at a minimum, the following competencies:

                          (1)  Electromagnetic locating;

 

                          (2)  Instruction in the use of transmitters and receivers;

 

                          (3)  Procedures for marking underground facilities;

 

                          (4)  Training in the identification of facilities;

 

                          (5)  Safety procedures;

 

                          (6)  Operator map and record reading; and

 

                          (7)  Familiarity with the rules in this chapter.

 

 

 

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Puc 807.01 Investigation of Complaints

          (a)  The notification center shall institute procedures to receive and resolve complaints of excavators, operators, owners or operators of underground facilities, members, and the general public.

 

          (b)  Owners and operators of underground facilities shall institute procedures to receive and resolve complaints of excavators and the general public.

 

          (c)  The commission staff shall consider and decide unresolved complaints pursuant to the procedures established in Puc 200.

 

          (d)  An unresolved dispute relating to Puc 800 which is appealed in writing to the commission shall be handled as follows:

                  (1)  The matter shall be treated as a request for an adjudicatory proceeding; and

 

                  (2)  The parties to the dispute shall have a right of appeal by petition to the New Hampshire Supreme Court pursuant to RSA 541:6.

 

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Puc 807.02 Notice of Probable Violation

          (a)  In the event the commission staff determines that a probable violation of RSA 374:48-56, Puc 800, or both, has occurred, staff shall issue a written notice of probable violation (NOPV) to the party alleged to have committed the violation.

 

          (b)  The commission staff shall send information regarding the NOPV by certified mail to the party regarded as in violation.

 

          (c)  The NOPV shall include the following:

                  (1)  A description of the probable violation and reference to the rule or statute regarded as violated;

 

                  (2)  The date and location of the probable violation;

 

                  (3)  A statement notifying the party or parties involved that civil penalties might be imposed pursuant to RSA 374:48-56, in the event of unfavorable judgment;

 

                  (4)  Statutory rights of the respondent as enumerated in RSA 374:48-56; and

 

                  (5)  Procedures for resolving the complaint.

 

          (d)  Any owner or operator of an underground facility involved in the NOPV shall provide a representative for any informal conference or hearing scheduled pursuant to Puc 800.

 

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Puc 807.03 Alternative Responses to Notice of Probable Violation

          (a)  Upon receipt of the NOPV the respondent shall either:

 

                  (1)  Submit to the commission within 30 days, in writing, evidence refuting the probable violation referenced in the NOPV;

 

                  (2)  Request in writing within 30 days, an informal conference with commission staff to examine the basis of the probable violation; or

 

                  (3)  Execute a consent agreement with the commission resolving the probable violation.

 

          (b)  If the respondent requests an informal conference pursuant to (a)(2) above, the commission staff shall set a date and time for the informal conference.

 

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Puc 807.04 Notice of Violation

          (a)  If the commission or commission staff involved in the damage prevention program, after reviewing evidence and testimony obtained in writing or conferences, determines that a violation of RSA 374:48-56, Puc 800, or both, has occurred, the commission or commission staff involved in the damage prevention program shall issue a notice of violation (NOV) to the respondent pursuant to RSA 374:55, VII.

 

          (b)  The NOV so issued shall include:

 

                  (1)  The factual and statutory basis for the unfavorable preliminary determination;

 

                  (2)  A description of factors relied upon by commission staff in making its determination, such as the gravity of the violation, history of prior violations, degree of culpability of the respondent, how quickly the respondent took action to rectify the situation, cooperativeness of respondent, and any other factors which would tend to either aggravate or mitigate the violation;

 

                  (3)  The civil penalty, if any, proposed to be imposed;

 

                  (4)  Procedures for remitting penalty; and

 

                  (5)  Statutory rights of the respondent as enumerated in RSA 374:48-56.

 

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Puc 807.05 Response to Notice of Violation

          (a)  Within 10 days from receipt of the NOV, the respondent shall either:

 

                  (1)  Sign a consent agreement and remit the civil penalty; or

 

                  (2)  File a request in writing for a hearing before the commission.

