CHAPTER En 500
RULES FOR GAS SERVICE
PART En 501
APPLICATION OF RULES
En
501.01 Application of Rules.
(a) En 503 through En 510 shall apply to every utility
as defined by En 502.27, with the exception of liquefied
petroleum gas ("LPG") operators and landfill gas operators.
(b) En 511 and En 512 shall apply only to
landfill gas operators and LPG operators as defined in En 502.13 and En 502.16.
Source. #13796, eff 10-25-23
En
501.02 Purpose. The purpose of these rules is to implement
the department's 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. #13796, eff 10-25-23
PART En 502
DEFINITIONS
En
502.01 "Check flow" means a
flow rate of 15% to 25% of the rated capacity of a meter.
Source. #13796, eff 10-25-23
En
502.02 "Commission" means the
Source. #13796, eff 10-25-23
En
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. #13796, eff 10-25-23
En
502.04 "Customer"
means any person, firm, corporation, cooperative
marketing association, utility or governmental unit or subdivision of a
municipality or of the state or nation supplied with gas service by a utility.
Source. #13796, eff 10-25-23
En
502.05 "Department" means the New
Hampshire department of energy.
Source. #13796, eff 10-25-23
En
502.06 "Economic conservation"
means conservation activities that cost less to implement than the value of the
resources saved.
Source. #13796, eff 10-25-23
En
502.07 "Fast" means greater
than plus 2% accuracy.
Source. #13796, eff 10-25-23
En
502.08 "Gas" means any
manufactured or natural gas or any combination thereof.
Source. #13796, eff 10-25-23
En
502.09 "Incident" means "incident"
as defined in 49 CFR Part 191.3.
Source. #13796, eff 10-25-23
En
502.10 "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. #13796, eff 10-25-23
En
502.11 "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. #13796, eff 10-25-23
En
502.12 "Landfill gas" means
any flammable consisting primarily of methane and carbon dioxide and produced
by aerobic and anaerobic decomposition of organic solid waste in a landfill.
Source. #13796, eff 10-25-23
En
502.13 "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. #13796, eff 10-25-23
En
502.14 "LNG" means liquefied
natural gas.
Source. #13796, eff 10-25-23
En
502.15 "LPG" means liquefied
petroleum gas.
Source. #13796, eff 10-25-23
En
502.16 "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. #13796, eff 10-25-23
En 502.17 "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. #13796, eff 10-25-23
En
502.18 "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. #13796, eff 10-25-23
En
502.19 "Open flow" means a
flow rate of 80% to 120% of the rated capacity of a meter.
Source. #13796, eff 10-25-23
En
502.20 "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. #13796, eff 10-25-23
En
502.21 "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 does not include a
municipality operating a gas system pursuant to RSA 38.
Source. #13796, eff 10-25-23
En
502.22 "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. #13796, eff 10-25-23
En
502.23 "Slow" means greater
than minus 2% accuracy.
Source. #13796, eff 10-25-23
En
502.24 "Standard gravitational
force" means acceleration at 32.17 feet per second squared.
Source. #13796, eff 10-25-23
En
502.25 "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. #13796, eff 10-25-23
En
502.26 "Turbine meter" means
an inferential type meter.
Source. #13796, eff 10-25-23
En
502.27 "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. #13796, eff 10-25-23
PART En 503
SERVICE PROVISIONS
En
503.01 Measurement of Services. A utility shall charge for all gas sold or
transported on a metered basis.
Source. #13796, eff 10-25-23
En
503.02 Meter Reading.
(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. #13796, eff 10-25-23
En
503.03 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. #13796, eff 10-25-23
En 503.04 Customer Relations. Each utility shall comply with rules
governing provision of service to customers contained in En 1200, uniform administration
of utility customer relations.
Source. #13796, eff 10-25-23
PART En 504
QUALITY OF GAS SERVICE
En
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 as required by Puc 504.01(a).
(b) Each utility shall, unless it only takes gas
from interstate pipelines, 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 as
required by Puc 504.01(b).
(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 on department
"Form E-6, Heating Value and Purity Report," dated October 2023 once a month pursuant to En 509.06.
Source. #13796, eff 10-25-23
En
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. #13796, eff 10-25-23
En
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 department.
