{"operation":"document","citation":"PI-23-0001","title":"Pacific Gas & Electric Company — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2023-04-06","effective_on":null,"summary":"PI-23-0001 response to Pacific Gas & Electric Company concerning 199.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-23-0001.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-23-0001.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-23-0001","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/pipeline/interpretations/77451/pge-and-local-1245-pi-23-0001-04-06-2023-part199-1.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nFebruary 14, 2023\nPhilip Simpkins\nSenior Counsel\nPacific Gas & Electric Company\nLaw Department\n77 Beale Street\nSan Francisco, CA 94105\nDear Mr. Simpkins:\nIn your December 19, 2022, letter to the Pipeline and Hazardous Materials Safety Administration\n(PHMSA) you requested an interpretation of the federal pipeline safety drug & alcohol (D&A)\nregulations in 49 CFR Part 199 with respect to employees who perform back-up coverage of\nemergency dispatching job duties that are regularly performed by PG&E’s Work & Resource\nDispatcher – Gas employees (“Gas Dispatchers”).\nYou detailed the role of PG&E’s Gas Dispatchers in your letter with regards to emergency gas\ncalls and, while not specifically stated, your letter implies that PG&E has determined its Gas\nDispatchers are covered employees subject to PHMSA’s D&A Testing regulations.\nThe D&A regulations in § 199.3 define “performs a covered function” to include “actually\nperforming, ready to perform, or immediately available to perform a covered function.\n”\nMoreover, PHMSA has issued several interpretations wherein we consistently explain that an\nemployee who performs a covered function is a covered employee regardless of their job title or\nwhether they perform those functions full-time, part-time, or as a back-up.\nThe Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written clarifications of the Regulations (49 CFR\nParts 190-199) in the form of interpretation letters. These letters reflect the agency's current application of the regulations to the specific facts\npresented by the person requesting the clarification. Interpretations are not generally applicable, do not create legally-enforceable rights or\nobligations, and are provided to help the specific requestor understand how to comply with the regulations.\n\n<<<PAGE 2>>>\n\n2\nBased on the information you provided, the PG&E Electric Dispatch employees who perform the\nback-up Gas Dispatch duties you described are covered employees as defined in § 199.3 and are\nsubject to PHMSA’s D&A Testing regulations because PG&E has determined that their Gas\nDispatchers are covered employees.\nIf we can be of further assistance, please contact Tewabe Asebe at 202-366-5523.\nSincerely,\nJohn A. Gale\nDirector, Office of Standards\nand Rulemaking\nThe Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written clarifications of the Regulations (49 CFR\nParts 190-199) in the form of interpretation letters. These letters reflect the agency's current application of the regulations to the specific facts\npresented by the person requesting the clarification. Interpretations are not generally applicable, do not create legally-enforceable rights or\nobligations, and are provided to help the specific requestor understand how to comply with the regulations.\n\n<<<PAGE 3>>>\n\nPacific Gas and\nElectric Company TM\nPhilip Simpkins\nSenior Counsel\nMailing Address\nP.O. Box 7442\nSan Francisco, CA 94120\nStreet/Courier Address\nLaw Department\n77 Beale Street\nSan Francisco, CA 94105\n(415) 416-8960\nEmail: p3sr@pge.com\nVia U.S. and Electronic Mail\nDecember 19, 2022\nJohn A. Gale\nDirector, Office of Standards and Rulemaking\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nRe: Interpretation of 49 CFR § 199.1 re Back-up Dispatch for Gas Emergencies\nDear Director Gale:\nThe purpose of this letter is to request an interpretation regarding the applicability of PHMSA’s\nDrug and Alcohol Testing regulations, codified in 49 CFR Part 199, to specific classifications of\nemployees working at Pacific Gas & Electric Company (“PG&E”) and represented by the\nInternational Brotherhood of Electrical Workers, Local 1245 (“Local 1245”). The pertinent\nclassifications of employees perform back-up coverage of emergency dispatching job duties that\nare regularly performed by PG&E’s Work & Resource Dispatcher – Gas employees (“Gas\nDispatchers”), as further explained below. PG&E and Local 1245 are jointly submitting this\nrequest in the hopes that a definitive response from your office will help the parties avoid the\nneed to submit this issue of regulatory interpretation to a labor arbitrator who lacks specific\nexpertise in PHMSA’s anti-drug and alcohol misuse prevention requirements.