815-RICR-20-00-1
815-RICR-20-00-1. Standards for Gas Utilities, Master Meter Systems and Jurisdictional Propane Systems (version Amendment, 06/25/2018 to 06/25/2018)
1.1 Incorporated Materials
A. These regulations hereby
adopt and incorporate 49 C.F.R. Parts 40 (2018) and 49, 49 C.F.R.
Parts 190-199 (2018) by reference, not including any further editions
or amendments thereof and only to the extent that the provisions
therein are not inconsistent with this Part.
B. These regulations hereby
adopt and incorporate the following National Fire Protection
Association (NFPA) publications by reference, not including any
further editions or amendments thereof and only to the extent that
the provisions therein are not inconsistent with this Part:
1. NFPA 54 National Fuel &
Gas Code (2018),
2. NFPA 58 Storage and
Handling of Liquefied Petroleum Gases (2017),
3. NFPA 59 Storage and
Handling of Liquefied Petroleum Gases at Utility Gas Plants (2018),
and
4. NFPA 59A Production Storage
and Handling of Liquefied Natural Gas (LNG) (2016).
C. These regulations hereby
adopt and incorporate the following American Gas Association (AGA)
publications by reference, not including any further editions or
amendments thereof and only to the extent that the provisions therein
are not inconsistent with this Part:
1. AGA Manual for the
Determination of Supercompressibility Factors for Natural Gas,
Project NX-19 (A.G.A. Catalog No. L00340) (1962), and
2. AGA Compressibility and
Supercompressibility for Natural Gas and Other Hydrocarbon Gases,
Transmission Measurement Committee Report No. 8 (1992).
D. These regulations hereby
adopt and incorporate American National Standards Institute (ANSI)
standards ANSI B109 (1986) and ANSI B40.1 (1986) by reference, not
including any further editions or amendments thereof and only to the
extent that the provisions therein are not inconsistent with this
Part.
E. These regulations hereby
adopt and incorporate the following parts of the American National
Standards Institute/American Petroleum Institute (ANSI/API) 2530,
Orifice Metering of Natural Gas and Other Related Hydrocarbon, AGA
Report No. 3, by reference, not including any further editions or
amendments thereof and only to the extent that the provisions therein
are not inconsistent with this Part:
1. Part I, "General
Equations and Uncertainty Guidelines," (AGA Catalog No. XQ9017)
(1990),
2. Part II, "Specification
and Installation Requirements," (AGA Catalog No. XQ9104) (1991),
3. Part III, "Natural Gas
Applications," (AGA Catalog No. XQ9210) (1992),
4. Part IV, "Background
Development, Implementation Procedures, and Sub-Routine Documentation
for Empirical 33 Flange-Tapped Discharged Coefficient Equation,"
(AGA Catalog No. XQ9211) (1992).
F. These regulations hereby
adopt and incorporate specific American National Standards Institute
(ANSI) standards listed below by reference, not including any further
editions or amendments thereof and only to the extent that the
provisions therein are not inconsistent with this Part.
1. ANSI B109.1, Diaphragm Type
- Gas Displacement Meters, Under 500 Cubic Feet per Hour Capacity,
(AGA Catalog No. X69218) (1992),
2 ANSI B109.2, Diaphragm Type
- Gas Displacement Meters, 500 Cubic Feet per Hour Capacity and Over,
(AGA Catalog No. X69219) (1992), and
3. ANSI B109.3, "Gas
Displacement Meters, Rotary Type," (AGA Catalog No. X69220)
(1992).
G. These regulations hereby
adopt and incorporate the American Society for Testing and Materials
(ASTM) publications by reference, not including any further editions
or amendments thereof and only to the extent that the provisions
therein are not inconsistent with this Part:
1. ASTM specification D-1826
"Calorific Value of Gases in Natural Gas Range by Continuous
Recording Calorimeter," (D1826-88) (1988),
2. ASTM specification D-1945
"Method for Analysis of Natural Gas by Gas Chromatography,"
(D1945-91) (1991), and
3. ASTM specification D-3588
"Method for Calculating Calorific Value and Specific Gravity
(Relative Density of Gaseous Fuels)," (D3588-91) (1991).
1.2 Application of Rules and
Regulations
A. This Part shall apply to
all LDC’s, Master Meter Systems, and Jurisdictional Propane Systems
engaged in the business of manufacturing, distributing, selling or
transmitting natural or other gas by pipeline in the State of Rhode
Island; currently, there is one LDC, 40 Master Meter Systems, and 20
Jurisdictional Propane Systems in operation within the State of Rhode
Island, all of whom are subject to all or specified portions of these
rules.
B. These Rules and
Regulations replace the following existing Division rules and
regulations:
1. Rules & Regulations
Prescribing Standards for Gas Utilities, effective date June 8, 1966,
2. Regulations Regarding Gas
Pipeline Safety Enforcement Procedures Docket No. D-86-4, effective
date March 13, 1986,
3. Control of Drug Use in
Natural Gas and Liquified Natural Gas, effective date May 10, 1990,
and
4. the Rules and Regulations
Prescribing Standards for Gas Line Abandonment & Leakage Survey
Procedures Docket No. D-86-2, effective date May 21, 1986.