(e) For pressures at the outlet of any customer's
service meter that exceed (b) (2) above, a legible permanent identification
that includes the maximum delivery pressure shall be installed at the service
meter. 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 on department "Form E-8, Monthly Report of Pressure Complaints,"
dated October 2023 pursuant to En 509.08.
Source. #13796, eff 10-25-23
En
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 re-establish
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 of service interruptions to the department as provided in En
504.05(a).
(f) Each utility shall report all service
interruptions on department "Form E-23, Monthly Report of Interruptions of
Service," dated October 2023, pursuant to En 509.09, 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.
(j) Additional requirements shall be contained in
En 1203.19.
Source. #13796, eff 10-25-23
En
504.05 Emergency Notification.
(a) The utility shall notify the enforcement division
of the department 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 utility's major
facilities;
(7) Any
exceedance of maximum allowable operating pressure of any duration, including
accidental over-pressurizations, consistent with En 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 En
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 department.
(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 En 504.06.
(d) The utility shall provide to the department investigator
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. #13796, eff 10-25-23
En
504.06 Incident Reporting.
(a) In addition to the emergency notification
required in En 504.05, a utility shall also report in writing to the department
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 department, within 20 days following discovery,
any incident which the utility shall be required to report to the federal
Office of Pipeline Safety, which report shall be made on federal Department of
Transportation form PHMSA F 7100.1, which is entitled, "Incident Report -
Gas Distribution Systems" as found in Appendix B, and a copy shall be
submitted to the department; and
(2) A utility
shall report each month, pursuant to En 509.11, the status of any leaks
occurring in its gas distribution system.
(b) A utility shall file all reports required
pursuant to (a) above.
(c) When additional relevant information is
obtained after a report is submitted under this section, the utility shall make
a supplementary report to the department conveying this information.
Source. #13796, eff 10-25-23
En
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; and
(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. #13796, eff 10-25-23
PART En 505
METER INSTALLATION, ACCURACY AND TESTING
En
505.01 Meter Installations.
(a) Unless it obtains a waiver from the department
pursuant to En 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 En 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 the
utility's tariff.
(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 department.
The department shall approve such service only if the department finds
the service to be consistent with safe and reliable service requirements set
forth in these rules.
Source. #13796, eff 10-25-23
En
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. #13796, eff 10-25-23
En
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 2.
(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. #13796, eff 10-25-23
En
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 En 505.03(e) demonstrating an
accuracy rate of 96 percent or better, and the utility has the manufacturer's
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 En 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, examine the previous year's tested meter
accuracy data for each group of meters identified in Table 505.1 of En
505.03(e) to determine the sampling plan for the current year.
(d) Each utility shall use accuracy data derived
in the previous year's 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 as follows:
Table 505-2
Minimum Number of Meters to be Tested at Accuracy Rates
per Group Identified in En 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 |
8 |
Testing as provided in En 505.04(g) |
|
|
9 to 15 |
5 |
5 |
8 |
13 |
||
|
16 to 25 |
5 |
8 |
13 |
20 |
||
|
26 to 50 |
8 |
13 |
20 |
32 |
||
|
51 to 90 |
13 |
20 |
32 |
50 |
||
|
91 to 150 |
20 |
32 |
50 |
80 |
||
|
151 to 280 |
32 |
50 |
80 |
125 |
||
|
281 to 500 |
50 |
80 |
125 |
200 |
||
|
501 to 1,200 |
80 |
125 |
200 |
500 |
||
|
1,201 to 3,200 |
125 |
200 |
500 |
1,000 |
||
|
3,201 to 10,000 |
200 |
500 |
1,000 |
2,000 |
||
|
10,001 to 35,000 |
500 |
1,000 |
2,000 |
3,000 |
||
|
35,001 to 100,000 |
1,000 |
2,000 |
3,000 |
4,000 |
||
|
Greater than 100,000 |
|
|
|
|
||
(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. #13796, eff 10-25-23
En 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 customer's 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 department for testing of a meter, the following shall occur:
(1) The department
staff shall arrange to have the meter tested in staff's 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 department
for a waiver pursuant to En 201.05.
(c) Reports of periodic tests of meters shall be
submitted on a Form E-7, pursuant to En 509.07, once a year. Reports of requests for tests shall be
submitted to the department on Form E-24, pursuant to En 509.10, once a month.
