Subject 515-9-3 ENFORCEMENT PROCEDURES GOVERNING GAS PIPELINE SAFETY
The purpose and scope of the Enforcement Procedures is to
describe the enforcement authority and sanctions exercised by the Georgia
Public Service Commission in carrying out its duties regarding pipeline safety
under the Natural Gas Pipeline Safety Act of 1968, as amended ( 49 U.S.C. 1671et seq.) It also prescribes the procedures governing the
exercise of that authority and the imposition of those
sanctions.
Terms used in these rules have the following meaning:
| (a) |
"Act" means the Natural Gas Pipeline
Safety Act of 1968, as amended ( 49 U.S.C. 1671et
seq.). |
| (b) |
"Commission"
means the Georgia Public Service Commission. |
| (c) |
"Gas" means natural gas. |
| (d) |
"LNG" means liquefied natural
gas. |
| (e) |
"New Construction" means
the act of building, a new pipeline facility, or the expansion, replacement or
relocation of an existing pipeline facility (as in looping a pipeline segment,
which may also be done to meet increased load requirements or to enhance
reliability of the system) in order to provide new service to a customer(s) or
in order to meet increased demand. |
| (f) |
"Operator" means a person who engages in
the transportation of natural gas by pipeline. |
| (g) |
"Person" means any individual, firm,
joint venture, partnership, corporation, association, authority, municipality,
cooperative association or joint-stock association, and includes trustee,
receiver, assignee or personal representative who furnishes service to the
public thereof. |
| (h) |
"Pipeline"
means all parts of those physical facilities through which gas or LNG moves in
transportation including but not limited to pipe, valves and other appurtenance
attached to pipe, compressor units, pumping units, metering stations, delivery
stations, regulator stations, holders and fabricated assemblies. |
| (i) |
"Pipeline facility" means, without
limitation, new and existing pipe, pipe right-of-way and any equipment,
facility or building used in the transportation of gas or the treatment of gas
during the course of transportation. |
| (j) |
"Pipeline Safety Director" means the
Natural Gas Engineer of the Utilities Engineering Section designated by the
Commission as Director. |
| (k) |
"Service Line" means a distribution line that transports gas from a common
source of supply to (a) a customer meter or the connection to a customer's
piping, whichever is farther downstream, or (b) the connection to a customer's
piping if there is no customer meter. A customer meter is the meter that
measures the transfer of gas from an operator to a consumer. |
| (l) |
"Transportation of Gas" means the
gathering, transmission or distribution of gas by pipeline or its
storage. |
| (1) |
The Georgia Legislature has empowered the
Public Service Commission to prescribe and enforce safety standards and to
regulate safety practices of persons engaged in the transportation of gas or
LNG by pipeline to the extent permitted by the "Natural Gas Pipeline Safety Act
of 1968 ( 49 U.S.C. 1967et seq.)" and any amendments thereto
as set forth and adopted in Title 46 of the Georgia Code, as amended. The
Commission has delegated this responsibility to the Pipeline Safety Director
and his staff. The regulations issued under the Act promulgated by the Office
of Pipeline Safety of the United States Department of Transportation and
published in Title 49, CFR (Code of Federal Regulations) Parts 40, 191, 192,
193 and 199 apply to all pipeline companies. The safety standards of the Act
apply to the design, installation, inspection, testing construction, extension,
operation, replacement and maintenance of pipeline facilities. Standards
affecting the design, installation, construction, initial inspection and
testing are not applicable to pipeline facilities in existence on the date such
standards are adopted. |
| (2) |
The
Commission is authorized to prescribe additional safety standards that apply to
intrastate operators. Such safety standards shall be practicable and designed
to meet the needs for pipeline safety. When prescribing and enforcing such
standards, the Commission will consider:
| (a) |
relevant available pipeline safety data; |
| (b) |
whether such standards are appropriate
for the particular type of pipeline transportation; |
| (c) |
the reasonableness of any proposed
standards; and |
| (d) |
the extent to
which such standards will contribute to public safety. |
|
| (3) |
Whenever the Commission finds a
particular facility to be hazardous to life or property, it is empowered to
require the person operating such facilities to take steps necessary to remove
such hazards. |
The Commission has the power to investigate all methods and
practices of pipeline companies; to require the maintenance and filing of
reports, records and other information in such form and detail as the
Commission may prescribe; to enter upon and to inspect the property, buildings,
plants, and office of such pipeline companies; and to inspect books, records,
papers and documents relevant to the enforcement of the rules and
regulations.