5. These four existing
compilations of rules and regulations of the Division are hereby
rescinded upon the effective date of this document.
C. This Part is intended to
supplement, and shall be interpreted in a fashion consistent with,
the Federal rules set out in the Code of Federal Regulations (C.F.R.)
incorporated above in § 1.1(A) of this Part, specifically in 49
C.F.R Parts 40 and 190-199. The Federal safety standards and
regulations for the transportation of natural and other gas by
pipeline, established pursuant to the Natural Gas Pipeline Safety Act
of 1968, as amended (49 U.S.C. 1671, et seq .) by the United
States Department of Transportation and contained in 49 C.F.R. Parts
40 and 190-199, are incorporated by reference above. Since the State
of Rhode Island is bound to comply with Federal law concerning gas
utilities, and has been delegated enforcement authority by the
Federal government, amendments to the Federal rules are incorporated
by reference and shall be effective as part of these rules without
further action. LDC’s shall comply with all of the rules set out
herein.
D. This Part shall be amended
or repealed, and applications therefore shall be made, in accordance
with R.I. Gen. Laws §§ 39-3-33 and 42-35-1, and Part 00-00-1 of
this Title (Division of Public Utilities and Carriers Rules of
Practice and Procedure). A written application may be made to the
Division for temporary or permanent exemption from any provision of
this Part for good cause shown.
E. “Master Meter Systems”
and “Jurisdictional Propane Systems” are only required to comply
with the safety requirements of 49 C.F.R. Parts 191-192 Pipeline
Safety Regulations, incorporated above in § 1.1(A) of this Part,
NFPA 58 Storage and Handling of Liquefied Petroleum Gases, and NFPA
59 Storage and Handling of Liquefied Petroleum Gases at Utility Gas
Plants, incorporated above in § 1.1(B) of this Part, the § 1.12 of
this Part relating to Enforcement Procedures section contained
herein, and § 1.14 of this Part, the Natural Gas Telephonic Notice
Reporting Requirements.
1.3 Definitions
A. The definitions set out in
49 C.F.R. §§ 190.3, 191.3, and 192.3 are incorporated by reference
above in § 1.1(A) of this Part, except as augmented or modified
below. Unless the context otherwise requires, the following words as
used herein shall have the following meanings:
1. “Abandoned” means that
the service line is physically disconnected (cut-off) at the main, or
at the distribution line that is the source of supply if the pipe is
not a main, and the pipe is made from material other than plastic or
cathodically-protected steel. If the service line is plastic or
cathodically-protected steel, it may be cut off at or in close
proximity to a property line and made into a stub. When the service
line is abandoned, the LDC shall remove the meter and assembly.
Should access to these not be readily available, the LDC shall make
multiple attempts to gain access for removal. The end of the
operator's pipe that is within the customer's building must be cut
off below ground and sealed outside the building or must be sealed by
inserting a device within the service line to a point that is outside
the building wall or foundation. Provisions must be made so that the
seal or device cannot be readily removed. When the end of the
operator's pipe is located above ground outside the building, the
aboveground segment must be removed and the remaining segment below
ground sealed. In any case, the pipeline's above or below ground
entry point into the building or foundation must be sealed after the
pipe has been removed. The pipeline shall be purged and sealed in
accordance with 49 C.F.R. § 192.727(b).
2. “Accessory” means any
meter reading device, which is mechanically or non-mechanically
attached to a meter and could affect its accuracy, used to display,
record, or transmit meter information to a remote location or any
associated meter correction device, either remote or attached, used
to adjust the reading of a meter index.
3. “Administrator” means
the Administrator of the Rhode Island Division of Public Utilities
and Carriers.
4. “AMR” means an
automated meter-reading device.
5. “British Thermal Unit
(BTU)” means a unit of heat equal to the amount of heat required to
raise one pound of water one degree Fahrenheit at one atmosphere
pressure; equivalent to 251.997 calories.
6. “Commission” means the
Rhode Island Public Utilities Commission.
7. “Cubic foot”
a. The term cubic foot means
the volume of gas which occupies one (1) cubic foot of space at a
temperature of 60° Fahrenheit and an absolute pressure of 14.73
pounds per square inch (known as standard conditions) with deviation
there from, for varying pressure and temperature being in accordance
with Boyle’s Law and Charles’ Law.
b. When gas is metered under
the filed domestic rates of the utility a cubic foot shall be taken
to mean the amount of gas which occupies one cubic foot under the
conditions existing in the customer's meter as and where installed,
except that outside meters may be of a temperature compensating type.
c. When gas is metered in
large volumes at pressures and temperatures other than standard, it
must be measured by a meter equipped with devices that correct for
super-compressibility, pressure and temperature to determine billable
volume at standard conditions. When orifice meters are used
additional corrections may be made for the super compressibility and
expansion effects, in accordance with industry standards.
8. “Cubic foot bottle”
means a specifically constructed and calibrated bottle that can
measure exactly one cubic foot of air. The calibration of the bottle
is certified by the National Institute of Standards and Technology.
9. “Degree days” means a
measure of coldness based on the extent to which the daily mean
temperature falls below 65 degrees F. For example, on a day when the
average temperature is 35 degrees F, there would be 30 degree days
experienced.