(d) The utility shall retain a complete record of
the last test made on a meter.
Source. #13796, eff 10-25-23
En
505.06 Customer Bill Adjustments.
(a) When a customer's 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 customer's 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
customer's 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. #13796, eff 10-25-23
En
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 the department
finds that alternate arrangements made to have such testing done elsewhere will
provide equivalent protections to customers.
(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. #13796, eff 10-25-23
PART En 506
EQUIPMENT AND FACILITIES
En
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 En 500 or En 800 establishes more
stringent safety-related requirements than those pipeline safety regulations
adopted pursuant to (a) above, the more stringent requirement set forth in En
500 or En 800 shall apply.
(c) 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, as found in
Appendix B, shall be certified by the referenced edition;
(3) En
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 (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) En 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 enforcement division of the department.
(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 such as a 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 above-ground gas transporting facility shall be permanently marked to
identify the operator's name.
(r) Gas regulating stations and above-ground gas
transporting facilities shall be permanently marked to identify the operator's
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.
(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) 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. #13796, eff 10-25-23
En
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.
(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 (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 department's
enforcement 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,
as described in Appendix B.
(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, 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 (m) above. This testing of samples shall be conducted
using equipment manufactured specifically for odorant testing, calibrated per
manufacturer's 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 (m)
above.
(o) The utility shall provide, upon the request
of the department, 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 department 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 department 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 utility's 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 utility's facilities from breaches 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 department's enforcement division and the commission
to review the written security plan on utility premises; and
(3) The utility
shall provide the department 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 En 506.01(c);
(2) Each
utility shall file with the department 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) 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 utility's 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
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. #13796, eff 10-25-23
En
506.03 On-site Storage.
(a) Unless separately addressed in a utility's
integrated resource plan as defined in Puc 508.01(e),
and approved by the commission , 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 utility's 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 department's
enforcement division each week during the period from December 1 through April
1 of its on-site storage inventory levels.
(h) The information required by (d) and (e) above
shall be submitted by electronic mail or through the department's electronic report filing system (ERF) on each
Tuesday, or the next day following a state holiday.
Source. #13796, eff 10-25-23
PART En 507
RECORDS AND REPORTS
En
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 system's safety shall be retained for the life of the facility involved.
Source. #13796, eff 10-25-23
En
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. #13796, eff 10-25-23
En
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 department
its 12 month totals of gas supply purchased, produced, and received as part of
its annual report pursuant to En 509.02.
Source. #13796, eff 10-25-23
En
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. #13796, eff 10-25-23
En
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. #13796, eff 10-25-23
En
507.06 Reports to Department.
(a) The utility shall furnish to the department the
results of any required tests and summaries of any required records pursuant to
RSA 374:15.
(b) The utility shall also furnish the department
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 as
provided in En 509.
Source. #13796, eff 10-25-23
PART En 508
SAFETY, ACCIDENT AND LEAKAGE REQUIREMENTS
En
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. #13796, eff 10-25-23
En
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. #13796, eff 10-25-23
En
508.03 Accidents.
(a) Each utility shall notify the department of
any accident, as described in En 504.05(a), pursuant to En 504.05.
(b) A utility shall submit a written report on
department "Form E-5G, Utility Accident Report," dated October 2023 pursuant
to En 509.05, 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) through (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 department
a copy of any written accident or incident report submitted to the federal
government.
Source. #13796, eff 10-25-23
En
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 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 5 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; and
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;
and
(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 re-evaluation 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 (m)(2) above;
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 (m)(2) above; 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) 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.
Source. #13796, eff 10-25-23
En
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 En 507.05(a) and Puc 506.06;
(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 department leaks
occurring in its gas distribution system as follows:
(1) Emergency
notification, pursuant to En 504.05(a); and
(2) Report on
status of leaks, pursuant to En 509.11.
Source. #13796, eff 10-25-23
PART En 509
FORMS REQUIRED TO BE FILED
En
509.01 F-1G Rate of Return.
(a) 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 file department "Form
F-1G, Rate of Return," dated October 2023 with
the department and the commission on a quarterly basis reporting the historical
weather normalized rate of return for the preceding 12 months.
