reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 52.00 - Uniform System Of Accounts For Water Companies Contents › PROFIT AND LOSS › OPERATING EXPENSES › Transmission and Distribution Expenses › Section 52.608 - Miscellaneous Transmission and Distribution Supplies and Expenses

Current through Register 1525, July 5, 2024
This account shall include the cost of such tools as are
			   not a proper charge to plant and equipment, used by street department
			   employees; office supplies of such department, and other miscellaneous
			   distribution operations, maps and records, supplies and expenses not elsewhere
			   provided for.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 52.00 - Uniform System Of Accounts For Water Companies Contents › PROFIT AND LOSS › OPERATING EXPENSES › Transmission and Distribution Expenses › Section 52.609 - Maintenance of Transmission and Distribution System › Subsection 52.609-1 - Maintenance of Transmission and Distribution Buildings and Fixtures

Current through Register 1525, July 5, 2024
This account shall include the cost of maintaining
				transmission and distribution buildings and fixtures.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 52.00 - Uniform System Of Accounts For Water Companies Contents › PROFIT AND LOSS › OPERATING EXPENSES › Transmission and Distribution Expenses › Section 52.609 - Maintenance of Transmission and Distribution System › Subsection 52.609-2 - Maintenance of Transmission and Distribution Mains

Current through Register 1525, July 5, 2024
This account shall include the cost of labor, material
				and supplies consumed, and other expenses incident to repairing transmission
				and distribution mains. This includes such items as seeking and repairing
				leaks, removing and repairing worn sections and fittings, calking, digging and
				repaving in connection with such work, repairing manholes, thawing pipes, and
				scraping to remove incrustations.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 52.00 - Uniform System Of Accounts For Water Companies Contents › PROFIT AND LOSS › OPERATING EXPENSES › Transmission and Distribution Expenses › Section 52.609 - Maintenance of Transmission and Distribution System › Subsection 52.609-3 - Maintenance of Storage Reservoirs, Tanks and Standpipes

Current through Register 1525, July 5, 2024
This account shall include the cost of repairing and
				maintaining distribution storage reservoirs, tanks and standpipes, including
				repairs to masonry, painting, calking, replacing decayed parts, hoops, etc.
				Include also repairs to appurtenant equipment, such as inlet, outlet, flush,
				drain, and overflow pipes; gate, check and other control valves; gauges,
				floats, high water alarms, and other apparatus used in connection with
				distribution reservoirs, tanks and standpipes.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 52.00 - Uniform System Of Accounts For Water Companies Contents › PROFIT AND LOSS › OPERATING EXPENSES › Transmission and Distribution Expenses › Section 52.609 - Maintenance of Transmission and Distribution System › Subsection 52.609-4 - Maintenance of Services

Current through Register 1525, July 5, 2024
This account shall include the cost of labor, material
				and supplies, and other expenses incident to repairing water services. This
				includes such items as seeking and repairing leaks, removing and replacing worn
				out pipes and fittings, including stop cocks and services boxes, digging and
				repaving in connection with such work, cleaning pipes, thawing pipes, and other
				expense of a similar nature.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 52.00 - Uniform System Of Accounts For Water Companies Contents › PROFIT AND LOSS › OPERATING EXPENSES › Transmission and Distribution Expenses › Section 52.609 - Maintenance of Transmission and Distribution System › Subsection 52.609-5 - Maintenance of Meters

Current through Register 1525, July 5, 2024
This account shall include the cost of repairing and
				testing meters used to measure water sold to consumers. This will include
				readjusting, painting, replacing worn gears, wearing parts, dials, meter
				fittings, unions, etc. This account should also include the cost of labor and
				material to repair meter boxes or vaults, and other expense incident
				thereto.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 52.00 - Uniform System Of Accounts For Water Companies Contents › PROFIT AND LOSS › OPERATING EXPENSES › Transmission and Distribution Expenses › Section 52.609 - Maintenance of Transmission and Distribution System › Subsection 52.609-6 - Maintenance of Hydrants

Current through Register 1525, July 5, 2024
This account shall include the cost of labor and
				material, and other expense incurred in repairing hydrants. This includes
				renewal of worn out parts, painting, calking, digging and repaving in
				connection with repairs.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 52.00 - Uniform System Of Accounts For Water Companies Contents › PROFIT AND LOSS › OPERATING EXPENSES › Transmission and Distribution Expenses › Section 52.609 - Maintenance of Transmission and Distribution System › Subsection 52.609-7 - Maintenance of Fountains and Troughs

Current through Register 1525, July 5, 2024
This account shall include the cost of labor and
				material and other expense incurred in making repairs to fountains and troughs.
				This includes renewal of worn out pipe, valves, painting, digging and repaving
				in connection with such repairs.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 52.00 - Uniform System Of Accounts For Water Companies Contents › PROFIT AND LOSS › OPERATING EXPENSES › General and Miscellaneous Expenses › Section 52.610 - General and Miscellaneous Expenses › Subsection 52.610-1 - Salaries of General Officers and Clerks

