Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 300 - ENERGY REGULATION; IN GENERAL › Section 20VAC5-300-90 - Rules governing certification, operation, and maintenance of notification center or centers

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				General provisions. The general provisions applicable to a notification center
				are:
1. The purpose of this section is to
				establish minimum standards and requirements for the operation and maintenance
				of a notification center or centers in Virginia. This section also details
				application requirements for those desiring to serve as a notification center
				pursuant to § 56-265.16:1 of the Code of Virginia.
2. The commission may conduct hearings on
				matters related to notification centers including, but not limited to, the
				grant, amendment, suspension, or revocation of certificates issued under §
				56-265.16:1 of the Code of Virginia and performance standards and other matters
				related to the requirements of or enforcement of this section or the provisions
				of Chapter 10.3 (§ 56-265.14 et seq.) of Title 56 of the Code of Virginia, as
				necessary.
3. Only one notification
				center shall be granted a certificate for a given geographic area.
4. Only one toll-free number shall be used
				across the Commonwealth to contact the notification center or centers regarding
				proposed excavation.
5. Each
				notification center shall at a minimum comply with the operational standards
				detailed in subsection C of this section.
6. Each notification center shall have and
				meet performance standards approved by the commission in order to promote
				accuracy, cost effectiveness, operational efficiency, and customer
				satisfaction. The performance standards shall include, at a minimum, standards
				for indices such as: Average Speed of Answer, Abandoned Call Rate, Busy Signal
				Rate, Customer Satisfaction and Locate Request Delivery criteria. The standards
				approved by the commission may be amended upon the request of the notification
				center, the commission's motion, or the staff's motion, after notice and an
				opportunity to be heard. Applicants for a certificate shall include proposed
				performance standards as part of their applications. Notification centers
				currently holding certificates shall file with the commission their proposed
				performance standards within 60 days of June 7, 2002.
7. Unless otherwise provided, updates of
				plans, procedures, programs and information required by this section shall be
				filed with the commission at least 60 days prior to the implementation of any
				substantive change to such plans, procedures, programs and
				information.
8. Notification
				centers that use or plan to use agents or vendors to provide the primary
				notification service shall file information relative to the vendor or agent's
				qualifications to provide these services with the commission. Applicants for a
				certificate that propose to use an agent or vendor to provide the primary
				notification service shall file such information as part of their applications.
				Notification centers currently holding certificates shall file such information
				with the commission within 60 days of June 7, 2002. A notification center that
				desires to change vendors or agents providing the primary notification service
				shall file information relative to the new vendor's or agent's qualifications
				to provide these services with the commission at least 90 days prior to the
				change in agent or vendor.
9. The
				commission's Damage Prevention Advisory Committee (committee) shall review the
				codes and subcodes used for the operation of the Ticket Information Exchange
				System. Each notification center shall consider the committee's recommendation
				relative to the codes and subcodes before their implementation.
10. Each notification center shall assist
				member operators and the commission in devising an effective public
				education/awareness plan regarding underground utility damage prevention as
				required by §§ 56-265.16:1E and 56-265.32B of the Code of Virginia.
11. At least 20% of the voting members of
				each notification center's governing body shall be composed of individuals who
				are neither utilities or operators nor employed by a utility or an operator.
				This 20% shall be comprised of individuals that may be impacted by the services
				provided by the notification center, including excavators, contract locators,
				property owners, and governmental entities that are not operators or
				utilities.
12. No notification
				center shall abandon or discontinue service except with the approval of the
				commission and upon such terms and conditions as may be prescribed.
13. A violation of any provision of this
				section, a commission order, or the Underground Utility Damage Prevention Act
				(Act) may be grounds for suspension or revocation of the notification center's
				certificate if the commission finds that the notification center or its agent
				or vendor providing the primary notification service has not, is not currently,
				or cannot in the future, (i) ensure protection for the public from the hazards
				that the Act is intended to prevent or mitigate; (ii) ensure that all persons
				served by the notification center receive an acceptable level of performance;
				and (iii) be financially responsible for any damages that may result from the
				notification center's violation of the law or this section. In all proceedings
				pursuant to this section, the commission shall give notice to the notification
				center of the allegations against it and shall provide the notification center
				an opportunity to be heard concerning such allegations prior to making a
				determination concerning the notification center's certification.
14. The commission may waive any provisions
				of this section and shall consider requests for waivers of any provisions of
				this section on a case-by-case basis. The commission may grant a waiver upon
				such terms and conditions as the commission deems appropriate consistent with
				the provisions of § 56-265.16:1 of the Code of Virginia.