(c) 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. New Hampshire
plant;
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 utility's 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.
(d) The rate of return calculation shall exclude
merger push-down accounting unless such accounting treatment has explicit
commission approval.
(e) Utilities
shall file Form F-1G no later than 45 days from the end of each fiscal quarter.
Source. #13796, eff 10-25-23
En
509.02 F-16G Annual Report for Gas
Utilities.
(a) Each utility which maintains its books on a
calendar year basis shall file department "Form F-16G, Annual Report for
Gas Utilities," dated October 2023, available on the department's website
at www.energy.nh.gov, and file with the department and the commission one
signed original and one electronic copy by email or through the department's or
the commission's electronic records filing system 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 file Form F-16G
with the department and the commission one signed original and one electronic
copy by email or through the department's or the commission's electronic
records filing system no later than 90 days following the close of each fiscal
year.
Source. #13796, eff 10-25-23
En
509.03 F-8G Monthly Operating and Income Statements.
(a) Each utility shall file twice a year department
"Form F-8G, Monthly Income Statement," dated October 2023, which
shall include an analysis of gas operating statistics of usage, sales and
revenue data, with the department and 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. #13796, eff 10-25-23
En
509.04 F-22 Information Sheet.
(a) Each utility shall file department "Form
F-22, Information Sheet," dated October 2023 with the department and the
commission:
(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. #13796, eff 10-25-23
En
509.05 E-5G Utility Accident Report.
(a) Each utility shall file department "Form
E-5G, Utility Accident Report," dated October 2023 with the department and
the commission within 10 working days of when a utility accident, as described
in En 508.03(b), occurs, and as required in En 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,
such as: 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 National Response Center, if required;
(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. #13796, eff 10-25-23
En
509.06 E-6 Heating Value and Purity
Report.
(a) Each utility shall file department "Form
E-6, Heating Value and Purity Report," dated October 2023 monthly with the
department.
(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. #13796, eff 10-25-23
En
509.07 E-7 Annual Report of Gas Meter
Tests.
(a) Each utility shall file department "Form
E-7, Annual Report of Gas Meter Tests," dated October 2023 annually by
March 15 with the department.
(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. #13796, eff 10-25-23
En 509.08 E-8 Report of Pressure Complaints.
(a) Each utility shall file department "Form
E-8, Monthly Report of Pressure Complaints," dated October 2023 with the department.
(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. #13796, eff 10-25-23
En 509.09 E-23 Report of Interruptions of Service.
(a) Each utility shall file department "Form
E-23, Monthly Report of Interruptions of Service," dated October 2023 with
the department to report any interruption of service within one month of the
occurrence of such interruption.
(b) Utilities shall include the following on Form
E-23:
(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. #13796, eff 10-25-23
En
509.10 E-24 Report of Gas Meter
Complaint Tests.
(a) Each utility shall file department "Form
E-24, Report of Gas Meter Complaint Tests," dated October 2023 monthly
with the department.
(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. #13796, eff 10-25-23
En
509.11 E-35 Status of Leaks.
(a) Each utility shall file department "Form
E-35, Monthly Leak Report – Status of Leaks," dated October 2023 with the department.
(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 identified as repaired
pursuant to (d)(3) above, 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. #13796, eff 10-25-23
En
509.12 E-27 Annual Peak Shaving Fuel
Storage Capability Report.
(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 department "Form E-27, Annual Peak Shaving Fuel
Storage Capability Report," dated October 2023 electronically with the department
by e-mail or through the department's 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 7 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 department of any unexpected
circumstances which might 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. #13796, eff 10-25-23
En
509.13 E-28 Weekly Gas Storage Report.
(a) Each utility shall file department "Form
E-28, Weekly Gas Storage Report," dated October 2023 with the department's
enforcement division weekly regarding gas storage levels 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. #13796, eff 10-25-23
En
509.14 E-29 Weekly Portable LNG
Vaporizer Activity Report.
(a) Each utility shall file department "Form
E-29, Weekly Portable LNG Vaporizer Activity Report," dated October 2023 with
the department's enforcement division weekly regarding 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. #13796, eff 10-25-23
En
509.15 E-30 Summary of Peak Day
Report.
