2317 Gas service; safety code

PENNSYLVANIA PUBLIC UTILITY COMMISSION

[52 PA. CODE CH. 59]

[L-00050172]

Gas Service; Safety Code

[35 Pa.B. 6775]

   The Pennsylvania Public Utility Commission, on February 3, 2005, adopted a proposed rulemaking order amending § 59.33(b) (relating to safety) so that future amendments to 49 CFR Parts 191--193 and 199 are automatically adopted by the Commission.

Executive Summary

   By Order entered on February 8, 2005, at Docket No. L-00050172, the Commission adopted a Proposed Rulemaking Order to amend § 59.33(b). The purpose of the proposed rulemaking is to modify the current language of § 59.33(b) so that future amendments to 49 CFR Parts 191--193 and 199 can be automatically adopted by the Commission, unless the Commission determines that the amendments should not become effective.

   Under the current language of § 59.33(b), the Commission is required to review, ratify and publish new Federal pipeline safety regulations prior to adopting the Federal safety standards for natural gas transmission and distribution facilities. The proposed amendment to § 59.33(b) will eliminate the current burdensome review and ratification process that unnecessarily delays incorporation of amendments to the Federal safety standards. Specifically, the Commission's Gas Safety Division will eliminate several hundred hours from the amount of time it currently spends on regulatory review and approval.

Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on December 7, 2005, the Commission submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Committees. A copy of this material is available to the public upon request.

   Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections shall specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Commission, the General Assembly and the Governor of comments, recommendations or objections raised.

Public Meeting held
February 3, 2005

Commissioners Present: Wendell F. Holland, Chairperson; Robert K. Bloom, Vice Chairperson; Glen R. Thomas; Kim Pizzingrilli

Proposed Rulemaking Amending 52 Pa. Code § 59.33(b) (Gas Service: Safety Code); Doc. No. L-00050172

Proposed Rulemaking Order

By the Commission:

   Through the instant rulemaking order, the Commission is soliciting comments concerning proposed amendments to § 59.33(b) of the Commission's regulations, 52 Pa. Code § 59.33(b). Section 59.33(b) sets forth the minimum safety standards for all gas transmission and distribution facilities in Pennsylvania. The purpose of the rulemaking is to modify the current language of § 59.33(b) so that future amendments to 49 CFR Parts 191--193 and 199 are automatically adopted by the Commission, unless the Commission determines that the amendments should not become effective.

   Currently, § 59.33 (b) provides the procedure by which the Commission adopts, except as otherwise indicated, the Federal safety standards for natural gas transmission and distribution facilities. The Federal standards have been established by the United States Department of Transportation (DOT) as set forth in 49 U.S.C.A. §§ 60101, et seq., and as implemented in 49 CFR Parts 191, 192, 193 and 199. Section 59.33(b) provides, in pertinent part, that amendments to Title 49 will become effective in Pennsylvania upon the date of entry of a Commission ratification order when that order is served upon all jurisdictional natural gas companies or, alternatively, upon the date of such order's publication in the Pennsylvania Bulletin.

   We now propose specific changes to § 59.33(b) in order to eliminate the requirements that the Commission review, ratify, and publish new Federal pipeline safety regulations or, alternatively, serve all jurisdictional gas utilities with a Commission order ratifying the new Federal regulations. Additionally, we propose to add language that automatically adopts future amendments to 49 CFR Parts 191--193 and 199, unless notice is provided in the Pennsylvania Bulletin that identifies specific amendments or modifications that shall not be adopted by the Commission.

   Accordingly, under sections 501 and 1501 of the Public Utility Code, 66 Pa.C.S. §§ 501 and 1501, 45 P. S. §§ 1201--1202, and the regulations promulgated thereunder at 1 Pa. Code §§ 7.1, 7.2, and 7.5, section 204(b) of the Commonwealth Attorneys Act, 71 P. S. § 732.204(b), section 5 of the Regulatory Review Act, 71 P. S. § 745.5, and section 612 of The Administrative Code of 1929, 71 P. S. § 232, we propose to amend our regulations as set forth in Annex A; Therefore,

It Is Ordered That:

   1.  The proposed rulemaking be opened to consider the regulation set forth in Annex A.

   2.  The Secretary shall submit this order and Annex A to the Office of Attorney General for review as to form and legality.

   3.  The Secretary shall submit this order and Annex A to the Governor's Budget Office for review of fiscal impact.

   4.  The Secretary shall submit this order and Annex A for review and comment by the designated standing committees of both Houses of the General Assembly, and for review and comment by the Independent Regulatory Review Commission.

   5.  The Secretary shall certify this order and Annex A and deposit them with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   6.  Within 30 days of this order's publication in the Pennsylvania Bulletin, an original and 15 copies of any comments concerning this order should be submitted to the Pennsylvania Public Utility Commission, Attention: Secretary, P. O. Box 3265, Harrisburg, PA, 17105-3265. Alternate formats of this document are available to persons with disabilities and may be obtained by contacting Sherri Delbiondo, Regulatory Coordinator, Law Bureau, at [phone] or through the AT&T Relay Center at [phone].

   7.  The contact persons for this rulemaking are (technical) Paul J. Metro, Chief, Gas Safety Division, [phone] and (legal) Jaime M. McClintock, Assistant Counsel, Law Bureau, [phone].

JAMES J. MCNULTY,   
Secretary

   Fiscal Note: 57-238. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 52.  PUBLIC UTILITIES

PART I.  PUBLIC UTILITY COMMISSION

Subpart C.  FIXED SERVICE UTILITIES

CHAPTER 59.  GAS SERVICE

SERVICE AND FACILITIES

§ 59.33. Safety.

*      *      *      *      *

   (b)  Safety code. [Unless otherwise authorized by the Commission, the] The minimum safety standards for all gas transmission and distribution facilities in this Commonwealth shall be those issued under the pipeline safety laws as found [at] in 49 U.S.C.A. §§ 60101--60503 and as implemented in 49 CFR Parts 191--193 and 199, including all subsequent amendments thereto [which have been reviewed by the Commission and ratified by an order published in the Pennsylvania Bulletin or alternatively served on all jurisdictional gas utilities. The date the Commission's order is entered, or in the case of publication, the date of publication in the Pennsylvania Bulletin shall serve as the effective date of the amendments]. Future Federal amendments to 49 CFR Parts 191--193 and 199, as amended or modified by the Federal government, shall have the effect of amending or modifying the Commission's regulations with regard to the minimum safety standards for all gas transmission and distribution facilities. The amendment or modification shall take effect 60 days after the effective date of the Federal amendment or modification, unless the Commission publishes a notice in the Pennsylvania Bulletin stating that the amendment or modification may not take effect.

*      *      *      *      *

[Pa.B. Doc. No. 05-2317. Filed for public inspection December 16, 2005, 9:00 a.m.]