§ 1.12 Enforcement Procedures

A.Jurisdiction#

1.The Rhode Island Division of Public Utilities and Carriers, pursuant to R.I. Gen. Laws §§ 39-3-1 and 39-4-1, is empowered to prescribe and enforce safety standards and to regulate safety practices of persons engaged in the transportation of natural gas and other gas by pipeline to the extent permitted by the Natural Gas Pipeline Safety Act of 1968, Pub. Law 90-481, and any amendments thereto.#

2.The Federal regulations issued under the Act of 1968, Pub. Law 90-481, promulgated by the Office of Pipeline Safety of the United States Department of Transportation and published in 49 C.F.R. Part 40 and 40 C.F.R. Parts 190-199, incorporated above in § 1.1(A) of this Part, apply to all LDC's, Master Meter Systems, and Jurisdictional Propane Systems. The Safety Standards of the Act (the Pipeline Safety Regulations) apply to design, installation, inspection, testing, construction, extension, operation, replacement and maintenance of pipeline facilities. Standards affecting the design, installation, construction, initial inspection, and testing, are not applicable to pipeline facilities in existence prior to the act. The Division has adopted the above regulations as state regulations.#

3.The Division may prescribe additional safety standards that apply to LDC's, Master Meter Systems, and Jurisdictional Propane Systems. Such safety standards shall be practicable and designed to meet the needs for pipeline safety. When prescribing and enforcing such standards, the Division will consider:#

a.Relevant available pipeline safety data.#

b.Whether such standards are appropriate for the particular type of pipeline transportation.#

c.The reasonableness of any proposed standards.#

d.The extent to which such standards will contribute to public safety.#

4.Whenever the Division finds a particular facility to be hazardous to life or property, it is empowered to require the person operating such facility to take steps necessary to remove such hazards.#

B.Authority to Inspect#

1.The Division has the power to investigate all methods and practices of the LDC's, Master Meter Systems, or Jurisdictional Propane Systems, to require the maintenance and filing of reports, records, and other information in such form and detail as the Division may prescribe, to enter at all reasonable times to inspect the property, buildings, plants, and offices of such LDC's, Master Meter Systems, or Jurisdictional Propane Systems, and to inspect books, records, papers, and documents relevant to the enforcement of the rules and regulations.#

C.Intervals of Inspection#

1.The Division is authorized to enter upon, inspect and examine, at all reasonable times and in a reasonable manner, the records and properties of the LDC's, Master Meter Systems, or Jurisdictional Propane Systems to the extent such records and properties are relevant to determining the compliance of such entities with Division rules, regulations, or orders.#

2.Jurisdictional pipeline facilities have been categorized into four classifications#

a.LDC's,#

b.LNG facilities,#

c.Master Meter Systems, and#

d.Jurisdictional Propane Systems.#

3.The Divisions inspection frequency of these facilities is as follows:#

a.LDC's; annual standard inspections will be conducted of each gas distribution inspection unit. Other than the normal amount of specialized inspections the Division will schedule additional inspections if the results of the standard inspection indicate a need for additional inspections.#

b.LNG; facilities will receive an annual standard inspection. Supplementary periodic inspections may also be conducted.#

c.Master Meter Systems; systems will be inspected at least once a year.#

d.Jurisdictional Propane Systems; systems will receive an annual standard inspection. Supplementary periodic inspections may also be conducted.#

4.Inspections are ordinarily conducted pursuant to one or more of the following:#

a.Routine scheduling#

b.A complaint received from a member of the public.#

c.Information obtained from a previous inspection.#

d.Pipeline accident or incident.#

e.Whenever deemed appropriate by the Division.#

D.Inspection of LDC's, Master Meter Systems, and Jurisdictional Propane#

1.The Division shall attempt to periodically inspect every LDC, Master Meter System, and Jurisdictional Propane System, with priority given to inspecting systems with greater risk potential. In determining the potential risk, the following factors may be considered:#

a.The ratio of total steel pipe to coated pipe.#

b.The ratio of total steel pipe to cathodically protected steel pipe.#

c.Leaks per mile of main.#

d.Leaks per number of services.#

e.Unaccounted - for gas volumes and percentages.#

f.Number of accidents or incidents.#

g.History of violations discovered.#

2.The inspection will include a thorough review of the records concerning inspection, operation, maintenance and emergency procedures. Field inspections will include operational checks of corrosion control provisions, overpressure and regulating equipment, odorization, repaired leaks, emergency valves and any other components of the facility.#

E.Discovery and Notice of Alleged Violation#

1.When an evaluation of records and facilities indicates an alleged violation with state or federal regulations, the inspector shall review the basis for such alleged violation with the LDC, Master Meter System, or Jurisdictional Propane System before concluding the inspection. The inspector shall then notify the appropriate official of the alleged violation in writing within 90 days of the discovery of the alleged violation. The inspector shall also make an alleged violation report to be retained by the Division.#

2.Any documentation or physical evidence necessary to support an alleged violation may be obtained during the inspection or requested in writing immediately after conclusion of the visit.#

F.Response Options Available#

1.The LDC, Master Meter System, or Jurisdictional Propane System shall respond within twenty (20) business days of mailing a notice of an alleged violation in the following manner:#

a.Submit a written plan of action to the Division outlining actions that will be taken to correct the alleged violation, including a schedule and the date when compliance is anticipated; or#

b.Request an informal conference with the Division. The alleged violation may be resolved if the plans in option (a) above, are accepted by the Division.#

c.However, if the LDC, Master Meter System, or Jurisdictional Propane System selects option (b), an informal conference will be scheduled as explained below in § 1.12(G) of this Part. Failure to respond in accordance with this section will result in formal legal or administrative action as stated in § 1.12(H) of this Part.#

G.Informal Conference#

After receiving the request for an informal conference, a date and time for a conference will be arranged. At the conference, the basis for the alleged violation will be reviewed. The LDC, Master Meter System, or Jurisdictional Propane System may explain its position and may present alternatives for rectifying the problem. The investigator who issued the notice of alleged violation will represent division staff and by others the Division deems necessary. The report generated by the informal conference will be filed with the alleged violation and retained by the Division. If agreement cannot be reached, the enforcement procedure will continue as explained in § 1.12(H) of this Part.#

H.Division Action#

1.If the Division is not satisfied with the proposed solution as outlined in §§ 1.12(F) and (G) of this Part, the Division can:#

a.Seek an injunction in Superior Court in cases where immediate action is necessary, or#

b.Issue a show cause order and/or schedule an evidentiary hearing requiring the operator to demonstrate why the LDC, Master Meter System, or Jurisdictional Propane System should not be subject to the penalties set forth in R.I. Gen. Laws §§ 39-2-8 and/or 39-3-40.#

c.Pursuant to an evidentiary hearing, order the LDC, Master Meter System, or Jurisdictional Propane System to take corrective action. Failure to obey such an order will result in the aforementioned penalties.#

I.Appeal#

Any LDC, Master Meter System, or Jurisdictional Propane System aggrieved by a final decision of the Division may appeal to the Rhode Island Superior Court under R.I. Gen. Laws § 42-35-15.#