Current through Register 1525, July 5, 2024
This account shall include the salaries of the general
				officers of the company whose jurisdiction extends over the entire water
				utility; also fees of directors, fees of receivers, and payments to engineering
				corporations for supervising and managing operations of the company, also the
				salaries of the general office clerks and meter readers.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 52.00 - Uniform System Of Accounts For Water Companies Contents › PROFIT AND LOSS › OPERATING EXPENSES › General and Miscellaneous Expenses › Section 52.610 - General and Miscellaneous Expenses › Subsection 52.610-2 - General Office Supplies and Expenses

Current through Register 1525, July 5, 2024
This account shall include the cost of office supplies,
				rent, stationery, books, blanks and other records for use in the general
				office; also the cost of postage, repairs to general office furniture, wages of
				janitors, porters and messengers; meals, telegrams, telephone and other general
				office expense.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 52.00 - Uniform System Of Accounts For Water Companies Contents › PROFIT AND LOSS › OPERATING EXPENSES › General and Miscellaneous Expenses › Section 52.610 - General and Miscellaneous Expenses › Subsection 52.610-3 - Law Expense - General

Current through Register 1525, July 5, 2024
This account shall include all law expenses, including
				fees and retainers for attorneys not regular
				employees.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 52.00 - Uniform System Of Accounts For Water Companies Contents › PROFIT AND LOSS › OPERATING EXPENSES › General and Miscellaneous Expenses › Section 52.610 - General and Miscellaneous Expenses › Subsection 52.610-4 - Insurance

Current through Register 1525, July 5, 2024
This account shall include the cost of insurance,
				including premiums paid for fire, boiler, fidelity, casualty, burglar,
				workmen's compensation, public liability or other forms of insurance. During
				each month or other accounting period this account shall be charged with that
				portion of the premiums on insurance in force which is chargeable to that
				period.
Utilities carrying a part or all of their own insurance
				may open an insurance reserve, in which event the monthly or periodic charges
				to Insurance account will be credited to Insurance and Casualty
				Reserves.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 52.00 - Uniform System Of Accounts For Water Companies Contents › PROFIT AND LOSS › OPERATING EXPENSES › General and Miscellaneous Expenses › Section 52.610 - General and Miscellaneous Expenses › Subsection 52.610-5 - Accidents and Damages

Current through Register 1525, July 5, 2024
This account shall include all expenses on account of
				persons killed or injured, and property damaged in connection with operation of
				the utility. This account shall also include all law expenses in connection
				with the defense or settlement of damage claims including salaries, fees and
				expenses of attorneys engaged in such work; court fees and costs, expense of
				taking depositions, witness fees and the cost of printing briefs, court records
				and similar papers.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 52.00 - Uniform System Of Accounts For Water Companies Contents › PROFIT AND LOSS › OPERATING EXPENSES › General and Miscellaneous Expenses › Section 52.610 - General and Miscellaneous Expenses › Subsection 52.610-6 - Store Expenses

Current through Register 1525, July 5, 2024
This account shall include all salaries and expenses in
				connection with storerooms, including cost of sending materials and supplies
				from general storerooms to branch storerooms, and the collection of scrap
				material.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 52.00 - Uniform System Of Accounts For Water Companies Contents › PROFIT AND LOSS › OPERATING EXPENSES › General and Miscellaneous Expenses › Section 52.610 - General and Miscellaneous Expenses › Subsection 52.610-7 - Transportation Expenses

Current through Register 1525, July 5, 2024
This account shall include the wages of drivers,
				chauffeurs, stablemen, garagemen and other employees in garages and stables;
				cost of food, keep and shoeing of horses; veterinary and other stable expenses,
				fuel, gasoline and all other materials and supplies for garages and
				stables.
This account shall include the stable expenses of all
				horses regardless of where they are used. Amounts received from sale of manure
				shall be credited to this account.
This account may also include the delayed freight or
				express charges, or charges of a trivial nature covering the cost of
				transportation on materials and supplies which cannot readily be charged to
				individual items.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 52.00 - Uniform System Of Accounts For Water Companies Contents › PROFIT AND LOSS › OPERATING EXPENSES › General and Miscellaneous Expenses › Section 52.610 - General and Miscellaneous Expenses › Subsection 52.610-8 - Inventory Adjustments

Current through Register 1525, July 5, 2024
At least once a year an inventory of materials and
				supplies should be taken, and the difference in respect to any particular class
				of materials and supplies between the ledger and inventory balances should be
				debited or credited to this account in case it cannot be assigned to a specific
				account.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 52.00 - Uniform System Of Accounts For Water Companies Contents › PROFIT AND LOSS › OPERATING EXPENSES › General and Miscellaneous Expenses › Section 52.610 - General and Miscellaneous Expenses › Subsection 52.610-9 - Maintenance of General Structures