(a) Each utility shall file department "Form E-30, Summary of Peak
Day Report," dated October 2023 with the department through the department's
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 and 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. #13796, eff 10-25-23
En 509.16 E-31 Forecast of Upcoming Winter Period
Design Day Report.
(a) Each utility shall file department "Form
E-31, Forecast of Upcoming Winter Period Design Day Report," dated October
2023 with the department annually by email or through the department's electronic
records filing system on September 15 a report summarizing the upcoming winter
period design day forecast of operating statistics.
(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. #13796, eff 10-25-23
En 509.17 Federal Reports Filed with Department. 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 department:
(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, as found in Appendix B, 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. #13796, eff 10-25-23
En 509.18 E-32
Monthly Customer Migration Report.
(a) Each utility offering unbundled
transportation service shall file "Form E-32, Monthly Customer Migration
Report," dated October 2023 electronically with the department and the commission
monthly 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 shall 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 department or commission upon
request.
Source. #13796, eff 10-25-23
PART En 510
ENFORCEMENT PROCEDURES FOR GAS PIPELINE UTILITIES
En 510.01 Jurisdiction Scope and Application of
Authority.
(a) Pursuant to RSA 370:2 the department shall
enforce safety standards and practices for utilities, referred to in En 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 department 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 circumstances of an incident.
(c) The department, in exercising and
implementing its inspection and enforcement authority pursuant to En 510, shall
act by and through the department's enforcement division.
(d) Pursuant to RSA 365:8 and RSA 370:2, and
consistent with the Natural Gas Pipeline Safety Act, the department 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 department 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 department
in its investigations and inspections pursuant to En 510, including maintaining
and providing all relevant information and data and providing such access as
the department shall require.
Source. #13796, eff 10-25-23
En 510.02 Intervals
of Inspection.
(a) Each utility shall allow the department 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 department
rules or orders, or the commission rules or orders.
(b) Each utility shall permit the department 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 En 500.
(c) The department 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 department
determines that additional inspections are required to provide sufficient
information to allow it to determine utility compliance with department rules
or orders, or commission rules or orders.
Source. #13796, eff 10-25-23
En 510.03 Inspection
of Utilities.
(a) Inspections conducted pursuant to En 510.02
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. #13796, eff 10-25-23
En 510.04 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 department investigator shall informally
discuss the probable violation or noncompliance with the utility before
concluding the inspection.
(b) In situations where an inspection is
performed without utility personnel on site, probable violations or potential
non-compliance of En 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 department
investigator shall request during the inspection or by letter.
(d) The utility may notify the department investigator
and undertake on-site corrective action of the facility where the probable
violation exists, thus correcting any identified deficiency.
Source. #13796, eff 10-25-23
En 510.05 Written Formal Notice of Probable
Violation.
(a) After the department staff receives evidence
of a possible violation, the department shall issue a written notice of
probable violation (NOPV) to the party alleged to have committed the violation.
(b) The department 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 department 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 department
within 30 days of its receipt of the violation notice referred to in (a) above.
Source. #13796, eff 10-25-23
En 510.06 Responses to Notice of Probable Violation.
(a) Upon receipt of the NOPV the respondent shall:
(1) Submit to
the department within 30 days, in writing, evidence refuting the probable
violation referenced in the NOPV;
(2) Submit to
the department 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 department resolving the probable violation and
remit the civil penalty; or
(4) Request in
writing within 30 days, an informal conference with the department 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. #13796, eff 10-25-23
En 510.07 Informal
Conferences.
(a) After receiving the request for the informal
conference, the department 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 department 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 department staff
cannot by agreement resolve the violation at this stage, the enforcement
procedure shall continue as described in En 510.08.
Source. #13796, eff 10-25-23
En 510.08 Notice of Violation.
(a) If the department 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 En 500 has occurred, the department 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 department 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. #13796, eff 10-25-23
En 510.09 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. #13796, eff 10-25-23
En 510.10 Department Action.
(a) The NOV shall become final and the department
shall act upon it unless the respondent requests a hearing pursuant to En 510.09(b).
(b) The department shall forward hearing requests
pursuant to En 510.09(b) to the commission.
Source. #13796, eff 10-25-23
PART En 511 LP AND LANDFILL GAS PIPELINE SAFETY STANDARDS
En 511.01 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, as found
in Appendix B.
