Ga. Comp. R. & Regs. R. 515-9-7-.01 - Countywide Gas Safety Plan

(1) Definitions.As used in this Rule, the following terms shall have the following definitions:

(a) "Distribution System" means mains, services, and equipment which carry or control the supply of natural gas from the point of local supply or supplies to and including the consumers' meters. For purposes of this Rule,"Distribution System" shall include any segment of transmission line being used to serve retail end users.

(b) "Municipality" means a city, county or any other political subdivision of a State.

(c) "Natural Gas Safety Plan" or "Plan" means a written set of procedures approved by the Commission to minimize unsafe situations and the potential for confusion among emergency response personnel and the public in a county where more than one Operator has a natural gas Distribution System. Natural Gas Safety Plans must include the elements required by this Rule and shall not conflict with state and federal pipeline safety laws and regulations.

(d) "Operator" means any person (including a municipality) who engages in the transportation of natural gas by pipeline, except that the term shall not mean a master-meter operator.

(e) "Overlap area" and "overlapping area"mean any geographic area where a natural gas operator has or seeks legal authority to provide (or is providing or running gas lines to provide) distribution pipeline facility service or has a transmission line providing distribution service in a county within five (5) miles of the gas facilities of another natural gas operator.

(f) "Person" means any individual, firm, joint venture, partnership, corporation, limited liability company, association, authority, municipality, cooperative association, joint-stock association, trustee, receiver, assignee or personal representative.

(g) "Public Officials and Emergency Responders" mean fire and law enforcement authorities, 911 call centers and other public officials responsible for protecting the public and responding to natural gas related emergencies.

(h) "Pipeline Facility" means new and existing pipeline, rights-of-way, and any equipment, facility, or building used in the transportation of natural gas or in the treatment of natural gas during the course of transportation.

(2) Requirement To Establish and Comply with a Natural Gas Safety Plan.

(a) On or after the effective date of this Utility Rule, an Operator that has not previously provided natural gas distribution service in a county, or in an overlapping area of a county, shall not install or extend a distribution pipeline facility or otherwise provide such additional or extended gas distribution service in such county without first applying for and receiving approval from the Commission of a Natural Gas Safety Plan including the applicant Operator's proposed installation or extension pursuant to the procedures set forth in Section (2) of this Rule.

(b) Within one year after the effective date of this Utility Rule or earlier if necessitated by subsection (a), all Operators having a natural gas Distribution System Pipeline Facility within any county where more than one Operator provides natural gas distribution service shall jointly file with the Commission a proposed Natural Gas Safety Plan for the county. If, upon review, the Commission finds that the proposed Natural Gas Safety Plan is appropriate, sufficient and is otherwise in the public interest, the Commission may approve it. If the Operators cannot agree on a Natural Gas Safety Plan, or if their proposed Plan is determined by the Commission not to be appropriate, sufficient or in the public interest, then the Commission may modify the proposed Plan or may adopt its own Plan, but shall provide prior notice and opportunity for a hearing to all Operators within the county . In any such hearing, all Operators having a natural gas Distribution System Pipeline Facility within the county shall be parties to the proceeding.

(c) After a Countywide Natural Gas Safety Plan has been approved for a county, no Operator may install or extend a distribution pipeline facility in such county if such Operator is not included in the Countywide Natural Gas Safety Plan. In such cases, the Operator seeking to extend or install new pipeline facilities in such county, shall provide notice to every Operator currently having distribution pipeline facilities in such county of its desire to extend or install new facilities in any portion of the county and shall work in good faith with the existing Operator, or Operators, to file with the Commission a jointly proposed Natural Gas Safety Plan, or amendment to an existing natural gas safety plan, for such county. If the Operators cannot agree within thirty (30) days of receipt of such notice, then the operator seeking to install or extend gas distribution pipeline facilities within such county shall file the proposed Plan or proposed amendment to an existing Plan with the Commission; and the Commission, after notice and public hearing, shall decide whether to grant, modify, or deny the proposed Natural Gas Safety Plan or Plan amendment for such county. In any such hearing, all Operators in the county shall be parties of record to the proceeding.

