CHAPTER Puc 500 RULES FOR GAS SERVICE
REVISION NOTE:
Document #6445, effective 1-28-97,
made extensive changes to the wording and numbering of rules in Chapter Puc
500. Document #6445 supersedes all prior
filings for the sections in this chapter.
The prior filings for former Chapter Puc 500 include the following
documents:
#2011, eff 5-4-82
#2283, eff 1-18-83
#2338, eff 4-11-83
#2418, eff 7-10-83
#2549, eff 12-26-83
#2912, eff 11-26-84
#3131, eff 10-3-85
#5001, eff 11-26-90
#5717, eff 10-7-93
#6381, INTERIM, eff 11-27-96, EXPIRES:
3-27-97
PART Puc 501
APPLICATION OF RULES
Puc 501.01 Application
of Rules.
(a) Puc 503 Puc
511 shall apply to all utilities, with the exception of LPG operators and
landfill gas operators, engaged in the business of manufacturing, distributing,
selling, transmitting or transporting gas in the state of New Hampshire.
(b) Puc 512 and 513
shall apply only to LPG operators and landfill gas operators as defined in Puc
502.11 and Puc 502.14.
Source.
(See Revision Note at Chapter heading
for Puc 500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334,
eff 5-10-13
Puc 501.02 Purpose. The purpose of these rules is to implement
the Commissions responsibility pursuant to the Natural Gas Act, 15 USC § 717
(c), the Natural Gas Pipeline Safety Act, 49 USC § 60105, and New Hampshire law
regulating gas utilities and gas utility service.
Source. #8259, eff 1-19-05; ss by #10334, eff 5-10-13
PART
Puc 502 DEFINITIONS
Puc 502.01
"Check flow" means a flow rate of 15% to 25% of the rated
capacity of a meter.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 502.02
"Commission" means the
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss and moved by #8259, eff 1-19-05 (from Puc
502.01); ss by #10334, eff 5-10-13
Puc 502.03
"Cubic foot" means, for the purpose of measurement of gas to a
customer, the amount of gas which occupies a volume of one cubic foot under the
conditions existing in the customer's meter as and where installed, provided
such meter is not subject to abnormal temperature conditions unless the meter
is designed with temperature compensation.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss and moved by #8259, eff 1-19-05 (from Puc 502.02);
ss by #10334,
eff 5-10-13
Puc 502.04
"Economic conservation" means conservation activities that
cost less to implement than the value of the resources saved.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss and moved by #8259, eff 1-19-05 (from Puc 502.03);
ss by #10334,
eff 5-10-13
Puc 502.05
"Fast" means greater than plus 2% accuracy.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss and moved by #8259, eff 1-19-05 (from Puc 502.04);
ss by #10334,
eff 5-10-13
Puc 502.06
"Gas" means any manufactured or natural gas or any combination
thereof.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss and moved by #8259, eff 1-19-05 (from Puc 502.05);
ss by #10334,
eff 5-10-13
Puc 502.07
Incident means incident as defined in 49 CFR Part 191.3.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss and moved by #8259, eff 1-19-05 (from Puc 502.06);
ss by #10334,
eff 5-10-13
Puc 502.08
Jurisdictional LPG system" means:
(1) A system involving a single source which
serves 10 or more customers; or
(2) A system where more than one customer is
located in a public place.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss and moved by #8259, eff 1-19-05 (from Puc 502.07);
ss by #10334,
eff 5-10-13
Puc 502.09
Landfill means a facility which collects and disposes of waste by
landfilling methods. The term includes facilities that collect and store waste
indefinitely. The term does not include incinerators, land application sites,
surface impoundments and injection wells.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss and moved by #8259, eff 1-19-05 (from Puc 502.09);
ss by #10334,
eff 5-10-13
Puc 502.10 Landfill
gas means any flammable composed of methane and carbon dioxide and produced by
aerobic and anaerobic decomposition of organic solid waste in a landfill.
Source. #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 502.11
"Landfill gas operator" means a person who engages in the
transportation of landfill gas off site from the premises in which it was
gathered except where the landfill gas is transferred in a pipeline that
operates at less than atmospheric pressure from the premises where it was
gathered to the premises where it is used and where both premises are
controlled by the same entity.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss and moved by #8259, eff 1-19-05 (from Puc 502.08);
ss by #10334,
eff 5-10-13
Puc 502.12
"LNG" means liquefied natural gas.
Source. #8259, eff 1-19-05; ss by #10334, eff 5-10-13
(from Puc 502.07)
Puc 502.13
"LPG" means liquefied petroleum gas.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss and moved by #8259, eff 1-19-05 (from Puc 502.10);
ss by #10334,
eff 5-10-13 (from Puc 502.08)
Puc 502.14 "LPG operator" means a person who engages in
the transportation of propane gas. An
LPG operator includes but is not limited to an individual or supplier
operating a jurisdictional LPG system in a housing project, apartment complex,
condominium, manufactured home park, shopping center or other system except
those systems operated in support of a utility.
Source. #6445, eff 1-28-97; ss and moved by #8259,
eff 1-19-05 (from Puc 502.11); ss by #10334, eff 5-10-13
Puc 502.15
"Master meter system" means any underground gas pipeline
system operated by a residential or commercial customer of a New Hampshire gas
utility and utilized for the distribution of gas to ultimate consumers within,
but not limited to, a definable area, such as a manufactured housing park, a
housing project or an apartment complex, where the operator purchases metered
gas from a public utility for resale through the operator's distribution
system, which is beyond the control of the utility, and where the ultimate
consumers served by the operator's distribution system purchase the gas
directly through a meter or by other means, such as through rents.
Source. #6445, eff 1-28-97; ss and moved by #8259,
eff 1-19-05 (from Puc 502.12); ss by #10334, eff 5-10-13
Puc 502.16
"Meter" means a device which measures gas flow and which may
include a gas diaphragm type, a rotary positive displacement type, an
inferential turbine type or an ultrasonic type.
Source. #8259, eff 1-19-05; ss by #10334, eff 5-10-13
(from Puc 502.09)
Puc 502.17 "Open
Flow" means a flow
rate of 80% to 120% of the rated capacity of a meter.
Source. #6445, eff 1-28-97; ss and moved by #8259, eff
1-19-05 (from Puc 502.13); ss by #10334, eff 5-10-13 (from Puc 502.10)
Puc 502.18
"Peak Shaving" means the use of fuels and equipment to
generate or manufacture gas to supplement the normal supply of pipeline gas
during periods of extremely high demand.
Source. #10334, eff 5-10-13 (from Puc 502.11)
Puc 502.19
"Person" means an individual, firm, joint venture,
partnership, corporation, association, state, cooperative association, or joint
stock association, and includes any trustee, receiver, assignee, or personal
representative thereof but shall not include a municipality operating a gas
system pursuant to RSA 38.
Source. #10334, eff 5-10-13 (from Puc 502.12)
Puc 502.20
"Public place" means a place which is generally open to all
persons in a community, such as churches, schools, and commercial buildings, as
well as any publicly owned rights-of-way or property.
Source. #10334, eff 5-10-13
Puc 502.21
"Slow" means greater than minus 2% accuracy.
Source. #10334, eff 5-10-13 (from Puc 502.13)
Puc 502.22 "Standard
gravitational force" means acceleration at 32.17 feet per second squared.
Source. #10334, eff 5-10-13 (from Puc 502.14)
Puc 502.23
"Total heating value" means the number of British thermal units
(Btu) produced by the combustion, at constant pressure, of the amount of gas
which would occupy a volume of one cubic foot at a temperature of 60 degrees
Fahrenheit and under standard gravitational force with air of the same
temperature and pressure as the gas, when the products of combustion are cooled
to the initial temperature of the gas and air, and when the water formed by
combustion is condensed to the liquid state.
Source. #10334, eff 5-10-13 (from Puc 502.15)
Puc 502.24
"Turbine Meter" means an inferential type meter.
Source. #10334, eff 5-10-13 (from Puc 502.16)
Puc 502.25
"Utility" means any "public utility" as defined in
RSA 362:2 engaged in the manufacture, distribution, sale, transmission or
transportation of gas in the state, as limited in RSA 362:4-b with respect to
liquefied petroleum gas.
Source. #10334, eff 5-10-13
PART
Puc 503 SERVICE PROVISIONS
Puc 503.01 Filing
of Tariffs. No utility shall render
service until a complete tariff, containing terms and conditions and rate
schedules, shall have been published and filed with the commission in
accordance with Puc 1600.
Source. (See Revision Note at Chapter heading Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 503.02 Measurement
of Services. A utility shall charge for
all gas sold or transported on a metered basis.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 503.03 Meter
(a) Each service
meter of the displacement type shall indicate clearly the cubic feet of gas
registered.
(b) When gas is
measured under high pressure or when the quantity is determined by calculation
from recording devices, the utility shall supply the customer with the
information needed to make clear the method by which the quantity is
determined.
(c) All meter
constants shall be plainly marked on the face of the meter.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 503.04 Change
in Character of Service.
(a) A utility shall
provide certain services to its customers when service conditions such as
change in pressure or composition of the gas affect or would affect efficiency
of operation or adjustment of appliances.
(b) When any change
occurs as described in (a) above, a utility shall, without undue delay and
without charge, inspect the appliances of its customers and, if necessary,
readjust those appliances for the new conditions.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
PART Puc 504
QUALITY OF GAS SERVICE
Puc 504.01 Heating
Value Requirements.
(a) Each utility
shall establish its own standard heating value for the gas it furnishes the
public. At no time shall the daily
average heating value be less than the established standard. The standard adopted by the utility shall be
stated in its tariff.
(b) Each utility
shall, unless it only takes gas from interstate pipelines or obtains a waiver
pursuant to Puc 201.05, maintain equipment for measuring thermal content as
follows:
(1) Each utility shall maintain a standard
calorimeter outfit or gas chromatograph for the regular determination of the
heating value of gas sold; and
(2) Each utility shall use the manufacturer's recommended
procedures as a basis for:
a. Maintaining the accuracy of all calorimeters
and gas chromatographs; and
b. The method of measuring heating value tests.
(c) The total
heating value of the gas shall be determined at least once daily and more often
as is necessary to obtain an accurate record of the average heating value and
of the fluctuation in heating value.
(d) Each utility
shall provide a definition in its tariff of the methodology used to determine
the thermal heating value.
(e) To obtain the
monthly average heating value the results of all tests of heating value made on
any day during the calendar month shall be averaged, and the average of all
daily averages shall be taken as a monthly average.
(f) If a utility's
calorimeter or gas chromatograph is of the recording type, its record shall be
used in determining the average heating value provided that the recording
calorimeter or gas chromatograph is checked at least annually.
(g) Heating value reports
shall be made to the commission on Form E-6 once a month pursuant to Puc
509.08.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 504.02 Purity
Requirements. All gas distributed in
New Hampshire shall contain not more than 20 grains of total sulphur per 100
cubic feet nor more than one fourth of one grain of hydrogen sulphide per 100
cubic feet. Upon customer request, the
utility shall provide the sulphur content for the volume billed.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 504.03 Pressure
Requirements.
(a) Pipeline systems
containing cast iron segments shall be limited to a maximum pressure of 13.8
inches of water column.
(b) Consistent with
system design, the pressure at the outlet of any customer's service meter shall
never be:
(1) Less than 4 inches of water column; or
(2) Greater than 13.8 inches of water column,
except by written agreement with the customer.
(c) In order to
maintain records of pressure, each utility shall maintain in continuous
operation a sufficient number of pressure recording devices in each area where
the utility maintains a distribution system.
(d) All pressure
records obtained under paragraphs (b) or (c) above shall be retained by the
utility for at least 5 years and shall be available for inspection by the
commission or its agents.
(e) For pressures at
the outlet of any customers service meter that exceed (b) (2) above, a legible
permanent identification that includes the maximum delivery pressure shall be
installed at the service meter no later than July 1, 2016. If the utility determines that a previously
installed identification is not present, the utility shall install a new
permanent identification as soon as practicable but no later than 60 days upon
discovery of the missing identification.
(f) The utility
shall retain a copy of all written customer agreements for the initial
installation of any service with delivering pressures greater than 13.8
inches of water column. Such records shall
be retained until the service line has been abandoned.
(g) Each utility
shall make reports of pressure complaints monthly to the commission on Form E-8
pursuant to Puc 509.10.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 504.04 Interruptions
of Service.
(a) Each utility
shall use all practicable means to avoid interruptions to service, including
maintaining appropriate levels of maintenance and planning for unexpected
events.
(b) Should
interruptions occur, a utility shall reestablish service within the shortest
time practicable consistent with safety.
(c) Each utility
shall keep a record of all interruptions to service.
(d) Each utility
shall include in its record of service interruptions the following:
(1) The date and time of interruption;
(2) The approximate number of customers affected;
(3) The date and time of service restoration;
(4) The cause of such interruption when known;
and
(5) A description of steps taken to prevent its
recurrence.
(e) Each utility
shall provide emergency notification to the commission of service interruptions
as provided in Puc 504.05(a).
(f) Each utility
shall report to the commission all service interruptions on Form E-23, pursuant
to Puc 509.12, once a month, if any interruption occurs.
(g) When service is
interrupted to perform work on lines or equipment, such work shall be done at a
time causing minimum inconvenience to customers consistent with the
circumstances.
(h) Customers
seriously affected by interruption to service to perform work on lines or
equipment shall be notified in advance, if practicable.
(i) A utility shall
provide actual notice of a planned service interruption to any customer of
which it has notice whose service will be interrupted and who would encounter a
potentially life-threatening situation as a result of a service interruption of
the type planned.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 504.05 Emergency
Notification.
(a) The utility
shall notify the safety division of the commission by telephone when any of the
following events occur:
(1) A release of gas from a pipeline, release of
LNG or LPG, or release of gas from a LNG or LPG facility that results in:
a. A death;
b. Personal injury necessitating same day
professional medical treatment; or
c. Estimated property damage of $5,000 or more;
(2) A fire or an explosion at, or emergency
shutdown of, a liquefied natural gas facility, or propane-air facility;
(3) An evacuation of a building conducted by a
fire department, utility or other emergency personnel because of the presence
of gas in the atmosphere or in, or in the immediate vicinity of, the building;
(4) An unplanned service interruption or gas
outage that is expected to result in 50 or more customer outage hours;
(5) A single outage occurring at a state,
federal, or municipal facility, hospital, school or other facility in which the
public could be affected;
(6) A breach of security or other threat that
jeopardizes the operation of a utilitys major facilities;
(7) Any exceedance of maximum allowable operating
pressure of any duration, including accidental overpressurizations, consistent
with Puc 506.01(a);
(8) A gas facility-related event, that the
utility is aware of or has reason to believe has been or will be reported in
the news media, including, but not limited to, a shutdown of a major highway,
arterial roadway or rail system, or where a person identified as a news
reporter was present;
(9) When the utility confirms that levels of
odorant do not meet the requirements of Puc 506.02(m); or
(10) An event which is significant in the judgment
of the utility, even though it is not described above.
(b) A utility shall
not be required to determine or document the presence or involvement of gas in
any incident or event before notifying the commission.
(c) The telephone
notification shall be made promptly, but no more than one hour following confirmed
discovery by the utility of the event or any incident defined in Puc 504.06.
(d) The utility
shall provide to the commission representative who responds to the call the
following information:
(1) Identity of reporting utility;
(2) Name, title, and location of the person
reporting the incident and contact information;
(3) Location of the incident including street
address and city or town;
(4) Number of known or estimated fatalities and
personal injuries, if any;
(5) Type and extent of known or estimated
property damage;
(6) Description of the incident or event
including any significant facts known by the utility that relate to the cause
and resolution of the problem;
(7) Date and hour the incident occurred and was
discovered by the utility and, to the extent known, by any other party;
(8) For a service interruption, gas outage, or
evacuation of a building, the estimated or known number of people and/or
customers affected and the estimated or actual duration of the outage; and
(9) When the Office of Pipeline Safety of the
United States Department of Transportation was, or will be, notified of the
incident, if applicable.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 504.06 Incident
Reporting.