 

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Puc 807.06 Commission Action

          (a)  The commission shall act upon staff’s recommendation unless the respondent requests a hearing pursuant to Puc 807.05(a)(2). Upon such hearing request, the commission shall provide the respondent with notice and an opportunity for a hearing, held pursuant to Puc 200. At the hearing, the respondent may show by a preponderance of the evidence why the commission or designated commission staff determination should be changed.

 

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Puc 807.07 Civil Penalties

          (a)  If the commission or designated commission staff within the division of safety finds reason to issue an NOV, the commission or designated commission staff shall propose to assess a civil penalty pursuant to RSA 374:55.

 

          (b)  In determining the assessment, the following factors shall be considered:

                  (1)  The severity of the consequences resulting from the violation such that the more severe the consequences, the higher the civil penalty, the gravity of the violation, degree of culpability of the respondent, cooperativeness of respondent, history of prior violations, and other factors which would tend to aggravate fault; and

 

                  (2)  Mitigating circumstances, such as how quickly the excavator took action to rectify the situation, how much control the excavator had over the situation, and other circumstance which would tend to lessen fault.

 

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Settlement Agreement DG 11-040 April 9, 2012 Attachment J

Gas Safety Requirements and Conditions

 

Item (2) Designation of Critical Valves for Gas Pipelines

Notifications. Reports, Maps

A Critical Valve Assessment and Emergency Closure Plan (“Critical Valve

Plan”) shall be submitted to the Safety Division by January 31st of each year.

Included within the Critical Valve Plan shall be a Sectionalizing Plan, which

shall be designed pursuant to the criteria set forth below, listing all Critical

Valves, as defined below, as well as a calculation of the number of customers

affected by any emergency shut-offs, which calculation shall be based on

assumed man hours available and restoration time per customer. Upon receipt

of EnergyNorth’s Critical Valve Plan, the Safety Division shall review the

plan and may provide comments regarding such modifications as the staff

deems necessary, including changes in the selection and prioritization of the

valve locations to ensure the rapid closure in an emergency of any

sectionalizing valve designated a Critical Valve or other valve designated a

Critical Valve. EnergyNorth shall notify the Safety Division 60 days prior to

any planned material change in designation of Critical Valves. For the purposes of this paragraph, a material change shall be defined as a change that

results in an annual decrease of more than 5% in the overall number of

Critical Valves.

 

A readable series of system maps (an electronic version plus a single hard

copy) indicating all designated Critical Valves and outlines of isolation areas

with the number of customers affected shall also be provided to the Safety

Division by January 31stof each year. Such maps shall include the depiction

of town lines, river crossings, highway crossings, railroad crossing, elevated

pressure lines, take stations, district regulator stations, LNG plants,

Propane/Air Plants and any other feature the Safety Division deems necessary.

Any additional features shall be identified by the Safety Division by

November 30th of the prior year.

 

A Critical Valve is defined as a valve selected and designated based on the

following criteria. EnergyNorth shall use this criteria when selecting and

designating Critical Valves in its transmission or distribution systems.


 

Critical Valves at Stations/Plants

 

            (a) The first immediate inlet valve(s) of regulator stations shall be designated

a Critical Valve. The Critical Valve will be located upstream of the regulator

station and not contained within the regulator station building or vault itself.

 

            (b) The first immediate outlet valve(s) of any Take (Gate) Station that is

located outside of the secured or fenced area shall be designated a Critical

Valve.

 

            (c) A valve on each send-out pipeline from each LNG and Propane/Air Plant

shall be designated a Critical Valve.

 

Critical Valves by Pressure Considerations

 

            (d) All valves on gas pipelines operating at greater than 60 psig shall be

designated Critical Valves.