Current through Register 1525, July 5, 2024
This account shall include the cost of all labor and
				materials expended in the repairs and maintenance of general office buildings
				or other structures used for general purposes. This covers maintenance of
				walks, driveways and grounds connected therewith, and all incidental expenses
				connected with the maintenance of such buildings and structures. This account
				includes such buildings as general office buildings, general shops, general
				storehouses, general stables, garages, etc.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 52.00 - Uniform System Of Accounts For Water Companies Contents › PROFIT AND LOSS › OPERATING EXPENSES › General and Miscellaneous Expenses › Section 52.610 - General and Miscellaneous Expenses › Subsection 52.610-10 - Depreciation

Current through Register 1525, July 5, 2024
This account shall include monthly or periodic charges
				of the amount estimated to be necessary to provide for the retirement of
				property no longer used or useful in the conduct of the company's business, and
				for losses in value due to wear and tear not covered by current repairs.
The amount charged to this account shall be
				concurrently credited to balance sheet account No. 319, "Depreciation
				Reserve."
Until otherwise ordered, the amount estimated to cover
				the cost of property no longer used or useful in the conduct of the company's
				business, or for losses in value due to wear and tear, shall be determined by
				the accounting utility, based upon its best knowledge and experience in
				operation. A detailed statement of the basis used in determining the amount of
				such charge will be called for in the annual report to the
				Department.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 52.00 - Uniform System Of Accounts For Water Companies Contents › PROFIT AND LOSS › OPERATING EXPENSES › General and Miscellaneous Expenses › Section 52.610 - General and Miscellaneous Expenses › Subsection 52.610-11 - Miscellaneous General Expenses

Current through Register 1525, July 5, 2024
This account shall include the cost of publishing and
				distributing annual reports to stockholders, advertising notices of
				stockholders' meetings, dividend notices and other corporate and financial
				notices of a general character, association dues, contributions for conventions
				and meetings of the industry, cost of experimental work conducted for the
				benefit of the industry or the improvement of service, traveling and incidental
				expenses of general officers and other general office employees, fees of
				transfer agents, registrars of stock and fiscal agents, and other miscellaneous
				expenses connected with the general management not otherwise provided
				for.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 69.00 - Procedures for the Determination and Enforcement of Violations of Safety Codes Pertaining to Pipeline Facilities, Transportation of Natural Gas, Liquefied Natural Gas Facilities, and Steam Distribution Facilities › Section 69.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
220 CMR 69.00 establishes the
		  procedure for determining the nature and extent of violations of codes,
		  regulations, or rules adopted or enforced by the Department of Public Utilities
		  (Department) pertaining to the safety of pipeline facilities, the
		  transportation of natural gas, liquefied natural gas facilities, and steam
		  distribution facilities including, but not limited to,
		  220
		  CMR 20.00:
Steam Distribution
		  Companies
and 101.00 through 115.00, and all applicable federal
		  pipeline safety standards that the Department has the authority to enforce,
		  including the following: federal pipeline safety standards as set forth in 49
		  CFR Part 192; federal safety standards for liquefied natural gas (LNG) as set
		  forth in 49 CFR Part 193; and federal drug and alcohol testing standards as set
		  forth in 49 CFR Parts 40 and 199.
		  220 CMR 69.00 shall apply to
		  violations of these state codes and these federal codes that occur at a time
		  when the Department has submitted and has in effect the annual certification to
		  the United States Secretary of Transportation provided for in
		  49 U.S.C. §
									60105, pursuant to the provisions of M.G.L.
		  c. 64, § 105A.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 69.00 - Procedures for the Determination and Enforcement of Violations of Safety Codes Pertaining to Pipeline Facilities, Transportation of Natural Gas, Liquefied Natural Gas Facilities, and Steam Distribution Facilities › Section 69.02 - Inspections

Current through Register 1525, July 5, 2024
Officers, employees, or agents authorized by the Commission of
		  the Department (Commission) or its designee, upon presenting appropriate
		  credentials, are authorized to enter upon, inspect and examine, at reasonable
		  times and in a reasonable manner, the records and properties of gas companies,
		  municipal gas departments, and steam distribution companies to the extent such
		  records and properties are relevant to determining compliance with
		  220
		  CMR 20.00:
Steam Distribution
		  Companies
, 101.00 through 115.00, and 49 CFR Parts 40, 192, 193 and
		  199. The facilities, reports, and records needed to ensure such compliance
		  shall be accessible to the Department for such inspections. Each gas company,
		  municipal gas department, or steam distribution company shall provide the
		  Department with such reports, supplemental data, and information as the
		  Department may request for the enforcement and administration of
		  220 CMR 69.00, except that
		  said companies and departments need not provide the Department with copies of
		  security procedures for a facility, if such security procedures are made
		  available at the facility for review and inspection by the
		  Department.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 69.00 - Procedures for the Determination and Enforcement of Violations of Safety Codes Pertaining to Pipeline Facilities, Transportation of Natural Gas, Liquefied Natural Gas Facilities, and Steam Distribution Facilities › Section 69.03 - Commencement of Enforcement Proceedings