(d) Each Operator shall comply with all applicable Commission-approved Natural Gas Safety Plans and shall not install or extend gas pipeline facilities beyond the demarcation of safety boundaries for facilities in such approved Natural Gas Safety Plan without amendment of the Natural Gas Safety Plan being first approved by the Commission pursuant to the amendment procedures set forth in Section (4) herein. Failure to comply with this Rule and any applicable Natural Gas Safety Plan approved by the Commission shall render the non-complying Operator subject to Commission assessment, after notice and hearing, of civil penalties as authorized in O.C.G.A. § 46-2-91.

(3) Required Elements of Natural Gas Safety Plan. A Natural Gas Safety Plan must include the following elements :

(a) For all overlap or overlapping areas and for counties in which an operator or Commission's Pipeline Safety staff has made a request pursuant to subsection (g), a clear demarcation of boundaries for distribution pipeline facilities shall be made in the overlapping area or county to eliminate or minimize the duplication or commingling of said facilities. Where possible, such demarcation shall utilize readily identifiable landmarks and natural or man-made boundaries so that first responders, customers, excavators, and all others can more easily determine which operator to contact in the event of an emergency and so that operators will be better able to quickly and safely respond to such emergencies.

(b) An appropriate and sufficient method and procedure for notifying and updating first responders, appropriate fire departments, law enforcements, the county 911 center and other public officials, of the boundaries contained in the natural gas safety plan and of any changes to such facilities boundaries upon amendment of the natural gas safety plan. Such information must be updated and maintained by each Operator in current form at least annually.

(c) A provision requiring Operators to exchange up-to-date detailed maps showing the location of the natural gas pipeline facilities of each Operator within the county. In addition, the Plan shall require Operators to provide to Public Officials and Emergency Responders within the county detailed area maps providing the area within the county assigned to the Operator pursuant to the Plan and any areas in which Public Officials and Emergency Responders should contact multiple Operators in the event of a natural gas emergency. Said area maps for Public Officials and Emergency Responders shall not be required to show the location of pipeline facilities.

(d) An appropriate and sufficient procedure for updating the maps required under subsection (3)(c) of this Rule on at least an annual basis.

(e) An appropriate and sufficient procedure for Operators to follow if they are contacted by members of the public or Public Officials and Emergency Responders regarding a natural gas related emergency involving facilities that belong to another Operator.

(f) Appropriate and sufficient procedures for Operators to fulfill the duties imposed under subsections (6) and (7) of this Rule, regarding communication with Public Officials and Emergency Responders and other Operators.

(g) Where requested by any operator or the Commission's Pipeline Safety Staff, or in counties where any Operator has an existing or proposed natural gas Distribution System within five miles of another Operator's Distribution System in such county, the Natural Gas Safety Plan for each such county shall include boundaries between all Operators' Pipeline Facilities in such county or counties. These boundaries shall be established as follows:

Operators shall negotiate in good faith, directly or through designated agents, to agree upon boundaries using appropriate natural and artificial landmarks. The geographical beginning point for negotiations shall be the location of the existing Distribution Systems Pipeline Facilities of the Operators as of the effective date of this Rule. However, the boundaries established by an existing certificate of public convenience and necessity and, in the case of a municipality distributing natural gas within a county for which such a certificate is not required, the boundaries of the county shall be relevant but not necessarily controlling.