10. “Distribution line”
means a gas pipeline, other than a gas-gathering or transmission
line, that is normally used by utilities for the transportation of
natural gas and/or other flammable gas to customers.
11. “Discontinued” means
that gas service is no longer provided to the customer and the
prevention of gas flow is usually performed by a locking device
(valve) located in the service line or in the meter assembly.
12. “Division” means the
Rhode Island Division of Public Utilities and Carriers.
13. “DR meter” means a
meter that does not register the consumption of gas.
14. “Fast meter” means a
meter that measures more gas than is actually consumed.
15. “FERC” means the
Federal Energy Regulatory Commission.
16. “Inactive” means a
service line where gas service to the customer has been discontinued
but the service line has not been abandoned.
17. “Jurisdictional propane
system” means a propane system that serves ten or more residential
customers, or two or more customers served in a public place, from a
single or manifold tank system.
18. “LDC” means a local
distribution company, which is also a public utility engaged in the
business of manufacturing, distributing, selling, or transporting
natural or other gas by pipeline in the State of Rhode Island.
19. “Master meter system”
means a pipeline system for distributing gas within, but not limited
to, a definable area, such as a mobile home park, housing project, or
apartment complex, where the operator purchases metered gas from an
outside source for resale through a gas distribution pipeline system.
The gas distribution pipeline system 10 supplies the ultimate
consumer who either purchases the gas directly through a meter or by
other means, such as by rents.
20. “Meter” means a
device, instrument, or any attached device, used by a utility to
measure a quantity of gas for billing purposes. The two (2) classes
of gas meters consist of:
a. Class A meter - A meter
having a rated capacity of not more than 500 cubic feet per hour at
1/2 inch water column differential pressure and operating at a gauge
pressure of not more than 15 pounds per square inch and not greater
than the maximum pressure rating of the meter expressed in pounds per
square inch.
b. Class B meter - A meter
having a rated capacity of more than 500 cubic feet per hour. The
meter shall not operate at a pressure greater than the maximum
pressure rating of the meter expressed in pounds per square inch.
21. “Potentially hazardous
condition” means any condition which has the potential to become a
hazardous condition, but which does not require immediate action. All
of the following are examples of potentially hazardous conditions:
a. Customer failure to permit
the utility to perform inspections and maintenance on the utility's
facilities in or on the customer's premises.
b. Customer alterations or
modifications of the utility's facilities located in or on the
customer's premises.
c. Customer construction of a
structure or appurtenance near or over the main, service line piping,
or meter set assembly so that the utility's facilities are not in
compliance with the utility's standards.
d. Customer failure to correct
or replace gas utilization equipment or gas fuel line piping that has
been previously identified and classified as potentially hazardous by
the utility.
22. “Public utility” as
defined in R.I. Gen. Laws § 39-1-2.
23. “Referee test” means a
meter test in which the customer requests to be present for the
actual test or to be represented by the Division and/or the
customer’s agent.
24. “Slow meter” means a
meter that measures less gas than is actually consumed.
25. “Therm” means a unit
of heating valve equivalent to 100,000 BTU’s.
1.4 Service Provisions
A. Filing of Rate Schedules:
All rates, tolls and charges by the LDC shall be filed, posted, and
available for public inspection in accordance with the provisions of
R.I. Gen. Laws § 39-3-10. In addition, each LDC shall post this
information on their company website.
B. Information to Customers
1. Each LDC shall, upon
request, provide its customers such information and reasonable
assistance as will help them to select the best use of service at the
most advantageous rate. However, the ultimate responsibility for the
selection of the best use of service at the most advantageous rate
will rest with the customer.
2. Each LDC shall, upon
request, explain to its customers the method of reading meters.
3. Meters installed after the
effective date of this instruction in a residential or commercial
facility with more than one meter on a meter bar assembly must be
marked to identify the individual customers. (i.e., apartment 1,
apartment 2, second floor, third floor right, etc.)
C. Deposits/Interest: To
protect against loss, an LDC may require a deposit before rendering
service to any customer. This deposit shall not be more than the two
highest actual month’s usage of a prior customer or the two highest
estimated month’s usage of the new customer if a prior customer
does not exist. Interest shall be paid on deposits in accordance with
applicable rate schedules or the terms and conditions of the LDC.
Deposits plus accrued interest thereon, less any amount due the LDC,
will be refunded upon termination of service. The company may return
a deposit prior to the termination of service if it so desires. A
customer may request a return of deposit prior to the termination of
service if the customer has established a good payment history and
the company agrees to the return of deposit. When an account is
terminated, and a deposit or portion thereof is applied against an
account that has been terminated, interest shall cease to be
accumulated on the balance at the date of termination.
D. Measurement of Service: All
gas sold by an LDC shall be charged for on a metered basis except
when sold under rates on some other basis with the prior approval of
the Commission.
E. Meter Reading and Bill
Forms
1. Each service meter shall
clearly indicate the registered billing units (hundreds or thousands
of cubic feet of gas, or therms) In cases where the dial readings of
a meter must be multiplied by a constant to obtain the cubic feet or
other unit consumed, the proper constant to be applied shall be
clearly marked on the customer’s meter and the customer’s bill.