Current through Register 1525, July 5, 2024
(1)
Warning Letters
. Upon determining that a probable
		violation of
		220
		CMR 20.00,
		101.00 through
		115.00, or 49 CFR Parts 40,
		192, 193 and 199 has occurred or is occurring, the Department may issue a
		warning letter notifying the owner or operator of the probable violation and
		advising the owner or operator to correct it or be subject to enforcement
		action under 220 CMR 69.03(2) through
		69.09. No such
		warning letter will be deemed to be based on a finding or adjudication by the
		Department that a violation exists, nor will it constitute evidence that a
		violation exists.
(2)
Notice of Probable Violation
. The Department may begin
		an enforcement proceeding by issuing a notice of probable violation (NOPV) if
		the Department has reason to believe that a violation of
		220
		CMR 20.00:
Steam Distribution
		Companies
, 101.00 through 115.00, or 49 CFR Parts 40, 192, 193 and 199
		has occurred or is occurring. The NOPV may be issued by the Commission or its
		designee. The NOPV shall state the provision(s) of the codes, regulations or
		rules which the respondent is alleged to have violated and the evidence upon
		which the allegations are based, shall give notice of response options
		available to the respondent under
		220 CMR 69.04,
		and, if a civil penalty is proposed, shall state the amount of the proposed
		civil penalty and the maximum civil penalty for which the respondent may be
		liable under law.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 69.00 - Procedures for the Determination and Enforcement of Violations of Safety Codes Pertaining to Pipeline Facilities, Transportation of Natural Gas, Liquefied Natural Gas Facilities, and Steam Distribution Facilities › Section 69.04 - Response Options

Current through Register 1525, July 5, 2024
(1) Within 30 days
		of receipt of an NOPV, the respondent shall respond to the Department in one of
		the following ways:
(a) Return the signed
		Consent Order and agree to pay the proposed civil penalty by check or money
		order made payable to the Commonwealth of Massachusetts;
(b) Submit an offer in compromise of the
		proposed civil penalty under 220 CMR 69.04(2);
(c) Request an informal conference under
		220 CMR 69.05;
		or
(d) Submit a written reply to
		the Department disputing the violation(s) in the NOPV. The reply must include a
		complete statement of all relevant facts and authority and full description of
		the reasons why the respondent disputes the violation(s) alleged in the
		NOPV.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 69.00 - Procedures for the Determination and Enforcement of Violations of Safety Codes Pertaining to Pipeline Facilities, Transportation of Natural Gas, Liquefied Natural Gas Facilities, and Steam Distribution Facilities › Section 69.05 - Informal Review

Current through Register 1525, July 5, 2024
(1) The informal
		review shall be conducted by an investigator designated by the Commission. The
		informal review shall consist of an informal conference, if the respondent has
		chosen this option under
		220 CMR
		69.04(1)(c), or an analysis
		of the respondent's written reply under
		220 CMR
		69.04(1)(d).
(2) At the informal conference, the
		respondent shall have the right to be represented by an attorney or other
		person, and shall have the right to present relevant documents to the
		investigator. The investigator shall make available to the respondent any
		evidence which indicates that the respondent may have violated any provision of
		220
		CMR 20.00:
Steam Distribution
		Companies
, 101.00 through 115.00, or 49 CFR Parts 40, 192, 193 and
		199, and the respondent or the respondent's representative shall have the
		opportunity to rebut this evidence. However, this informal conference shall not
		be construed to be an adjudicatory hearing for purposes of M.G.L. c.
		30A.
(3) The investigator shall
		make a decision in writing. If the respondent is not satisfied with the
		decision, the respondent may request an adjudicatory hearing, in writing,
		within seven days of the date of the decision. Failure to request an
		adjudicatory hearing within the time allowed will be deemed an admission of the
		factual allegations and legal conclusions stated in the investigator's
		decision, and the respondent shall be held liable to pay the civil penalty
		designated in the NOPV and to comply with a remedial order issued under
		220 CMR
		69.07.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 69.00 - Procedures for the Determination and Enforcement of Violations of Safety Codes Pertaining to Pipeline Facilities, Transportation of Natural Gas, Liquefied Natural Gas Facilities, and Steam Distribution Facilities › Section 69.06 - Adjudicatory Hearing