(a) In addition to
the emergency notification required in Puc 504.05, a utility shall also report in
writing to the commission any incident occurring in connection with its
facilities and services, as follows:
(1) In accordance with 49 C.F.R. §191.9 and
§191.15, a utility shall report to the commission, within 20 days following
discovery, any incident which the utility shall be required to report to the
federal Office of Pipeline Safety pursuant to 49 C.F.R. 191.9, which report
shall be made on federal Department of Transportation form PHMSA F 7100.1,
which is entitled, "Incident Report - Gas Distribution Systems" and a
copy thereof shall be submitted to the commission; and
(2) A utility shall report each month, pursuant
to Puc 509.15, the status of any leaks occurring in its gas distribution
system.
(b) A utility shall
file any report required pursuant to (a)(1) above in addition to any report
required pursuant to (a)(2).
(c) When additional
relevant information is obtained after a report under this section is
submitted, the utility shall make a supplementary report to the commission
conveying this information.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 504.07 Emergency
Response.
(a) For any utility
that serves a single municipality or serves fewer than 2,500 customers,
emergency response times shall be limited to within 30 minutes.
(b) Reports on
emergency response times shall be submitted as follows:
(1) For any response time in excess of 30 minutes,
the utility shall report the amount of time it took to arrive at the location
of the report of gas odor, the location of the report of gas odor, and a
detailed explanation for its failure to respond to the location within 30
minutes and preventive measures taken to limit potential future exceedances.
(2) On a monthly basis the utility shall report
the number of gas odors responded to, leaks and other unplanned releases of gas
responded to, and any other emergency responses. The report should include the date, time and
location of emergency response and reason for emergency response.
Source. #8259, eff 1-19-05; ss by #10334, eff 5-10-13
PART Puc 505
METER INSTALLATION, ACCURACY AND TESTING
Puc 505.01 Meter
Installations.
(a) Unless it
obtains a waiver from the commission pursuant to Puc 201.05, each utility shall
provide and install at its own expense and shall continue to own, maintain and
operate, all equipment necessary for the regulation and measurement of gas to
its customers.
(b) When additional
meters or increased pressures at the meter outlet, exceeding those required by
Puc 504.03, are furnished by the utility at the request of a customer, a charge
for such meters, equipment and the labor to install them may be made to the
customer consistent with existing retail rates.
(c) Meter
installations shall be protected from anticipated or potential dangers,
including but not limited to vehicles, ice, snow, flooding, or corrosion.
(d) No gas utility
in this state shall provide gas service to any master meter system constructed
after July 1, 2013, without written approval from the commission. The commission shall approve such service
only if found to be consistent with safe and reliable service requirements set
forth in these rules and the associated rates and charges for such service are
found to be just and reasonable pursuant to RSA 378.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 505.02 Inspection
of Meters.
(a) Each utility
shall take all necessary steps to have each of its meters accurately measure the
flow of gas.
(b) All new meters
shall be inspected for measurement accuracy before being installed on a
customer's premises.
(c) All meters
removed from service which are to be reinstalled shall be:
(1) Inspected for measurement accuracy; and
(2) Repaired by replacing worn or damaged parts.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 505.03 Test
and Calibration of Meters.
(a) Each utility
shall test all meters for accuracy at both check flow and open flow, as found,
prior to adjustment or repair, except for meters removed from service
specifically for known leakage, damage, tampering, or non-registration, and
meters that have been selected for retirement.
(b) Each utility
shall monitor those meters which have been removed from service specifically
for known leakage, damage or non-registration on an annual basis to identify
problems with certain meter types or manufacturer.
(c) Each utility
shall calculate meter accuracy by adding open flow accuracy and check flow
accuracy, and dividing the sum by two.
(d) Each utility
shall maintain records for each group of meters and shall include in such records
the meter accuracy rates for each group for the previous calendar year.
(e) The established
meter groups identified in Table 505-1 shall be tested under this part as
follows:
Table 505-1 Established Meter
Groups
GROUP |
TYPE |
CAPACITY |
|
|
|
A |
Diaphragm |
0 to 500 cubic feet per hour (CFH) |
B |
Diaphragm |
Greater than 500 CFH |
C |
Rotary |
All |
D |
Turbine |
All |
E |
Ultrasonic |
All |
(f) Utilities shall divide
the meter accuracy data into 3 accuracy categories, each expressed as a
percentage of the total number of meters in a group, as follows:
(1) Slow meters;
(2) Those meters with an accuracy rate of plus or
minus 2 percent; and
(3) Fast meters.
(g) When calculating
the accuracy categories for (f) (1) through (3) above, the utility shall round
the result up to the next whole number.
(h) When a remote
meter read device is utilized, the utility shall verify the accuracy of the
remote read device whenever the meter is removed from service.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 505.04 Test
Schedule for Gas Meters.
(a) Utilities shall
not be required to test meters with a purchase year which indicates an age of
10 years or less provided that the meters belong to a group identified in Puc
505.03(e) demonstrating an accuracy rate of 96 percent or better, and the
utility has the manufacturers proof test on file.
(b) Each utility
shall, on an annual basis, calculate an accuracy rate for each group of meters
identified in Table 505.1 of Puc 505.03(e) by calculating the percentage of
slow, fast and accurate meters in the group for purposes of determining the
number of meters to be brought in for testing in the subsequent year.
(c) Each utility shall, on an annual basis
beginning March 1, 2005, examine the previous years tested meter accuracy data
for each group of meters identified in Table 505.1 of Puc 505.03(e) to
determine the sampling plan for the current year.
(d) Each utility
shall use accuracy data derived in the previous years testing for the
establishment of the minimum quantity of meters to be tested per group for the
current year.
(e) The applicable accuracy rate shall determine
the minimum number of meters to be tested according to Table 505-2.
Table 505-2 Minimum Number of Meters to be Tested at
Accuracy Rates
per Group Identified in
Puc 505.04(d)
Number of Meters Active in Meter Group |
Accuracy Rates |
|||||
|
|
|
|
|
||
96 to 100% |
93 to 95% |
90 to 92% |
87 to 89% |
less than 87% |
||
|
|
|
|
|
|
|
2 to 8 |
5 |
5 |
5 |
5 |
Testing as provided in
Puc 505.04(g) |
|
9 to 15 |
5 |
5 |
5 |
8 |
||
16 to 25 |
5 |
5 |
8 |
13 |
||
26 to 50 |
5 |
8 |
13 |
20 |
||
51 to 90 |
8 |
13 |
20 |
32 |
||
91 to 150 |
13 |
20 |
32 |
50 |
||
151 to 280 |
20 |
32 |
50 |
80 |
||
281 to 500 |
32 |
50 |
80 |
125 |
||
501 to 1,200 |
50 |
80 |
125 |
200 |
||
1,201 to 3,200 |
80 |
125 |
200 |
500 |
||
3,201 to 10,000 |
125 |
200 |
500 |
1,000 |
||
10,001 to 35,000 |
200 |
500 |
1,000 |
2,000 |
||
35,001 to 100,000 |
500 |
1,000 |
2,000 |
3,000 |
||
Greater than 100,000 |
1,000 |
2,000 |
3,000 |
4,000 |
(f) For any group of
meters with accuracy rates of 95% or less, the utility shall randomly select
the meters to test as follows:
(1) The utility shall select 80% of those meters for
testing from the group of meters that have operated for the longest period of
time without being tested; and
(2) The utility shall select 20% of those meters
for testing from the group of meters removed from service for non-use or load
change.
(g) For any group of
meters with accuracy rates of 87% or less, the utility shall attempt to
determine the defect responsible for failure and, if the utility cannot
identify the defect, or, if the defect is due to the manufacturer, the entire
group of meters shall be removed from service.
(h) Utilities shall
conduct calibration and accuracy tests of rotary and turbine meters either in
the field or at a meter shop and in accordance with manufacturer-recommended
procedures and performance standards.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 505.05 Customer Requested Tests.
(a) When a customer
requests a meter test, a utility shall follow the following procedures:
(1) The utility shall test the accuracy of the
customer's meter within 15 days from the time the request is made;
(2) If the meter has been tested at no charge during
the preceding 6 months, a utility may require the deposit of a fee in an amount
as specified in the utility's current tariff for such a test;
(3) If upon testing the meter is found to be in
error by more than 2%, the deposit shall be promptly refunded;
(4) If the meter is not found to be in error by
as much as 2%, the utility may retain the amount deposited for the test;
(5) A customer may be represented in person or by
an agent when the utility conducts the test of the customers meter; and
(6) The utility shall provide to the customer
within 30 days after completion of the test a report giving:
a. The name of the customer requesting the test;
b. The date of the request;
c. The location, the type, make, size and the
serial number of the meter;
d. The date tested; and
e. The result of the test.
(b) When a customer
makes written application to the commission for testing of a meter, the
following shall occur:
(1) The commission staff shall arrange to have the
meter tested in staffs presence, as soon as practicable; and
(2) The utility, when notified of a customer
application for a meter test as herein provided, shall not knowingly remove,
interfere with, or adjust the meter to be tested without the written consent of
the customer and approval by the commission for a waiver pursuant to Puc
201.05.
(c) Reports of
periodic tests of meters shall be submitted to the commission on a Form E-7,
pursuant to Puc 509.09, once a year.
Reports of requests for tests shall be submitted to the commission on
Form E-24, pursuant to Puc 509.13, once a month.
(d) The utility
shall retain a complete record of the last test made on a meter.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 505.06 Customer
Bill Adjustments.
(a) When a
customers meter or remote read device has been found to be fast or slow, as a result
of a meter test made by or on behalf of the utility and at the request of the
customer, an adjustment shall be made to the customers bill.
(b) If the meter or
remote read device is found to be a fast meter, the utility shall refund to the
customer an amount equal to no less than the charges billed for the excess gas
over the previous 24 months of billing.
(c) If the meter or
remote read device is found to be a slow meter, the utility shall bill the
customer for no more than the unbilled gas supplied during the previous 6
months.
(d)
If the meter or remote read device is found to not be registering usage,
the utility shall bill the customer for no more than the gas it determines the
customer used during the previous 6 months.
Determination of gas used shall be based upon information recorded by
the meter prior or subsequent to the period of non-registration and on any
other pertinent information supplied by the customer or known to the utility.
(e) If a meter is
determined to have been assigned to the wrong customer and the customer has
been billed based on usage recorded on a meter connected to residential or
commercial space not occupied by the customer, the utility shall correct the
billing to the affected customers as follows:
(1) for customers who have been underbilled,
invoices for the billing difference shall cover the customers period of
occupancy or 6 months, whichever is shorter; and
(2) for customers who have been overbilled,
refunds of the billing difference shall cover the period of occupancy or 24
months, whichever is shorter.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss and moved by #8259, eff 1-19-05, (from Puc 505.05);
ss by #10334, eff 5-10-13
Puc 505.07 Testing
Facilities and Equipment.
(a) Each utility
shall maintain the equipment and facilities necessary for accurately testing
all types and sizes of meters employed for the measurement of gas to its customers,
unless arrangements approved by the commission, pursuant to Puc 201.05, have
been made to have such testing done elsewhere.
(b) Meter provers
used by the utility or its agent for the testing of meters shall be of a type recommended
by the manufacturer and of a capacity of not less than 5 cubic feet.
(c) Each meter
prover shall be supplied with accessories needed for accurate meter testing and
shall be located in a room suitable for the work to be done.
(d) The utility
shall maintain, or cause to have maintained on its behalf, the meter prover in
good condition and correct adjustment so that it can determine the accuracy of
any gas meter to within 1/2 of one percent.
Source. #8259, eff 1-19-05 (from Puc 505.06); ss by
#10334, eff 5-10-13
PART Puc 506
EQUIPMENT AND FACILITIES
Puc 506.01 Pipeline
Safety Standards.
(a) All utilities
including those with propane storage facilities shall comply with those
pipeline safety regulations established by the United States Department of
Transportation which are set forth in 49 C.F.R. Parts 191, 192, 193, 198 and
199, including future amendments thereto.
(b) Where Puc 500 or
Puc 800 establishes more stringent safety-related requirements than those
pipeline safety regulations adopted pursuant to (a) above, the more stringent
requirement set forth in Puc 500 or Puc 800 shall apply.
(c) After January 1,
2007, only an individual who meets operator qualifications in accordance with
49 C.F.R. Part 192, Subpart N shall perform an activity which:
(1) Is performed on a pipeline facility, whether
new or existing;
(2) Is an activity involving operations,
maintenance or new construction;
(3) Is performed as a requirement of this part;
and
(4) Affects the operation or integrity of the
pipeline.
(d) Utilities shall
ensure and document that welders performing welding work on utility pipeline
facilities are qualified, as follows:
(1) No utility shall permit a welder to make any
pipeline weld unless the welder has qualified by destructive testing within the
preceding 63 months, but at least once every 5 calendar years in accordance
with 49 C.F.R. §192.7 and Appendix C to Part 192;
(2) Utilities shall verify that any welder
originally qualified under an earlier edition of Section 6 of American
Petroleum Institute Standard 1104, Welding of Pipelines and Related Facilities
(API 1104), as referenced in 49 C.F.R. §192.7, shall be certified by the
referenced edition;
(3) Puc 506.01(d)(1) and (2) shall not apply to
those portions of LNG facilities or propane storage facilities that are not
subject to 49 C.F.R. Part 192; and
(4) No utility shall permit a welder to weld with
a particular welding process unless the welder has engaged in welding with that
process within the preceding 6 calendar months.
Utilities shall verify that a welder who has not engaged in welding with
that process within the preceding 6 calendar months is requalified for that
process as set forth in subsections (1) and (2) above.
(e) In addition to
the above requirements, the operator shall ensure that all welds are visually
inspected by a welding inspector qualified in accordance with API 1104, section
8.3, and that welds are evaluated consistent with API 1104, section 9, as
referenced in 49 C.F.R. § 192.7.
(f) For projects
that include welds on any pipeline main or transmission line operating at
pressures greater than 60 pounds per square inch gauge (psig), or welds at a
service and main interface or a service and transmission line interface
operating at such pressures, or any welding project involving a pressure
regulator station, the operator shall:
(1) Conduct a non-destructive field test on at least
10 percent of welds completed for a project that consists of at least 10 welds;
or
(2) Conduct a non-destructive field test on at
least one weld for projects that include 5 to 9 welds.
(g) Non-destructive
tests shall include but not be limited to radiographic, magnetic particle,
liquid penetrant, or ultrasonic tests, but shall not include visual inspection,
and shall be evaluated using the criteria set forth in API 1104, section 9, as
referenced in 49 C.F.R. §192.7.
(h) If any weld
fails a non-destructive test, that weld shall be repaired and retested, and the
utility shall perform non-destructive tests on no less than 50 percent of all
welds for that project. Upon additional
failures, the utility shall repair the failed welds and perform non-destructive
tests on 100 percent of all welds for that project.
(i) Puc 506.01(e),
(f), (g) and (h) shall not apply to those portions of LNG facilities or propane
storage facilities that are not subject to 49 C.F.R. Part 192.
(j) Inspection of
Materials as required by 49 C.F.R §192.307 and Repair of Pipe as required by 49
C.F.R §192.311 shall be applicable to all plastic pipelines including services.
(k) A utility shall
ensure the periodic inspection and calibration of all equipment, used in
construction, operations, and maintenance activities where improper calibration
or failure to inspect could impact its performance. Equipment calibrations shall be in accordance
with the frequencies defined in the manufacturers' procedures and
specifications.
(l) Utilities shall
have the means to verify calibrations of all such equipment covered under (k)
above in the field upon the request of the safety division.
(m) Whenever
conditions permit, gas service lines installed after July 1, 2013 shall be installed
with a cover of not less than 18 inches above the top of the pipe, except where
interference with other sub-surface structures or the insertion of previously
installed service lines makes it impracticable to maintain this depth of cover.
In such cases, applicable protective devices such as steel plating or concrete
padding shall be installed. Installation
of protective devices shall be documented and records kept for the life of the
pipeline.
(n) Utilities shall
not install or operate a gas regulator that could release gas closer than 3
feet to a source of ignition, an opening into a building, an air intake into a
building or any electrical source not intrinsically safe, as follows:
(1) The 3-foot clearance from a source of
ignition shall be measured from the vent or source of release (discharge port),
not from the physical location of the meter set assembly; and
(2) For encroachment within the required 3-foot
clearance caused by an action of the property owner or occupant after the
initial installation, the encroachment shall be resolved by extending the
regulator vent to meet this requirement within 90 days of discovery.