\nUnder 49 CFR § 199.1, operators of pipeline facilities are required to test covered employees for\nthe presence of prohibited drugs and alcohol. Covered employees include any employees who\nperform an emergency-response function as part of work regulated by Part 192 on a pipeline or\non an LNG facility. As clarified by the Office of Pipeline Safety in its Interpretation Response\nPI-90-019 (a copy of which is attached as Exhibit A), “dispatch[ing] service personnel” to gas\npipeline emergencies and “notifying fire and police officials” of the pipeline emergency are both\nemergency-response functions regulated by Part 192. More recently, the Office of Standards and\nRulemaking in its Interpretation Response PI-22-0001 reaffirmed that “dispatching of personnel\nto the scene” of a gas leak (and presumably any other gas emergency concerning a pipeline) is an\nemergency response function regulated by Part 192 and performed on a pipeline. (Exhibit B.)\nPart 199 explains that a worker “performs a covered function” when that individual is “actually\nperforming, ready to perform, or immediately available to perform a covered function.” This\n\n<<<PAGE 4>>>\n\nJoint Interpretation Request\nDecember 19, 2022\nPage 2\ndefinition, which we recognize was updated in 2001, appears to be consistent with prior\nexplanations by George W. Tenley, Jr., Associate Administrator for Pipeline Safety, regarding\nthe scope of work that will bring employees into coverage because they are considered to be\nperforming emergency-response duties, in interpretations he authored on February 5, 1991 and\nMay 9, 1991. (Exhibits C & D.) Those responses explained that employees who “seldom,”\n“infrequently,” “only temporarily,” or “rarely” perform emergency response duties are included\nwithin the scope of Part 199 and, even those whose assignments “have a potential to do a\ncovered function…even if that person has not yet done a covered function” are still considered\nemployees who perform emergency response functions.\nPG&E’s Gas Dispatchers take emergency calls routed to them by PG&E’s Customer Contact\nCenters, including calls reporting suspected gas leaks, which can include leaks inside the\ncustomer’s home or business, at the meter, or elsewhere on their property. They also take calls\nfrom 911 agencies (fire, police) reporting gas emergencies, such as gas leaks, dig-ins to\npipelines, fires, vehicle impacts to gas facilities, exposed gas pipes, and even potential\nexplosions. Calls from 911 agencies are first directed to a subset of Gas Dispatchers, called the\nPowerline Dispatch team, during the Powerline working hours of 6 a.m. to 6 p.m., Monday\nthrough Friday, and 8 a.m. to 6 p.m. on weekends. Outside of these regular service hours, or\nwhenever Powerline Dispatch is non-operational because of a systems-down condition, then 911\nagency calls are routed directly to all available Gas Dispatchers. 911 calls also will roll over to\nthe Gas Dispatchers when there is an increase in call volume beyond what Powerline Dispatch is\nable to handle. For any emergency gas calls handled by a Gas Dispatcher, the individual is\nexpected to manage the emergency response coordination. Because PG&E does not know, until\nit has personnel on the scene, how serious a potential gas emergency may be, all potential gas\nemergency calls are dispatched as “Priority Zero,” meaning that immediate response to the scene\nis required. (See Exhibit E.) Dispatcher’s coordination of this response includes using PG&E’s\nfield automation system (FAS) dispatch application to report the incident and send a Gas Service\nRepresentative (GSR) to the scene of the incident. If the GSR needs assistance, the Gas\nDispatcher notifies the GSR’s supervisor and command is transferred to the supervisor upon\ntheir arrival at the scene. Gas Dispatchers are also responsible for dispatching any other\nappropriate field responders to the scene of a gas emergency and serve as the primary link\nbetween all internal and external first responders.\nPG&E’s Work & Resource Electric Dispatchers (“Electric Dispatchers”), in turn, serve as back-\nup to the Gas Dispatch team. If Gas Dispatch is overloaded or if Gas Dispatch otherwise goes\noffline, due to technology issues, building evacuations (e.g., a fire alarm), or natural disaster\n(e.g., an earthquake), emergency gas calls – which may be routed from a Customer Contact\nCenter or directly from 911 agencies – are sent to Electric Dispatch. When serving this back-up\nfunction, Electric Dispatchers perform all the same functions as their Gas Dispatch counterparts.\nElectric Dispatchers are specifically trained in how to handle Gas Dispatch work, including gas\nemergency calls. The utilize the FAS dispatch application to report the incident and to send a\nGSR and/or a GSR supervisor to the scene. The role of Electric Dispatchers as back-up to Gas\nDispatch for gas emergencies is identified in PG&E’s “Gas Dispatch and Scheduling Handling\n911 Calls – Emergency Response” and “Electric Operations Restoration Dispatch – Gas\n\n<<<PAGE 5>>>\n\nJoint Interpretation Request\nDecember 19, 2022\nPage 3\nDispatch Tech Down” procedure bulletins, which are part of PG&E’s “Gas Emergency Response\nPlan” developed and maintained as required by Part 192. (See, respectively, Exhibits F, G, and\nH.)