Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 300 - ENERGY REGULATION; IN GENERAL › Section 20VAC5-300-70 - Regulations and procedures pertaining to gas pipeline safety in Virginia

Current through Register Vol. 40, No. 24, July 15, 2024
On November 21, 1988, the Research and Special Programs
				  Administration, Department of Transportation ("DOT"), adopted a final rule
				  governing the control of drug use in natural gas, liquefied natural gas, and
				  hazardous liquid pipeline operations, codified as Part 199 of Title 49 of the
				  Code of Federal Regulations. Control of drug use in natural gas, liquefied
				  natural gas, and hazardous liquid pipeline operations, RSPA Docket No. PS-1-2,
				  RIN 2137-AB54, 53 Fed. Reg. 47084 (Nov. 21, 1988). The DOT stated in its rule
				  that it expected Part 199 to be adopted by states participating in
				  federal-state relationships prescribed in the Natural Gas Pipeline Safety Act
				  of 1968 ( 49 USCS §§ 1671 et seq.) and the Hazardous Liquid Pipeline Safety Act
				  of 1979 ( 18 USCS §§ 831 et seq.). See 53 Fed. Reg. 47084, 47096. Virginia and
				  the Virginia State Corporation Commission are the State and the Department of
				  that State, which are involved in such a relationship. In fact, by its Order
				  dated February 21, 1967, in Case No. 18151, this Commission adopted a uniform
				  code of rules and regulations relating to the design, construction, operation
				  and maintenance of transmission and distribution facilities of natural gas
				  companies located and operated in Virginia.
By subsequent orders dated April 20, 1967, April 9, 1970,
				  January 8, 1971, and June 4, 1981, the Commission amended, modified and
				  cancelled portions of its original order dealing with the design, construction,
				  operation and maintenance of these facilities. By its October 16, 1981 Order
				  entered in Case No. PUE810046, it cancelled previous orders and adopted
				  standard regulations and procedures pertaining to gas safety in
				  Virginia.
NOW THE COMMISSION finds that its October 16, 1981 Order
				  entered in Case No. PUE810046 should be vacated and that 49 CFR 199 should be
				  adopted as well as Parts 191, 192, and 193 of Title 49, Code of Federal
				  Regulations, which were previously adopted, all of which serves as the minimum
				  gas pipeline safety code which the Commission enforces in Virginia. The
				  directives set forth in the October 16, 1981 Order shall remain in effect in
				  all other respects.
Accordingly,
IT IS ORDERED:
1.
				That this matter is hereby docketed and assigned Case No. PUE890052;
2. That our October 16, 1989 Order entered in
				Case No. PUE810046 is hereby vacated, and Part 199 shall be adopted, along with
				Parts 191, 192, and 193 of Title 49, Code of Federal Regulations, previously
				adopted. All amendments, past and future, to these four parts shall remain in
				force as the minimum pipeline safety code in the Commonwealth of
				Virginia;
3. That telephone reports
				regarding incidents as listed in Part 191.5(a) of Title 49 of the Code of
				Federal Regulations shall be made by all natural gas companies subject to the
				Commission's jurisdiction at the earliest practical moment to the Commission's
				Division of Energy Regulation during the Division's duty hours or, at other
				times, to the home of one of the Commission staff engineers, who enforce the
				safety code;
4. That the required
				written reports mentioned under Part 191, Sections 191.9, 191.11, 191.13,
				191.15, and 191.17 of Title 49 shall be made in duplicate to the Commission,
				unless the jurisdictional natural gas company states that it has already
				forwarded a copy of said reports to the Information Resources Manager, Office
				of Pipeline Safety, Department of Transportation, Washington, D.C.
				20590;
5. That every significant
				interruption of service shall be reported to this Commission within 24 hours
				after such interruption occurs, together with the cause thereof, so far as
				ascertainable;
6. That natural gas
				companies subject to the Commission's jurisdiction shall maintain their
				operation and maintenance plans, up to date with pipeline safety requirements,
				within their own facilities subject to inspection by Commission gas pipeline
				safety inspectors;
7. That the
				Commission staff member supervising and administering the gas pipeline safety
				program in Virginia shall be empowered to submit and sign on behalf of the
				Commission, such forms and applications as necessary to assure participation in
				natural gas pipeline safety programs, as deemed advisable by the Commission to
				assure an effective safety program in Virginia, but that the Commission
				Comptroller shall be empowered to sign on behalf of the Commission those
				applications and forms pertaining to grants or reimbursement or expenses
				incurred by the Commission in conducting the gas pipeline safety program in
				Virginia; and
8. That there being
				nothing further to be done herein, the same is hereby dismissed.
Statutory Authority
§§ 56-5.1, 56-234 and 56-257.2 of the Code of Virginia.