1. Nothing in this Rule shall prevent Operators from voluntarily agreeing to transfer customers or facilities provided, however, that any such transfer of customers shall require Commission approval and that the Operators shall be required to inform affected customers and provide notice of hearing opportunity before the Commission to the affected customers. Provided further that the Commission may, upon complaint or on its own initiative, after notice and opportunity for a hearing, order such a transfer of customers or pipeline facilities on such terms and conditions as the Commission may deem appropriate, compensatory and just (including, but not limited to, ordering the transferee Operator to compensate the transferor Operator for the reasonable value of pipeline facilities so transferred). No customer shall be transferred except upon a finding by the Commission that such a transfer is required in the interest of safety and, in a consolidated proceeding involving certification as well as a Natural Gas Safety Plan, such transfer is otherwise in the public interest under O.C.G.A. Chapter 46-4. Transferred customers shall not be assessed any fees or charges in connection with any transfer.

2. Negotiations between and among Operators in counties where more than one operator has distribution pipeline facilities shall commence within 120 days of the effective date of this Rule. If the Operators do not agree on safety-based boundaries within three months of the initiation of negotiations, then, upon demand by any Operator, all Operators shall participate in good faith, non-binding mediation before the Commission's Pipeline Safety Staff or before a neutral third party selected by unanimous agreement of the Operators.

3. If the Operators do not agree on boundaries by the deadline for filing the Natural Gas Safety Plan, the Commission may cite any or all such Operators for violation of this Rule and shall establish safety-based boundaries after providing notice and opportunity for a hearing to all such Operators. In any such hearing, all Operators in the county shall be parties to the proceedings.

4. In addition to the other factors set forth in this Rule, factors relevant to the creation and evaluation of safety-based boundaries under this Rule shall include, but not be limited to, the following: whether a proposed boundary makes appropriate use of natural and artificial boundaries to promote safety, whether such boundary minimizes customer confusion and transfers, allows for the Operator to educate customers as well or better on safety issues and causes minimal confusion on safety matters for gas customers proposed to be transferred from one Operator to another under the proposed Plan, as well as any other factors relevant to safety and emergency response. Provided, however, nothing in this Rule shall be construed as depriving this Commission of its jurisdiction and authority over, and duty to protect gas customers from, arbitrary or otherwise unlawful transfer from one gas operator to another on non-safety grounds contained in O.C.G.A. Chapter 46-4.

5. Each Natural Gas Safety Plan shall provide that Operators will not construct or install any natural gas distribution facilities in a county except in accordance with any safety-based boundaries established under the applicable Natural Gas Safety Plan unless the Plan is first amended as provided in this Rule to allow the proposed construction or installation.

6. Each Natural Gas Safety Plan shall provide that Operators receiving requests from potential customers to provide natural gas service in areas that they are unable to serve under the safety-based boundaries established by the Plan will direct the customer to the Operator that can serve the potential customer consistent with the Plan or promptly petition to amend the Plan pursuant to the provisions of this Rule in order to afford such service.

7. At the time of the filing of a Natural Gas Safety Plan, all Operators holding a certificate of public convenience and necessity encompassing any portion of the county shall, as a consolidated filing to the Plan, petition to amend its certificate boundaries to be consistent with any safety-based boundaries proposed to be established by the Plan.

8. Once safety-based boundaries are approved by the Commission as part of a Plan, the Commission shall give great deference to those boundaries in any proceeding where an Operator is seeking to amend or change such boundaries. Further, the Operator seeking to amend the previously approved safety-based boundaries must show that the proposed amendment does not compromise the level of safety established by such existing Commission-established boundaries.

(h) Each Natural Gas Safety Plan shall include, if appropriate, procedures to minimize and manage any safety risks in areas of proximity (including, but not limited to, crossings) that remain between existing natural gas Distribution Systems after adoption of the Plan.

(4) Amendments to Natural Gas Safety Plan. After adoption of a Natural Gas Safety Plan by the Commission, any Operator in the county may petition the Commission to amend, or the Commission may on its own motion initiate proceedings to amend, the Natural Gas Safety Plan . The Operator proposing to amend the Plan shall provide notice to every Operator with a natural gas Distribution System in the county of its proposed amendment and shall work in good faith with the existing Operator or Operators to file a jointly proposed amendment with the Commission. If the Operators cannot agree within thirty (30) days of receipt of such notice, then the Operator seeking to amend the Plan shall file with the Commission a proposed amendment to the existing Plan. The Commission shall decide whether to grant, modify or deny the proposed amendment. Before amending a Plan based on the petition of an Operator or on its own motion, the Commission shall provide notice and an opportunity for a hearing to each Operator in the county. In any such hearing, all Operators in the county shall be parties of record.