\nAs mentioned above, PG&E and Local 1245 are requesting a definitive answer as to whether\nElectric Dispatch employees who perform the above-described functions, in the above-described\nback-up role, should be considered covered employees under Part 199.3 and therefore subject to\nPHMSA’s Drug and Alcohol Testing regulations. If a definitive response cannot be provided,\nthen PG&E and Local 1245 would appreciate any insight the Office of Standards and\nRulemaking can provide regarding this issue.\nSincerely,\n/s/Philip Simpkins\nPhilip Simpkins\ncc (email only):\nBob Dean, Business Manager, Local 1245\nBryan Carroll, Assistant Business Manager, Local 1245\nAlex Pacheco, General Counsel, Local 1245\nMatt Levy, Senior Director, Labor Relations, PG&E\nRobin Wix, Manager, Labor Relations, PG&E\nMissy Parry, Chief Counsel, PG&E\n\n<<<PAGE 6>>>\n\nEXHIBIT A\n\n<<<PAGE 7>>>\n\nMay 18, 1990\nMr. Jay C. Rounds\nDirector of Personnel Services\nCity of Palo Alto\nP.O. Box 10250\nPalo Alto, CA 94303\nDear Mr. Rounds:\nYour letter of April 20, 1990, to Cesar De Leon requests our assistance in determining whether\npositions called Communication Dispatcher, Chief Communications Dispatcher, and Manager\nCommunications Operations, which have duties in connection with the City's natural gas distribution\nsystem, are subject to drug testing under 49 CFR Part 199.\nA person is subject to drug testing under Part 199 when that person performs on a gas pipeline an\noperation, maintenance, or emergency-response function that is regulated by 49 CFR Part 192. (See\nthe Part 199 definition of \"employee.\") This jurisdictional test may be transformed into two questions,\nboth of which must be answered affirmatively for Part 199 to require drug testing of a person working\non a gas pipeline:\n(1) Does the function the person performs involve operation of a pipeline, maintenance of\na pipeline, or response to a pipeline emergency?\n(2) Is the function the subject of a Part 192 regulation?\nThe information you provided indicates that the Communications Dispatcher receives calls about\npipeline emergencies and dispatches service personnel. These functions involve responses to a pipeline\nemergency that are regulated under § 192.615. Therefore, persons in the position of Communications\nDispatcher are subject to drug testing under Part 199.\nPersons in the Chief Communications Dispatcher position and Manager Communications Operations\nposition would not be subject to drug testing for directing the work of the Communications\nDispatchers. However, if they perform either of the above functions of the Communications\nDispatcher or any of the other emergency communications functions regulated by § 192.615, such as\nnotifying fire and police officials, they would be subject to drug testing.\ndal/199.3\n90-05-18.2\n\n<<<PAGE 8>>>\n\nI trust this adequately responds to your inquiry.\nSincerely,\nGeorge W. Tenley, Jr.\nDirector\nOffice of Pipeline Safety\ndal/199.3\n90-05-18.2\n\n<<<PAGE 9>>>\n\nEXHIBIT B\n\n<<<PAGE 10>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMarch 03, 2022\nMs. Melissa Kurtz\nBusiness Representative\nI.B.E.W. Local Union 503\n2657 Route 17M\nGoshen, NY 10924\nDear Ms. Kurtz:\nIn your December 7, 2021, letter to the Pipeline and Hazardous Materials Safety Administration\n(PHMSA) you requested an interpretation of the federal pipeline safety regulations in 49 CFR\n§ 192.615 with respect to customer service representatives (CSRs) working for Orange and\nRockland Utilities, a subsidiary of Con Edison. Essentially, you asked if these CSRs are\nPHMSA drug and alcohol (D&A) “covered employees” subject to the Department of\nTransportation (DOT) drug testing.\nWhile 49 CFR Part 199 refers to Parts 192, 193, and 195 and knowledge of those federal pipeline\nsafety regulations is essential to meet the D&A testing regulations in Part 199, the D&A\nregulations requiring interpretation are found in 49 CFR Part 199, not § 192.615. Specifically, in\n§ 199.3, PHMSA defines a D&A “covered employee” and “covered function.”\nPHMSA promulgated the first drug testing regulations in 1988 wherein PHMSA required\npipeline operators to have an “anti-drug program for employees who perform certain sensitive\nsafety-related functions covered by the pipeline safety regulations.”1 While the original drug\ntesting rule did not define covered employee or covered function, it was explained in the rule\npreamble that the drug testing regulations were limited to “those who perform regulated\noperation, maintenance, or emergency-response functions…on existing pipelines.” 2\nPHMSA added the definitions of “covered employee” and “covered function” to Part 199 with\nAmendment 199-15 on March 17, 1998. In that amendment, PHMSA defined “covered\nfunction” to mean “an operations, maintenance, or emergency-response function conducted on\nthe pipeline or LNG facility that is regulated by Part 192, 193, or 195.”3 PHMSA changed the\ndefinition of “covered function” to the current version with Amendment 199-19 on September\n11, 2001. Covered function now means “an operations, maintenance, or emergency-response\n1 53 FR 47084.