Code of Vermont Rules › Agency 30 - PUBLIC UTILITY COMMISSION › Sub-Agency 000 - GENERAL › Chapter 047 - RULE 6.100 - RELATING TO GAS SAFETY › Section 30 000 047 - RULE 6.100 - RELATING TO GAS SAFETY

Current through June, 2024
SUBCHAPTER 6.100 ENFORCEMENT OF
			 SAFETY REGULATIONS PERTAINING TO INSTRUSTATE GAS PIPELINE AND
			 TRANSPORTATION FACILITIES
6.101
			 Purpose and Scope
These rules describe the enforcement authority
				and procedures to achieve and maintain gas pipeline and
				transportation safety within the State of Vermont. They also
				prescribe the sanctions which may be requested by the Department of
				Public Service and imposed by the Vermont Public Service Board for
				safety violations.
6.102 Inspections & Information
(A) The Department may conduct
			 inspections of gas pipelines or transportation and storage
			 facilities.
(B) The
			 Department may at any time request information reasonably related to
			 enforcement of gas safety rules or regulations. Such information
			 shall be provided within fifteen (15) days. Where the Department
			 determines that an emergency need for such information exists, the
			 Department may require information to be provided
			 immediately.
6.103 Warnings
(A) When, based upon an inspection
			 or other information, the Department has reason to believe that a
			 person is not in compliance with applicable gas safety rules or
			 regulations or orders issued thereunder, the Commissioner of the
			 Department or the Commissioner's designee may issue a warning in
			 accordance with subsection (B) of this section.
(B) A warning of non-compliance
			 shall notify the owner or operator of the facility that is alleged to
			 be in non-compliance of the alleged violation(s), or the person
			 involved in the alleged violation(s) if different, and shall advise
			 the person, owner, or operator involved to correct the violation(s)
			 or be subject to further enforcement proceedings. All warnings shall
			 be in writing, shall state the probable violation(s) and shall state
			 the date by which each violation is to be corrected.
6.104 Enforcement
			 Proceedings
(A) If the Department
			 determines that a person has violated a statute, rule, regulation, or
			 any order of the Board pertaining to gas safety, the Department may
			 initiate an enforcement proceeding by serving a Notice of Probable
			 Violation on said person. A copy of said Notice shall be filed with
			 the Board and shall be treated as a petition to impose penalties
			 under
			 30
			 V.S.A. §
												2816. The Department
			 or Board may initiate an enforcement proceeding without first sending
			 a warning under Section 6.103 of this rule to that person alleged to
			 have violated the statute, rule, regulation, or Board
			 Order.
(B) A Notice of
			 Probable Violation shall include:
(1) A statement of the statute,
			 rule, regulation, or order issued thereunder which the person is
			 alleged to have violated;
(2) A brief statement of the
			 evidence upon which the allegation(s) is based;
(3) Notice of response options
			 available (See Section (E) of this Rule);
(4) Statement of remedial action
			 sought;
(5) If a civil
			 penalty is proposed, the amount of the proposed civil penalty (See
			 30
			 V.S.A. §
													2816 ).
(C) The Department may
			 amend a Notice of Probable Violation at any time prior to issuance of
			 a final Board order. If an amendment includes any new material
			 allegations of fact or proposes new or additional remedial action or
			 an increased civil penalty, the person to whom the Notice is directed
			 shall have an additional 15 days from the time the amended Notice is
			 received to respond.
(D)
			 Within 30 days of receipt of a Notice of Probable Violation any
			 person who is the subject of an enforcement proceeding shall make a
			 written response to the Department and to the Board.
(E) Where the Notice of Probable
			 Violation contains a statement of remedial action sought or proposes
			 the imposition of a civil penalty, any person who is the subject of
			 enforcement proceedings pursuant to that Notice may:
(1) Agree to take the remedial
			 action sought and submit a plan for compliance which shall include a
			 schedule of steps to be taken and a date by which complete compliance
			 shall be obtained;
(2)
			 Pay the proposed civil penalty by certified check payable to the
			 Board; and/or
(3) Object
			 to imposition of the remedial action and the imposition of the
			 penalty and request a hearing before the Board.
(F) A request for hearing under
			 Section 6.104(E) of this rule in response to a Notice of Probable
			 Violation issued pursuant to this rule must include a statement of
			 the issues intended to be raised at hearing. In the statement of
			 issues, the person requesting the hearing shall assert any defenses
			 he or she intends to raise and, if the person intends to claim that
			 mitigating factors are present, shall include an explanation of those
			 factors, accompanied by supporting data or other information. The
			 request may also include any offer made in compromise of the proposed
			 civil penalty or remedial action.
(G) If the alleged violator agrees
			 to the remedial action sought by the Department and agrees to pay the
			 proposed civil penalty, pursuant to Section 6.104(E)(1) and (2) of
			 this rule, the alleged violator will be deemed to have waived notice
			 and an opportunity for hearing provided the Board's final Order is
			 substantially consistent with the remedial action and/or penalty
			 agreed to by the Department and the alleged violator.
(H) After notice and an opportunity
			 for hearing, the Board shall enter its final order in the matter. The
			 final order may include:
(1) A
			 statement of actions, if any, required to be taken and the date by
			 which such actions must be taken; and
(2) The amount of any civil penalty
			 imposed.
(I)
			 Any person found to be in violation of any statute or rule,
			 regulation, or order issued thereunder may be made subject to a civil
			 penalty in accordance with
			 30
			 V.S.A. §
												2816. In imposing a
			 civil penalty on any person, the Board shall consider the gravity of
			 the violation, the culpability of the person responsible for the
			 violation, any history of prior violations, the good faith of the
			 person charged in attempting to achieve compliance, the size of the
			 business of the person being charged, and the likely effect of the
			 penalty.
(I) sic(J) In
			 addition to the procedures set forth in this section, the Board, on
			 its own initiative or in response to a petition, may initiate an
			 investigation into a possible violation of any statute, rule,
			 regulation, or order issued thereunder pertaining to gas
			 safety.
6.105
			 Expedited Hearing
(A) If the
			 Department determines during or after inspection that a gas facility
			 presents an immediate hazard to life, health, property, or continued
			 utility service, the Department may file with the Board a Request for
			 Expedited Hearing or for a Temporary Restraining Order along with the
			 Department's Notice of Probable Violation. The Request shall be
			 accompanied by supporting Affidavit(s) which state plainly the
			 hazard(s) and the Department's best estimate of the time in which
			 action must be taken. Upon receipt of the Department's Request, the
			 Board shall schedule an expedited hearing or shall deny the Request,
			 stating its reasons.
(B)
			 Whenever an expedited hearing is held the Board may enter a temporary
			 order, including a Temporary Restraining Order and impose any of the
			 sanctions outlined in Section 6.104(H) of this rule in the same
			 manner as if it had held a regular hearing. The temporary order shall
			 remain in effect until a regular hearing is held in due
			 course.