The labeling of meters will apply only to meters installed as of the
effective date of this Part. When gas is measured under high pressure
and/or high temperature, or when the quantity is determined by
calculation from recording devices, the LDC shall upon request supply
the customer with the basis and method of computation of the
determined quantity.
2. All service meters will be
read at regular intervals and on approximately the corresponding day
of each meter-reading period. In service areas that do not utilize
AMR devices, the company must verify meter reads called in by the
customer at least once every six (6) months.
3. Bills shall be rendered at
regular intervals and shall show the date of the current meter
reading and the amount or quantity of service for the billing period.
4. Each LDC shall keep an
accurate account of all charges for service billed each customer and
shall maintain records showing information from which each bill
rendered may be readily computed.
5. The billing date and the
postmark date on the bill shall not vary by more than three (3)
business days.
6. Estimated bills will not
exceed 6 consecutive months on any residential, commercial, or
industrial account.
F. Complaints by Customers:
Each LDC shall make a full and prompt investigation of customer
complaints, whether the complaint is directed to the company or
through the Division. A record of 14 complaints received, other than
those of a minor or routine nature, shall be kept for at least two
(2) years, and shall show the name and address of the complainant,
the date and character of the complaint, and the disposition thereof.
A customer shall have the right to review the record of that
customer’s complaint(s) upon demand during that two (2) year
period. The LDC shall provide the Division with a copy of any or all
complaints upon demand. Records shall be provided, whether demanded
by a customer or by the Division, within five (5) business days or
less.
G. Change in Character of
Service: Any change made by the LDC in the composition of the gas,
the pressure, or other service conditions which would affect
efficiency, or operation, or adjustment of appliances, the appliances
of all customers in the district affected shall be inspected
promptly, and, if necessary, shall be re-adjusted for the new
conditions without undue delay by the LDC and without charge to the
customer.
H. Discontinuance of Service
1. Discontinuance of Service
by the Customer: A customer must give reasonable notice of his/her
intention to discontinue service in accordance with the provisions of
the applicable rate or terms and conditions of service and shall be
responsible for all charges until expiration of such notice period.
The customer will be given a confirmation number at the time of the
termination of service call. The confirmation number shall reflect
the date and time the person called to disconnect service. For
purposes of this rule, “reasonable notice” is defined as no less
than five (5) business days.
2. Discontinuance of Service
by the Company
a. Non-Payment of Bills
(1) In accordance with the
provisions of the applicable rate or terms and conditions of service,
an LDC may require that bills be paid within a specified time after
presentation. Failure to pay bills within the specified time shall be
grounds for termination of service. The LDC may then initiate its
termination process consistent with the rules established by the
Commission for that purpose.
b. Discontinuance of Service
by the Company for Violation of Rules
(1) No LDC shall discontinue
service to a customer for violation of any rule without written
notice mailed at least ten (10) business days in advance of
discontinuance advising the customer which rule has been violated and
describing how that rule was violated, except that service may be
discontinued immediately when the violation of the rule is such, in
the opinion of the LDC, as to endanger life or property, or when
ordered to do so by any governmental agency or official having
jurisdiction.
(2) The LDC may, with or
without notice, shut off the supply of gas to the premises, or make
appliances inoperative, where in its opinion a “potentially
hazardous condition” exists.
c. For Fraudulent Use of
Service: An LDC may discontinue service without notice whenever a
fraudulent use of service by the customer is detected.
1.5 Quality of Gas Service
A. Heating Value Requirements
1. Standard of Heating Value
a. Every LDC shall establish
its own standard of heating value, which shall be stated in its rate
schedule. If the transmission company supplying the LDC files a
Federal tariff in compliance with 18 C.F.R. Part 154 of the FERC's
"General Rules and Regulations" establishing a lower
heating value for the gas it furnishes the utility, then the heating
value thus established shall become the standard of the LDC for the
gas it furnishes its customers. Resulting decreases in the wholesale
rates charged the LDC by its supplier shall be reflected in the
concomitant application of the LDC's filed Purchased Gas Price
Adjustment to the rates charged its customers.
b. Each LDC, unless
specifically directed otherwise by the Division, shall maintain
equipment for the determination of the heating value of the gas sold.
c. Each LDC shall establish
the accuracy of all means of determining heating value in normal use
by periodic check tests and shall maintain a record of such tests on
file for a period of two (2) years. If an LDC uses a calorimeter of
the recording type, they shall be checked at least annually.
2. Heating Value Tests (BTU)
a. The BTU value of the gas
shall be determined at least once daily and more often if necessary
to obtain an accurate record of the average BTU value and of any
fluctuation in the heating value.
b. To obtain the monthly
average BTU value, the results of all tests of BTU value made on any
day during the calendar month shall be averaged, and the average of
all daily averages shall be taken as the monthly average. If an LDC's
means of determining Btu value is of the recording type, its record
shall be the basis for determining the weighted average BTU value,
providing that the means of determining BTU value is tested for
accuracy at least annually.
c. Records of monthly average
heating value, as determined under § 1.5(B)(2) of this Part shall be
retained by the LDC for at least two (2) years and shall be readily
available to the Division for inspection.