\n2 53 FR 47089.\n3 63 FR 12998, 13000 (emphasis added).\nThe Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written clarifications of the Regulations (49 CFR\nParts 190-199) in the form of interpretation letters. These letters reflect the agency's current application of the regulations to the specific facts\npresented by the person requesting the clarification. Interpretations are not generally applicable, do not create legally-enforceable rights or\nobligations, and are provided to help the specific requestor understand how to comply with the regulations.\n\n<<<PAGE 11>>>\n\n2\nfunction regulated by [P]art 192, 193, or 195 of this chapter that is performed on a pipeline or on\nan LNG facility.”4\nFrom the onset of the drug testing regulations in 1988, PHMSA has specified that the functions\nperformed by employees subject to the regulations are operations, maintenance, and emergency-\nresponse functions performed on a pipeline.\nYour question relates to a natural gas pipeline facility regulated under Part 192, in which § 192.3\ndefines a “pipeline” to mean “all parts of those physical facilities through which gas moves in\ntransportation, including pipe, valves, and other appurtenance attached to pipe, compressor units,\nmetering stations, regulator stations, delivery stations, holders, and fabricated assemblies.” You\nalso reference § 192.615, which, among other things, requires operators to establish written\nprocedures and perform other actions to minimize the hazard resulting from a gas pipeline\nemergency.\nThe D&A testing regulations do not necessarily cover all emergency-response functions listed in\n§ 192.615. Only those functions in § 192.615 that are performed on a pipeline are “covered\nfunctions.” So, while “receiving, identifying, and classifying notices of events which require\nimmediate response by the operator” [§ 192.615(a)(2)] is a required emergency-response\nfunction, it is not performed on a pipeline and is therefore not a D&A covered function.\nHowever, the “emergency shutdown and pressure reduction in any section of the operator's\npipeline system necessary to minimize hazards to life or property” [§ 192.615(a)(6)] is a D&A\ncovered function because it is performed on a pipeline.\nIn your letter, you referenced PHMSA interpretation PI-20-0007 (April 24, 2020), which cited to\nan earlier interpretation (PL-90-003 dated February 13, 1990) that stated service clerks\nresponsible for performing the following three things are “covered employees” subject to D&A\ntesting:\n1. receiving telephone notices of gas leaks,\n2. identifying those notices that require immediate response by the company; and\n3. dispatching personnel to the scene.\nPHMSA listed those three steps because the accomplishment of all three steps is necessary to\nmeet the requirement that the emergency response function is being performed on a pipeline. In\nthe absence of step three, the emergency response of the CSRs is not performed on a pipeline.\nYou also explain in your letter that the CSRs working for Orange and Rockland Utilities receive\ntelephone notices of gas leaks and identify those notices that require immediate response by the\ncompany, but they do not dispatch personnel to the scene. Instead they send gas emergency calls\nto the operator’s gas emergency response center (GERC), the hub for all gas leak dispatching.\nWithout reviewing the operator’s CSR processes, and based only on the information you\nprovided in your letter, the “dispatching of personnel to the scene” function (item # 3 above) is\nnot performed by the CSRs but by the operator’s GERC. If that is correct, then the CSRs are not\n4 66 FR 47114, 47118 (emphasis added).\nThe Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written clarifications of the Regulations (49 CFR\nParts 190-199) in the form of interpretation letters. These letters reflect the agency's current application of the regulations to the specific facts\npresented by the person requesting the clarification. Interpretations are not generally applicable, do not create legally-enforceable rights or\nobligations, and are provided to help the specific requestor understand how to comply with the regulations.\n\n<<<PAGE 12>>>\n\n3\nperforming an emergency response on the pipeline and, therefore, are not “covered employees”\nsubject to PHMSA drug testing.\nNotwithstanding the above, nothing in Part 199 prohibits an employer from D&A testing any of\nits employees using non-DOT procedures, including those employees already subject to D&A\ntesting under PHMSA regulations.\nIf we can be of further assistance, please contact Tewabe Asebe at 202-366-5523.\nSincerely,\nJohn A. Gale\nDirector, Office of Standards\nand Rulemaking\nThe Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written clarifications of the Regulations (49 CFR\nParts 190-199) in the form of interpretation letters. These letters reflect the agency's current application of the regulations to the specific facts\npresented by the person requesting the clarification. Interpretations are not generally applicable, do not create legally-enforceable rights or\nobligations, and are provided to help the specific requestor understand how to comply with the regulations.