| (1) |
Upon presentation of appropriate
credentials, the Commission or its designated employee is authorized to enter
upon, inspect and examine, at reasonable times and in a reasonable manner, the
records and properties of persons to the extent such records and properties are
relevant to determining the compliance of such persons with the rules and
regulations or Commission orders issued thereunder. |
| (2) |
Inspections shall ordinarily be conducted
pursuant to one of the following:
| (b) |
a complaint
received from a member of the public; |
| (c) |
information obtained from a previous
inspection; |
| (d) |
pipeline accident
or incident; or |
| (e) |
whenever deemed
appropriate by the Commission or the Director of Gas Pipeline Safety. |
|
| (1) |
An attempt will be made to periodically
inspect every operator, with priority given to inspecting those systems with
greater risk potential. In determining the potential risk of a pipeline system,
the following factors may be considered:
| (a) |
the ratio of total steel pipe to coated steel pipe; |
| (b) |
the ratio of total steel pipe to
cathodically protected steel pipe; |
| (c) |
leaks per mile of pipe; |
| (d) |
leaks per number of services; |
| (e) |
unaccounted-for-gas volumes and
percentages; |
| (f) |
the number of
accidents or facility failures; |
| (g) |
footage of cast iron pipe in the system; and |
| (h) |
past history of the operator. |
|
| (2) |
The inspection will include a
thorough review of the operator's records concerning inspection, operation,
maintenance and emergency procedures. Field inspection will include operational
checks of corrosion control provisions, overpressure and regulating equipment,
odorization, repaired leaks, emergency valves and any other components of the
facility. |
| (1) |
When an inspection of an operator's
records or facilities, or both, indicate that the operator is in apparent
violation of a pipeline safety regulation, the investigator will give verbal
notice of the alleged violation to the operator before concluding the
inspection. |
| (2) |
Any documentation
of physical evidence necessary to support the alleged violation may be obtained
during the inspection or requested by letter immediately after the conclusion
of the visit. |
| (3) |
The operator may
institute on-site corrective measures when a violation exists. However,
enforcement of such alleged violations will proceed. |
After evidence of an alleged violation is collected and the
violation report is written, notice and opportunity to respond will be afforded
the operator by a letter from the Pipeline Safety Director. The letter will
notify the operator of the results of the on-site inspection and will
specifically cite the regulation(s) the operator is allegedly violating.
Further, the letter may contain a proposed civil penalty or a compliance order.
A written response from the operator shall be submitted to the Pipeline Safety
Director within 30 days of the time the operator receives the violation
notice.
| (1) |
Alternatives open to the operator to
respond to the violation notice are:
| (a) |
submit a written statement to the Pipeline Safety Director indicating
corrective measures have achieved compliance; |
| (b) |
submit a written plan of action to the
Pipeline Safety Director outlining the corrective measures that will be taken
to achieve compliance and when compliance is anticipated; or |
| (c) |
request an informal conference with the
Pipeline Safety Director and/or his staff to discuss the
violation(s). |
|
| (2) |
The
alleged violation(s) may be resolved at this stage if the information submitted
is in accordance with Rule 515-9-3-.09(1)(a) or Rule 515-9-3-.09(1)(b) and is
accepted by the Pipeline Safety Director and/or his staff. Such acceptance
shall be verified by written statement issued by the Pipeline Safety Director
following a reinspection of the operator's facilities. However, if the operator
selects Rule 515-9-3-09(1)(c), an informal conference will be scheduled as
explained in Rule
515-9-3-.10. |
| (1) |
After receiving a request for an informal
conference a date and time will be arranged at this conference and the basis of
the alleged violations will be reviewed. The operator may explain the company's
position and may present alternatives for solution of the problem. The Gas
Pipeline Safety staff will be represented by the investigator involved and by
such other members of the Commission staff as designated by the Pipeline Safety
Director. |
| (2) |
The violation may be
resolved at this stage. If agreement cannot be reached, enforcement procedures
shall continue. |
| (1) |
If the proposed solution as outlined is
not satisfactory to the Gas Pipeline Safety Director and/or his staff, the
violation shall be referred to the Public Service Commission for formal
resolution in either of the following manners:
| (a) |
The Commission may seek an injunction or
mandamus in superior court in cases where immediate action is necessary;
or |
| (b) |
The Commission may issue a
show cause order and/or schedule a hearing requiring the operator to
demonstrate why the operator should not be subject to the penalties set forth
by the O.C.G.A. Section
46-2-91.
This section permits a penalty not to exceed $15,000.00 for such violation and
an additional penalty not to exceed $10,000.00 for each day during which such
violation continues. |
|
| (2) |
Any civil penalty imposed by the Commission shall be based on:
| (a) |
the appropriateness in relation to the
size of the business of the person charged; |
| (b) |
the gravity of the violation; |
| (c) |
the good faith of the person charged in
attempting to achieve compliance; |
| (d) |
history of prior violations;
and |
| (e) |
other matters as justice
may require. |
|
| (3) |
The
Commission may, pursuant to hearing, order an operator to take corrective
action. Failure to obey such an order can result in:
| (a) |
civil penalties under O.C.G.A. Section
46-2-91; |
| (b) |
action by the Commission against the
operator in superior court; |
| (c) |
action by the Commission against the operator in any federal district court
having jurisdiction. |
|
| (1) |
Whenever the Commission or the Director
of Gas Pipeline Safety shall find a particular facility to present an imminent
hazard to life or property, it shall be empowered to require the owner or
operator of the facility to take immediate steps necessary to correct such
hazards. Corrective action may include suspended or restricted use of the
facility, physical inspection, testing, repair, replacement, or other action,
as appropriate. |
| (2) |
An opportunity
shall be given for a hearing as soon as practicable after the issuance of any
order hereunder, in accordance with O.C.G.A. Chapter 50-13 and, in no event
later than ten (10) days after suspension of the use of a major
facility. |
| (3) |
The Director of
Pipeline Safety shall rescind or suspend a "hazardous facility order" whenever
he determines that the facility is no longer hazardous to life or property.
When appropriate, however, such a recision or suspension may be accompanied by
a notice of violation issued under Rule
515-9-3-.08(1) of
the procedures. |
Any operator subject to an order from the Public Service
Commission may petition the Commission for reconsideration of the order under
Rule
515-2-1-.08 of the Commission's
Rules of Practice and Procedure. Moreover, any operator aggrieved by an order
of the Public Service Commission may seek relief pursuant to O.C.G.A. Chapter
50-13.
All Owners and/or Operators of a buried utility facility in
Georgia shall be a member of the State-wide Utilities Protection
Center.
All Owners and/or Operators of a buried utility facility in
Georgia shall comply in all respects, with Title 25, Chapter 9 of the Official
Code of Georgia Annotated.