(o) Pipelines shall
be laid on continuous bedding consisting of suitable rock free materials or
well compacted soil as follows:
(1) If piping is to be laid in soils which may
damage the piping, the piping shall be protected before back-filling is
completed;
(2) Plastic piping shall not be supported by
blocking; and
(3) Well tamped earth or other continuous support
shall be used.
(p) Gate stations
and district regulating stations that utilize regulator(s) to provide the
primary means of overpressure protection shall be designed and installed to incorporate
equipment that indicates the station outlet pressure and confirms the proper
operation of the regulator(s) as follows:
(1) Such equipment may
include telemetering equipment that communicates with central SCADA systems,
local chart or digital pressure recorders or other local indicator;
(2) When the operator chooses to use a pressure
gauge as the separate device to comply with this section, the pressure gauge
shall have the capability to record the high pressure, such as a recording
chart or tattle-tale needle, but a standard sight gauge shall not be deemed
adequate for this purpose; and
(3) Utilities shall inspect pressure regulating
stations monthly to ensure proper operation and to confirm the proper operation
of the regulating equipment.
(q) Each customer
meter, gas regulating station, or any aboveground gas transporting facility
shall be permanently marked to identify the operators name.
(r) Gas regulating
stations and aboveground gas transporting facilities shall be permanently marked
to identify the operators contact information for emergencies.
(s)
Marking of facilities under (q) and (r) above shall be accomplished by
metal signs, line markers, plastic decals, or other appropriate means and shall
be completed by July 1, 2016.
(t) Each single fed
distribution system shall be equipped with telemetering or recording pressure
gauge or gauges as may be required to properly indicate the gas pressure in the
system at all times, in accordance with the following:
(1) At least once each year the pressure
variation shall be determined throughout each system; and
(2) By January 1, 2016, telemetering shall be the
sole method used to properly indicate the gas pressure at all times for each
single fed distribution system when the following conditions are present:
a. The single fed distribution system serves
more than 150 customers; or
b. The downstream
temperature on the outlet side of the pilot operated pressure regulator(s) is
predicted to be lower than 32 degrees Fahrenheit and no system pre-heat or
regulator pilot heat is installed.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 506.02 Construction,
Operations and Maintenance.
(a) Except as
established herein or by municipal regulations that are more stringent than the
state or federal requirement, each utility shall construct, install, operate
and maintain its plant, structures, equipment and gas pipelines:
(1) In accordance with all applicable federal and
state requirements, including but not limited to the requirements of the
"Utilities Accommodation Manual," February 2010 edition, of the New
Hampshire state department of transportation adopted by the commissioner
pursuant to the powers granted under RSA 228:21, which establishes uniform
practice regarding the accommodation of utilities within state highway
rights-of-way;
(2) After weighing all factors,
including potential delay, cost and safety issues in such a manner to best accommodate the public, giving particular weight to safety issues that
affect the public; and
(3) To prevent potential interference with
service furnished by other utilities including electric, telephone, water,
sewer, steam and other underground or above ground facilities.
(b) Pipelines shall
be laid at least 12 inches away from any other underground structure unless
such clearance cannot be achieved in which case they shall be laid in proximity
with other underground structures as is consistent with good engineering
practice. Clearances less than 12 inches
shall be documented and records kept for the life of the pipeline.
(c) No new pipeline
installation shall be made in any non-accessible areas under any building after
July 1, 2013.
(d) Written
construction procedures shall include specific provisions for directional
drilling and other trenchless technology installation methods that minimize the
potential damage to gas pipelines and other underground facilities as listed in
506.02(a)(3).
(e) Gas pipelines,
including new proposed construction or replacements, that are to be operated at
a pressure greater than 60 pounds per square inch gauge shall not be installed
under roads, public waters or railroad crossings without notification to the
commissions safety division at least 10 days prior to construction of the
crossing and vicinity.
(f) The utility
shall avoid any interfering structure which provides a space in which a
substantial accumulation of explosive mixture might accumulate in the event of
a leak. Preference shall be given to
crossing over rather than under such structure but minimum cover requirements
shall be maintained. In those situations
where minimum cover cannot be maintained, applicable protective devices such as
steel plating or concrete padding shall be installed. Installation of protective devices shall be
documented and records kept for the life of the pipeline wherever
possible.
(g) Each utility
shall design and install all electrical wire fixtures and devices in accordance
with the National Electric Code as adopted by RSA 155-A:1, IV.
(h) All meter and regulator
station buildings shall be provided with permanent natural draft ventilating
devices sufficient to accomplish an average of 5 changes of air per hour.
(i) Each utility
shall comply with the requirements for purging pipelines established by the
Purging Principles and Practice, 2001 edition, of the American Gas Association.
(j) Within 2 years
of a meter being continuously locked or removed, the utility shall disconnect
from the main and abandon all gas service lines with the exception of cathodically
protected or plastic gas service lines which shall be disconnected from the
main and abandoned within 10 years of the meter being continuously locked or
removed.
(k) All utilities
shall map in their mapping system any main that is abandoned after February 1,
2005.
(l) All utilities
shall maintain records of any service line that has been abandoned after
February 1, 2005.
(m) All combustible
gases transported or distributed by a pipeline shall have a distinctive odor of
sufficient intensity so that at a concentration of one-fifth of the applicable
lower explosive limit, in accordance with Table 508-1, the odor is readily
perceptible to the normal or average olfactory sense of a person coming from
fresh, uncontaminated air into a closed room.
(n) Whenever
necessary to maintain the level of odorization intensity described in (m)
above, a suitable odorant shall be added in accordance with the following
specifications:
(1) The odorant shall be harmless to humans,
non-toxic, and shall be non-corrosive to steel, iron, brass, and plastic or any
other material used by the utility in handling gas;
(2) The odorant shall not be soluble in water to
an extent greater than 2.5 parts by weight of the odorant to 100 parts by
weight of water;
(3) The products of combustion from the odorant
shall be non-toxic to a person breathing air containing these products of
combustion and shall not be corrosive or harmful to material which normally
would be exposed to such products;
(4) Equipment for introduction of the odorant
into the gas shall be so designed and so built as to avoid wide variation in
the level of odor in the gas;
(5) The equipment and facilities for handling the
odorant shall be located where the escape of odorant would not be a nuisance;
and
(6) At least 12 times per calendar year, at
intervals not exceeding 45 days, each utility shall sample gas distributed at
places downstream of all injection points to assure the presence of odorant in
a concentration that is in accordance with Puc 506.02 (m). This testing of samples shall be conducted
using equipment manufactured specifically for odorant testing, calibrated per
manufacturers instructions and at locations equivalent to the further points from
the source or system extremities of each pressure system. Each utility shall have the capability of
promptly injecting odorant if the odorant levels are detected below those of
Puc 506.02(m).
(o) The utility
shall provide, upon the request of the commission, written verification that the
pipeline has been constructed and tested in accordance with all applicable
federal and state requirements.
Verification documentation shall be maintained for the life of the
pipeline segment constructed and tested.
A recordable device shall be used for documentation.
(p) The verification
required in (o) above shall include, at a minimum, the following information:
(1) Test pressure;
(2) Duration of test;
(3) Test date;
(4) Type of test, such as hydrostatic/air;
(5) Normal and maximum operating pressure to
which the pipeline will be subjected;
(6) Material type and fitting type, including
specification, tested;
(7) Individual company performing test; and
(8) Location of
beginning of segment tested and location of end of segment tested.
(q) The utility
shall submit to the commission a supplemental verification, including figures
and maps, as appropriate, whenever:
(1) Any change of 10% or more is made in the
operating pressure; or
(2) Any change in location is made to the
pipeline because of road relocations.
(r) Operating and
maintenance procedures and emergency plans shall be documented according to a
plan as follows:
(1) Each utility shall establish a written operating
and maintenance plan pursuant to 49 C.F.R. §192.603 including the criteria set
forth in 49 C.F.R. §192.605;
(2) Each utility shall establish a written
emergency plan pursuant to 49 C.F.R. §192.615;
(3) Each
utility shall file with the commission its plans together with any subsequent
amendments;
(4) Each utility shall operate, inspect and
maintain its system in accordance with its plans; and
(5) Each utility shall inspect any new
construction by outside contractors that is or will be incorporated into the
utilitys system to verify that the resulting installation meets company
specifications.
(s) Each utility shall develop and maintain a
written security plan outlining actions necessary to protect the utilitys
facilities from breeches of security or sabotage, and outlining actions to be
taken as required by Homeland Security Presidential Directive-3 and any
subsequent modifications, pursuant to Public Law 107-56, October 26, 2001, as
follows:
(1) The written security plan shall include
preventive measures that address supervisory control and data acquisition (SCADA) systems, control centers and systems, and critical
supply locations, as well as cyber security considerations.
(2) The utility shall permit
the commissions safety division to review the written security plan on utility
premises.
(3) The utility shall provide the commission with
a confidential copy of the security plan upon request.
(t) Integrity management
plans for transmission and distribution systems, public awareness plans, and
operator qualification plans, shall be documented as follows:
(1) Each utility shall establish plans pursuant
to 49 C.F.R. §§192.901, 192.1003, 192.616, 192.801 and Puc 506.01 (c);
(2) Each utility shall file with the commission
its plans together with any subsequent amendments or revisions;
(3) Each utility shall design, construct, test,
operate, inspect and maintain its system in accordance with its plans; and
(4) Integrity management plans shall address any
applicable Federal Advisory Bulletins issued by the Pipeline and Hazardous
Materials Safety Administration (PHMSA) and any results of failure
investigations as required by 49 C.F.R. §192.617.
(u) By July 1,
2015, all operator qualification plans shall list all covered tasks and include
specific abnormal operating conditions for each task. All operator qualifications covered tasks
shall be cross referenced with applicable construction standards or specifications
or applicable operation and maintenance activities including emergency
response.
(v) Construction quality assurance plans shall be
written, followed and documented as follows:
(1) Each utility shall inspect any new
construction by outside contractors that is or will be incorporated into the
utilitys system to verify that the resulting installation meets company
specifications;
(2) A representative number of field verification
audits shall be conducted after field work is completed for specific tasks;
(3) Performance audits shall be conducted to
evaluate a representative sample of various tasks are evaluated during the
actual time that the work is being performed by the employee or contractor;
(4) Construction inspections shall be conducted
frequently enough to encompass most of the new facility installation and
repairs that are done on the utility system;
(5) Detailed forms shall incorporate activity
checklists prepared to cover normal work activities for evaluation or
inspection of specified field work and construction;
(6) Audits of employees and crews shall be
conducted by management personnel (for example, supervisors, engineers) to
ensure that all personnel have reviewed the quality assurance plan and that all
construction work is inspected on a regular basis; and
(7) Utilities shall take remedial action within 3
months to correct or make substantial progress toward correction of any
deficiencies indicated by construction quality assurance audit and inspection
findings.
(w) Each utility
shall take remedial action within 3 months to correct or make substantial
progress toward correction of any deficiencies indicated by monitoring of
cathodically protected pipelines in accordance with 49 C.F.R. Part 192 Subpart
I.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 506.03 On-site
Storage.
(a)
Unless separately addressed in a utilitys integrated resource plan as
defined in Puc 510.01(e), and approved by the commission pursuant to an
adjudicatory proceeding pursuant to Puc 200, each utility shall determine its maximum
projected design week demand based on the coldest historical consecutive 7-day
period, otherwise known as the 7-day design demand, and determine the amount of
firm gas supply to be furnished by natural gas pipeline deliveries and on-site
storage inventory, if any, necessary to satisfy the 7-day design demand.
(b)
In connection with the operation of its peak shaving facilities, each
utility shall retain a minimum on-site storage inventory volume for peak-shaving
between December 1 and February 14 of each year that is equivalent to the
volume of on-site storage inventory deemed necessary to satisfy the 7-day
design demand as determined in (a) above.
(c)
Railway tank cars on the utilitys rail sites shall be considered as
on-site storage.
(d)
A
utility may count as on-site storage 70% of the guaranteed daily delivery
capability over a 5 day period from a firm bulk fuel supply point or off-site
storage facility for any situation in which the utility:
(1) Owns or leases tank trucks;
(2) Has a firm fuel supply purchase contract; or
(3) Has a dedicated supply and delivery service
contract.
(e) As of February
15 of each year, the above minimum on-site storage inventory volume may be
reduced to 75% of the December 1 requirement above.
(f) As of March 1
of each year, the above minimum on-site storage inventory volume may be reduced
to 50% of the December 1 requirement above.
(g) Each utility
shall notify the commission's safety division each week during the period from
December 1 through April 1 of its on-site storage inventory levels.
(h) The
information required by (e) and (d) above shall be submitted by electronic mail
or through the commissions electronic report
filing system (ERF) consistent with Puc 202.05 on each Tuesday, or the next day
following a state holiday.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
PART Puc 507
RECORDS, REPORTS AND ACCOUNTING REQUIREMENTS
Puc 507.01 Records
in General. All records shall be
organized, arranged or prepared to ensure that sufficient data is available to determine
the status of compliance with these rules.
Records pertaining to the system design or that are necessary for future
evaluation of the systems safety shall be retained for the life of the
facility involved.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 507.02 Station
Records. Each utility shall keep
records of the operation of its plant to show the characteristics and
performance of each unit.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
(from Puc 507.01)
Puc 507.03 Gas
Supply Measurement.
(a) Each utility
shall install a suitable measuring device at each source of supply in order
that a record may be maintained of the quantity produced.
(b) Unless
sufficient information is furnished by the utility supplying the gas, each
utility purchasing gas shall maintain adequate instruments and meters to obtain
complete information as to such purchases.
(c) The utility
shall:
(1) Determine on a daily basis the quantity of gas
supply produced or purchased and received from each source of supply; and
(2) Summarize those quantities each month.
(d) The utility
shall record and transmit to the commission its 12 month totals of gas supply
purchased, produced, and received as part of its annual report to the
commission.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
(from Puc 507.02)
Puc 507.04 System
Maps. Each utility shall have on
file at its principal office located within the state a map, maps or drawings
showing the following:
(a) Size, character
and location of its active mains, and its abandoned mains if abandoned after
February 1, 2005, including valves;
(b) Size and
location of each of its active service lines, and its abandoned service lines
if abandoned after February 1, 2005, where practicable, provided that in lieu
of showing service locations on maps, a card record or other suitable means may
be used; and
(c) Layout of all
principal metering and regulator stations and production plants to show size,
location and character of all major equipment, pipe lines, connections, valves
and other equipment used.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
(from Puc 507.03)
Puc 507.05 Meter
Records.
(a) Each utility
shall keep numerically arranged and classified records providing the following
information for each meter owned and used by the utility for any purpose:
(1) Identification number;
(2) Date of purchase;
(3) Name of manufacturer, serial number, type and
rating; and
(4) Information on each customer on whose
premises the meter has been in service, including:
a. Name and address; and
b. Date of installation and removal.
(b) The records required
by (a) above shall be maintained in a manner such that the date of the last
test is readily ascertainable.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
(from Puc 507.04)
Puc 507.06 Preservation
of Records.
(a) Each utility
shall preserve all records pursuant to the requirements set forth in the
Uniform System of Accounts Prescribed for Natural Gas Companies Subject to the
Provisions of the Natural Gas Act, as referred to in Puc 507.08 and adopted by
the commission pursuant to RSA 374:8, except as provided in (b) and (c) below.
(b) Where the
Uniform System of Accounts Prescribed for Natural Gas Companies Subject to the
Provisions of the Natural Gas Act does not specify a requirement for
preservation of a record required to be kept pursuant to Puc 500, the utility
shall preserve such records for a period of not less than 2 years, except as
provided in (c).
(c) If any section
of this chapter requires a utility to preserve any such record for more than 2
years, utilities shall comply with the longer term requirement.
(d) A utility shall:
(1) Keep or make available within
(2) Provide access to such records to the
commission or its representative during normal business hours for examination.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
(from Puc 507.05)
Puc 507.07 Reports
to Commission.
(a) The utility shall
furnish to the commission the results of any required tests and summaries of
any required records pursuant to RSA 374:15.
(b) The utility
shall also furnish the commission with any information concerning the utility's
facilities or operations relating to determining rates or judging the practices
of the utility pursuant to RSA 378:1.
(c) Each utility
shall file periodic reports with the commission as provided in Puc 509 on forms
described in Puc 509 which shall be furnished by the commission upon request.