Current through Register 1525, July 5, 2024
(1) The
		adjudicatory hearing shall be a
de novo
hearing and shall be
		an adjudicatory hearing for purposes of M.G.L. c. 30A, and shall be conducted
		pursuant to
		220 CMR
		1.00:
Procedural Rules
.
(2) At the adjudicatory hearing, the
		respondent shall have the right to be represented by an attorney or other
		representative.
(3) If the
		Department finds, after the adjudicatory hearing, that the respondent has
		violated any provision of
		220
		CMR 20.00:
Steam Distribution
		Companies
, 101.00 through 115.00, or 49 CFR Parts 40, 192, 193 and
		199, it may issue a remedial order pursuant to
		220 CMR
		69.07.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 69.00 - Procedures for the Determination and Enforcement of Violations of Safety Codes Pertaining to Pipeline Facilities, Transportation of Natural Gas, Liquefied Natural Gas Facilities, and Steam Distribution Facilities › Section 69.07 - Remedial Orders

Current through Register 1525, July 5, 2024
(1) If the
		Department finds that a violation has occurred or is occurring, it may issue a
		remedial order. The remedial order shall include a written opinion setting
		forth the factual and legal basis of the findings and shall direct any party to
		take or refrain from taking any action, including the payment of a fine or
		civil penalty provided by law.
(2)
		A remedial order issued by the Commission or its designee under 220 CMR 69.07
		shall be effective upon issuance, in accordance with its terms, unless stayed,
		suspended, modified or rescinded.
(3) A remedial order is a final decision of
		the Commission within the meaning of M.G.L. c. 25, § 5, and subject to
		review by the Supreme Judicial Court.
(4) If the respondent fails either to appeal
		a remedial order to the Supreme Judicial Court or to comply fully with the
		order within 20 days after issuance of the order, the Department may refer the
		case to the Attorney General with a request that an action be brought in the
		Superior Court to seek appropriate relief, including collection of assessed
		penalties.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 69.00 - Procedures for the Determination and Enforcement of Violations of Safety Codes Pertaining to Pipeline Facilities, Transportation of Natural Gas, Liquefied Natural Gas Facilities, and Steam Distribution Facilities › Section 69.08 - Consent Orders

Current through Register 1525, July 5, 2024
(1) Notwithstanding
		any other provision to the contrary, the Department may at any time resolve an
		outstanding enforcement issue with a consent order. A consent order must be
		signed by the person to whom it is issued, or a duly authorized representative,
		and must indicate agreement with the terms therein. A consent order need not
		constitute an admission by any person that a violation has occurred.
(2) A consent order is a final order of the
		Department, having the same force and effect as a remedial order issued
		pursuant to
		220 CMR
		69.07.
(3) A consent order shall not be appealable
		and shall include an express waiver of appeal or judicial review rights that
		might otherwise attach to a final order of the Department.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 69.00 - Procedures for the Determination and Enforcement of Violations of Safety Codes Pertaining to Pipeline Facilities, Transportation of Natural Gas, Liquefied Natural Gas Facilities, and Steam Distribution Facilities › Section 69.09 - Civil Penalties

Current through Register 1525, July 5, 2024
The determination of the amount and appropriateness of a civil
		  penalty shall be made pursuant to M.G.L. c. 164, § 105A.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 75.00 - The Preservation Of Records Of Electric, Gas, And Water Utilities › Section 75.01 - Applicability and Scope

Current through Register 1525, July 5, 2024
(1)
								220 CMR 75.00 is prescribed
		and promulgated as the regulations governing the preservation of records by
		gas, electric, and water utility companies, and municipal gas and electric
		companies, subject to the jurisdiction of the Massachusetts Department of
		Public Utilities (hereinafter "Department"), to the extent and in the manner
		set forth therein.
(2)
								220 CMR 75.00 shall, as to
		all public utilities now subject to the jurisdiction of the Department, become
		effective as herein revised upon publication in the
Massachusetts
		Register
. As to any public utility that may hereafter become subject
		to the jurisdiction of the Department, this part shall become effective as of
		the date when such public utility becomes subject to the jurisdiction of the
		Department.
(3)
								220 CMR 75.00 applies to all
		books of account and other records prepared by or on behalf of the public
		utility. See
		220 CMR
		75.05(64)  for those records
		that come into possession of the public utility in connection with the
		acquisition of property, such as purchase, consolidation, merger, or other
		business combination.
(4)
								220 CMR 75.00 shall not be
		construed as excusing compliance with any other lawful requirement for the
		preservation of records for periods longer than those prescribed
		herein.
(5) The adoption of
		220 CMR 75.00 governing the
		preservation of records, being general in nature, shall not be construed to
		cancel, alter, modify, or amend Department orders, regulations, federal or
		state statutes or laws, customs, or precedents that have been established
		outside of the scope of the subject covered herein, unless otherwise changed by
		legislation, court decision, or order of the Department.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 75.00 - The Preservation Of Records Of Electric, Gas, And Water Utilities › Section 75.02 - Definitions