\n\n<<<PAGE 13>>>\n\nI.B.E.W.\nL □ CAL UNl □ N S03\n2657 ROUTE 17M\nGOSHEN, NY1O924\nDecember 7, 2021\nPHONE (845) 294.1337\nFAX (845) 294.9754\nEMAIL: IBEW5O3@1BEW5O3.COM\nOffice of Pipeline Safety (PHP-30)\nPHM SA, U.S. Department of Transportation\n1200 New Jersey Avenue SE.\nW ashington, DC 20590-0001\nGood afternoon,\nM y name is M elissa Kurtz and I am the Business Representative for I.B.E.W. Local 503 located in Goshen NY. M y Local represents\nmany of the workers at Orange and Rocklan. d Utilities which is a subsidiary of Con Edison.\nM any of the M embers that work in the Customer Service Department.have come to us with a concern that they are falsely being\ndeemed \"covered employees\" for D &A testing.and should not be tested for marijuana.\nI am writing you today to request that PHM SA perform an interpretation of the. federal pipeline safety regulations in 49 CFR 192.615\nwith respect to the Customer Service Representatives (CSRs) working for Orange and Rockland Utilities. In interpretation response\n#Pl-20-0007, you state, \"Under 49 CFR 192. 615, any person who performs on a gas pipeline a regulated operating, maintenance, or\nemergency response function is subject to POT mandated drug testing.\" This office also lists three tasks associated with being a\n\"covered employee\" subject to D &A testing:\n1. 2. 3. Receiving telephone notices of gas leaks. The C SRs at O range and R ockland Utilities do perform this task. They\nroutinely answer-both electric·ancl gas emergency ca!ls, as well as other billing inquiries.\nIdentifying those notices that require immediate response by the Company. Through the use of a Company developed\nline of que$tidning the CSRs are trained to send the g as emergency calls to the G ERC.\nDispatching personnel to the sceAe. This task is NEVER performed by our C SRs. Orange and Rockland has an\nestablished GERC (Gas Emergency R esponse Center) which is the hub for all gas leak dispatching, ti'l'!e\nreporting and . leak tracking,:At no tim e does a C SR dispatch any gas response personnel to any leak or location.\nLocal 503 believes that due to the fact that the CSRs at Orange and Rockland Utilities do NOT perform all three functions making them\n\"covered employees\", that they ate wrongfully being. tested for marijuana using DOt procedures. This Local is not disputing that the\nCompany has the right to drug and alcohol testing, we simply do not believe that the CSRs fijll into the DOT testing pool.\n• r' : •\nIf any further information is needed, please feel free to contact me at (845) 294-1337. I look ft :>rw a ;d · t~ an interpretation response from\nPHM SA regarding this issue. -· ' · · ·\nM elissa Kurtz\nBusiness Representative\nI.B.E.W Local Union 503\n\n<<<PAGE 14>>>\n\nEXHIBIT C\n\n<<<PAGE 15>>>\n\nFebruary 5, 1991\nMr. Patrick J. Clark\nSr. Industrial Relations Representative\nOrange and Rockland Utilities, Inc.\nOne Blue Hill Plaza\nPearl River, NY 10965\nDear Mr. Clark:\nI am responding to your letters of November 21, 1990, and January\n28, 1991, regarding our drug testing rules in 49 CFR Part 199.\nYou asked whether personnel who relieve Orange and Rockland's\ncustomer service representative during severe storm conditions are\nsubject to drug testing.\nYour November letter indicated that the customer service\nrepresentatives are subject to drug testing under Part 199 because\nthey record information customers report about gas leaks. In\naddition, you said that sever storm conditions occur rarely, and\nthat relief personnel do not usually receive reports of leaks\nduring the short span of their relief assignments.\nRecording information about gas pipeline leaks is a regulated\nemergency-response function to which Part 199 applies. When an\noperator engages a person to do this function, that person is\nsubject to drug testing under Part 199.\nWe conclude from your November letter that relief personnel are\nresponsible for recording leak reports that come in while they are\non duty during a severe storm. Although the relief personnel may\nseldom receive such reports, Part 199 does not except from\ncoverage persons who do regulated emergency-response functions\nonly temporarily or rarely. Therefore, the relief personnel are\nsubject to drug testing under Part 199 as well as the customer\nservice representative.\nI apologize for not answering your first letter sooner. We are\nalways pleased to provide whatever information operators may need\nto understand the Part 199 drug testing requirements.\nSincerely,\nGeorge W. Tenley, Jr.\nAssociate Administrator for\nPipeline Safety\n\n<<<PAGE 16>>>\n\nEXHIBIT D\n\n<<<PAGE 17>>>\n\nMay 9, 1991\nMr. Steven G. Rush\nDorsey & Whitney\n2200 First Bank Place East\nMinneapolis, MN 55402-1498\nDear Mr. Rush:\nI am responding to you letter of March 28, 1991, to Cesar De Leon\nregarding RSPA's drug testing regulations in 49 CFR Part 199. You\nasked whether persons who do a covered function infrequently or\nwho have a potential to do a covered function are subject to all\nfive types of drug testing.