Source. (See Revision Notes at Chapter heading for
Puc 500 and below) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334,
eff 5-10-13 (from Puc 507.06)
Puc 507.08 Uniform
System of Accounts. Pursuant to RSA
374:8, each utility shall maintain its accounts in conformity with the Uniform
System of Accounts Prescribed for Natural Gas Companies Subject to the
Provisions of the Natural Gas Act promulgated by the United States Federal
Energy Regulatory Commission at 18 C.F.R. Part 201.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97, EXPIRED: 1-28-05
New. #10334, eff 5-10-13 (from Puc 507.07)
Puc 507.09 Short
Term Debt. No utility shall issue or
renew any notes, bonds or other evidences of indebtedness payable less than 12
months after the date thereof without approval by the commission for a waiver
pursuant to Puc 201.05 if such short term debt exceeds 10 percent of the
utilitys net fixed plant.
Source. #10334, eff 5-10-13 (from Puc 507.08)
REVISION NOTE:
Pursuant to RSA 374:8, II and RSA
541-A:21, I(q), as amended effective 7-23-94 by 1994, 193:3 and 193:4, the
uniform system of accounts (USOA) for regulated utilities as referenced in Puc
507.07 is exempt from the rulemaking requirements of RSA 541-A. The text of the USOA is not included in Puc
507.07 above because the publication requirement for rules in RSA 541-A:15, I
does not apply.
By Order No. 21,310 dated August 8,
1994, the New Hampshire Public Utilities Commission (Commission) ordered,
because of 1994, 193, that the USOAs, including the USOA for gas utilities, shall
remain in effect until such time as the Commission shall prescribe, amend,
rescind or otherwise affect the USOAs currently prescribed for regulated
utilities.
The Commission must still file in the
Office of Legislative Services a copy of all USOA rules adopted, amended or
repealed under RSA 374:8. The text of
the USOA for gas utilities subject to Order No. 21,310 was last filed in
Document #6623.
A copy of the USOA as referenced in
Puc 507.07 may be obtained at the New Hampshire Public Utilities Commission,
PART
Puc 508 SAFETY, ACCIDENT AND LEAKAGE
REQUIREMENTS
Puc 508.01 Safety
Practices.
(a) Each utility shall
adopt comprehensive instructions for the safety of employees in the operation,
construction or maintenance of its plant and facilities.
(b) Each utility
shall institute practices and programs to ensure that its employees have been
properly trained in safe practices and are cognizant of all hazards involved.
(c) The
instructions, practices and programs referred to in (a) and (b) above shall
comply with the requirements of 49 C.F.R. §192.605.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 508.02 Resuscitation.
(a) Each utility
periodically shall instruct its employees engaged in electrical work, including
but not limited to those employees who work on all live electric conductors and
equipment, in safety procedures for resuscitation from electrical shock.
(b) The utility
shall instruct all employees engaged in work on gas mains or equipment in
procedures to be followed in cases involving asphyxiation or gas poisoning.
(c) The utility
shall furnish copies of the relevant safety procedures to each such employee.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 508.03 Accidents.
(a) Each utility
shall notify the commission of any accident, as described in Puc 504.05(a),
pursuant to Puc 504.05.
(b) A utility shall
submit a written report to the commission on the commissions Form E-5 Utility
Accident Report, pursuant to Puc 509.07, within 10 working days following the
occurrence of any accident involving a release of gas from a pipeline, a
release of LNG or LPG, or a release of gas from a LNG or LPG facility in which:
(1) Any person has been killed;
(2) Any person has received an injury which
requires same day professional medical treatment;
(3) Any
person has received an injury which incapacitates that person from active work
for a total of 6 days or more during the 10 days immediately following the
accident; or
(4) Any property damage over $5,000 in amount has
been caused.
(c) If any event later
occurs in connection with an accident which renders an accident reportable
under this section or results in an additional reportable occurrence listed in
(b)(1)-(4) associated with a report previously submitted, the utility shall
submit a new or updated report, as appropriate.
(d) A utility shall
submit concurrently to the commission a copy of any written accident or
incident report submitted to the federal government.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 508.04 Leakage
Surveys and Inspections.
(a) For purposes of
this section, "business districts" means the principle business areas
in the urban portion of a community.
(b) The presence of
certain factors shall indicate the presence of a business district, as follows:
(1) The general public regularly congregates in
this area for economic, industrial, religious, educational, health or
recreational purposes;
(2) The majority of the buildings on either side
of the street are utilized for commercial, industrial, religious, educational,
health or recreational purposes;
(3) Gas facilities are under continuous paving
that extends either from the center line of the thoroughfare to the building
wall or from the gas main to the building wall; and
(4) Other locations or sites in the urban portion
of a community which contain a similar density and/or mix of buildings and services
as provided in (1) through (3) above.
(c) Each utility
shall survey distribution mains in business districts on an annual basis.
(d) Each utility
shall conduct a leakage survey of cast iron main lines in business districts on
a repeated basis during the months when frost is in the ground, but not in
conjunction with the survey referred to in (c) above.
(e) Each utility
shall conduct a leakage survey of all unprotected steel services at least once
during each 3 year period and of all protected steel and plastic pipe at least
once during each 5 year period.
(f) Each utility
shall inspect gas mains once each calendar year in locations or on structures
where known physical movement or external loading could cause failure or
leakage and shall patrol such locations at least 3 times each calendar year.
(g) A gas detector
survey of buildings used for public assembly, including schools, churches,
hospitals, theaters, municipal buildings and downtown areas shall be conducted
each year during the period March 1 to December 1.
(h) In completing a
gas detector survey of buildings used for public assembly, as referred to in
(g) above, a utility shall:
(1) Test areas around service entrances, inside
the foundation wall, at conduit or cable entrances below grade and at cracks or
breaks in the foundation wall where gas seepage might enter the basement; and
(2) Test exposed piping from the service entrance
to the outlet side of the meter.
(i) If, when
investigating a leak, it is determined that the perimeter of a leak area
extends to a building wall, the investigation shall continue into the building
unless public safety or identifiable exigent circumstances prohibit entry.
(j) Once public
safety or identifiable exigent circumstances no longer prohibit entry, the
investigation, as provided in (i) above, shall continue into the building, if
the leak has not yet been resolved.
(k) The utility
shall establish a leak repair priority based on its evaluation of the location and
the magnitude of a leak.
(l) The applicable
lower explosive limits (LELs) shall be determined according to Table 508-1
below:
TABLE
508-1 Utility
Lower Explosive Limits & Equivalent
Percent Gas/Air Ratios |
||
% LEL |
Natural
Gas % gas/air |
Propane %
gas/air |
10 |
0.5% |
0.2% |
20 |
1.0% |
0.4% |
30 |
1.5% |
0.6% |
40 |
2% |
0.8% |
60 |
3% |
1.2% |
80 |
4% |
1.6% |
100 |
5% |
2% |
(m) A utility shall
assign a classification of leaks as follows:
(1) A Class I leak shall be a leak that
represents an existing or probable hazard to persons or property, and requires
immediate repair within 24 hours or continuous action until the conditions are
no longer hazardous, consistent with the following:
a. A Class I leak shall include but not be
limited to:
1 Any leak which, in the judgment of operating
personnel at the scene, is regarded as an immediate hazard;
2 Escaping gas that has ignited
unintentionally;
3. Any indication of gas, which has migrated into
or under a building, or into a tunnel;
4. Any reading within five feet of the outside
wall of a building, or where gas would likely migrate to an outside wall of a
building;
5. Any reading of 40% LEL or greater in
accordance with Table 508-1, in an enclosed space including but not limited to
manholes, vaults, and catch basins;
6. Any leak that can be seen, heard, or felt,
and which is in a location that may endanger the general public or property;
and
7. Any leak in a small substructure, which shall
include but not be limited to conduits, pipes, pedestals and other small
enclosures, when a sustained combustible gas indicator reading of 70% LEL or
greater in accordance with Table 508-1 is measured
b. In the event of a Class I leak, the utility
shall take action immediately to eliminate the hazard and make repairs,
including, as necessary, one or more of the following actions:
1. Implementation of an emergency plan;
2. Evacuation of premises;
3. Blocking off an area;
4. Rerouting traffic;
5. Elimination of sources of ignition;
6. Venting the area by removing manhole covers,
barholing, installing vent holes, or other means;
7. Stopping the flow of gas by closing valves or
other means; or
8. Notification to emergency responders.
(2) A Class II leak shall be a leak that is
recognized as being non-hazardous at the time of detection, but requires
scheduled repair within 6 months or before the end of the calendar year based
on probable future hazard of any degree, evaluated as follows:
a. When evaluating Class II leaks, each operator
shall consider criteria such as the following:
1. The amount and migration of gas;
2. The proximity of gas to buildings and
subsurface structures;
3. The extent of pavement, including
wall-to-wall paving that includes areas covered in gravel or grass; and
4. Soil type and conditions, such as frost cap,
moisture, and natural venting.
b. A leak shall be considered a Class II leak when
a sustained combustible gas indicator reading of 40% LEL or greater in
accordance with Table 508-1 is measured under a sidewalk in a wall-to-wall
paved area that does not qualify as a Class I leak;
c. A leak shall be considered a Class II leak
when a sustained combustible gas indicator reading of 100% LEL or greater in
accordance with Table 508-1, is measured under a street in a wall-to-wall paved area that has significant
gas migration and does not qualify as a Class I leak;
d. A leak shall be considered a Class II leak
when a sustained combustible gas indicator reading of less than 70% LEL in
accordance with Table 508-1 is measured in small substructures. A small substructure shall include but not be
limited to conduits, pipes, pedestals and other small enclosures;
e. A leak shall be considered a Class II leak
when a sustained combustible gas indicator reading less than 40% LEL in
accordance with Table 508-1 is measured in a confined space including but not
limited to manholes, vaults, and catch basins;
f A leak shall be considered a Class II leak
when a sustained combustible gas indicator reading is measured on a pipeline
operating at 30 percent specified minimum yield strength (SMYS), or greater, in
a class 3 or 4 location, as defined in 49 C.F.R. §192.5, which does not qualify
as a Class I leak;
g. A leak shall be considered a Class II leak
when, in the judgment of operating personnel at the scene, it is of sufficient
magnitude to justify scheduled repair;
h. All Class II leaks shall be rechecked at
intervals no greater than every 60 days during the months of April through, and
including, December; and no greater than every 30 days during the months of
January through, and including, March; and
i. Each utility shall take action ahead of
ground freezing or other adverse changes in venting conditions with respect to
any leak which, under frozen or other adverse soil conditions, would likely
allow gas to migrate to the outside wall of a building.
(3) A Class III leak shall be a leak that is
non-hazardous at the time of detection and can be reasonably expected to remain
non-hazardous, as evaluated in accordance with the following:
a. Each utility shall survey and re-evaluate
each Class III leak no less than once per calendar year, but at least one
reevaluation of each Class III leak shall be performed between September 1 and
December 15 each calendar year until the leak is repaired.
b. A leak shall be considered a Class III leak
when a sustained combustible gas indicator reading less than 40% LEL in
accordance with Table 508-1 is measured under a street or sidewalk in areas
without wall-to-wall paving where it is unlikely the gas could migrate to the
outside wall of a building. Wall-to-wall
paving shall include areas covered in gravel or grass, in accordance with Puc
508.04(m)(2);
c. A leak shall be considered a Class III leak
when a sustained combustible gas indicator reading of less than 100% LEL in
accordance with Table 508-1, is measured under a street in a wall-to-wall paved
area that does not have significant gas migration and does not qualify as a
Class II leak. Wall-to-wall paving shall
include areas covered in gravel or grass, in accordance with Puc 508.04(m)(2);
and
d. Any leak that does not classify as a Class I
or Class II leak shall be considered a Class III leak.
(n) A utility shall
conduct a follow-up inspection as follows:
(1) The adequacy of leak repairs shall be checked
before backfilling;
(2) The perimeter of the leak area shall be
checked with a combustible gas indicator (CGI) or equivalent gas detection
equipment; and
(3) Where there is residual gas in the ground
after the repair of a Class I leak, the utility shall conduct a follow-up
inspection as soon as practical after allowing the soil atmosphere to vent and
stabilize, but in no case later than one month following the repair.
(o) In the case of leak repairs other than Class
I, the need for a follow-up inspection shall be determined by qualified
personnel of the utility.
(p) Any leaks requiring reclassification as a result of
these rules and any required repairs associated with those leaks shall be
completed by December 31, 2014.
(q) In any calendar year, a utility shall not
reclassify from Class II to Class III more than six total leaks or 5% of all
outstanding leaks in a given class, whichever is less.
(r) Any leaks
identified after December 1, 2014, shall be classified consistent with these
rules.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 508.05 Leakage
Record-Keeping and Reporting.
(a) Each utility
shall maintain records and follow self-audit procedures regarding gas leaks and
leakage surveys as follows:
(1) A utility shall preserve historical gas leak
records in accordance with Puc 507.05(a) and Puc 507.07;
(2) In order to demonstrate the adequacy of company
maintenance programs, a utility shall maintain sufficient data to provide the
information needed to complete the federal Department of Transportation leak
report forms as follows:
a. Form PHMSA F 7100.1, "Incident Report -
Gas Distribution System";
b. Form PHMSA F 7100.1-1, "Annual Report
For Calendar Year 20__ - Gas Distribution System";
c. Form PHMSA F 7100.2, "Incident Report
Natural and Other Gas Transmission and Gathering Systems"; and
d. Form PHMSA F 7100.2-1, "Annual Report
For Calendar Year 20__ - Natural and Other Gas Transmission and Gathering
Pipeline Systems"; and
(3) The utility shall maintain records for leaks
which are reported by an outside source or require reporting to a regulatory
agency.
(b) The leak records
as required in (a) above shall not be required to be maintained in any specific
format or retained at one location.
(c) The leak records
as required in (a) above shall include the following:
(1) Date discovered, time reported, time
dispatched, time investigated and by whom;
(2) Date(s) re-evaluated before repair and by
whom;
(3) Date repaired, time repaired and by whom;
(4) Date(s) rechecked after repair and by whom;
(5) If a reportable leak, date and time of
telephone report to regulatory authority and by whom;
(6) Location of leak;
(7) Leak classification;
(8) Line use, including distribution and
transmission;
(9) Method of leak detection including name and
address if reported by an outside party; and
(10) A description of any environmental impact, if
applicable.
(d) A utility shall
report to the commission leaks occurring in its gas distribution system as
follows:
(1) Emergency notification, pursuant to Puc
504.05(a); and
(2) Report on status of leaks, pursuant to Puc
509.15.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
PART Puc 509 FORMS REQUIRED TO BE FILED
Puc 509.01 F-1G
Rate of Return.
(a) Natural gas
utilities shall file with the commission Form F-1G on a quarterly basis
reporting the historical weather normalized rate of return for the preceding 12
months. For purposes of this part,
"natural gas utility" means any utility that receives direct
deliveries through a natural gas interstate pipeline.
(b) Natural gas
utilities shall include on Form F-1G the following components:
(1) The name of the utility filing the report;
(2) Operating revenues for 12 months;
(3) Weather normalization;
(4) Operating expenses for 12 months, including:
a. Gas costs;
b. Other production;
c. Distribution;
d. Customer accounting;
e. Sales and new business;
f. General and administrative;
g. Federal and state income taxes;
h. Property taxes;
i. Other taxes;
j. Depreciation;
k. Amortization;
l. Operating rent; and
m. Interest on customer deposits;
(5) Rate base components for:
a.
b. Material and supplies;
c. Cash working capital requirement;
d. Prepayments;
e. Customer deposits;
f. Accrued interest customer deposits;
g. Depreciation reserve;
h. Deferred income taxes;
i. Reimbursable contributions; and
j. Any other item properly includible in the
utilitys rate base.
(6) Weighted cost of capital components for:
a. Current capital structure;
b. Cost of debt; and
c. Last commission approved cost of equity.
(7) Operating utility income for 12 months;
(8) Allowed operating utility income using
weighted cost of capital;
(9) Actual return on rate base;
(10) Allowed return on rate base; and
(11) The signature, full name and title of the
utility employee who supervised the preparation of the report, and date of
signature.
(c) The rate of
return calculation shall exclude merger push-down accounting unless such
accounting treatment has explicit commission approval.
(d) Utilities shall file Form F-1G no later than 45
days from the end of each fiscal quarter.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 509.02 F-3 Statement
of Pro Forma Income Statement at Present and Proposed Rates for Year Ended.