 

Critical Valves at Road, Water, and Rail Crossings

 

            (e) Highway Crossings: Each side of a State or Federal designated highway

shall have a designated Critical Valve. This would include all direct buried

pipelines, directionally bored pipelines or any other similar method using a

type of trenchless technology. Any above ground highway pipeline crossing (bridge) shall have Critical Valves on each side of the bridge within the

immediate vicinity of the bridge.

 

            (f) Water Crossings: Each side of a pipeline that crosses a public water body,

including any pond, lake, tidal water, river or stream designated in the Official

List of Public Waters compiled and published by New Hampshire Department

of Environmental Services (DES), shall have a designated Critical Valve. The

Official List of Public Waters is currently located on the DES website at

http://des.nh.gov/organization/commissioner/pip/publications/wd/documents/o

lpw.pdf.

 

            (g) Rail Crossings: Each side of an active railroad crossing regardless of

frequency of use of the railroad shall have a designated Critical Valve.


 

Critical Valves used to Sectionalize System

In addition to those Critical Valves designated based on (a)-(g) listed above, EnergyNorth shall design its Sectionalizing Plan based on the following criteria:

 

            (h) On the portions of EnergyNorth’s distribution system that is high pressure

(greater than a 13.5 inches water column), Critical Valves shall be designed so as to limit isolation zones pursuant to the applicable criteria listed below, based on the smallest number of customers affected in each instance:

 

                        1. No more than 2% of EnergyNorth’s customer base shall be without gas at

any one time unless Curtailment Plans, as defined in Condition17, are

implemented;

 

                        2. A maximum of 1,250 gas customers may be isolated at any one time,

regardless of location;

 

                        3. Of towns which have greater than 100 gas customers but less than 1,250

gas customers, no more than 25% of the customer base within the town

borders can be interrupted at any one time;

 

                        4. Of towns where the population of gas customers is greater than 1,250,

each isolation area shall be less than 25% of the customer base.

 

            (i) Sections shall be sized so that any isolation area will be designed to be interrupted for no greater than 12 hours and total restoration, including relighting, is designed to be accomplished within the same 12 hours. All assumptions of mutual aid must be specified, and any other technical relighting resources relied upon to design the isolation area size shall be

documented in the Sectionalizing Plan.

 

            (j) Special sectionalizing shall not be limited by the above with respect to the

distribution system within the Manchester Boston Regional Airport, in order to minimize the likelihood of interruption for the operations of the Airport and to minimize the effects on the public transportation system in the Airport area.

 

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Item (3) Maintenance of Critical Valves

Each Critical Valve installed on a main shall be maintained to be readily

accessible and identifiable in the field by tagging or other means to facilitate its

operation in an emergency. EnergyNorth must take prompt remedial action (not

to exceed 60 days) upon discovery of an inoperable Critical Valve to correct the

valve, unless EnergyNorth designates an alternative valve that can be documented

as fully functioning and that meets the criteria listed in Condition 2 above. The

Safety Division shall be notified in writing within 30calendar days of the

discovery of an inoperable Critical Valve, which notice must include the location

of the inoperable Critical Valve. This maintenance program shall be in place on

or before January 31, 2013.

 

Each Critical Valve installed on a main shall be in an accessible location and its

Global Positioning System (GPS) coordinates and/or triangulation ties shall be

marked and maintained on a pipeline system drawing or other suitable media.

The GPS collection system shall meet the requirements of Condition 4 (b) below.

Current maps should be easily accessible to operating personnel.