(5) Incorporation of Natural Gas Safety Plan into Operator Manuals. Each operator in the county shall incorporate the Commission-approved Natural Gas Safety Plan into its operation and emergency manuals.

(6) Operators' Duties to Train on Natural Gas Safety Plan. Each Operator shall furnish its supervisors who are responsible for emergency action with a copy of that portion of the effective edition of the emergency procedures that have incorporated the Commission-approved Natural Gas Safety Plan. In addition, the Operator shall train the appropriate operating and emergency personnel on both the emergency procedures and the approved Natural Gas Safety Plan.

(7) Operators' Duties to other Operators, Public Officials and Emergency Responders. As part of any proposed Natural Gas Safety Plan, each Operator shall establish and maintain liaison with the appropriate Public Officials and Emergency Responders in such county, as well as other Operators having a Distribution System in the county to:

(a) Identify the types of natural gas pipeline emergencies and ways to communicate with the appropriate Operator;

(b) Plan how Operators will proceed if they are contacted by members of the public or Public Officials and Emergency Responders regarding a natural gas emergency involving pipeline facilities that belong to another Operator (including emergency contact numbers of such persons);

(c) Provide updated area maps to Public Officials and Emergency Responders to show areas where each Operator has pipeline facilities (without the necessity of showing the precise location of each such pipeline facility);

(d) Learn the capabilities and resources and location of pipeline facilities for pipeline emergency;

(e) Acquaint other Facility Owner/Operators in the county with its ability in responding to a gas pipeline emergency; and

(f) Plan strategically how the Facility Owner/Operator and Public Officials can engage in mutual assistance to minimize hazards to life or property.

(8) Safety Plan Does Not Constitute Commission Certification. Commission approval or adoption of a Countywide Natural Gas Safety Plan or amendment thereto for any county does not constitute certification of any Operator mentioned in such plan to provide natural gas distribution service or authorization to construct pipeline facilities. Such certification or legal authority, where required, must be separately applied for by any gas operator under O.C.G.A. Chapter 46-4. However, when it would result in administrative efficiency, the Commission may consolidate consideration of any certificate application or applications with consideration of a Countywide Natural Gas Safety Plan. However, in any simultaneous or subsequent certification application proceeding, if the applicant's request for certification is consistent with a current Commission-approved Countywide Natural Gas Safety Plan for the involved area, then such current Commission-approved Plan shall constitute prima facie proof that the applicant's proposed gas installation and operation would be consistent with public safety. Further, if customer transfer is proposed as part of a Countywide Natural Gas Safety Plan, then no customer will be transferred by one gas operator to another without prior notice and opportunity to be heard before the Commission in any related certification hearing or, if no certification hearing is required (e.g., the only gas providers in a particular county may be municipalities located in such county), then such notice to and opportunity for customers to be heard before the Commission on the proposed transfer will be provided as part of the Natural Gas Safety Plan proceeding.

(9) Review and Updating of Gas Safety Plan. In addition to other modification procedures set forth in this rule, at least once every five (5) years, any natural gas safety plan adopted by the Commission shall be reviewed by all operators within a county, amended as necessary by such operators, and submitted to the Commission for approval.

Notes

Ga. Comp. R. & Regs. R. 515-9-7-.01

O.C.G.A. Secs. 46-2-20, 46-2-30 and Commission Utility Rule 515-9-1-.01 [including 49 CFR Parts 191 and 192, as adopted now and in the future].

Original Rule entitled "Countywide Gas Safety Plan" adopted. F. Feb. 27, 2008; eff. Mar. 18, 2008.