(a) Each utility
which requests a rate increase shall file Form F-3, available at www.puc.nh.gov, with the commission.
(b) The utility
shall include on the form the name of the utility filing the report.
(c) Utilities shall
include on Form F-3 a breakdown of operating revenues and expenses for:
(1) Actual year ended and preceding two years;
(2) Adjustments and pro forma at present rates;
(3) Adjustments and pro forma at proposed rates
with additional requirements; and
(4) Total requirements.
(d) Utilities shall
include on Form F-3 a calculation of rate base and calculation of rate of
return.
(e) Each utility
requesting a rate increase shall also comply with the requirements of Puc 1600,
tariffs and special contracts.
(f) The signature, full name and title of the
utility employee who supervised the preparation of the report, and date of
signature.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss and moved by #8259, eff 1-19-05 (from Puc 509.03);
ss by #10334, eff 5-10-13
Puc 509.03 F-4
Petition For Authority To Issue Securities.
(a) Each utility shall
file with the commission a completed Form F-4 (rev. 9/2012), available at www.puc.nh.gov, when it seeks
authority to issue securities;
(b) Each utility
shall include with its completed Form F-4 an application for leave to issue
securities pursuant to RSA 369:3 that includes the following:
(1) A statement in reasonable detail of any
proposed additions, construction or working capital requirements together with
any proposed construction budget, including:
a Description of authorized and outstanding
long term debt and capital stock;
b. Description of new securities;
c. Description of what proceeds will be used
for;
d. List of exhibits attached;
e. Certification statement as contained in (d)
below; and
f. Petitioner's prayer asking for the relief
requested;
(2) Estimated cost of financing including, for
example, legal costs, printing, documentary tax, trustee services, financial
services;
(3) Current balance sheet adjusted for financing
with journal entries and explanations for actual, adjustments and as adjusted;
(4) Current income statement adjusted for
financing including new interest, depreciation and taxes with entries for
actual, adjustments and as adjusted;
(5) Statement of capitalization ratios after
giving effect to the proposed financing with entries for actual, adjustments
and as adjusted;
(6) Copy of the purchase and sale agreement for
long term financing including any letter of commitment from a lender stating
details of financing;
(7) Copy of the mortgage indenture;
(8) Copy of terms of new common or preferred
stock; and
(9) Resolution of petitioner's stockholders,
board of directors or other governing body of petitioner, as appropriate,
authorizing the proposed financing.
(c) Each utility shall file a Form F-4 petition
with an original and 5 copies of the form, petition and exhibits.
(d) Each utility shall provide in connection with
a petition for authority to issue securities a certification which shall
provide as follows:
"The petitioner
utility company believes and, therefore, alleges that the securities to be
issued will be consistent with the public good and that it is entitled to issue
said securities under RSA 369 for the purposes set forth in its petition."
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss and moved by #8259, eff 1-19-05 (from Puc 509.04);
ss by #10334, eff 5-10-13
Puc 509.04 F-16
Annual Report for Gas Utilities.
(a) Each utility
which maintains its books on a calendar year basis shall complete the
"Annual Report for Gas Utilities" Form F-16, revised in 9/2012 and
available on the commission website at www.puc.nh.gov, and file one
signed original and one electronic copy with the commission annually on or
before March 31st.
(b) Each utility
which maintains its books on a fiscal year which does not coincide with a
calendar year shall complete the commissions Form F-16 Annual Report for Gas
Utilities available on the commission website at www.puc.nh.gov,
and file with the commission one signed original and one electronic copy by
email or through the commissions electronic records filing system no later
than 90 days following the close of each fiscal year.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss and moved by #8259, eff 1-19-05 (from Puc 509.05);
ss by #10334, eff 5-10-13
Puc 509.05 F-8G
Monthly Operating and Income Statements.
(a) Each utility
shall twice a year file Form F-8G, which shall include an analysis of gas
operating statistics of usage, sales and revenue data, with the commission
within 90 days of the 6-month periods ending April 30th and October
31st and shall file revised Form F-8G monthly reports when
previously submitted reports have been updated, edited or corrected.
(b) Utilities shall
include on Form F-8G the following:
(1) A caption identifying the name of the utility
filing the report;
(2) Monthly income statement showing current
month, cumulative this year, same month last year and cumulative last year;
(3) A gas purchased, produced and transported report
showing all natural gas purchases distinguishing gross received or net
delivered, storage gas injections, storage gas withdrawals, pipeline fuel
retention, if gross received purchases are used, propane air produced,
vaporized LNG produced, gas received and transported for other parties or other
gas supply and totals for each category;
(4) A statement of the disposition of all gas
purchased, produced and transported including total gas sold, gas used by the company,
accounted for losses, unaccounted for losses, gas transported by third parties
for unbundled customers and total disposition;
(5) A degree day summary that identifies data
source and geographic location, and includes effective or actual and normal
degree days for the month, cumulative for the year, for the same month the
previous year, and cumulative for the previous year;
(6) The actual number of customer bills
generated, by rate class, for the current month and for the same month for the
previous year;
(7) Analysis of operating revenues that compares
revenue earned from bundled gas sales and unbundled gas transportation for each
rate class for the month, cumulative for the year, for the same month the
previous year, and cumulative for the previous year;
(8) Analysis of sales and transportation therms
that compares bundled gas sales and unbundled gas transportation billed in
therms for each rate class for the month, cumulative for the year, for the same
month the previous year, and cumulative for the previous year;
(9) The date of the original report, or, if
applicable, the revised report; and
(10) The signature, full name and title of the
individual signing the report, and date of signature.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss and moved by #8259, eff 1-19-05 (from Puc 509.06);
ss by #10334, eff 5-10-13
Puc 509.06 Form
F-22 Information Sheet.
(a) Each utility
shall file Form F-22:
(1) Annually; and
(2) Whenever any changes occur to the information
included in the Form F-22 filing.
(b) Each utility
shall include the following on Form F-22:
(1) The name of the utility filing the report;
(2) Person's name, title, and e-mail address to
receive the annual report form;
(3) Person's name, title, and e-mail address to
receive the utility assessment tax;
(4) The names and titles of the principal
officers of the company; and
(5) The signature, full name and title of the utility
employee who supervised the preparation of the report, and date of signature.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss and moved by #8259, eff 1-19-05 (from Puc 509.07);
ss by #10334, eff 5-10-13
Puc 509.07 E-5
Utility Accident Report.
(a) Each utility
shall file the commissions Form E-5G Utility Accident Report within 10
working days of when a utility accident, as described in Puc 508.03(b), occurs,
and as required in Puc 508.03(c).
(b) Each utility
shall include the following on Form E-5G:
(1) The current, date and name and address of
utility;
(2) Date, time of discovery, and location of
accident;
(3) Description of any person injured including:
a. Name;
b. Age;
c. Residence;
d. Employer; and
e. Status of any injured person, whether
employee, person under contract, invitee, licensee, trespasser or other;
(4) Description of injury, current condition, duration
of disability and, if applicable, anticipated return to work date;
(5) Description of cause and manner of accident;
(6) If applicable, cause of death and previous
related accident report number;
(7) Designation of federal or state statute violated,
if applicable;
(8) Estimated amount of property damage and
breakdown of property damage amounts;
(9) Method of discovery of the accident;
(10) Estimated amount of gas released measured in terms
of 1,000 cubic feet (mcf) and value of gas released, including calculations;
(11) Time operator or contractor acting on behalf
of operator arrived on scene;
(12) Time operator made pipeline safe;
(13) Date and time final restoration and return to
gas service was completed;
(14) Quantity of people evacuated and quantity of
meters shut off or service interrupted;
(15) Description of the
pipeline facility involved (age, material type, diameter, location,
classification, above ground, below ground, depth, pressure at time of
accident, map of pipeline);
(16) Date and time of notification to the
(17) Recommendation for and steps taken to guard
against repetition of accident; and
(18) The signature, full name and title of the
utility employee who supervised the preparation of the report, and date of
signature.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss and moved by #8259, eff 1-19-05 (from Puc 509.08);
ss by #10334, eff 5-10-13
Puc 509.08 E-6
Heating Value and Purity Report.
(a) Each utility
shall file with the commission a completed Form E-6 monthly.
(b) Utilities shall
include on Form E-6:
(1) The name of the utility filing the report;
(2) The month average in British thermal units
(BTUs) with a breakdown for each day of the month, showing derivation based on
location of each measurement, BTU measurement and associated volume, and, where
applicable, days when peak shaving equipment is used;
(3) BTUs per cubic foot;
(4) Measurements for hydrogen sulphide and
sulphur, if applicable;
(5) General remarks; and
(6) The signature, full name and title of the employee
who supervised the preparation of the report, and date of signature.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss and moved by #8259, eff 1-19-05; ss by #10334, eff
5-10-13
Puc 509.09 E-7 Annual Report of Gas Meter Tests.
(a) Each utility
shall file Form E-7, Annual Report of Gas Meter Tests, annually by March 15
with the commission.
(b) Utilities shall
include the following on Form E-7:
(1) The name of company and year represented by
the report;
(2) The number of meters tested categorized
according to meter class, in accordance with Table 505-1;
(3) The total meters in service per category at
end of year and total meters per category tested during the reporting year;
(4) Accuracy rate per group tested, required
accuracy in accordance with Table 505-2 and quantity of meters to be tested per
category for the following year;
(5) The total meters in service at end of year
and total meters tested during the reporting year; and
(6) The signature, full name and title of the
utility employee who supervised the preparation of the report, and date of
signature.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss and moved by #8259, eff 1-19-05 (from Puc 509.10);
ss by #10334, eff 5-10-13
Puc 509.10 E-8
Report of Pressure Complaints.
(a) Each utility
shall file a monthly report of pressure complaints on Form E-8 with the
commission.
(b) Utilities shall
include the following on Form E-8:
(1) The name of the utility filing the report;
(2) The name of each complainant and location
which gave rise to the complaint;
(3) The date the utility conducted a meter test;
(4) The average pressure of the tested meter;
(5) The pressure recorded in inches of water
column showing minimum with time of day and maximum with time of day;
(6) The total minutes pressure was below allowable
minimum and above allowable maximum; and
(7) The signature, full name and title of the
utility employee who supervised the preparation of the report, and date of
signature.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss and moved by #8259, eff 1-19-05 (from Puc 509.11);
ss by #10334, eff 5-10-13
Puc 509.11 E-22
Report of Proposed Expenditures for Additions, Extensions and Capital
Improvements to Fixed Capital.
(a) Each utility
shall file an annual report of proposed expenditures for addition, extensions
and capital improvements to fixed capital on or before May 15 of each year.
(b) The report shall
include the name of the utility filing the report.
(c) With respect to
any proposed main or service capital addition, extension or improvement,
utilities shall report on Form E-22 the following:
(1) A description of size, length and material of
the main or service;
(2) The location of the proposed capital
addition, extension or improvement;
(3) The total estimated cost of the proposed
capital addition, extension or improvement by work category; and
(4) The signature, full name and title of the
utility employee who supervised the preparation of the report, and date of
signature.
(d) Investigation of
or comment on a construction budget or Form E-22 by the commission or failure
of the staff to identify prudence review issues as described in paragraph (e)
below, shall not constitute a final prudence review and the commission shall
not be precluded from analyzing the merit of any expenditure in a future rate
case.
(e) The commission
shall notify a utility when it identifies prudence review issues, which it
would raise as part of a rate case, in connection with notice of a proposed
expenditure under this section.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss and moved by #8259, eff 1-19-05 (from Puc 509.13);
ss by #10334, eff 5-10-13
Puc 509.12 E-23
Report of Interruptions of Service.
(a) Each utility
shall file with the commission a report of any interruption of service within
one month of the occurrence of such interruption.
(b) Each utility
shall use Form E-23 in reporting service interruptions and shall include the
following information on the report:
(1) The name of the utility filing the report;
(2) The dates of service interruption;
(3) The time of service interruption including
start, end and total elapsed time;
(4) The location of service interruption;
(5) The number of customers affected by service
interruption;
(6) The cause of interruption; and
(7) The signature, full name and title of the utility
employee who supervised the preparation of the report, and date of signature.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss and moved by #8259, eff 1-19-05 (from Puc 509.14);
ss by #10334, eff 5-10-13
Puc 509.13 E-24
Report of Gas Meter Complaint Tests.
(a) Each utility
shall file monthly with the commission Form E-24 Report of Gas Meter Complaint
Tests".
(b) Form E-24 shall
include the following:
(1) The name of the utility filing the report;
(2) The name and address of the customer making
the complaint;
(3) The meter manufacturer; manufacturer's
number; company number; type and size of meter;
(4) The percent registrations which are fast or
slow;
(5) The period of refund or collection; and
(6) The signature, full name and title of the
utility employee who supervised the preparation of the report, and date of
signature.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss and moved by #8259, eff 1-19-05 (from Puc 509.15);
ss by #10334, eff 5-10-13
Puc 509.14 E-25
Report of Proposed Changes in Depreciation Rates.
(a) Each utility
shall file Form E-25 when it proposes any change in depreciation rates.
(b) A utility shall
include on Form E-25:
(1) The name of the utility filing the report;
(2) The date;
(3) The account number and title;
(4) The estimated whole life, reported as the number
of years from initial installation to final retirement, both present and
proposed;
(5) The net salvage, both present and proposed,
by percentage;
(6) The depreciation rate, both present and
proposed, by percentage;
(7) The net annual change in dollars;
(8) The theoretical reserve calculated as the
difference between the calculated accumulated depreciation determined using the
proposed depreciation rates and the accumulated depreciation;
(9) The proposed amortization of the theoretical
reserve;
(10) The reasons for changes in depreciation rates
and length of the proposed amortization of the theoretical reserve; and
(11) The signature, full name and title of the
utility employee who supervised the preparation of the report, and date of signature.
(c) A utility shall not implement any change in
depreciation rates until the proposed change has been approved by the
commission.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss and moved by #8259, eff 1-19-05 (from Puc 509.16);
ss by #10334, eff 5-10-13
Puc
509.15 Status of Leaks.
(a)
Each utility shall submit to the commission a monthly leak report.
(b)
Each utility shall provide on the monthly leak report a description of
the status of any leak in its system classified by type of leak as Class I, II
or III.
(c)
The report shall include a caption identifying the report as
"Monthly Leak Report" along with the name of the company filing the
report.
(d)
A utility shall identify and describe the status of leaks as follows:
(1) As of
the beginning of each month;
(2) Those
reported during the month;
(3) Those
repaired during the month; and
(4) Those
reported and awaiting repair at the end of the month.
(e) Additionally, for those leaks reported during the
month, the utility shall provide:
(1) The
leak address;
(2) The
date leak was reported;
(3) The
identification number of the leak;
(4) The
leak area, whether rural, residential, or urban;
(5) The
classification of the leak;
(6)
Method of how the company became aware of leak, such as through the
public, an employee, or winter patrol;
(7) Type
of cover over leak, such as asphalt or concrete;
(8) The
pipeline facility, such as main or service;
(9) The
operating pressure, whether low, intermediate, or high; and
(10) The
most likely material(s) involved in any suspected Class III leaks.
(f)
For those leaks repaired pursuant to Puc 509.15(d)(3), the cause of the
leak shall be reported in a consistent classification as identified according
to 49 C.F.R. §191.11 and leaks classified as "other" shall be clearly
explained.
(g)
The report shall include the signature, full name and title of the
utility employee who supervised the
preparation of the report, and date of signature.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss and moved by #8259, eff 1-19-05 (from Puc 509.17);
ss by #10334, eff 5-10-13
Puc 509.16
(a) Each utility
with either LNG vaporization, propane air vaporization and mixing, or both, used
as primary or supplemental on-system gas supply and fuel storage in its New
Hampshire gas distribution operations shall file electronically with the
commission by e-mail or through the commissions electronic records filing
system once annually a peak shaving fuel storage capability report.