 

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Item (4) Record of Facility Locations and Transition to Global Positioning System (GPS) Integration

            (a) Upon Commission approval of the Liberty Energy Utilities (New Hampshire) Corp., as assignee of Liberty Energy Utilities Co., acquisition of EnergyNorth in Docket No. DG 11-040, EnergyNorth will initiate and complete a plan (with submittal by January 31, 2013 to the Safety Division for comments and review) for incorporating and implementing the GPS information into the Graphical Information System (“GIS”) maintained by EnergyNorth (“GPS Plan”). The GPS Plan will include project management details sufficient to establish base schedules, project milestones, budget expenditures and details of technology selected and integration with systems that will be in place after the expiration of Transition Service Agreement services applicable to and involving facility records. Elements of the plan shall address:

 

1. Collection of data types including but not limited to locations involving mains; services; other gas facilities; intersections of mains with service lines; any point

 of directional change; exposed or new crossings of other utility, municipal, or other underground facilities and system infrastructure. GPS locations shall be

recorded at any vertical offsets in elevation of a pipeline including any

appurtenances that may extend from a pipeline including valve stems, tapping

tees, service stubs and blowoffs. GPS data collection shall be at intervals

along a pipeline sufficient to achieve geospatial accuracy.

                        2. Description of the methods by which GPS data will be collected and

incorporated into and available for design, planning, integrity management

review and field operations, including field repairs, locating/mark-outs and

emergency response.

 

                        3. Description of the methods in which photo documentation or other visual

imaging methods will be linked to facility records.

 

            (b) EnergyNorth shall implement a GPS collection system by July 01, 2013. Immediately upon implementation of the system, data shall be collected regarding the location of all Critical Valves; newly installed underground facilities, newly relocated underground facilities (including insertions); and any exposed underground facilities.

 

            (c) All GPS data collected pursuant to 4(b) above shall be integrated with GIS no later than January 31, 2014.

 

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Item (5) Load Curtailment Plan

EnergyNorth agrees to maintain and update annually a curtailment plan consistent

with the previous plan developed pursuant to Commission Order No. 24,531, and

to file the plan annually with the Safety Division by January 31 of each year.

 

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Item (6) Internet/Intranet Access of Operations Manuals and Procedures

EnergyNorth shall maintain its current practice of allowing Safety Division

personnel electronic access to EnergyNorth internet/intranet networks for

purposes of reviewing Operations and Maintenance Manuals, Emergency Plans,

Operator Qualification Programs and other gas safety related procedures

maintained by EnergyNorth. Safety Division access may be accomplished

through virtual private network password protection entry or equivalent.

 

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Item (7) Adherence to written company procedures

EnergyNorth shall follow all written company policies, guidelines, construction

specifications, technical instructions, training manuals, construction standards,

procedure manuals, operation and maintenance plans, integrity management plans, distribution integrity management plans, quality assurance plans, drug and

alcohol plans, and any other written document that is equivalent in nature to those

listed, that relate to the integrity of any distribution or transmission pipeline

facility, LNG production or vaporization facility, LPG/Air production facility or

LPG Bulk Tank Storage facility.

 

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Item (8) Operator Qualification (OQ) Compliance Plan

EnergyNorth shall submit an OQ Plan to the Safety Division by January 31, 2013.

The OQ plan shall list all covered tasks and include specific abnormal operating

conditions for each task, as defined in the Minimum Federal Gas Pipeline Safety

Standards, Subpart N – Qualification of Pipeline Personnel(49 C.F.R. Part 192,

Subpart N). EnergyNorth shall maintain records of OQ compliance including a

master matrix or an equivalent that shows the qualifications for completing each

procedure of the operation and maintenance manual or other relevant company

procedures of Condition 7 that may be applicable.

 

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Item (9) Outside Contractor Activities

A Quality Assurance Plan (“QA Plan”)shall be written and followed. As part of the QA Plan, EnergyNorth shall maintain a practice of inspecting and monitoring the installation of pipeline facilities by outside contractors to ascertain that each facility is installed in accordance with applicable construction standards and the Company’s operations and maintenance manual. To observe contractor activities, EnergyNorth shall utilize a combination of in-house supervisors, inspectors trained with Quality Assurance/Quality Control techniques, as identified in the

QA Plan. Under most conditions, EnergyNorth shall maintain a span of control of no more than four crews per company representative. For situations where this condition cannot be met, EnergyNorth shall provide an equivalent level of quality assurance as addressed in the QA Plan and notify the Safety Division within the same working day of the variance. The initial QA Plan shall be submitted to the Safety Division within 120 days of consummation of the stock transfer transaction whereby Liberty Energy Utilities (New Hampshire) Corp., as assignee of Liberty

Energy Utilities Co., acquires all of the issued and outstanding common stock of EnergyNorth (the “Stock Transfer Transaction”). The QA Plan shall be reviewed annually thereafter and submitted to the Safety Division within ten days of completion of each review.