3. Purity Requirements
a. All gas supplied to
customers shall be substantially free of impurities which may cause
corrosion of mains or piping or form corrosive or harmful fumes when
burned in a properly designed and adjusted burner. No gas shall be
stored that is not in conformance with 49 C.F.R. § 192.475,
incorporated above in § 1.1(A) of this Part.
b. Notwithstanding, the
provisions of § 1.5 (A)(3)(a) of this Part, gas delivered by the LDC
shall be odorized by the addition of a malodorous agent in
conformance with the applicable provisions of 49 C.F.R. § 192.625,
incorporated above in § 1.1(A) of this Part.
B. Pressure Requirements
1. Pressure Variations
a. The pressure at the outlet
of any customer's service meter shall not normally be less than
one-half of the normal pressure at the outlet. The maximum pressure
shall not be greater than 12" of water column except by
agreement with the customer.
2. Pressure Surveys and
Records
a. Each LDC shall maintain in
continuous operation at least one recording pressure device in each
area where the LDC maintains a district or division office, either in
said office or at some customer's premises.
b. Each LDC shall make a
sufficient number of pressure tests in the areas served to indicate
compliance with pressure requirements contained herein.
c. All pressure recordings
obtained under §§ 1.5(D)(2)(a) or (b) of this Part, shall be
retained by the LDC for at least two (2) years and shall be available
to the Division for inspection.
C. Interruption of Service
(excluding customers purchasing gas on an interruptible basis)
1. Each LDC shall use all
reasonable means to avoid accidental interruptions to service, but
should such interruptions occur, service shall be reestablished
within the shortest time possible, consistent with safety.
2. Each LDC shall keep a
record of all interruptions to service affecting the entire
distribution system serving a single community or a major division of
a community and shall include in such record the date and time of
such interruption, the approximate number of such customers affected,
the date and time of service restoration, the cause of such
interruption when known, and steps taken to prevent its recurrence.
3. When service is
interrupted to perform work on lines or equipment, such work shall be
done at a time causing minimum inconvenience to customers consistent
with the circumstances. Customers seriously affected by such
interruption shall be notified in advance if possible.
4. All accidental
interruptions of service will be reported to the Division of Public
Utilities & Carriers per the requirements set forth in § 1.14 of
this Part, Natural Gas Telephonic Notice Reporting Requirements.
D. Abnormal Conditions
1. These Rules shall not apply
to temporary conditions due to "Acts of God", fire,
strikes, riots, terrorism, construction maintenance, interruption of
gas supply from the LDC's wholesale supplier, or other disruptions of
service beyond the control of the LDC; provided, however, that all
LDCs shall initiate immediate action and proceed without delay and
perform all necessary work to restore its system to normal operating
conditions.
1.6 Meters in General,
Installations, Accuracy, and Testing
A. Meters in General
1. All meters removed from
service due to a high bill complaint must be held for 60 days after
the test to allow the customer ample time to review a second
witnessed meter test if so desired. In order to prevent
contamination, all meters shall be capped until installation or
retirement from service.
2. A meter with an index
reading other than zero may be placed in service, provided that meter
and billing records are kept in a manner permitting verification of
the readings as of the time of removal from the prior premises and
installation at the succeeding premises.
3. Tin case meters shall not
be returned to service. Whenever a tin case meter is removed from
service for any reason it must be tested for accuracy and held
according to the requirements set forth in § 1.6(A)(1) of this Part,
if applicable.
4. The capacity of the meter
at installation shall be consistent with the reported projected gas
requirements of the customer at the time of installation.
B. Meter Installations
1. Unless otherwise
authorized by the Division, each LDC shall provide and install at its
own expense, and shall continue to own, maintain and operate, all
equipment necessary for the regulation and measuring of gas to its
customers. A charge may be made for additional meters and regulators
furnished by the LDC for the convenience of the customer.
2. The customer shall provide
and have installed at his/her own expense all customer piping and
equipment necessary for relocating the meter when relocation is:
a. requested by a customer;
b. required because of
customer-initiated alterations; or
c. necessary to prevent a
recurrence of discovered tampering or damage caused by the customer.
C. Testing and Calibration of
Meters
1. Gas Meter Accuracy
a. Every gas meter, removed
from service for any cause, or repaired, shall be tested for accuracy
and adjusted, if necessary, to accuracy limits of 100 percent ±1.5
percent before being installed or reinstalled. In addition, the LDC
shall replace any parts found to be worn or damaged in any meter that
does not pass the accuracy test, and is subject to repair.
b. Meters removed from
service and/or repaired meters must be subjected to an internal
pressure of at least 20 inches water column and checked for the
presence of leaks.
c. Tin case meters shall be
subjected to an internal pressure of at least two (2) pounds per
square inch when testing to determine the presence of any leaks.
d. New, remanufactured or
refurbished meters that are accompanied by a certified test
certificate are not required to be tested before installation in the
field if the test results on the certificate are within accepted
accuracy limits of in § 1.6(C)(1)(a) of this Part.