\nAs you correctly noted, the persons subject to drug testing under\nPart 199 are those that come under the Part 199 definition of\nemployee. Part 199 are those that come under the Part 199\ndefinition of employees. Part 199 does not except from drug\ntesting persons who serve infrequently as an employee, such as\nsomeone who substitutes for an employee on vacation or sick leave.\nAlso, Part 199 does not allow pipeline operators to conduct only\nsome types of drug testing with respect to persons used\ninfrequently as employees. However, persons to remain\ncontinuously under a Part 199 drug testing program would be\nsubject to pre-employment testing only the first time they are\nengaged to perform a covered function.\nAs for persons who have a potential to do a covered function, each\nperson an operator engages as a Part 199 employee is subject to\ndrug testing, even if that person has not yet done a covered\nfunction. For example, a person an operator employs for an\nemergency-response function may not have to do the function until\nsometime in the future. Meanwhile, the person is subject to each\ntype of drug testing to assure that prohibited drugs do not impair\nthe person's capacity to do the function should an emergency\noccur.\nThank you for your inquiry. Please let me know if you need any\nmore information about our drug testing requirements.\nSincerely,\nGeorge W. Tenley, Jr.\nAssociate Administrator for\nPipeline Safety\n\n<<<PAGE 18>>>\n\nEXHIBIT E\n\n<<<PAGE 19>>>\n\nUtility Procedure: TD-6700P-02\nPublication Date: 11/17/2021 Effective Date: 02/01/2022 Rev: 2a\nGas Dispatch and Scheduling Procedure for Priority Zero Gas Field Orders\nSUMMARY\nThis utility procedure describes how Pacific Gas and Electric (PG&E or Company) work and\nresource (W&R) gas dispatch personnel process immediate response (IR) Priority Zero gas\nfield orders (FOs) on a 24-hour, 365-day basis.\nLevel of Use: Informational Use\nTARGET AUDIENCE\nGas W&R dispatch personnel\nFor information only: Field Services personnel\nSAFETY\nPotential hazards associated with gas dispatch and scheduling work include ergonomic risks\nfrom general office activity.\nBEFORE YOU START\nSuccessfully complete the dispatcher-in-training (DIT) program or (if currently in the DIT\nprogram) work under the direction of fully-trained gas W&R dispatchers, relief dispatchers, or\nsupervisors.\nTABLE OF CONTENTS\nSUBSECTION TITLE PAGE\n1 Overview ........................................................................................................... 2\n2 Dispatching an IR Priority Zero Gas Field Order ................................................ 2\n3 Dispatching Field Orders to Personnel Currently Working on Another Field\nOrder ................................................................................................................. 4\n4 Dispatching Multiple IR Priority Zero Field Orders for the Same Area ............... 4\n5 Pipeline Ruptures and Explosions ..................................................................... 5\n6 Area Odor Events .............................................................................................. 5\n7 Potential Grade One Leak ................................................................................. 5\n8 Potential Cross Bore ......................................................................................... 6\nPG&E Internal Printed copies of this document might be out of date. The Technical Information Library (TIL) has the current version.\n©2021 Pacific Gas and Electric Company. All rights reserved. Page 1 of 9\n\n<<<PAGE 20>>>\n\nUtility Procedure: TD-6700P-02\nPublication Date: 11/17/2021 Effective Date: 02/01/2022 Rev: 2a\nGas Dispatch and Scheduling Procedure for Priority Zero Gas Field Orders\nPROCEDURE STEPS\n1 Overview\n1.1 Respond to each gas IR Priority Zero gas field order (IR FO) in a timely manner.\n2 Dispatching an IR Priority Zero Gas Field Order\n2.1 Determine the appropriate field service person to receive the IR FO as follows:\n1. Using mapping tools as needed, assess location of field resources to identify field\nservice personnel who can best respond to the IR FO location.\n2. Minimize dispatching multiple IR FOs to one field service person.\na. Attempt to identify to the closest field service person not assigned an IR FO\nbefore dispatching multiple IR FOs to the same field service person.\nb. Consider the nearest alternative available field service personnel in, but not\nlimited to, the headquarters or division.\n3. If necessary, use the appropriate 212 list.\n2.2 Contact the identified field service person as follows:\n1. Use the approved process of cell phone as the primary means of contact and radio as\nsecondary (except in areas where the exception has been implemented).\n2. Get verbal acceptance to respond to the IR FO (e-page only when radio and phone call\nnot possible) and note their estimated time of arrival (ETA).