 

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Item (10) Marking of Underground Facilities

EnergyNorth shall continue to use only in-house personnel for the locating and

marking of underground facilities for a period of no less than four years from the

consummation of the Stock Transfer Transaction. If at any time after the initial

four years after the Stock Transfer Transaction, EnergyNorth plans to use outside

contractors for this activity, it agrees to notify the Safety Division at least six

months before implementing a change and to hold a technical conference with

Staff. To the extent Staff has any concerns about a proposed change in practice

after the technical conference, Staff can request that the Commission to open a

docket before EnergyNorth implements the change, in order to address the Staff’s

concerns. In any such proceeding, EnergyNorth would have the burden of

showing that any changes would not result in a degradation to service quality,

safety, or reliability.

 

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Item (11) Ownership of System

Unless it obtains the consent of the Commission, EnergyNorth will continue to own, operate, and maintain the distribution system upstream of the customer piping connection at the meter outlet. All meters shall be located at the customer’s structure unless impractical. All new meter installation locations shall be located outside of the structure unless impractical.

 

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Item (12) Cast Iron Encroachment Policy

Within 60 days of the Closing Date, EnergyNorth will submit a Cast Iron Encroachment policy for Safety Division review. Any change from the existing National Grid PBWK5010 policy dated July 2004 must be identified and the consent of the Safety Division must be obtained for any incremental changes reflected in the new policy. EnergyNorth shall follow the Cast Iron

Encroachment Policy unless consent of the Commission is obtained. All replacements made as a result of the Cast Iron Encroachment Policy are not eligible for accelerated rate recovery as part of the Cast Iron/Bare Steel Program listed in Condition 20 below.

 

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Item (13) Aldyl A Plastic Pipe

EnergyNorth’s current practice regarding replacement of Aldyl A pipe is to monitor performance issues associated with Aldyl A and submit a report to the Safety Division by March 15thof each year describing Aldyl A replacement pipe quantities and activities (“Aldyl A Report”). After the Closing Date, the Aldyl A Report shall identify the reasons for replacement, note any failures that incurred during the calendar year, and identify the most probable cause of any Aldyl A

failure. Any additional remedial actions taken should be included in the Aldyl A Report. Other replacement activity not due to failures shall also be reported. EnergyNorth shall report all plastic failures to the Plastic Pipe Database Committee (PPDC) and to the Safety Division. All previous submittals to the PPDC regarding Aldyl A or any other plastic material failures that occurred in New Hampshire shall be resubmitted to the Safety Division. EnergyNorth shall

submit as part of its Aldyl A Report an excel spreadsheet documenting all known or suspected Aldyl A mains and services. EnergyNorth shall identify each main or service by street address, town and diameter. EnergyNorth shall also provide the amount of feet and age of Aldyl A remaining in the system with subtotals provided by town.

 

 

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Item (14) Contact Information

Each month EnergyNorth shall provide the Safety Division an updated list of names and contact information of company personnel designated to have responsibility for gas safety related issues and for the management and resolution of gas safety complaints referred by the Staff. An organizational chart shall be submitted quarterly indicating names/responsibilities for both management and union personnel that are involved with design, operations, construction,

maintenance, corrosion control, service, training, gas control, dispatch of field personnel and production of gas. Crew reporting shall be submitted daily prior to 8:30 a.m. to the Safety Division for all field personnel, including supervisory and outside contractors, working that day.