2. Method of Testing: General
Test Requirement
For the purpose of
determining compliance with § 1.6(C)(1)(a) of this Part, the proof
of registration of a displacement meter shall be determined by two
tests, one known as the "Check-Rate" test, at a rate of
flow at approximately 20% - 40% of the rated capacity of the meter,
and one known as the "High-Rate" test, at a rate of flow at
approximately 80% - 100% of the rated capacity of the meter. The
tests at the two rates of flow, the "Check-Rate" test and
the “High-Rate” test shall be comparable to within one (1)
percent. If the tests at the two rates of flow do not agree to within
one (1) percent, the meter must be repaired to meet the criteria.
Both tests must also pass the accuracy test limits of 100 percent ±
1.5 percent as described in § 1.6(C)(1)(a) of this Part. The
Division will require additional tests based on extenuating
circumstances. All tests to determine the accuracy of any gas service
meter shall be made with the appropriate bell, sonic nozzle, or
transfer prover or other approved standard meter proving method such
as differential testing of rotary meters and field proving of turbine
meters.
3. Rotary Meters
Rotary meters shall be tested
at not less than fifteen percent (15%) of full rated flow. A utility
shall not install a rotary meter that is more than one half of one
percent (0.5%) fast or more than one and one half percent (1.5%) slow
at the points of test.
4. Orifice Meters
Orifice meters shall be
manufactured and installed in accordance with all guidelines
specified in the current edition of ANSI/API 2530 (AGA Report No. 3),
Orifice Metering of Natural Gas. Orifice meters shall be tested at
not less fifteen percent (15%) of full rated flow. The meters shall
not be more than one half percent (0.5%) fast or more than one and
one half percent (1.5%) slow at the points of the test.
5. Turbine Meters
Turbine meters for which the
manufacturer has established minimum spin times, may be spin tested
to determine their in-service condition. Turbine meters shall be
given a spin test at least once every twelve (12) months unless
covered under an approved in-service performance-testing program, or
the operator receives a written waiver from the customer not to
conduct the test per their decision. Any meter found to have a spin
time less than the manufacturer's recommended minimum and which
cannot be brought up to the minimum by cleaning and lubrication shall
be changed and replaced with an accurate meter. Turbine type meters
shall be tested at not less than fifteen percent (15%) of full rated
flow. The meters shall not be more than one half percent (0.5%) fast
or more than one and one half percent (1.5%) slow at the points of
the test.
6. Gas Volume Corrections
Gas volume corrections for
temperature shall be made in accordance with Charles' law. Gas volume
corrections for pressure shall be made in accordance with Boyle's
law. Gas volume corrections for supercompressibility shall be made in
accordance with either of the following publications of the American
Gas Association (AGA):
a. Manual for the
Determination of Supercompressibility Factors for Natural Gas,
Project NX-19 (1962) (A.G.A. Catalog No. L00340), incorporated above
in § 1.1(C) of this Part.
b. Compressibility and
Supercompressibility for Natural Gas and Other Hydrocarbon Gases,
Transmission Measurement Committee Report No. 8 (1992 A.G.A.
Catalog), incorporated above in § 1.1(C) of this Part.
7. Testing Facilities and
Equipment
a. Each LDC shall maintain
the equipment and facilities necessary for accurately testing meters
used for the measuring of gas delivered to its customers, unless
arrangements approved by the Division shall have been made to have
the testing done elsewhere. The LDC shall maintain this equipment in
good condition and correct adjustment so that it can determine the
accuracy of any service meter to within one half of one percent
(0.5%). The area within the meter shop used for the testing of meters
shall be designed so that the meters and meter testing equipment are
protected from draft and excessive changes in temperature.
b. Accepted good practice. The
following publications are considered to be representative of
accepted good practice in matters of metering and meter testing:
(1) American National
Standard for Gas Displacement Meters (500 Cubic Feet per Hour
Capacity and Under (Class A)), ANSI B109.1-2000.
(2) American National Standard
for Diaphragm Type Gas Displacement Meters (Over 500 Cubic Feet per
Hour Capacity (Class B)), ANSI B 109.2-2000.
(3) American National Standard
for Rotary Type Gas Displacement Meters, ANSI B 109.3-2000. 25
(4) Measurement of Gas Flow
by Turbine Meters, ANSI/ASME MFC-4M-1997 and American Gas Association
(AGA) Report 7, Sections 8 and 9.
(5) Orifice Metering of
Natural Gas and Other Related Hydrocarbon Fluids, ANSI/API 2530-1991.
8. Measurement of gas at
higher than standard service pressure.
a. Pressure-recording
equipment. If gas is measured to customers through meters at a
pressure greater than standard service pressure, the meters shall be
equipped with reliable pressure-volume recording gauges or other
devices for accurately determining the quantity of gas that has
passed through the meter in accordance with contract or tariff
provisions.
b. Determination of
multiplier. In computing the volume of gas at a given pressure base
from a pressure-volume chart, the multiplier shall be obtained by the
weighted average method, which consists of determining the average
pressure for each indicated unit volume on the chart.
c. Fixed pressure factor
measurement. If the gas metering pressure can be maintained at a
constant level so that it will not vary by more than plus or minus
1.0% of the absolute metering pressure, the quantity of gas corrected
for pressure for billing purposes may be determined by multiplying
the uncorrected volume by the factor of Metering Pressure Plus
Atmospheric Pressure Divided by Base Pressure or by a special index
with gearing to perform this calculation. The special index shall
meet the specifications of ANSI Standard B109.1, § 6.2 (1986) or
ANSI Standard B109.1, § 6.9 (1986), incorporated above in § 1.1(D)
of this Part. The ability of the regulator to maintain the constant
pressure shall be verified at or prior to installation. Verification
will be established by the use of a verified pressure-indicating
gauge (accuracy: ANSI B40.1 Grade 3A, incorporated above in § 1.1(D)
of this Part), or a pressure-recording gauge, at both high and low
flow conditions where practicable, but never less than one (1)
verification under actual operating conditions. Annual reports of the
results of periodic tests will be forwarded to the Division by March
31st for the prior year.