Current through Register 1525, July 5, 2024
When used in
		  220 CMR 75.00:
Affiliated companies (or affiliates)
means companies or persons that directly, or indirectly through one or more
		  intermediaries, control, or are controlled by, or are under common control
		  with, the utility.
Continuing Plant Inventory Records
shall be defined as it is in the Federal Energy Regulatory Commission
		  regulations (18 CFR, Chapter 1, Part 101).
Department
means the Massachusetts
		  Department of Public utilities, its Commissioners, and employees.
Destroy at option
means to destroy at
		  the discretion of the utility.
Image count indexing or "blipping
"
		  refers to a retrieval technique in which rectangular marks called blips or
		  image count marks, that are encoded on micro film, are counted by a reader to
		  automatically advance the film to a specified frame.
Item
means the categories or
		  subcategories of
		  220 CMR
		  75.05.
Public Utility
means any electric,
		  gas, or water company subject to the jurisdiction of the Department, and any
		  municipal gas or electric company subject to the jurisdiction of the
		  Department.
Regulatory Agency or agencies
means
		  federal or state entities with jurisdiction over the public utility.
Schedule
means the Schedule of Records
		  and Periods of Retention, set forth in
		  220 CMR
		  75.05.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 75.00 - The Preservation Of Records Of Electric, Gas, And Water Utilities › Section 75.03 - General Instructions

Current through Register 1525, July 5, 2024
(1)
Duplicate Copies and Non-Scheduled Records
(a) Unless otherwise specified in
		220 CMR
		75.05, duplicate copies of records maybe
		destroyed at any time,
provided, however,
that such duplicate
		copies contain no significant information not shown on the originals.
(b) Records other than those listed in the
		schedule may be destroyed at the option of the public utility,
provided
		however,
that records that are used in lieu of those listed shall be
		preserved for the periods prescribed for the records used for substantially
		similar purposes. And,
provided further,
that retention of
		records pertaining to added services, functions, plant, etc., the establishment
		of which cannot be presently foreseen, shall conform to the principles embodied
		herein.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 75.00 - The Preservation Of Records Of Electric, Gas, And Water Utilities › Section 75.04 - Application for Exceptions from Provision of 220 CMR 75.00

Current through Register 1525, July 5, 2024
Notwithstanding the provisions of the Schedule (
		  220 CMR
		  75.05 ), the Department may, upon the written
		  request of a public utility, authorize a shorter period of retention for any
		  record listed therein upon a showing by the public utility that preservation of
		  such record for a longer period is not necessary or appropriate for the public
		  interest or for the protection of investors or consumers.
In addition, notwithstanding the provisions of
		  220 CMR
		  75.03, the Department may, upon the written
		  request of a public utility, authorize use of a record medium not included in
		  the definition of record media in
		  220 CMR
		  75.03, Table 1-Record Media, upon a showing
		  by the public utility that the record medium ensures the preservation of
		  records in a manner appropriate for the public interest as well as the
		  protection of investors and consumers. Such a showing will include a
		  demonstration that the medium meets acceptable industry standards for
		  reliability and accuracy, and that appropriate safeguards are in place to
		  prevent loss or destruction of records. The Department may seek comments from
		  interested parties regarding such requests for exceptions. Petitioners are
		  expected to provide the Department with a complete filing, including all
		  necessary and relevant supporting documentation. Failure to make a complete
		  filing may result in dismissal of the petition for exception.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 77.00 - Voting Trust Certificates of Public Utilities

Current through Register 1525, July 5, 2024
(1) Voting trust
	   certificates shall not be sold without the filing of a notice of intention to
	   offer for sale, unless such sale is exempted by law or by order of the
	   Commission of the Department of Public Utilities.
(2) The exemption granted by M.G.L. c. 110A,
	   § 402(a)(7) is hereby extended to voting trust certificates issued by a
	   trust formed for the purpose of holding the securities of a corporation owning
	   or operating a railroad or any other public service utility; provided, that the
	   issue of such voting trust certificates has been approved by public officials
	   of this or any other state or of the United States empowered to regulate,
	   control or supervise public service utilities and the issue of securities
	   thereby, and provided, further, that claim of such exemption, accompanied by
	   proof satisfactory to the Department of such approval, has been filed with the
	   Department.
REGULATORY AUTHORITY
220 CMR 77.00: M.G.L. c. 25,
		  § 5.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 78.00 - Accounting Treatment Of Investment Tax Credit For Utilities