\n3. IF attempts to contact the field service person are unsuccessful (there is no mandated\nwait time),\nTHEN direct the IR FO to the available field service person with the next shortest ETA.\n4. Repeat Step 2.2.3 as needed until a field service person is contacted, or the list of shift\npersonnel is exhausted.\n5. IF list of shift personnel is exhausted,\nTHEN determine, based on customer service representative’s remarks, whether IR FO\nshould be issued to field service personnel already working on an IR FO (stacking).\na. IF stacking is appropriate,\nTHEN obtain dispatch supervisor approval to issue IR FO to field service\npersonnel already working on an IR FO.\nPG&E Internal Printed copies of this document might be out of date. The Technical Information Library (TIL) has the current version.\n©2021 Pacific Gas and Electric Company. All rights reserved. Page 2 of 9\n\n<<<PAGE 21>>>\n\nUtility Procedure: TD-6700P-02\nPublication Date: 11/17/2021 Effective Date: 02/01/2022 Rev: 2a\nGas Dispatch and Scheduling Procedure for Priority Zero Gas Field Orders\n2.2 (continued)\n6. IF NO field service personnel are available,\nTHEN follow the callout procedures.\n7. IF NO field service personnel are available through callout,\nTHEN contact the field service personnel supervisor for further instructions AND notify\nthe dispatch supervisor.\n2.3 After verbal or electronic acceptance of IR FO is received, dispatch the IR FO as follows:\n1. Confirm whether the field service person is in available status in field automation\nsystem (FAS).\n2. Dispatch the IR FO.\na. Attempt to have all IR FOs dispatched in 4 minutes or less.\n3. Use one of the following means to verify that the field service person arrives at the IR\nsite by the ETA:\n Verify via FAS (if available).\n Make contact by the approved process of radio and/or phone.\n4. IF field service personnel do not arrive at the IR site by the ETA provided,\nTHEN perform steps below as needed.\na. IF the delay will continue to prevent a timely arrival of the field service\npersonnel,\nTHEN dispatch additional or alternate field service personnel as needed.\nb. IF no other field service personnel are available\nTHEN ask the nearest fire department or law enforcement agency to stand by\nAND request an emergency response escort to the location. When requesting\npolice escort, state, “PG&E is requesting police escort for a serious gas leak.”\nc. IF a 911 agency is on-site and there is a delay on the original ETA provided,\nTHEN provide the agency with the updated ETA.\nPG&E Internal Printed copies of this document might be out of date. The Technical Information Library (TIL) has the current version.\n©2021 Pacific Gas and Electric Company. All rights reserved. Page 3 of 9\n\n<<<PAGE 22>>>\n\nUtility Procedure: TD-6700P-02\nPublication Date: 11/17/2021 Effective Date: 02/01/2022 Rev: 2a\nGas Dispatch and Scheduling Procedure for Priority Zero Gas Field Orders\n2.4 Record the following information in the dispatcher remarks on the IR FO (for additional\nguidance, refer to Utility Procedure TD-6700P-01, Attachment 1, “Dispatcher Remarks”):\n All contact attempts. For unanswered calls, note “Tech ID RDNA/DNA (radio did not\nanswer)” and time called.\n The ETA to the IR FO site. Record the estimated arrival time, not the amount of time\nneeded to reach the site (e.g., 13:40, not 30 min.).\n The actual time of arrival (unless recorded in FAS).\n3 Dispatching Field Orders to Personnel Currently Working on Another Field Order\n3.1 IF an IR FO is dispatched to field service personnel currently planning or conducting a non-\npriority Company-generated FO,\nTHEN the gas W&R dispatcher may reschedule or reassign the Company-generated field\norder (not emergency work) to the same or other field service personnel for completion.\n3.2 IF an IR FO is dispatched to gas field service personnel currently working a customer-\ngenerated FO,\nTHEN, if necessary, the dispatcher may reassign the customer-generated FO to other field\nservice personnel to complete.\n4 Dispatching Multiple IR Priority Zero Field Orders for the Same Area\n4.1 When notified by field service personnel that an IR site has been made safe, perform the\nfollowing steps:\n1. Create a make-safe turn-on FO (4196) in customer care and billing (CC&B).\na. Note “IRMS” (IR made safe) as the first characters, then copy and paste the\noriginal remarks of the made-safe FO in the Office Remarks.\n2. Note “IRMS (IR made safe) + Tech ID of Make Safe GSR + LAN ID of Dispatcher” in\nDSP Remarks.\nExample: IRMS D2GD0M9 SAC4\nPG&E Internal Printed copies of this document might be out of date. The Technical Information Library (TIL) has the current version.\n©2021 Pacific Gas and Electric Company. All rights reserved. Page 4 of 9\n\n<<<PAGE 23>>>\n\nUtility Procedure: TD-6700P-02\nPublication Date: 11/17/2021 Effective Date: 02/01/2022 Rev: 2a\nGas Dispatch and Scheduling Procedure for Priority Zero Gas Field Orders\n5 Pipeline Ruptures and Explosions\n5.1 IF an IR is due to an explosion or suspected transmission pipeline rupture, and field service\npersonnel notify Gas Dispatch of a delay in response or ETA,\nTHEN perform the following steps:\n1. Update the ETA on the IR FO.