9. AMR Device Verification
All meters with an AMR device
shall be tested to verify the AMR reading is in sync with the meter
index. AMR devices will be verified at all meter testing and before
installation at a customer’s premises.
D. Test Schedules
1. Periodic Tests of Meters
in Service
All gas meters in service
shall be tested in accordance with the following schedule and, if
necessary, shall be adjusted to register within the tolerance
prescribed in § 1.6(C)(1) of this Part.
a. All meters rated by the
manufacturer up to and including five hundred (500) cubic feet per
hour (Class A), based on one-half inch (1/2") water pressure
differential shall be proof tested not less than once each fifteen
(15) year service period.
b. Meters normally rated by
the manufacturer in excess of five hundred (500) cubic feet per hour
(Class B), based on one-half inch (1/2") water 27 pressure
differential, shall be proof tested not less than once in each ten
(10) year service period.
c. Each meter so tested shall
have affixed the seal prescribed by the Division. (See § 1.13 of
this Part)
d. In addition, the Division
retains the right to order the testing of meters on a random basis on
behalf of the customer.
E. Request Tests
1. Generally, when requested
by a customer, or by the Division on behalf of the customer, LDC
shall test the accuracy of the customer's meter within fifteen (15)
days from the time the request is made or earlier if requested by the
Division. If the meter has been tested during the preceding
thirty-six (36) months, the LDC may require the deposit of a customer
fee of seventy-five ($75.00) dollars for such a test.
a. If, on testing, the meter
is found to be fast by more than 1.5%, the deposit shall be promptly
refunded. If the meter is not found to be fast by as much as 1.5%,
the LDC shall retain the amount deposited for the test.
b. A report giving the name of
the customer requesting the test, the date of the request, the
location the meter was in service, the location where the meter test
was performed, the type, make, size, the serial number of the meter,
the date tested, and the result of the test shall be supplied to each
customer within a reasonable time after completion of the test.
(1) The LDC shall retain
copies of the above reports for at least two (2) years.
c. A customer, the Division,
or an agent thereof may be represented in person when the LDC
conducts the test on the meter.
2. Referee Tests:
a. The LDC, when notified by a
customer that a referee test of the meter is requested, shall notify
the Division. The LDC, as herein provided, shall not knowingly
remove, interfere with, adjust, or pretest the meter to be tested
without the written consent of the customer or approval of the
Division.
b. The Division, when notified
by a customer that a referee test of the meter is requested, shall
notify the LDC to remove and seal the meter in the presence of the
consumer or the Division if so requested. If directed to seal the
meter, the LDC shall keep the meter in the same condition with the
seal unbroken until the test can be made in the presence of the
customer, their agent and/or the Division.
c. All referee meter tests
shall include an inspection of the meter index by removing the index
from the meter body. The dials, gears and all other parts of the
index shall be visually inspected for wear, misalignment or other
mechanical defects that would affect the accuracy of the meter on a
continuing or sporadic basis.
d. Failure to abide by the
above Referee Test procedures will result in the maximum penalty as
set forth in R.I. Gen. Laws § 39-2-8.
F. Customer's Billing
Adjustments
1. Fast Meters
a. Whenever, as the result of
a test made by the LDC, a gas meter is found to be fast in excess of
1.5% of the correct amount, the LDC shall refund to the customer an
amount equal to the charge for gas billed in excess of 100% for the
two (2) highest months gas bill multiplied by 6 (six) for the year
prior to the test, or the highest two (2) months gas bills 29
multiplied by 6 (six) from the last test date if the test was made
within the last twelve (12) months.
b. However, if the time when
the error first developed or occurred can be definitely fixed, the
amount to be refunded is to be based thereon; the time period for
which the LDC is required to adjust, refund or credit the customer’s
bill shall not exceed five (5) years unless otherwise ordered by the
Division.
c. Under no circumstance will
a refund be made to a customer if there is evidence of gas diversion
or that the meter has been tampered with. If the meter test is
conducted within less than 12 months of service with the present
customer of record and the meter test fails resulting in a refund,
the refund shall be appointed to customers who received service
through the meter found to be registering inaccurately. In the case
of a previous customer who is no longer a customer of the LDC, a
notice of the refund shall be mailed to his or her last known address
2. Slow Meters: Whenever, as
the result of a test made by the LDC, a gas meter is found to be slow
in excess of 2.0% of the correct amount, the LDC shall be required to
issue a corrected bill to the customer for an amount equal to the
charge for gas that was under billed. If the gas meter is found to be
slow less than 2.0% the LDC shall not issue a corrected bill.