Source. #13796, eff 10-25-23
En 511.02 Compliance with Other
Standards.
(a)
LPG operators shall comply with the edition of the NFPA 54, the National
Fuel Gas Code, as amended by New Hampshire Code Administrative Rules Saf-FMO 300.
(b)
Nothing in these rules shall prohibit or limit the New Hampshire
department of safety adopting a different edition of NFPA 58, the LP Gas Code.
Source. #13796, eff 10-25-23
En 511.03 E-27-A Jurisdictional
LP Gas Facilities Report.
(a)
Each LPG operator shall submit department "Form E-27-A,
Jurisdictional LP Gas Facilities Report," dated October 2023 to the enforcement division of the department
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) Supervisor's name and signature, with date of
signature.
(c) If an 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 enforcement
division of the existence of said facility.
Source. #13796, eff 10-25-23
En 511.04 Confidential Records. Consistent with RSA 91-A:5, the department shall
not release to the public reports filed pursuant to En 511.03.
Source. #13796, eff 10-25-23
En 511.05 Emergency Notification.
(a) The LPG operator or landfill gas operator
shall notify the enforcement division of the department 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 department.
(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 department investigator 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. #13796, eff 10-25-23
En 511.06 Incident Reporting.
(a) In addition to the emergency notification
required in En 511.05, LPG operators and landfill gas operators shall report in
writing to the department any event occurring in connection with its facilities
and services, as follows:
(1) An LPG operator or landfill gas operator
shall report to the department 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 department;
(2) Each LPG operator and landfill gas operator
shall report to the department 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 department any accident involving injury to a person or
damage to property as provided in En 511.07(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 department conveying
this information.
Source. #13796, eff 10-25-23
En 511.07 Accidents.
(a) Each LPG operator and landfill gas operator shall
notify the department of any accident, as described in En 511.05(a)(1),
pursuant to En 511.05.
(b) Each LPG operator and landfill gas operator,
as applicable, shall submit a written report on department "Form E-5G,
Utility Accident Report," dated October 2023 to the department 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) through (4) above associated
with a report previously submitted, such operator shall submit a new or updated
report, as appropriate.
Source. #13796, eff 10-25-23
En 511.08 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 pipelines 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
En 511.01(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 shall be limited to the requirements in NFPA 54 National Fuel Gas
Code, as incorporated by En 511.02(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 department 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) 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. #13796, eff 10-25-23
En 511.09 Underground Utility Damage Prevention
Program. All LPG operators and
landfill gas operators shall comply with En 800.
Source. #13796, eff 10-25-23
En 511.10 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. #13796, eff 10-25-23
En 511.11 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. #13796, eff 10-25-23
En 511.12 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 a written explanation to each customer of a system 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. #13796, eff 10-25-23
En 511.13 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 department or its staff upon request
at the LPG operator's 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. #13796, eff 10-25-23
En 511.14 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 En 511.02(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 department's enforcement 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 1999 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. #13796, eff 10-25-23
En 511.15 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 department leaks occurring in its gas distribution or
transmission system pursuant to En 511.05(a)(1).
Source. #13796, eff 10-25-23
En 511.16 E-5G LPG Operator or Landfill Gas Operator
Accident Report.
(a) Each LPG operator and landfill gas operator
shall file department "Form E-5G Utility Accident Report," dated October
2023 with the department within 10 working days of when an LPG operator or
landfill gas operator accident, as described in En 511.07(b), occurs.
(b) Each LPG operator and landfill gas operator
shall include the following on Form E-5G:
(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. #13796, eff 10-25-23
PART En 512
ENFORCEMENT PROCEDURES FOR LP AND LANDFILL GAS OPERATORS
En 512.01 Jurisdiction Scope and Application of
Authority.
(a) Pursuant to RSA 362:4-b, RSA 370:2, and RSA
374:7-a, the department shall enforce safety standards and practices for LPG and
landfill operators, as referred to in En 511, 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 department 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 circumstances of an incident.
(c) The department in exercising and implementing
its inspection and enforcement authority shall act by and through the enforcement
division.
(d) Pursuant to RSA 362:4-b and consistent with
the Natural Gas Pipeline Safety Act, the department 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 department and its staff in investigations and
inspections, including maintaining and providing all relevant information and
data and providing such access as the department shall require.