\na. IF the updated time exceeds communicated on-site time response limits,\nTHEN gas W&R dispatch personnel may attempt to dispatch other field service\npersonnel.\n(1) IF other field service personnel are not available,\nTHEN ask the nearest fire department or law enforcement agency to\nstand by AND request an emergency response escort to the location.\n2. Notify Electric Dispatch personnel of an explosion or suspected transmission pipeline\nrupture report AND provide an address for the creation of an electric IR tag.\n6 Area Odor Events\n6.1 Gas W&R dispatcher may dispatch IR FOs related to the same area odor event to the same\nresponding field service personnel.\n6.2 Take appropriate actions as needed based on field service personnel findings per Utility\nProcedure TD-6700P-03, Attachment 5, “Area Odor Guideline.\n”\n7 Potential Grade One Leak\n7.1 IF field service personnel determine a subsurface gas leak is hazardous, as directed in Utility\nProcedure TD-6100P-02, “Gas Leak and Odor Investigations,\n”\nTHEN create a work order in the Event Management Tool (EMT), requesting that qualified gas\nmaintenance and construction (M&C) field personnel repair the leak per Utility Procedure\nTD-4470P-01, “Gas Crew Tracking Process for Gas Leak or Odor Investigation.”\nPG&E Internal Printed copies of this document might be out of date. The Technical Information Library (TIL) has the current version.\n©2021 Pacific Gas and Electric Company. All rights reserved. Page 5 of 9\n\n<<<PAGE 24>>>\n\nUtility Procedure: TD-6700P-02\nPublication Date: 11/17/2021 Effective Date: 02/01/2022 Rev: 2a\nGas Dispatch and Scheduling Procedure for Priority Zero Gas Field Orders\n7.2 IF a field resource that is not qualified for leak grading encounters a subsurface gas leak that\nis non-hazardous, as described in TD-6100P-02\nTHEN perform the following steps:\n1. Dispatch FO request to operator-qualified gas field personnel to grade the subsurface\nleak.\na. IF no qualified field personnel are available,\nTHEN create a work order in EMT (per TD-4470P-01), requesting leak grade-\nqualified gas M&C field personnel to investigate and grade leak per TD-TD-\n4110P-09.\n2. IF a gas leak source is identified as another utility’s gas main or service,\nTHEN ask the responsible utility to respond.\n8 Potential Cross Bore\n8.1 IF Gas Dispatch receives 911 call or FO from contact center for a cross bore event,\nTHEN dispatch a gas service representative (GSR) and advise the M&C supervisor-in-charge\nof a potential cross bore.\n1. Gas M&C supervisor may dispatch an M&C crew.\n2. Gas dispatcher creates an EMT record identifying the incident as a “cross bore.”\na. IF identified as cross bore,\nTHEN Gas Distribution Control Center (GDCC) will handle event,\nOTHERWISE Gas Dispatch will handle event\n3. Create EMT event on initial cross bore field order\nEND of Instructions\nPG&E Internal Printed copies of this document might be out of date. The Technical Information Library (TIL) has the current version.\n©2021 Pacific Gas and Electric Company. All rights reserved. Page 6 of 9\n\n<<<PAGE 25>>>\n\nUtility Procedure: TD-6700P-02\nPublication Date: 11/17/2021 Effective Date: 02/01/2022 Rev: 2a\nGas Dispatch and Scheduling Procedure for Priority Zero Gas Field Orders\nDEFINITIONS\nCross bore: An intersection of an existing underground facility or structure by a second facility\ninstalled using trenchless technology resulting in direct contact between the facilities,\ncompromising the integrity of the facility or underground service.\nPriority Zero: Immediate response (IR) emergency field order.\nIMPLEMENTATION RESPONSIBILITIES\nThe supervisors responsible for dispatch and scheduling will ensure that personnel who\nperform dispatch and scheduling work are trained and knowledgeable about this utility\nprocedure.\nGOVERNING DOCUMENT\nUtility Standard TD-6700S, “Gas Dispatch and Scheduling Operating Practices”\nCOMPLIANCE REQUIREMENT / REGULATORY COMMITMENT\nRecords and Information Management:\nInformation or records generated by this procedure must be managed in accordance with the\nEnterprise Records and Information (ERIM) program Policy, Standards and Enterprise\nRecords Retention Schedule (ERRS). REFER GOV-7101S, “Enterprise Records and\nInformation Management Standard” and related standards. Management of records includes,\nbut is not limited to:\n Integrity\n Storage\n Retention and Disposition\n Classification and Protection\nREFERENCE DOCUMENTS\nDevelopmental References:\nPacific Gas and Electric Company, “Code of Conduct for Employees”\nPacific Gas and Electric Company/IBEW Labor Agreement\nUtility Manual TD-9660M, Tariff Application Guide\nPG&E Internal Printed copies of this document might be out of date. The Technical Information Library (TIL) has the current version.\n©2021 Pacific Gas and Electric Company. All rights reserved. Page 7 of 9","truncated":true,"body_characters":350158}