Duke Energy — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 OCT 2 4 2019 Charles Denny Duke Energy 410 S. Wilmington Street, NC15 Raleigh, NC 27601 Reference No. 19-0084 Dear Mr. Denny: This letter is in response to your June 19, 2019, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to lithium metal batteries contained in equipment. Specifically, you provide the following scenario and ask whether the lithium battery mark requirement applies to your packages: • You state Duke Energy receives smart grid electric meters that each contain a single lithium metal battery with a content of :S 2 grams of lithium per battery; • Each smart grid electric meter containing a single lithium metal battery will be classified as "UN3091, Lithium metal batteries contained in equipment, 9"; • Each consignment includes individual non-specification packages sent from the manufacturer containing four smart grid electric meters per box, with 30 of these non- specification packages shrink-wrapped together to a pallet, for a total of 120 smart grid electric m~ters per pallet; and • You state the shipments of these smart grid electric meters will be transported by highway. We have paraphrased and answered your questions as follows: Q 1. You ask whether each package would be required to be marked with the lithium battery mark. Al. The answer is yes. Based on the information you provided, each package must display the lithium battery mark as required in§ 173.185(c)(3) since there are more than two packages in the consignment. Q2. You inquire about the marking requirements if the manufacturer decides to ship all 120- smart grid electric meters in one non.:specification rigid outer package (rather than four smart grid electric meters per box).#

Page 2A2. Based on the information you provided, the outer package containing the 120 electric meters must display the lithium battery mark (see § 173. l 85(c)(3)) as the package contains more than two lithium batteries contained in equipment. I hope this information is helpful. Please contact us if we can be of further assistance. Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3Dodd, Alice (PHMSA) From: Sent: To: Subject: INFOCNTR (PHMSA) Wednesday, June 19, 2019 12:28 PM Hazmat Interps FW: Lithium Metal Battery in Electric Meters Hello Alice and lkeya, Below is a request for letter of interpretation. Thanks, Jonathon From: Denny, Chuck [mailto:Chuck.Denny@duke-energy.com] Sent: Wednesday, June 19, 2019 10:10 AM To: PHMSA HM lnfoCenter <PHMSAHMlnfoCenter@dot.gov> Cc: Denny, Chuck <Chuck.Denny@duke-energy.com> Subject: Lithium Metal Battery in Electric Meters PHMSA, We receive electric meters that each contain a single lithium metal battery (not a button cell battery) which has a content of.'.::. 2 g lithium. The smart grid meters would be considered "lithium metal batteries contained in equipment." Individual non-specification packages from the manufacturer contain four electric meters per box. 30 non- specification boxes with the electric meters are shrink-wrapped to a pallet. Each pallet contains a total of 120 meters (4x30). Shipments from the manufacturer are made by highway. • Due to there being over 2 packages per consignment (30 boxes) even if there is only one battery per box, is it correct that each box would be required to be marked with the lithium battery hazard communication marking identified in 49 CFR 173.185(c)(3) when shipped by highway? • If the manufacturer decides to ship the 120 meters in one non-specification package (rigid outer container) rather than 4 meters per box, what are the marking requirements for the one package when shipped by highway? Each of the 120 electric meters would contain one lithium metal battery(.'.::. 2 g lithium per battery) and there would only be one package for the consignment. Thanks in advance for responding to these questions. DUKE ENERGY ® Thanks, Charles (Chuck) Denny, CHMM Duke Energy Corporation DOT Hazmat and Waste SME Environmental Services Environmental Programs 1#

Page 4410 S. Wilmington Street, NClS Raleigh, NC 27601 919-546-6716 (Office) 980-312-4232 (Cell) 919-546-3669 (Fax) 2#