Current through Register 1525, July 5, 2024
The tentative accounting treatment for of her utilities reporting
		to the Department shall be in the same manner as set forth in its order of
		January 10, 1963 for Gas and Electric Companies as follows:
Sectional Accounting Procedures:
"'Taxes Accrued' shall be debited and 'Unamortized Investment
		Credit' shall be credited to the extent that property costs have been reduced
		through the application of the investment credit."
"'Unamortized Investment Credit' may be debited and 'Amortization
		of Investment Credit' may be credited with an amount which will amortize the
		investment credit over the productive lives of the properties giving rise to
		the credit. In the case of a utility rendering a number of utility services,
		insofar as practicable the utility shall assign directly to the utility
		department its proportionate share based on the investment in property giving
		rise to the Investment Credit. The investment credit amortization attributable
		to leased utility plant and non-utility property shall be credited as far as
		practicable to the accounts in which the income or expense is included."
The Department recognizes that said accounting procedure will
		conflict with interim orders of federal and other State regulatory Commissions
		on this subject with which some of the companies will be required to file
		reports. However, the Department will entertain a petition from any Company for
		exemption thereof if it deems that this order will impose undue
		hardship.
REGULATORY AUTHORITY
220 CMR 78.00: M.G.L. c. 25, § 5.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 79.00 - Annual Return To Be Filed by Gas, Electric, and Water Companies and Municipal Lighting Plants › Section 79.01 - Annual Return for Gas Companies

Current through Register 1525, July 5, 2024
Along with the prescribed annual return, gas companies shall
		  provide the following material:
(1)
		the latest annual report to stockholders; and
(2) any annual financial or statistical
		reports regularly prepared and distributed to stockholders, security analysts,
		or industry associations.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 79.00 - Annual Return To Be Filed by Gas, Electric, and Water Companies and Municipal Lighting Plants › Section 79.02 - Annual Return for Municipal Lighting Plants

Current through Register 1525, July 5, 2024
Along with the prescribed annual return, municipal light plants
		  shall provide any annual financial or statistical reports regularly prepared
		  and distributed.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 79.00 - Annual Return To Be Filed by Gas, Electric, and Water Companies and Municipal Lighting Plants › Section 79.03 - Annual Return for Water Companies

Current through Register 1525, July 5, 2024
Along with the prescribed annual return, water companies shall
		  provide the following material:
(1)
		the latest annual report to stockholders; and
(2) any annual financial or statistical
		reports regularly prepared and distributed to stockholders, security analysts
		or industry associations.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 79.00 - Annual Return To Be Filed by Gas, Electric, and Water Companies and Municipal Lighting Plants › Section 79.04 - Annual Return for Electric Companies

Current through Register 1525, July 5, 2024
Along with the prescribed annual return, electric companies
		  shall provide the following material:
(1) the FERC Form No. 1:
(2) the latest annual report to
		stockholders;
(3) any annual
		financial or statistical reports regularly prepared and distributed to
		stockholders, security analysts or industry associations; and
(4) certified public accountants'
		certification.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 99.00 - Procedures for the Determination and Enforcement of Violations of Safety Codes Pertaining to Damage Prevention › Section 99.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
220 CMR 99.00 defines terms
		  and delineates the duties of those subject to M.G.L. c. 82, §§ 40
		  through 40E, also known as the "Dig Safe" law. It also establishes the
		  procedures for determining the nature and extent of violations of the Dig Safe
		  law and of codes, regulations, or rules adopted or enforced by the Department
		  of Public Utilities (Department) pertaining to damage prevention and the safety
		  of pipeline facilities including, but not limited to,
		  220 CMR 99.00 and the
		  following: the federal damage prevention program as set forth in
		  49 CFR
		  192.614, including all subsequent amendments;
		  and federal standards for the protection of underground pipelines from
		  excavation activity, as set forth in 49 CFR Part 196, including all subsequent
		  amendments.
		  220 CMR 99.00 shall apply to
		  violations of these state and federal codes that occur when the Department has
		  submitted and has in effect the annual certification to the United States
		  Secretary of Transportation provided for in
		  49 U.S.C. §
									60105, pursuant to the provisions of M.G.L.
		  c. 164, § 105A.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 99.00 - Procedures for the Determination and Enforcement of Violations of Safety Codes Pertaining to Damage Prevention › Section 99.03 - Premarking

Current through Register 1525, July 5, 2024
(1) An excavator shall premark an excavation
		site before giving notice of the excavation to the Dig Safe Center.
(2) When premarking in an area where white
		marks may interfere with traffic or pedestrian control, or when white marks
		might otherwise be difficult to see, the excavator may use pink, but must
		inform the Dig Safe Center so that the notice indicates that pink has been used
		for premarking.
(3) When excavating
		to replace a guardrail or fence, an excavator may use the preexisting guardrail
		or fence as the premark, but the notice must contain a description of the
		excavation location sufficient to inform a company of the area to be excavated.
		If the new guardrail is not collinear with the preexisting guardrail or fence,
		the excavator must premark only that area to be excavated that will differ from
		the preexisting guardrail or fence.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 99.00 - Procedures for the Determination and Enforcement of Violations of Safety Codes Pertaining to Damage Prevention › Section 99.04 - Excavation Notification

