NYSEG to Increase Gas Leakage Surveys, Customer Notice; All Gas Utilities to do Risk Assessment...
NY-ADR
3/12/14 N.Y. St. Reg. PSC-10-14-00002-EP
NEW YORK STATE REGISTER
VOLUME XXXVI, ISSUE 10
March 12, 2014
RULE MAKING ACTIVITIES
PUBLIC SERVICE COMMISSION
EMERGENCY/PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. PSC-10-14-00002-EP
Filing Date. Feb. 20, 2014
Effective Date. Feb. 20, 2014
NYSEG to Increase Gas Leakage Surveys, Customer Notice; All Gas Utilities to do Risk Assessments and Collaborate on Education
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Proposed Action:
The Public Service Commission adopted an order requiring the New York State Gas & Electric Corporation (NYSEG) to complete the replacement of certain gas facilities in the Town and Village of Horseheads, New York, by August 2014, and requiring all New York gas distribution utilities to take certain measures to assess risks associated with their underground gas facilities, to collaborate to improve customer awareness about the necessity of reporting gas odors, and to better educate local governments on the importance of following the Public Service Commission’s gas excavation rules.
Statutory authority:
Public Service Law, sections 65 and 66
Finding of necessity for emergency rule:
Preservation of public safety and general welfare.
Specific reasons underlying the finding of necessity:
This action is taken on an emergency basis under Public Service Law §§ 65 and 66 after a Department of Public Service Staff (DPS Staff) investigation concluded that the possibility exists that underground gas facilities throughout New York State may have been damaged by subsequent third-party excavations. Specifically, the Public Service Commission is requiring New York State Gas & Electric Corporation (NYSEG) to complete, by August 2014, the replacement of certain gas facilities in Horseheads, New York, that may have been affected by third-party excavation. An analysis of NYSEG’s gas services following a natural gas explosion that occurred on January 26, 2011, in Horseheads, New York, revealed the possibility that situations similar to those that caused the January 26, 2011 explosion exist elsewhere in the area. The Commission, therefore, is requiring NYSEG to take certain measures, including (1) conducting continuous gas leakage surveys in the Town and Village of Horseheads until planned facility replacements are complete; (2) performing a risk assessment of all gas facilities in its service territory; (3) providing individual notice to customers in the areas of the remaining gas facilities in need of replacement; (4) increasing customer awareness of the need to report gas odors in other at-risk areas; and (5) assessing the benefits of hiring an outside expert to assist and advise NYSEG on improvements it can make to its public education program.
Similar problems may exist in other gas utility service territories. Therefore, the PSC is requiring all gas utilities to (1) conduct risk assessments of their distribution systems to ascertain whether conditions exist similar to those found in Horseheads, New York (i.e. proximity to utilities installed after the gas facilities; areas showing clusters of leakage reports); (2) make certain that records of excavations and leakage reports are accurate; (3) make such records readily available for DPS Staff review; (4) make and retain audio recordings of all telephone calls reporting gas odors; and (5) collaborate with other gas utilities to develop statewide “best practices” for continuing public education on the importance of reporting gas odors and to improve education efforts directed to local governments on the importance of following the Commission’s gas safety rules during excavations.
Subject:
NYSEG to increase gas leakage surveys, customer notice; all gas utilities to do risk assessments and collaborate on education.
Purpose:
To safeguard gas facilities in New York State and to educate the public about reporting natural gas odors.
Substance of emergency/proposed rule:
The Commission, on February 20, 2014, adopted an order directing New York State Gas & Electric Corporation (NYSEG) to:
1. Conduct continuous leakage surveys in the Town and Village of Horseheads until the remaining, unmitigated, gas service replacements in the Town and Village are completed;
2. Perform a risk assessment of its entire distribution system to determine if conditions similar to those found in Horseheads are present or are likely to exist elsewhere;
3. Target outreach and education to customers in at-risk areas, including, but not limited to, the customers served there and all buildings adjacent to these customers;
4. Provide customers in the areas that have not yet been mitigated in Horseheads, New York, separate, individual, notice that is not included with bills that reinforces the need to call NYSEG in the event they smell gas;
5. Assess the benefits of hiring an outside expert to assist and advise the Company on improvements to its public information program and measuring effectiveness of the program.
The Commission is ordering all New York State gas distribution utilities to:
1. Conduct risk assessments of their gas distribution systems, which will include reviewing company records produced after gas facilities have been exposed by third-party excavation, examining leakage reports in these areas, and to ensure this data is accurate.
2. Make and retain an audio recording of natural gas odor calls.
3. Collaborate with all other gas utilities to develop “best practices” for continuing public education on reporting natural gas odors and to improve education for local governments on the importance of following the Commission’s rules for safe excavation practices.
This notice is intended:
to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire May 20, 2014.
Text of rule may be obtained from:
Deborah Swatling, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2659, email: [email protected]
Data, views or arguments may be submitted to:
Kathleen H. Burgess, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email: [email protected]
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
Statements and analyses are not submitted with this notice because the amended rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.
(11-G-0565EP1)
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