West Virginia Code of State Rules
Agency 150 - Public Service Commission
Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION
Series 150-04 - Government of Gas Utilities and Gas Pipeline Safety
Section 150-4-9 - Rules and Regulations Governing Gas Pipeline Safety
Universal Citation: 150 WV Code of State Rules 150-4-9
Current through Register Vol. XLI, No. 13, March 29, 2024
9.1. Intentions.
9.1.1 Pursuant to the powers vested and the
authority given under Chapter 24B, Code of West Virginia, the Public Service
Commission of West Virginia prescribes, adopts and issues the following rules
and regulations governing the transportation of natural and other gas by
pipeline. These rules are intended to ensure uniformity and are designed to
decrease accidents, save human lives, reduce property loss, and otherwise
benefit the pipeline companies and the public.
9.1.2. The adoption of these rules and
regulations shall in no way preclude the Public Service Commission from
altering them or amending them in whole or part, and from requiring any
additional information either upon complaint, its own motion, or upon
application of any pipeline company. These rules and regulations are intended
to supplement the statute and shall not relieve in any way a pipeline company
of its duties under the laws of this State.
9.2. Application of rules.
9.2.1. These rules shall apply to (i) all
pipeline companies, and (ii) interstate transmission facilities, as hereinafter
defined.
9.3. Adoption of federal regulations.
9.3.1. The regulations
promulgated by the Office of Pipeline Safety of the United States Department of
Transportation, published in Title 49 CFR Parts 191, 192, 195 and 199, shall
apply to all pipeline companies and interstate transmission
facilities.
9.4. Rules of practice and procedure.
9.4.1. The Rules of
Practice and Procedure adopted by the Commission where appropriate and
applicable shall apply to all pipeline companies.
9.5. Definitions.
9.5.1. When used in relation to gas pipeline
safety in these rules:
9.5.1.a. "Act of 1968"
means the act of Congress known as the Natural Gas Pipeline Safety Act of
1968;
9.5.1.b. "Commission" means
the Public Service Commission of West Virginia;
9.5.1.c. "Director" means the director of the
Gas Pipeline Safety Section of the Commission;
9.5.1.d. "Gas" means natural gas, flammable
gas, or gas which is toxic or corrosive;
9.5.1.e. "Interstate transmission facilities"
means facilities used in the transportation of gas which are subject to the
jurisdiction of the Federal Energy Regulatory Commission under the act of
Congress known as the Natural Gas Act;
9.5.1.f. "Operator" means a person who
engages in the transportation of gas or hazardous liquids by
pipeline;
9.5.1.g. "Person" means
any individual, firm, joint venture, partnership, corporation, association,
state, municipality, cooperative association, or joint-stock association, and
includes any trustee, receiver, assignee, or personal representative
thereof;
9.5.1.h. "Pipeline
company" means a person engaged in the operation of pipeline facilities or the
transportation of gas subject to the provisions of Chapter 24B of the West
Virginia Code;
9.5.1.i. "Pipeline
facilities" means, without limitation, new and existing pipe, pipe right-of-way
and any equipment, facility, or building used in the transportation of gas or
the treatment of gas during the course of transportation; or used in the
transportation of hazardous liquid or the treatment of hazardous liquid during
the course of transportation; but "right-of-way" used in Chapter 24B of the
West Virginia Code, as amended, does not authorize the Commission to prescribe
the location of routing of any pipeline facility.
9.5.1.j. "Rural" means those locations which
lie outside the limits of any incorporated or unincorporated city, town,
village, or any other designated residential or commercial area such as a
subdivision, a business or shopping center, a community development, or any
similar populated area which the Director may define as a nonrural
area;
9.5.1.k. "System" means all
pipeline facilities used by a particular operator in the transportation of gas,
including but not limited to, line pipe, valves and other appurtenances
connected to line pipe, compressor units, fabricated assemblies associated with
compressor units, metering (including customers' meters) and delivery stations,
and fabricated assemblies in metering and delivery stations;
9.5.1.l. "Transportation of gas" means the
gathering, transmission or distribution of gas by pipeline or its
storage.
9.6. Accidents or incidents.
9.6.1. Every operator
shall report to the Commission all accidents or incidents involving its
pipeline facilities operated within the State of West Virginia that cause
personal injuries requiring hospitalization, fatality, or estimated damage to
the property of the operator, or others, or both, totaling fifty thousand
dollars ($50,000) or more.
9.6.2.