Current through Register 1525, July 5, 2024
(1) Notice of an
		excavation shall be tendered to the Dig Safe Center at least 72 hours,
		exclusive of Saturdays, Sundays, and legal holidays, but not more than 30 days
		prior to the commencement of an excavation. Such notice shall include an
		accurate description of the excavation location and the scope of the work to be
		performed.
(2) Notice of an
		excavation by blasting shall be tendered to the Dig Safe Center at least 72
		hours in advance and shall accurately specify the date and location of such
		blasting. In the case of an unanticipated obstruction requiring blasting,
		notice shall be given not less than four hours prior to such
		blasting.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 99.00 - Procedures for the Determination and Enforcement of Violations of Safety Codes Pertaining to Damage Prevention › Section 99.05 - Emergency Excavation Notification

Current through Register 1525, July 5, 2024
(1)
		In an emergency an excavator may commence excavating after having taken all
		reasonable steps and precautions consistent with the urgency of the situation,
		and premarked the site. The excavator shall notify the Dig Safe Center at the
		earliest practicable moment, including a description of the excavation location
		and the work to be done.
(2) No
		excavator shall indicate to the Dig Safe Center or to a company that an event
		constitutes an emergency, unless the excavator believes in good faith that the
		circumstances constitute an emergency as defined in
		220 CMR
		99.02.
(3) The Dig Safe Center shall not issue an
		emergency dig safe permit, unless it believes in good faith that the
		circumstances constitute an emergency as defined in
		220 CMR
		99.02.
(4) Each company shall establish standard
		operating procedures to mark the location of its respective underground
		facilities as soon as practicable, but no more than three hours after receiving
		notification of an emergency excavation, whether or not the excavation has
		begun.
(5) Circumstances requiring
		emergency excavation shall not excuse the excavator from the requirement to use
		all reasonable means and precautions to avoid damage to an underground facility
		and to otherwise comply with all requirements of M.G.L. c. 82, §§ 40
		through 40D, and
		220 CMR 99.00.
(6) Once the emergency has been brought to
		conclusion, and if further excavation is to be done beyond the premarked area,
		the excavator shall so notify the Dig Safe Center in accordance with
		220 CMR
		99.04.
(7) In the case of an emergency requiring
		blasting, an excavator shall give notice to the Dig Safe Center and to the
		local gas company as soon as practicable, but before any explosives are
		discharged.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 99.00 - Procedures for the Determination and Enforcement of Violations of Safety Codes Pertaining to Damage Prevention › Section 99.06 - Marking Procedures

Current through Register 1525, July 5, 2024
(1) Within 72 hours,
		exclusive of Saturdays, Sundays and legal holidays, from the time initial
		notice is received by the Dig Safe Center, every company shall mark the
		location of an underground facility by applying a visible marking material,
		such as paint, on the ground above the facility. The company may use an
		alternative marking method of color-coded stakes, color-coded flags or
		color-coded brush-type markers.
(2)
		Every company shall use the center-line method to identify the location of its
		respective underground facilities, whether the facilities are located on
		private or public property. The underground facility shall be completely
		located within the safety zone, no more than the width of the facility plus 18
		inches on each side from the designated center line.
(3) All markings shall indicate, where
		practicable, the width, if it is greater than two inches, and the material of
		the underground facility, as well as any change in direction and any terminus
		points of the facility.
(4) The
		standard color code listed in
		220 CMR 99.02 shall
		be used for the placement of marks whether by visible marking material or
		alternative marking methods.
(5)
		Marking shall extend at least 15 feet beyond the boundaries of the premarked
		area, if premarking is required.
(6) Upon a request for remarking, the company
		shall remark the location of an underground facility within 24 hours of the
		request, exclusive of Saturdays, Sundays and legal holidays.
(7) In a paved area designated as a
		historical location, a company may use chalk, stakes, flags, brush-type markers
		or other suitable devices with the appropriate color-coding affixed or
		attached, instead of marking fluid. If an alternative marking method is used,
		the excavator shall communicate as necessary with the company to ensure that
		the marks are maintained and remarked as needed.
(8) If the surface above the underground
		facility is to be removed, the company may place supplemental offset marks.
		These marks must be uniformly aligned and must indicate the specific distance
		from the markings to the underground facility.
(9) Upon installing any new underground
		facilities or part thereof, the company shall mark out the location of the
		newly installed facilities as they are backfilled or installed, and document
		the mark-out of the newly installed facilities.
(10) If a company receives notification of an
		excavation from the Dig Safe Center and has no underground facilities to mark,
		it shall inform the excavator or otherwise indicate the absence of underground
		facilities at the excavation location.