(b) This report
shall be submitted by October 1st of each year and shall include
projected design-week sendout, production capabilities and storage requirements
of utility gas operations, including the following:
(1) A caption identifying the report as the
"Annual Peak Shaving Fuel Storage Capability Report" along with the
name of the utility filing the report;
(2) Projected design
week demand determined using verifiable total degree day data collected from an
identified New Hampshire location for the seven coldest consecutive days in the
past 30 years of historical degree day data;
(3) Amount to be furnished by natural gas
pipeline;
(4) Balance from peak shaving;
(5) Equivalent gallons LNG or LPG needed to
satisfy requirements of (4) above;
(6) Total storage facilities committed, in
gallons, to service on December 1 of the current year to LPG and LNG, which
shall be categorized as follows:
a. Permanent;
b. Railroad
tank cars;
c. Truck tankers;
d. Other storage, specifying type; and
e. Total storage;
(7) Whether the facility meets storage
requirements;
(8) Comments relative to suppliers delivery
capabilities during the upcoming winter period;
(9) A statement that the utility shall
immediately advise the commission of any unexpected circumstances which may
arise surrounding its peak shaving capabilities; and
(10) The signature, full name and title of the
utility employee who supervised the preparation of the report, and date of
signature.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss and moved by #8259, eff 1-19-05 (from Puc 509.18);
ss by #10334, eff 5-10-13
Puc 509.17 Weekly
Gas Storage Report.
(a) Each utility
shall submit to the commission safety division weekly reports on gas storage
level during the period December 1 through April 1 on Tuesday of each week, or the
day following if Tuesday is a state holiday, before 4:00 p.m.
(b) The utility may
by telephonic facsimile or e-mail report information on storage levels.
(c) The report shall
include a caption identifying the report as "Weekly Gas Storage
Report" along with the name of the utility filing the report and the full
name and title of the utility employee who supervised the preparation of the
report.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss and moved by #8259, eff 1-19-05 (from Puc 509.19);
ss by #10334, eff 5-10-13
Puc 509.18 Weekly
Portable LNG Vaporizer Activity Report.
(a) Each utility
shall submit to the commissions safety division weekly reports on portable LNG
vaporizer utilization when a portable LNG vaporizer is connected to the gas
utility distribution system.
(b) The report shall
be filed on Tuesday of each week before 4:00 p.m., or the day after if
Tuesday is a state or
federal holiday.
(c) The report shall
contain the following information:
(1) A caption identifying the report as
"Weekly Portable LNG Vaporizer Activity Report" along with the name
of the utility filing the report;
(2) The date of the report;
(3) The location and maximum rated output of the
portable vaporizer;
(4) The reason for connecting the portable
vaporizer;
(5) The daily volume injected from the portable
vaporizer; and
(6) The signature, full name and title of the
utility employee who supervised the preparation of the report, and date of
signature.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05); ss by #10334, eff 5-10-13
Puc 509.19 Summary
of Peak Day Report.
(a) Each utility
shall file a report through the commissions electronic records filing system
annually on April 1st summarizing the previous winter period peak
day operating statistics.
(b) Quantities of gas
shall be reported as measured in therms.
(c) The report shall
contain the following information:
(1) A caption identifying the report as
"Summary of Peak Day Report" along with the name of the utility
filing the report;
(2) The gas demand for firm
sales, interruptible sales, firm transportation, interruptible transportation
and any other sendout;
(3) The gas demand for non-daily metered
interruptible transportation rate classes based on an estimate of the daily
supply nomination requirements, or best estimate;
(4) The
gas supply of purchased pipeline natural gas, underground storage gas, propane
air production gas, LNG produced gas, third party gas transported for unbundled
transportation customers, and any other gas supply used to meet peak day
demand;
(5) The actual or effective base 65 degrees
Fahrenheit degree day total measured on that day including the source,
geographic location;
(6) The date and day of the week of the peak day
occurrence;
(7) A statement as to whether the peak day
sendout was a new record for the utility; and
(8) The signature, full name and title of the
utility employee who supervised the preparation of the report, and date of
signature.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 509.20 Forecast
of Upcoming Winter Period Design Day Report.
(a) Each utility shall
file annually through the commissions electronic records filing system on
September 15 a copy of a report summarizing the upcoming winter period design
day forecast of operating statistics by e-mail or through the commissions
electronic records filing system.
(b) Quantities of
gas shall be reported as measured in therms.
(c) The report shall
include the following information:
(1) A caption identifying the report as
"Forecast of Upcoming Winter Period" along with the name of the
utility filing the report;
(2) The
demand for firm sales, interruptible sales, firm transportation, interruptible
transportation and any other sendout demand;
(3) The supply of
purchased pipeline natural gas, underground storage gas, propane air production
gas, LNG produced gas, third party gas transported for unbundled transportation
customers, and any other gas supply available to meet design day demand;
(4) The base 65 degrees Fahrenheit degree day
estimate total used in the forecast design day;
(5) A brief explanation of forecast tools, models
and assumptions used in determining design day send out requirements; and
(6) The signature, full name and title of the
utility employee who supervised the preparation of the report, and date of
signature.
Source. #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 509.21 Federal
Reports Filed with Commission. The
owner or operator of a natural gas pipeline facility regulated by the Federal
Energy Regulatory Commission pursuant to the Natural Gas Act, 15 U.S.C. § 717,
et seq., shall, with respect to any such pipeline facility located or to be
located in New Hampshire, file with the commission:
(a) Annually, on or
before April 30 of each year, a copy of the signed original of the Federal
Energy Regulatory Commission annual report form, Form No. 2, pertaining to such
facility; and
(b) Concurrently
upon its filing with the Federal Energy Regulatory Commission, a copy of any
application for a certification of public convenience and necessity under the
Natural Gas Act, 15 U.S.C. § 717f(c), with respect to any pipeline facility of
such owner or operator proposed to be located in New Hampshire.
Source. #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 509.22 Monthly
Customer Migration Report.
(a) Each utility offering unbundled
transportation service shall file electronically with the commission a monthly
report after the final accounting is available that provides in a PDF file
format a rolling 12 months of the most recent available transportation customer
data, including the following:
(1) A caption identifying the report as Monthly
Customer Migration Report along with the name of the utility filing the
report;
(2) The month and year of the report, which will
coincide with the most recent month of actual data included in the report;
(3) The actual number of customer bills per month
sorted by rate class, for capacity assigned and also for capacity exempt
customer subgroups;
(4) The actual number of therms billed per month,
sorted by rate class, for capacity assigned and also for capacity exempt
customer subgroups; and
(5) A table identifying each competitive natural
gas supplier and the number of customers served by each.
(b) The master file
for this report shall retain all months of historical customer migration data,
be maintained in a spreadsheet file format, and be made available to commission
staff upon request.
Source. #10334, eff 5-10-13
PART
Puc 510 UTILITY ADVERTISING
Puc 510.01 Definitions.
(a)
"Advertising" means the use by a utility of any media in order
to transmit a message to the general public, or to such utility's consumers.
(b)
"Controversial issue of public importance" means a case or
controversy in which a utility is involved before a court, legislative body, or
government agency, including the commission.
(c)
"Institutional activity" means any act or practice conducted
for the purpose of promoting the corporate image or goodwill of a particular
utility or the utility industry in general.
(d)
"Institutional advertising" means any advertising conducted
for the purpose of promoting the corporate image or goodwill of a particular
utility or the utility industry in general.
(e) "Integrated
resource plan (IRP)" means, in the case of a utility, planning by the use
of any standard, regulation, practice or policy to undertake a systematic
comparison between demand-side management measures and the supply of gas by a
utility to minimize life-cycle costs of adequate and reliable utility services
to gas customers.
(f) "Political
activity" means any act or practice conducted for the purpose of
influencing public opinion with respect to legislative, administrative, or
electoral matters or with respect to any controversial issue of public
importance.
(g) "Political
advertising" means any advertising conducted for the purpose of
influencing public opinion with respect to legislative, administrative, or
electoral matters, or with respect to any controversial issue of public
importance.
(h)
"Promotional activity" means any act or practice conducted for
the purpose of encouraging any person to select or use a service or increase
usage of the service of a utility, to select, purchase, install or use any
appliance or equipment designed to use such utility's service, or to use any
other particular service of the utility.
(i)
"Promotional advertising" means any advertising conducted for
the purpose of encouraging any person to select or use a service or increase
usage of the service of a utility, to select, purchase, install, or use any
appliance or equipment designed to use such utility's service or to use any
other particular service of the utility.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 510.02 Recovery
of Certain Expenses Prohibited. No
utility shall recover, in any manner, from any person other than the shareholders
or other owners of such utility any direct or indirect expenditure by such
utility for promotional, political or institutional advertising, or
promotional, political or institutional activities except as provided in Puc
510.03.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 510.03 Exempted
Expenditures.
(a) For the purpose
of Puc 510 the terms political advertising, promotional advertising,
institutional advertising, political activity, promotional activity, and
institutional activity shall not include advertising or activities which:
(1) Inform gas consumers of or provide gas
consumers with information or materials intended to result in economic
conservation;
(2) Are required by law or regulation, including
advertising required under part 1 of title II of the National Energy
Conservation Policy Act;
(3) Inform natural gas customers how they can improve
efficiency in utilizing the utility's service;
(4) Involve or relate to service interruptions,
safety measures or emergency conditions;
(5) Concern employment opportunities with such
utility;
(6) Provide any explanation of existing or proposed
rate schedules or notifications of hearings thereon;
(7) Are consistent with the utility's approved
integrated resource plan; and
(8) Inform customers of the availability and
sources of financial assistance.
(b) Expenditures
referred to in subparagraph (a)(1) above shall be subject to review and
potential recovery as part of the utility's conservation and load management
program.
(c) Expenses
contained in a utility's IRP shall take into account necessary features for
system operation such as diversity, reliability, ability to be readily
dispatched, and other factors of risk and shall treat demand and supply to gas
consumers on a consistent and integrated basis.
(d) No more than 50%
of costs provided for in a utility's IRP shall be borne by ratepayers.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #8259, eff 1-19-05; ss
by #10334, eff 5-10-13
Puc 510.04 Continuing
Jurisdiction. Puc 510 shall not
restrict or limit the commission's power to disallow any expense as a charge to
ratepayers which the commission finds to be unjust, unreasonable, excessive,
unwarranted or imprudent pursuant to RSA 378.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 510.05 Reports
Required.
(a) Each utility shall
file an annual report with the commission regarding the advertising or
activities described in Puc 510.02.
(b) This report
shall itemize the expenses incurred by type of advertising and activity and
shall specifically delineate those expenditures for which cost recovery is
sought.
(c) The report shall
be included with the utility's annual report to the commission filed in
accordance with Puc 509.04.
(d) Each utility
shall keep copies of all its advertising on file for inspection by the commission.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 510.06 Accounting.
(a) If a utility combines
an expense prohibited from recovery with an expense eligible for recovery, and
ancillary costs are associated with the combined expense, the utility shall
allocate a portion of the ancillary cost to the expense prohibited from
recovery and shall be prohibited from recovering costs ancillary to the
prohibited expense.
(b) Each utility
shall keep a record with respect to any advertising or activity, incurred
directly or indirectly, prohibited from recovery pursuant to Puc 510.02, of:
(1) Any expenditure incurred; and
(2) Any allocation methodology.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
PART
Puc 511 ENFORCEMENT PROCEDURES FOR GAS
PIPELINE UTILITIES
Puc 511.01 Jurisdiction
Scope and Application of Authority.
(a) Pursuant to RSA
370:2 the commission shall enforce safety standards and practices for utilities,
referred to in Puc 506.01, consistent with the Natural Gas Pipeline Safety Act
which is set forth at 49 U.S.C. § 60101, et seq.
(b) In enforcing
safety standards and practices the commission shall consider:
(1) Pipeline safety data;
(2) The appropriateness and reasonableness of a
safety standard applied to a particular incident or circumstances; and
(3) Other relevant information regarding the
particular circumstances of an incident.
(c) The commission
in exercising and implementing its inspection and enforcement authority
pursuant to Puc 511 shall act by and through the commissions safety division.
(d) Pursuant to RSA
365:8 and RSA 370:2, and consistent with the Natural Gas Pipeline Safety Act,
the commission shall:
(1) Investigate all methods and practices of
utilities relating to pipeline safety;
(2) Require
the maintenance and filing of reports, records and other information relating
to pipeline safety in such form and detail as the commission shall prescribe;
(3) Enter at all reasonable times to inspect the
property, building, plants and offices of utilities to investigate and
determine compliance with pipeline safety requirements; and
(4) Inspect all books, records, papers and
documents relevant to the pipeline safety.
(e) Each utility
shall cooperate fully with the commission and its staff in its investigations
and inspections pursuant to Puc 511, including maintaining and providing all
relevant information and data and providing such access as the commission shall
require.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 511.02 Intervals
of Inspection.
(a) Each utility
shall allow the commission staff, upon presentation of identifying credentials,
to enter upon, inspect, and examine the records and properties of persons to
the extent such records and properties are relevant to determining the
compliance of such persons with commission rules or orders.
(b) Each utility
shall permit the commission to conduct inspections in response to or related to
any of the following:
(1) Routine scheduling;
(2) A complaint received from a member of the public
or any party;
(3) Information obtained from a previous
inspection;
(4) Pipeline accident or incident; and;
(5) Compliance with Puc 500.
(c) The commission
shall schedule and conduct inspections if:
(1) Results obtained in an initial inspection
show a defect, irregularity or non-compliance which establishes the need for a
subsequent or follow-up inspection; or
(2) The commission determines that additional
inspections are required to provide sufficient information to allow it to
determine utility compliance with commission rules and orders.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 511.03 Inspection
of Utilities.
(a) Inspections
conducted pursuant to Puc 511.02 shall include a thorough review of the
utility's records concerning inspection, operation, maintenance, and emergency
procedures.
(b) Field
inspections combined with office inspections shall cover:
(1) Operational checks of corrosion control
provisions;
(2) Overpressure and regulating equipment;
(3) Odorization;
(4) Repaired leaks;
(5) Emergency valves;
(6) New construction;
(7) Maintenance of facilities;
(8) Selection of material and design of
components;
(9) Qualifications and training of personnel;
(10) Public awareness programs, emergency response
programs, quality assurance programs, underground damage prevention programs,
and integrity management programs for transmission and distribution pipeline
facilities;
(11) Control room management; and
(12) Any other components of the facility.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 511.04 Verbal
Notice to Utility of Probable Violation.
(a) When an
evaluation of a utility's records and facilities indicates that the utility is apparently
not in compliance with a pipeline safety regulation, the commission
investigator shall informally discuss the probable violation or noncompliance
with the utility before concluding his inspection.
(b) In situations
where an inspection is performed without utility personnel on site, probable
violations or potential non-compliance of Puc 500 shall be communicated to the
utility upon completion of the inspection.
(c) The utility
shall provide any documentation or physical evidence related to the alleged
non-compliance which the commission representative shall request during the
inspection or by letter.
(d) The utility may
notify the commission staff and undertake on-site corrective action of the
facility where the probable violation exists, thus correcting any identified
deficiency.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 511.05 Written
Formal Notice of Probable Violation.
(a) After the
commission staff receives evidence of a possible violation, the commission
shall issue a written notice of probable violation (NOPV) to the party alleged
to have committed the violation.
(b) The commission
staff shall send information regarding the NOPV by certified mail to the party
alleged to have committed the violation.
(c) The NOPV shall
include the following:
(1) A description of the probable violation and
reference to the rule or statute regarded as violated;
(2) The date and location of the probable
violation;
(3) A statement notifying the party or parties
involved that civil penalties might be imposed pursuant to RSA 374:7-a, in the
event of unfavorable judgment;
(4) The amount of the civil penalty;
(5) A description of factors relied upon by
commission staff in making its determination, such as the size of the business
of the utility, gravity of the violation, history of prior violations, degree
of culpability of the respondent, how quickly the respondent took action to
rectify the situation, cooperativeness of respondent, history of prior
violations, effect of penalty on the utility, and any other identifiable
factors which would tend to either aggravate or mitigate the violation;
(6) Statutory rights of the respondent as
enumerated in RSA 374:7-a; and
(7) Procedures for resolving the complaint.
(d) The operator
shall respond in writing to the commission within 30 days of its receipt of the
violation notice referred to in (a) above.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 511.06 Responses
to Notice of Probable Violation.
(a) Upon receipt of
the NOPV the respondent shall:
(1) Submit to the commission within 30 days, in
writing, evidence refuting the probable violation referenced in the NOPV;
(2) Submit to the commission within 30 days a
written plan of action outlining action the respondent will take to correct the
violations, including a schedule and the date when compliance is anticipated;
(3) Execute a consent agreement with the
commission resolving the probable violation and remit the civil penalty; or
(4) Request
in writing within 30 days, an informal conference with the commission staff to
examine the basis of the probable violation.