Source. #13796, eff 10-25-23
En 512.02 Intervals of Inspection.
(a) Each LPG operator and landfill gas operator
shall allow the department 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 department rules or orders, or commission rules or orders.
(b) Each LPG operator and landfill gas operator
shall permit the department 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 En 500.
(c) In addition to the specialized inspection
schedule referred to in (b) above, the department 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 department
determines that additional inspections are required to provide sufficient
information to allow it to determine the LPG operator's or landfill gas
operator's compliance with department rules or orders, or commission rules or orders.
Source. #13796, eff 10-25-23
En 512.03 Inspection of LPG and Landfill Gas
Operators.
(a) The department shall inspect every LPG and
landfill gas operator.
(b) The inspection shall include a thorough
review of the operator's 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 En 511.01.
Source. #13796, eff 10-25-23
En 512.04 Verbal Notice to LPG Operator or Landfill
Gas Operator of Probable Violation.
(a) When an evaluation of an LPG operator's or
landfill gas operator's records and facilities indicates that the LPG operator
or landfill gas operator is apparently not in compliance with a pipeline safety
regulation, the department 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 department investigator shall request during the
inspection or by letter.
(c) The LPG operator or landfill gas operator may
notify the department staff and undertake on-site corrective action of the
facility where the probable violation exists, thus correcting the identified
deficiency.
Source. #13796, eff 10-25-23
En 512.05 Written Formal Notice of Probable
Violation.
(a) After the department staff receives evidence
of a possible violation, the department shall issue a written NOPV to the party
alleged to have committed the violation.
(b) The department 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 department 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 department within 30 days of its receipt of the
violation notice referred to in (a) above.
Source. #13796, eff 10-25-23
En 512.06 Responses to Notice of Probable Violation.
(a) Upon receipt of the NOPV the respondent shall
either:
(1) Submit to
the department within 30 days, in writing, evidence refuting the probable
violation referenced in the NOPV;
(2) Submit to
the department 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 department resolving the probable violation and
remit the civil penalty; or
(4) Request in
writing within 30 days an informal conference with the department 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. #13796, eff 10-25-23
En 512.07 Informal Conferences.
(a) After receiving the request for the informal
conference, the department 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 department 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 department staff cannot by agreement resolve the violation at this
stage, the enforcement procedure shall continue as described in En 512.08.
Source. #13796, eff 10-25-23
En 512.08 Notice of Violation.
(a) If the department 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 En 500 has occurred, the department staff
shall issue a 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 department 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. #13796, eff 10-25-23
En 512.09 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. #13796, eff 10-25-23
En 512.10 Department Action.
(a) The NOV
shall become final and the department shall act upon it unless the respondent
requests a hearing pursuant to En 512.09(b).
(b) The
department shall forward hearing requests pursuant to En 512.09(b) to the commission.
Source. #13796, eff 10-25-23
|
Rule |
Specific
State or Federal Statute the Rule Implements |
|
En 501.01-En 501.02 |
RSA 12-P:5, IV; 362:2, 4-b;
40 U.S.C. 60101 et seq. |
|
En 502.01-En 502.27 |
RSA 12-P:5, IV; U.S.C.