The Commission shall be notified of all such accidents or incidents as soon as
possible, consistent with public welfare and safety. In those instances where a
telephonic report to the Department of Transportation is required, a similar
report of the accident or incident shall be made by telephone or telegraph to:
Public Service Commission
Gas Pipeline Safety Division
P. O. Box 812
Charleston, West Virginia 25323
Telephone: Area Code (304) 340-0473
9.6.3. Every operator shall furnish to the
Commission, within thirty (30) days after the occurrence of a reportable
accident or incident, a written report of such accident or incident, together
with a summary of the operator's investigation as to the cause and
circumstances surrounding the accident or incident. The report shall be made on
the Commission form designated Accident or Incident Report, or on a form
acceptable to the Commission showing the same information. Such report shall
also contain the precautions taken, or to be taken, to prevent similar
accidents or incidents in the future.
9.6.3.a. If certain information is not
available, the incomplete report should be submitted indicating this
unavailability. When the information becomes available, a supplemental report
will be submitted.
9.6.4.
Operators that submit reports of accidents or incidents to federal agencies are
permitted to file copies of such reports with this Commission in lieu of the
report required by Rule 9.6.3.
9.7. Inspection and maintenance plans.
9.7.1. Every operator shall file with the
Commission a plan for the inspection and maintenance of pipeline facilities
owned or operated by it, and shall subsequently file any changes in such plan.
The plan shall cover gas transmission facilities, distribution facilities, and
those gathering or production facilities located in nonrural areas. The
essential requirements stated in title 49 CFR Part 192.605, shall be covered by
the plan. If at any time the Director finds that such plan is inadequate to
achieve safe operation, the Director shall, after notice and opportunity for a
hearing, require such plan to be revised. (NOTE: It is not the intent to
require the operators that have complied with the provisions of this rule to
refile upon the effective date of these rules and regulations).
9.7.2. Any change in the inspection and
maintenance plan required by Rule 9.7.1. must be filed with the Commission
within ten (10) days of the effective date of said change.
9.8. Major construction.
9.8.1. Every operator shall notify the
Commission of all important additions to its system at least thirty (30) days
prior to the commencement of any construction.
9.8.1.a. The requirements of Rule 9.8.1.
shall not apply to gathering pipelines in rural areas.
9.8.1.b. An important addition is a single
project, other than well drilling, involving an estimated expenditure of two
hundred fifty thousand dollars ($250,000) or more for transmission pipeline
construction, fifty thousand dollars ($50,000), or more, for distribution
pipeline construction or an amount equivalent to ten percent (10%) or more of
the total value of the system in service, whichever is less.
9.8.2. The report shall include
the following:
9.8.2.a. Description and
location of project and expected starting and completion dates, along with the
name, address and telephone number of the person to be contacted regarding the
project.
9.8.2.b. Maximum allowable
operating pressure.
9.8.2.c.
Location class.
9.8.2.d. Material
specifications in sufficient detail to permit appraisal of the safety aspects
of the facility.
9.8.2.e. Pressure
testing procedures to be used.
9.8.3. Every operator shall place on file
with the Commission information concerning the welding and inspection
procedures to be followed during the construction of new facilities.
9.9. Completion report.
9.9.1. Within sixty (60) days after the
completion of an addition, a report shall be filed with the Commission which
certifies that the facilities were constructed according to the previously
submitted major construction report required by Rule 9.8. The completion report
shall also include the pressure test data for the project.
9.10. Maximum Penalties.
9.10.1. Any person who violates any provision
of these rules and regulations or orders issued thereunder, shall be subject to
the criminal and civil penalties ascribed and imposed by Chapter 24, Article 4,
Sections 1 through 5, inclusive, and Chapter 24B, Article 4, Section 6, all of
the Code of West Virginia. Such sanctions and penalties include, but are not
limited to, a civil penalty to be imposed by the Commission of not to exceed
one thousand dollars ($1,000) for each violation for each day that the
violation persists: Provided, that the maximum civil penalty shall not exceed
two hundred thousand dollars ($200,000) for any related series of violations,
with the right of appeal in all cases to the Supreme Court of
Appeals.
9.11. Availability of information.
9.11.1.
Information concerning the implementation of the Natural Gas Pipeline Safety
Act may be obtained from the Office of Pipeline Safety, Department of
Transportation, 400 7th St., S.W., Washington, D.C. 20590, or the Gas Pipeline
Safety Division, Public Service Commission of West Virginia, 201 Brooks Street,
P. O. Box 812, Charleston, West Virginia 25323.
Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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