(b) Any utility
involved in the NOPV shall provide a representative for any informal conference
or hearing scheduled relative to that NOPV.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 511.07 Informal
Conferences.
(a) After receiving
the request for the informal conference, the commission staff shall:
(1) Arrange a date, time, and location for the
informal conference; and
(2) Notify
the respondent by certified mail of the date, time, and location of said
informal conference.
(b) At the informal
conference, the commission staff shall review the basis for the
violation(s). The utility may explain
its position and may present alternatives for solution of the problem.
(c) If the utility
and the commission staff cannot by agreement resolve the violation at this
stage, the enforcement procedure shall continue as described in Puc
511.08.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 511.08 Notice
of Violation.
(a) If the commission staff, after
reviewing evidence and testimony obtained in writing or in conferences,
determines that a violation of RSA 370:2, RSA 362:4-b, or Puc 500 has occurred,
the commission staff shall issue a notice of violation (NOV) to the respondent.
(b) The NOV so
issued shall include:
(1) The factual and statutory basis for the
unfavorable preliminary determination;
(2) A description of factors relied upon by
commission staff in making its determination, such as the size of the business
of the utility, gravity of the violation, history of prior violations, degree
of culpability of the respondent, how quickly the respondent took action to
rectify the situation, cooperativeness of respondent, history of prior
violations, effect of penalty on the utility, and any other identifiable
factors which would tend to either aggravate or mitigate the violation;
(3) The civil penalty, if any, proposed to be
imposed;
(4) Procedures for remitting penalty; and
(5) Statutory rights of the respondent as
enumerated in RSA 374:7-a.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc
511.09 Response to Notice of
Violation. Within 10 days from
receipt of the NOV, the respondent shall either:
(a) Sign a consent agreement and remit the civil
penalty; or
(b) File a request in writing for a hearing
before the commission.
Source. (See Revision Note at Chapter heading for Puc
500) #6445, eff 1-28-97; ss by #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 511.10 Commission
Action.
(a) The commission
shall act
upon staffs recommendation unless the respondent requests a hearing pursuant to
Puc 511.09.
(b) Hearing requests
pursuant to Puc 511.09 shall be treated as a request for an adjudicatory
proceeding.
(c) Upon a hearing
request pursuant to Puc 511.09, the commission shall provide the respondent
with notice and an opportunity for a hearing, held pursuant to Puc 200.
Source. #8259, eff 1-19-05; ss by #10334, eff 5-10-13
PART Puc 512 LP AND LANDFILL GAS
PIPELINE SAFETY STANDARDS
Puc 512.01 Compliance
with Federal Standards Required.
(a) All LPG operators and landfill gas operators
shall comply with those pipeline safety regulations established by the United
States Department of Transportation as set forth in 49 C.F.R. Parts 191 and
192.
(b) All LPG operators shall comply with the LP
Gas Code (NFPA 58) as referenced by 49 C.F.R. §192.7.
(c) LPG operators shall employ the guidelines
contained in the Training Guide for Operators of Small LP Gas Systems,
written by the United States Department of Transportation and the National
Association of Regulatory Utility Commissioners, printed April 2001.
Source. #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 512.02 Compliance with
Other Standards.
(a)
LPG operators shall comply with the edition of the NFPA 54, the National
Fuel Gas Code, as referenced in New Hampshire Code Administrative Rules Saf-C
6000.
(b) Nothing in these rules shall prohibit or
limit the
Source. #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 512.03
E-27-A Jurisdictional LP Gas Facilities Report.
(a) Each LPG operator shall submit the
commissions Form E-27-A Jurisdictional LP Gas Facilities Report to the
safety division of the commission within 30 days after notice of all newly
installed, acquired, transferred or discontinued jurisdictional systems.
(b) The completed form shall include the
following:
(1) Name of the LPG operator and
contact person, with telephone number;
(2) Date of installation,
acquisition or transfer of facilities;
(3) Size of tank;
(4) Location of the facilities,
including street name and number, city or town, and locus map;
(5) Number of meters and
customers; and
(6) Supervisors name and
signature, with date of signature.
(c) If a LPG operator is providing LPG to
a facility that such operator believes to match the criteria of a
jurisdictional system, such operator shall notify the owner of the facility and
the safety division of the existence of said facility.
Source. #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 512.04 Confidential
Records. Consistent with RSA 91-A:5,
the commission shall not release to the public reports filed pursuant to Puc
512.03.
Source. #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 512.05 Emergency
Notification.
(a) The LPG operator
or landfill gas operator shall notify the safety division of the commission by
telephone when any of the following occur:
(1) A release of gas from a LPG system or
landfill gas system that results in:
a. A death;
b. Personal injury necessitating same day
professional medical treatment; or
c. Estimated property damage of $5,000 or more;
(2) A fire or an explosion at, or emergency shutdown of, an LPG system, landfill
gas system or facility.
(3) An evacuation
of a building conducted by a fire department, LPG operator, or landfill gas
operator or other emergency personnel because of the presence of gas in the
atmosphere or in the immediate vicinity of the building;
(4) An unplanned
service interruption or gas outage that is expected to result in 50 or more
customer outage hours;
(5) A single unplanned outage occurring at a state, federal, or municipal facility,
hospital, school or other facility in which the public could be affected;
(6) A breach of security or other threat that jeopardizes the operation of a
jurisdictional facility of aggregate capacity greater than 6,000 gallons; or
(7) An event which is significant in the judgment
of the LPG operator or landfill gas operator even though it is not described
above.
(b) An LPG operator
or landfill gas operator shall not be required to determine or document the presence
or involvement of gas in any incident or event before notifying the commission.
(c) The telephone
notification shall be made promptly, but no more than one hour following
discovery of the incident by the LPG operator or landfill gas operator.
(d) The LPG operator
or landfill gas operator shall provide to the commission representative who
responds to the call the following information:
(1) Identity of reporting LPG operator or
landfill gas operator;
(2) Name, title, and location of the person
reporting the incident;
(3) Location of the incident including street,
address and city or town;
(4) Number of known or estimated fatalities and
personal injuries, if any;
(5) Type and extent of known or estimated
property damage;
(6) Description
of the incident or event including any significant facts known by the LPG
operator or landfill gas operator that relate to the cause and resolution of
the problem;
(7) Date and hour the incident occurred and was
discovered by the LPG operator or landfill gas operator and, to the extent
known, by any other party;
(8) For a service interruption, gas outage, or
evacuation of a building, the estimated or known number of people and customers
affected and the estimated or actual duration of the outage; and
(9) When the Office of Pipeline Safety of the
United States Department of Transportation was, or will be, notified of the
incident, if applicable.
Source. #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 512.06 Incident Reporting.
(a)
In addition to the emergency notification required in Puc 512.05, LPG
operators and landfill gas operators shall report in writing to the commission
any event occurring in connection with its facilities and services, as follows:
(1) An
LPG operator or landfill gas operator shall report to the commission within 20
business days following discovery any incident which the LPG operator or
landfill gas operator shall be required to report to the federal Office of
Pipeline Safety pursuant to 49 C.F.R. §191.9
on federal Department of Transportation Form PHMSA F 7100.1, "Incident
Report-Gas Distribution System", a copy of which shall be submitted to the
commission;
(2) Each
LPG operator and landfill gas operator shall report twice annually on the
status of any ongoing leaks occurring in its gas distribution systems; and
(3) An
LPG operator or landfill gas operator shall report to the commission any
accident involving injury to a person or damage to property as provided in Puc
512.07 (b).
(b)
An LPG operator or landfill gas operator shall file any report required
pursuant to (a)(1) above in addition to any report required pursuant to (a)(2)
or (a)(3) above.
(c) When additional relevant information is
obtained after a report under this section is submitted, the LPG operator or
landfill gas operator shall make a supplementary report to the commission
conveying this information.
Source. #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 512.07 Accidents.
(a) Each LPG
operator and landfill gas operator shall notify the commission of any accident,
as described in Puc 512.05(a)(1), pursuant to Puc 512.04.
(b) Each LPG
operator and landfill gas operator, as applicable, shall submit a written
report to the commission on the commissions Form E-5 Utility Accident
Report, within 10 working days following the occurrence of any accident
involving a release of LP gas or landfill gas from a pipeline or facility in
which:
(1) A death has occurred;
(2) Any personal injury which requires same day
professional medical treatment;
(3) Any person receiving an injury which incapacitates
that person from active work for a total of 6 days or more during the 10 days
immediately following the accident; or
(4) Any property damage over $5,000.
(c) If any event later occurs in connection with an
accident which renders an accident reportable under this section or results in
an additional reportable event under (b)(1)-(4) above associated with a report
previously submitted, such operator shall submit a new or updated report, as
appropriate.
Source. #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 512.08 Construction
and Maintenance.
(a) Except as
established herein or by municipal regulations within their jurisdiction which
are more stringent than the state or federal requirement, each LPG operator
shall construct, inspect, install, operate and maintain its systems, equipment
and gas pipe lines in accordance with all applicable federal and state
requirements, including but not limited to the requirements of the 49 CFR Part
192, and NFPA 58 LP Gas Code, subject to Puc 512.01(b).
(b) Except as
established herein or by applicable municipal regulations that are more
stringent than the state or federal requirement, each landfill gas operator shall
construct, inspect, install, operate and maintain its systems, equipment and
gas pipelines in accordance with all applicable federal and state requirements,
including but not limited to the requirements of 49 C.F.R. Part 192.
(c) Pipelines shall
be laid at least 12 inches away from any other underground structure, or, if
this clearance cannot be attained, the pipeline shall be protected from damage
that might result from the proximity of the other structure.
(d) For LPG operators,
operating pressures within a building will be limited to the requirements in
NFPA 54 National Fuel Gas Code, as incorporated by Puc 512.02(a).
(e) Operating and
maintenance procedures shall be documented according to a plan as follows:
(1) Each LPG operator
and landfill gas operator shall establish a written operating and maintenance
plan pursuant to 49 C.F.R. §192.603 which shall include the criteria set forth
in 49 C.F.R. §192.605;
(2) Each LPG operator and landfill gas operator
shall file with the commission its plan together with any subsequent amendments
to the plan;
(3) Each LPG operator and landfill gas operator
shall operate, inspect, maintain and construct its system in accordance with
its plan; and
(4) Each LPG operator and landfill gas operator
shall inspect new construction.
(f) All combustible gases transported or
distributed by a pipeline shall have a distinctive odor of sufficient intensity
so that at a concentration in air of one-fifth of the lower explosive limit, the
odor is readily perceptible to the normal or average olfactory sense of a
person coming from fresh, uncontaminated air into a closed room.
(g) By July 1, 2014, each LPG operator shall test
for odorant levels in accordance with (f) above at least quarterly each
calendar year, with intervals not exceeding 3 and a half months at the operator
bulk plants that supply LPG to an LPG jurisdictional systems. These tests shall be performed with an odorometer
or equivalent device capable of determining the percentage of gas in air at
which the odor becomes readily detectable by the tester in accordance with 49
C.F.R. §192.625. Records shall be
preserved documenting each delivery from the operator bulk plant to an LPG
jurisdictional system for a period of not less than 2 years.
(h) Sniff tests to
determine that odorant is present shall be performed at each LPG jurisdictional
system at least once annually and whenever maintenance is performed on the system.
(i) Each landfill
gas operator shall test for odorant levels in accordance with (f) above at
least quarterly each calendar year, with intervals not exceeding 3 and a half
months at the furthest end point of the system that can be readily accessible. These tests will be performed with an
odorometer or equivalent device capable of determining the percentage of gas in
air at which the odor becomes readily detectable by the tester.
Source. #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 512.09 Underground
Utility Damage Prevention Program.
All LPG operators and landfill gas operators shall comply with Puc 800.
Source. #8259, eff 1-19-05; ss by 10334, eff 5-10-13
Puc 512.10 Marking
of Containers.
(a) All LPG operator owned containers, above
ground or underground, installed at consumer locations shall be marked in a
legible manner with the name and telephone number of the owner by decal, tag,
stencil, or similar marking.
(b) Containers gained through acquisition shall
be marked as soon as possible, but no later than 30 days after acquisition.
Source. #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 512.11 System
Maps. Each LPG operator and landfill
gas operator shall have on file at its principal office a map(s) or drawings
showing:
(a)
The size, character, and location of pipeline facilities, including
valves, installed after February 1, 2005; and
(b)
The size and location of each service line provided that, in lieu of
showing service locations on maps, a card record or other suitable means may be
used.
Source. #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 512.12 Procedure
for Reporting Emergencies.
(a) As used in this
section, "regular working hours" means Monday through Friday, 8 a.m.
to 5 p.m. except holidays.
(b) Each LPG
operator and landfill gas operator of a system shall furnish to each customer
of a system a written explanation of the procedure to be used to report gas
leaks and other related emergencies including:
(1) A telephone number at which the operator can
be contacted during regular working hours;
(2) A telephone number for reporting emergencies
during nonworking hours; and
(3) The telephone numbers of emergency response
agencies, including, without limitation, the local police and fire departments.
(c) The procedure shall
be updated and reissued as often as is necessary, but at least once each
calendar year.
Source. #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 512.13 Preservation
of Records.
(a) All records
required by these rules shall be preserved by the LPG operator and/or landfill
gas operator.
(b) The LPG operator
or landfill gas operator shall make such records available to the commission or
its staff upon request at the LPG operators office.
(c) All system
records required by these rules shall be transferred to the new LPG operator
upon the change in the gas supplier.
(d) Upon acquisition
of, termination of service by, or conveyance of records to any new LPG operator
or person, the relinquishing operator shall, prior to any conveyance or
records, copy and retain in a legible paper format, in addition to any
electronic format or formats the operator chooses to utilize, any and all
records pertaining to the location for a 7-year period from the date of
transfer.
Source. #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 512.14 Leakage
Surveys and Inspections.
(a) For purposes of
this section, "business districts" means the principle business areas
in the urban portion of a community.
(b) The presence of
certain factors shall indicate the presence of a business district, as follows:
(1) The general public regularly congregates in
this area for economic, industrial, religious, educational, health or
recreational purposes;
(2) The majority of the buildings on either side
of the street are utilized for commercial, industrial, religious, educational,
health or recreational purposes;
(3) Gas facilities are under continuous paving
that extends either from the center line of the thoroughfare to the building
wall or from the storage tank to the building wall; or
(4) Other locations or sites in the urban portion
of a community which contain a similar density and/or mix of buildings and
services as provided in (1) through (3) above.
(c) Each LPG operator and landfill gas operator shall
conduct periodic leakage surveys in accordance with this section.
(d) Each
LPG operator and landfill gas operator shall include a plan for periodic
leakage surveys in its operating and maintenance plan.
(e) Each LPG
operator shall conduct a leakage survey upon a change in gas supplier.
(f) Each LPG operator and landfill gas
operator shall conduct periodic leakage surveys in business districts and
outside business districts in intervals as required by 49 C.F.R. §192.706 or
§192.723.
(g) Each LPG
operator shall conduct periodic leakage surveys by:
(1) Performing
a pressure drop test according to Appendix D of NFPA 54, as adopted by Puc
512.02(a); or
(2) Utilizing a combustible gas indicator meter
or equivalent testing procedures.
(h) Each landfill
gas operator shall conduct periodic leakage surveys by utilizing a combustible
gas indicator meter or equivalent testing procedures.
(i) The type and scope of the leakage
control program shall be determined by the nature of the operations, such as liquid
petroleum distribution systems and the local conditions, but it shall meet the
minimum requirements set forth in this section.
(j) Each LPG
operator and landfill gas operator shall follow procedures for classification
and control of flammable gas leaks approved by the safety division.
(k) When
investigating a leak, if it is determined that the perimeter of a leak area
extends to a building wall, the investigation shall continue into the building
unless public safety or identifiable exigent circumstances prohibit entry.
(l) The LPG operator
or landfill gas operator shall establish a leak repair priority based on its
evaluation of the location and the magnitude of a leak.
(m) Each LPG
operator and landfill gas operator shall assign a classification of leaks as
follows:
(1) Class I shall be a leak that represents an
existing or probable hazard to persons or property, and requires immediate
repair within 24 hours or continuous action until the conditions are no longer
hazardous;
(2) Class II shall be a leak that is recognized
as being non-hazardous at the time of detection, but requires scheduled repair
within 6 months or before the end of the calendar year based on probable future
hazard; and
(3) Class III shall be a leak that is non-hazardous
at the time of detection and can be reasonably expected to remain
non-hazardous.