60101 |
|
En 503.01-En 503.04 |
RSA 12-P:5, IV; 370:1-5 |
|
En 504.01-En 504.07 |
RSA 12-P:5, IV; 374:1;
374:54; 49 C.F.R. Parts 191 and 192 |
|
En 505.01-En 505.07 |
RSA 12-P:5, IV; 370:1-11;
374:3 |
|
En 506.01-En 506.03 |
RSA 12-P:5, IV; 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 |
|
En 507.01-En 507.06 |
RSA 12-P:5, IV; 374:3, 8;
374:15; 18 C.F.R. Part 201 |
|
En 508.01-En 508.05 |
RSA 12-P:5, IV; 370:1-5;
374:48-56 |
|
En 509.01-En 509.18 |
RSA 12-P:5, IV; 369:3; 370:1-5;
374:1, 5, 15; 15 U.S.C. § 717 et seq. |
|
En 510.01-En 510.10 |
RSA 12-P:5, IV; 362:4-b;370:2;
374:3, 7-a; 49 U.S.C. § 60101 |
|
En 511.01-En 511.16 |
RSA 12-P:5, IV; 91-A:5;370:2;
374:3-4; 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 192.615 |
|
En 512.01-En 512.10 |
RSA 12-P:5, IV362:4-b;370:2;
374:7-a; 49 U.S.C. § 60101 |
APPENDIX B
DOCUMENTS INCORPORATED BY
REFERENCE
|
Rule |
Title |
Publisher;
How to Obtain; and Cost |
|
U.S. Department of Transportation Form (accessed and printed on
February 23, 2013): PHMSA F
7100.1 (Rev. 06-2011) - Incident Report - Gas Distribution System |
En 504.06(a)(1); En
508.05(a)(2)(a); En 511.07(a)(1) |
Available for
download at no charge at: http://www.phmsa.dot.gov/pipeline/library/forms (contact information as above) |
|
Welding of Pipelines and Related Facilities, American Petroleum
Institute Standard 1104, Section 6 |
En 506.01(d)(2) |
Available for a cost of
$422.00 (in PDF or print format) at: https://www.api.org/. |
|
Utilities Accommodation Manual prepared by the New Hampshire state department of
transportation (February 2010 edition) |
En 506.02(a)(1) |
Available for download at
no charge at: http://www.nh.gov/dot/org/projectdevelopment/highwaydesign/units/designservices/utility/index.htm (NHDOT contact information: New
Hampshire Department of Transportation, John O. Morton Bldg., PO Box
483/7 Hazen Drive, Concord, New Hampshire 03302-0483; Telephone:
603-271-3734) |
|
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) |
En 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 Department of Energy. |
|
Purging Principles and Practice, American Gas Association (2001 edition) |
En 506.02(i) |
Available for download at
no charge on the Department website at: Pipeline Safety
| NH Department of Energy (AGA contact
information: AGA, 400 North Capitol St
NW #450, Washington, DC 20001; Telephone: 202-824-7000) |
|
U.S. Department of Transportation Form (accessed and printed on
February 23, 2013): PHMSA F
7100.1-1 (01-2011) - Annual Report for Calendar Year 20_ - Gas Distribution System |
En 508.05(a)(2)(b) |
Available for
download at no charge at: http://www.phmsa.dot.gov/pipeline/library/forms (contact information as above) |
|
U.S. Department of Transportation Form (accessed and printed on
February 23, 2013): PHMSA F
7100.2 (Rev. 12-2012) Incident Report – Natural and Other Gas Transmission
and Gathering Pipeline Systems |
En 508.05(a)(2)(c) |
Available for
download at no charge at: http://www.phmsa.dot.gov/pipeline/library/forms (contact information as above) |
|
U.S. Department of Transportation Form (accessed and printed on February
23, 2013): PHMSA F
7100.2-1 (Rev. 12-2012) - Annual Report for Calendar Year 20_ - Natural and Other Gas Transmission and Gathering
Pipeline Systems |
En 508.05(a)(2)(d) |
Available for
download at no charge at: http://www.phmsa.dot.gov/pipeline/library/forms (contact information as above) |
|
Form Number 2 – Major
Natural Gas Pipeline Annual Report |
En 509.17(a) |
Available from the
publisher, Federal Energy Regulatory Commission (FERC) at no cost at
http://www.ferc.gov/docs-filing/forms.asp |
|
Training Guide for Operators of Small
LP Gas Systems, U.S. Department of Transportation (April 2001 edition). |
En 511.01(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) |
|
ASME Guide for Gas Transmission and Distribution Piping Systems, Guide
Material Appendix G-11A (1983 edition).
|
En 511.14(n) |
Available for review at the
Department of Energy. 21 So. Fruit Street, Suite 10, Concord, NH 03301 |
|
American
National Standards Institute (ANSI)/National Fire Protection Association
(NFPA) standards: 54 (National Fuel Gas Code) |
En 511.02(a); En 511.08(d)); En 511.14(g)(1)
58 (Liquefied Petroleum Gas Code) En 511.01(b); En 511.02(b); En 511.08(a) and (b) En 512.03(c)(10) |
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 Batterymarch Park, Quincy,
Massachusetts 02169-7471; Telephone:
617-770-3000 or 1-800-344-3555) |