DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

PUBLIC SERVICE COMMISSION

GAS SAFETY

Filed with the secretary of state on

These rules become effective immediately after filing with the secretary of state unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a.  Rules adopted under these sections become effective 7 days after filing with the secretary of state.

(By authority conferred on the public service commission by section 2 of 1969 PA 165, MCL 483.152, and section 231 of the Executive organization act of 1965, 1965 PA 380, MCL 16.331, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, 2011-4, and 2015-3, MCL 445.2001, 445.2011, 445.2025, 445.2030, and 460.21)

R 460.20503 and R 460.20606 of the Michigan Administrative Code are amended, and R 460.20319 is added, as follows: 

PART 3. ADDITIONAL MINIMUM SAFETY STANDARDS

R 460.20319  Filing of operation and maintenance manual with commission staff required.

  Rule 319. In addition to the requirements contained in 49 CFR 192.605, which is adopted by reference in R 460.20606, an operator shall file the procedures, program, or operation and maintenance manual required by 49 CFR 192.12, 192.605, 192.805, 192.907, and 192.1005 with the commission staff in paper or electronic form. The operation and maintenance manual must include procedures that address both the federal rules and the rules contained in the gas safety standards of this state. An operator shall file a change in the operation and maintenance manual with the commission staff within 90 calendar days after the change is made. An operator shall identify the specific changes.

                         PART 5. RECORDS AND REPORTS

R 460.20503  Reports of incidents; telephonic notice to the commission staff.

  Rule 503. (1) At the earliest practicable moment following discovery, an operator shall notify the commission staff of any of the following situations:

    (a) An incident that is reportable pursuant to 49 CFR 191.5, which is adopted by reference in R 460.20606.

    (b) An event resulting in estimated property damage of $2510,000.00 or more including loss to the operator and others, or both, but excluding the cost of gas lost. As used in this subdivision, an “event” means on or relating to an operator’s facilities that may or may not involve a release of gas.

    (c) An event resulting in the loss of service to more than 100 customers.

    (d) An event involving a customer's gas facility that results in a fatality or an explosion causing structural damage.

    (e) An event resulting in an unintentional release of gas estimated by the operator to be 1 million cubic feet or more or an unintentional activation of an emergency shutdown system of any a portion of a compressor station involving a release of gas.

    (f) An event that causes the pressure of any a portion of a pipeline system to rise above its maximum allowable operating pressure plus the build-up allowed for operation of pressure limiting or control devices.

    (g) An event that receives or is likely to receive extensive news coverage or is significant in the judgment of the operator, even though it did not meet the criteria of subdivision (a), (b), (c), (d), (e) or (f) of this subrule. This subdivision is not subject to the penalty provisions of section 11 of 1969 PA 165, MCL 483.161.

   (2) If additional information is received by the operator after the initial report that indicates a different cause, more serious injury, or more serious property damage than was initially reported, then the operator shall make a supplemental telephone report to the commission staff as soon as practicable.

   (3) When requested by the commission staff, an operator shall supplement a report made in accordance with subrule (1) of this rule within a reasonable time, with a written report giving full details, such as the cause of the incident or occurrence, the extent of injuries or damage, and the steps taken, if any, to prevent a recurrence of the incident or occurrence.

PART 6. ADOPTION OF STANDARDS

R 460.20606  Pipeline and hazardous materials safety administration standards; adoption by           reference.

  Rule 606. (1) The following pipeline and hazardous materials safety administration standard is adopted by reference in these rules and is available from the U.S. Government Publishing Office via the internet at www.ecfr.gov www.eCFR.gov at no charge at the time of adoption of these rules and is also available for public inspection from the Michigan Public Service Commission, 7109 West Saginaw Highway, Lansing, Michigan 48917: 49 CFR part 40 entitled “Procedures for Transportation Workplace Drug and Alcohol Testing Programs,” (revised October 1, 20243 edition).

   (2) The following Office of Pipeline and Hazardous Materials Safety Administration standards are adopted by reference in these rules and may be ordered from the U.S. Government Publishing Office via the internet at www.ecfr.gov www.eCFR.gov at no charge at the time of adoption of these rules and are also available for public inspection from the Michigan Public Service Commission, 7109 West Saginaw Highway, Lansing, Michigan 48917:

    (a) 49 CFR part 191 entitled “Transportation of Natural and Other Gas by Pipeline: Annual Reports, Incident, and Other Reporting,” (October 1, 20243 edition).

    (b) 49 CFR part 192 entitled “Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards,” (October 1, 20243 edition).

    (c) 49 CFR part 199 entitled “Drug and Alcohol Testing,” (October 1, 20243 edition).