(n) In making a
determination as to whether to classify a leak as Class I, II or III, an LPG
operator or landfill gas operator shall comply with leak classification and
leakage control procedures set forth in the 1983 ASME Guide for Gas
Transmission and Distribution Piping Systems, Guide Material Appendix G-11A,
Tables 3a, 3b and 3c, substituting the term class for grade.
(o) Each LPG
operator and landfill gas operator shall conduct a follow-up inspection as
follows:
(1) The perimeter of the leak area shall be
checked with a combustible gas indicator (CGI); and
(2) Where there is residual gas in the ground
after the repair of a Class I leak, the LPG operator shall conduct a follow-up
inspection as soon as practical after allowing the soil atmosphere to vent and
stabilize, but in no case later than one month following the repair.
(p) In the case of leak
repairs other than Class I, the need for a follow-up inspection shall be
determined by qualified personnel of the LPG operator or landfill gas operator.
Source. #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 512.15 Leakage
Record-Keeping and Reporting.
(a) Each LPG
operator and landfill gas operator shall maintain records and follow self-audit
procedures regarding gas leaks and leakage surveys as follows:
(1) Each LPG operator and landfill gas operator
shall preserve historical gas leak records for no less than 7 years; and
(2) Each LPG operator and landfill gas operator
shall maintain permanent records for leaks which are reported by an outside
source or require reporting to a regulatory agency.
(b) The leak records required
in (a) above shall not be required to be maintained in any specific format or
retained at one location.
(c) The leak records
as required in (a) above shall include the following:
(1) Date discovered, time reported, time
dispatched, time investigated and by whom;
(2) Date repaired, time repaired and by whom;
(3) If a reportable leak, date and time of
telephone report to regulatory authority and by whom;
(4) Location of leak; and
(5) Method of leak detection including name and
address if reported by an outside party.
(d) Each LPG operator and landfill gas operator
shall report to the commission leaks occurring in its gas distribution or
transmission system pursuant to Puc 512.05(a)(1).
Source. #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 512.16 E-5
LPG Operator or Landfill Gas Operator Accident Report.
(a) Each LPG operator
and landfill gas operator shall file commission Form E-5 Utility Accident
Report within 10 working days of when an LPG operator or landfill gas operator
accident, as described in Puc 512.07(b), occurs.
(b) Each LPG
operator and landfill gas operator shall include the following on Form E-5:
(1) Report number, date and name and address of
LPG operator or landfill gas operator;
(2) Date and location of accident;
(3) Description of person injured including:
a. Name;
b. Age;
c. Residence;
d. Employer; and
e. Status
of injured person, whether employee, person under contract, invitee, licensee,
trespasser or other;
(4) Description of injury, current condition, duration
of disability and, if applicable, anticipated return to work date;
(5) Description of cause and manner of accident;
(6) If applicable, cause of death, previous
accident report number;
(7) Designation of federal or state statute
violated, if applicable;
(8) Recommendation for and steps taken to guard
against repetition of accident; and
(9) Signature and title of signatory.
Source. #8259, eff 1-19-05; ss by #10334, eff 5-10-13
PART Puc 513 ENFORCEMENT PROCEDURES FOR LP AND LANDFILL
GAS OPERATORS
Puc 513.01 Jurisdiction
Scope and Application of Authority.
(a) Pursuant to RSA
362:4-b, RSA 370:2, and RSA 374:7-a, the commission shall enforce safety
standards and practices for LPG and landfill operators, as referred to in Puc
512, and consistent with the Natural Gas Pipeline Safety Act which is set forth
at 49 U.S.C. § 60101, et seq.
(b) In enforcing
safety standards and practices the commission shall consider:
(1) Pipeline safety data;
(2) The appropriateness and reasonableness of a
safety standard applied to a particular incident or circumstances; and
(3) Other relevant information regarding the
particular circumstances of an incident.
(c) The commission in
exercising and implementing its inspection and enforcement authority shall act
by and through the safety division.
(d) Pursuant to RSA
362:4-b and consistent with the Natural Gas Pipeline Safety Act, the commission
shall:
(1) Investigate all methods and practices of LPG
and landfill gas operators relating to pipeline safety;
(2) Require
the maintenance and filing of reports, records and other information relating
to pipeline safety;
(3) Enter at all reasonable times to inspect the
property, building, plants and offices of LPG and landfill gas operators to
investigate and determine compliance with pipeline safety requirements; and
(4) Inspect all books, records, papers and
documents relevant to the pipeline safety.
(e) Each LPG
operator and landfill gas operator shall cooperate fully with the commission
and its staff in investigations and inspections, including maintaining and
providing all relevant information and data and providing such access as the
commission shall require.
Source. #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 513.02 Intervals
of Inspection.
(a) Each LPG
operator and landfill gas operator shall allow the commission staff, upon
presentation of identifying credentials, to enter upon, inspect and examine the
records and properties of persons to the extent such records and properties are
relevant to determining the compliance of such persons with commission rules or
orders.
(b) Each LPG operator
and landfill gas operator shall permit the commission to conduct inspections in
response to or related to any of the following:
(1) Routine scheduling;
(2) A complaint received from a member of the
public or any party;
(3) Information obtained from a previous
inspection;
(4) A pipeline accident or incident; or
(5) Ensuring compliance with Puc 500.
(c) In addition to
the specialized inspection schedule referred to in (b) above, the commission
shall schedule and conduct additional inspections if:
(1) Results obtained in an initial inspection
show a defect, irregularity or non-compliance which establishes the need for a
subsequent or follow-up inspection; or
(2) The commission determines that additional
inspections are required to provide sufficient information to allow it to
determine the LPG operators or landfill gas operators compliance with
commission rules and orders.
Source. #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 513.03 Inspection
of LPG and Landfill Gas Operators.
(a) The commission
shall inspect every LPG and landfill gas operator.
(b) The inspection
shall include a thorough review of the operators records concerning inspection,
operation, maintenance, construction and emergency procedures.
(c) Field
inspections shall include:
(1) Operational checks of corrosion control
provisions;
(2) Overpressure and regulating equipment;
(3) Odorization;
(4) Repaired leaks;
(5) Emergency valves;
(6) Maintenance of systems;
(7) Qualification of personnel;
(8) Public awareness programs, emergency response
programs, underground damage prevention programs, and integrity management programs
for transmission and distribution systems;
(9) Any other components of the facility; and
(10) Compliance with NFPA 58, the LP-Gas Code, as
required by Puc 512.01.
Source. #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 513.04 Verbal
Notice to LPG Operator or Landfill Gas Operator of Probable Violation.
(a) When an
evaluation of an LPG operators or landfill gas operators records and facilities
indicates that the LPG operator or landfill gas operator is apparently not in
compliance with a pipeline safety regulation, the commission investigator will
informally discuss the probable violation or noncompliance with the LPG
operator or landfill gas operator within 10 business days unless immediate
corrective action is necessary following the inspection.
(b) The LPG operator
or landfill gas operator shall provide any documentation or physical evidence
related to the alleged non-compliance which the commission representative shall
request during the inspection or by letter.
(c) The LPG operator
or landfill gas operator may notify the commission staff and undertake on-site
corrective action of the facility where the probable violation exists, thus
correcting the identified deficiency.
Source. #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 513.05 Written
Formal Notice of Probable Violation.
(a) After the
commission staff receives evidence of a possible violation, the commission
shall issue a written notice of probable violation (NOPV) to the party alleged
to have committed the violation.
(b) The commission
staff shall send information regarding the NOPV by certified mail to the party
alleged to have committed the violation.
(c) The NOPV shall
include the following:
(1) A
description of the probable violation and reference to the rule or statute
regarded as violated;
(2) The date and location of the probable
violation;
(3) A
statement notifying the party or parties involved that civil penalties might be
imposed pursuant to RSA 362:4-b and RSA 374:7-a, in the event of unfavorable
judgment;
(4) The amount of the civil penalty;
(5) A description of factors relied upon by commission
staff in making its determination, such as the size of the business of the
utility, gravity of the violation, history of prior violations, degree of
culpability of the respondent, how quickly the respondent took action to
rectify the situation, cooperativeness of respondent, history of prior
violations, effect of penalty on the LPG or landfill gas operator, and any
other identifiable factors which would tend to either aggravate or mitigate the
violation;
(6) Statutory rights of the respondent as
enumerated in RSA 374:7-a; and
(7) Procedures for resolving the complaint.
(d) The LPG operator
or landfill gas operator shall respond in writing to the commission within 30
days of its receipt of the violation notice referred to in (a) above.
Source. #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 513.06 Responses
to Notice of Probable Violation.
(a) Upon receipt of
the NOPV the respondent shall either:
(1) Submit to the commission within 30 days, in
writing, evidence refuting the probable violation referenced in the NOPV;
(2) Submit to the commission within 30 days a
written plan of action outlining action the respondent will take to correct the
violations, including a schedule and the date when compliance is anticipated;
(3) Execute a consent agreement with the
commission resolving the probable violation and remit the civil penalty; or
(4) Request
in writing within 30 days an informal conference with the commission staff to
examine the basis of the probable violation.
(b) Any LPG operator
or landfill gas operator involved in the NOPV shall provide a representative
for any informal conference or hearing scheduled relative to that NOPV.
Source. #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 513.07 Informal
Conferences.
(a) After receiving
the request for the informal conference, the commission staff shall:
(1) Arrange a date, time, and location for the
informal conference; and
(2) Notify the respondent by certified mail of
the date, time, and location of said informal conference.
(b) At the informal
conference, the commission staff shall review the basis for the
violation(s). The LPG operator or
landfill gas operator may explain its position and may present alternatives for
solution of the problem.
(c) If the LPG
operator or landfill gas operator and the commission staff cannot by agreement resolve
the violation at this stage, the enforcement procedure shall continue as
described in Puc 513.08.
Source. #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 513.08 Notice of Violation.
(a) If the commission staff, after
reviewing evidence and testimony obtained in writing or in conferences,
determines that a violation of RSA 370:2, RSA 362:4-b, or Puc 500 has occurred,
the commission staff shall issue a notice of violation (NOV) to the respondent.
(b) The NOV so
issued shall include:
(1) The factual and statutory basis for the
unfavorable preliminary determination;
(2) A description of factors relied upon by
commission staff in making its determination, such as the size of the business
of the LPG operator or landfill gas operator, gravity of the violation, history
of prior violations, degree of culpability of the respondent, how quickly the
respondent took action to rectify the situation, cooperativeness of respondent,
history of prior violations, effect of penalty on the LPG operator or landfill
gas operator, and any other identifiable factors which would tend to either
aggravate or mitigate the violation;
(3) The civil penalty, if any, proposed to be
imposed;
(4) Procedures for remitting penalty; and
(5) Statutory rights of the respondent as
enumerated in RSA 374:7-a.
Source. #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 513.09 Response
to Notice of Violation. Within 10 days
from receipt of the NOV, the respondent shall either:
(a) Sign a consent
agreement and remit the civil penalty; or
(b) File a request
in writing for a hearing before the commission.
Source. #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Puc 513.10 Commission
Action. The commission shall
act upon
staffs recommendation unless the respondent requests a hearing pursuant to Puc
513.09. Hearing requests pursuant to Puc
513.09 shall be treated as a request for an adjudicatory proceeding. Upon such hearing request, the commission
shall provide the respondent with notice and an opportunity for a hearing, held
pursuant to Puc 200.
Source. #8259, eff 1-19-05; ss by #10334, eff 5-10-13
Appendix A
Rule |
|
|
|
Puc 501.01-501.02 |
RSA 362:4-b; 365:8, XII; 40 U.S.C. 60101 et
seq. |
Puc 502 |
RSA 365:8, XII |
Puc 503.01 |
RSA 365:8, V, XII; 378:1 |
Puc 503.02 - 503.04 |
RSA 365:8, V, XII; 370:1-5 |
Puc 504.01 - 504.07 |
RSA 365:8, V, VII, XII; 374; 374:54; 49 C.F.R.
Parts 191 and 192 |
Puc 505.01 - 505.07 |
RSA 365:8, XII; 370:1-11 |
Puc 506.01 - 506.03 |
RSA 365:8, XII; 49 C.F.R. Parts 191, 192, 193,
198 and 199; 40 U.S.C. 5121, 60102, 60103, 60104, 60117, 60118 & 60126; 49 C.F.R. 192.615 |
Puc 507.01 - 507.09 |
RSA 365:8, V, XII; 374:8, 13; 374:15; 369.7;
18 C.F.R. Part 201 |
Puc 508.01 - 508.05 |
RSA 365:8, V, XII; 370:1-5; 374:48-58 |
Puc 509.01 - 509.22 |
RSA 365:8, V, XII; 369:3; 370:1-5; 374:5; 15
U.S.C. § 717 et seq. |
Puc 510.01 - 510.06 |
RSA 365:8, V, XII; 378 |
Puc
511.01 - 511.10 |
RSA
362:4-b; 365:8, XII; 370:2; 374:7-a; 49 U.S.C. § 60101 |
Puc 512.01 - 512.16 |
RSA 91-A:5; 365:8, V, XII; 370:2; 374:4; 49
C.F.R. Parts 191 and 192; 49 C.F.R. Part 191.9; 49 C.F.R. Part 192; 49 C.F.R.
Part 192.605 |
Puc 513.01 - 513.10 |
RSA 362:4-b; 365:8, XII; 370:2; 374:7-a; 49
U.S.C. § 60101 |
Appendix B
DOCUMENTS INCORPORATED BY REFERENCE
American National Standards Institute (ANSI)/National Fire Protection Association (NFPA)
standards:
54 (National Fuel Gas Code) (Puc 512.02(a)); (Puc 512.08(d)); (Puc
512.14(g)(1))
58
(Liquefied Petroleum Gas Code) (Puc
512.01(b)); (Puc 512.08(a) and (b))
Available at:
http://www.nfpa.org/aboutthecodes/list_of_codes_and_standards.asp at the following, non-member
costs: NFPA 54: $52.50; NFPA 58: $52.50.
(NFPA contact information: NFPA,
1
Purging Principles and Practice,
American Gas Association (2001 edition) (Puc
506.02(i))
Available through the American Gas Association for the
non-member cost of $176.00 at http://www.aga.org/Pubs/buy/Pages/default.aspx.
(AGA contact information:
AGA,
Training Guide for Operators of
Small LP Gas Systems, U.S. Department
of Transportation (April 2001 edition). (Puc 512.01(c)) Available for
download at no charge at: http://www.phmsa.dot.gov/pipeline/library (USDOT/PHMSA
contact information: U.S. Department of Transportation,
Pipeline and Hazardous Materials Safety Administration, East Building, 2nd
Floor, 1200 New Jersey Ave., SE, Washington, DC 20590; Telephone: 202-366-4433)
U.S. Department of Transportation Forms (accessed and printed on February 23,
2013):
PHMSA F 7100.1-1 (01-2011) - Annual Report for Calendar Year 20_ - Gas Distribution System (Puc 508.05(a)(2)(b))
PHMSA F 7100.1 (Rev. 06-2011) - Incident Report - Gas Distribution System (Puc 504.06(a)(1)); (Puc 508.05(a)(2)(a)); (Puc 512.07(1))
PHMSA F 7100.2 (Rev. 12-2012) - Incident Report Natural and Other Gas Transmission and Gathering Pipeline Systems (Puc 508.05(a)(2)(c))
PHMSA F 7100.2-1 (Rev. 12-2012) - Annual Report for Calendar
Year 20_ - Natural and
Other Gas Transmission and Gathering Pipeline Systems (Puc 508.05(a)(2)(d))
All forms are available for download at no
charge at: http://www.phmsa.dot.gov/pipeline/library/forms
(contact information as above)
Utilities Accommodation
Manual
prepared by the
National Electric Code as adopted by RSA
155-A:1, IV (2011 edition, as amended by the state building code review board
and ratified by the legislature in accordance with RSA 155-A:10). (Puc
506.02(g))
Available for a cost of $89.00 (in PDF or book format)
at: http://www.nfpa.org/catalog
(contact information as above for the NFPA).
Also available for review at the Public Utilities Commission.
ASME Guide for Gas Transmission and Distribution
Piping Systems, Guide Material Appendix G-11A (1983 edition). (Puc
512.14(n)) Available for review at
the Public Utilities Commission.