3. Non-Registration, Does Not
Register (DR Meter), or Unaccountable Gas: If a meter is found which
does not register, the bill for the period of non-registration shall
be based upon information recorded prior or subsequent to the period
of non-registration and by any other pertinent information supplied
by the customer or known to the LDC (such as an active “AMR”
device). The company may use a prior year’s usage for the same time
period of non-registration as long as the “degree days” are taken
into consideration in the calculation. The company shall act to
correct the problem within two (2) months of receiving evidence of a
non-registering meter. In no case will the LDC be allowed to recover
billing for unaccounted for gas past (two) 2 months of
non-registration of the meter, or, if the meter has an attached AMR
device, the non-registration of the meter and the non-registration of
the AMR device. However, the Division will permit the LDC to seek a
waiver from the Division with respect to the foregoing billing
prohibition. The waiver request shall include details of the LDC’s
efforts and experienced difficulties in accessing the customer’s
property in order to repair the non-registering meter. The waiver
shall be filed with the Division prior to the expiration of the
two-month billing deadline.
4. Estimated Bills: Once the
LDC has to use estimated bills for a six (6) month period, it will
treat the account as if it were one with a non-registration meter and
shall have no more than two (2) months to obtain an actual read.
5. Adjustments to bills for
other meter errors: If a customer has been overcharged or
undercharged as a result of an incorrect reading of the meter,
incorrect application of the rate schedule, incorrect connection of
the meter, application of an incorrect multiplier or constant or
other similar reason, the overcharge shall be refunded to the
customer or the undercharge may be billed to the customer.
G. Records of Meters and Tests
1. Each LDC shall keep,
numerically arranged and properly classified, records giving, for
each meter used and owned by the LDC for any purpose, the
identification number, date of purchase, name of manufacturer, serial
number, type, a history of the premises where the meter was located,
a history of the meter testing sites, and the meter’s rating. A
complete record of the latest test made on a meter shall be retained
in the LDC's files for a period of fifteen (15) years in such a
manner that it will be readily available to the Division or the
ratepayer for inspection, unless the meter is permanently retired in
such case the records should be retained for three (3) years after
condemnation.
2. Each LDC shall report
annually to the Division a summary report of meter tests made during
the year. The report will include the number of meters tested, the
number of meters considered “DR” or non-registering, the number
of meters found to be accurate within the allowable limits, the
number of meters found to be fast, and the number of meters found to
be slow. In addition to the number of meters found to be outside the
allowable limits the LDC shall report how many meters were over 3%
fast or slow.
1.7 Equipment and Facilities
A. Standard Practice
1. The gas facilities of the
LDC shall be constructed, installed, maintained and operated in
accordance with accepted good engineering practice in the gas
industry to assure, as far as reasonably possible, continuity of
service, uniformity, in the quality of service furnished and the
safety of persons and property.
2. In determining standard
practice, the Division has incorporated by reference in §§ 1.1(A)
and (B) of this Part, and the LDC shall use, the applicable
provisions of the most recent editions of 49 C.F.R. Parts 190-199 and
Part 40 Pipeline Safety Regulations, NFPA 54 National Fuel & Gas
Code, NFPA 58 Storage and Handling of Liquefied Petroleum Gases, NFPA
59 Storage and Handling of Liquefied Petroleum Gases at Utility Gas
Plants, and NFPA 59A Production Storage and Handling of Liquefied
Natural Gas (LNG), except as any of the foregoing may in any
particular case be modified by statute, ordinance, orders, rules or
regulations by governmental bodies or agencies having jurisdiction.
The LDC shall be guided by the following American National Standards
Institute (ANSI) publications:
a. ANSI/API 2530, "Orifice
Metering of Natural Gas and Other Related Hydrocarbon, A.G.A. Report
No. 3," incorporated by reference in § 1.1(E) of this Part, as
follows:
(1) Part I, "General
Equations and Uncertainty Guidelines," (1990) (A.G.A. Catalog
No. XQ9017).
(2) Part II, "Specification
and Installation Requirements," (1991) (A.G.A. Catalog No.
XQ9104).
(3) Part III, "Natural
Gas Applications," (1992) (A.G.A. Catalog No. XQ9210).
(4) Part IV, "Background
Development, Implementation Procedures, and Sub-Routine Documentation
for Empirical 33 Flange-Tapped Discharged Coefficient Equation,"
(1992) (A.G.A. Catalog No. XQ9211).
b. ANSI B109.1, "Diaphragm
Type - Gas Displacement Meters, Under 500 Cubic Feet per Hour
Capacity," (1992) (A.G.A. Catalog No. X69218), incorporated by
reference in § 1.1(F) of this Part.
c. ANSI B109.2, "Diaphragm
Type - Gas Displacement Meters, 500 Cubic Feet per Hour Capacity and
Over," (1992) (A.G.A. Catalog No. X69219), incorporated by
reference in § 1.1(F) of this Part.
d. ANSI B109.3, "Gas
Displacement Meters, Rotary Type," (1992) (A.G.A.Catalog No.
X69220), incorporated by reference in § 1.1(F) of this Part.
e. ANSI Z223.1 National Fuel
Gas Code. The Division adopts by reference as rules, and the LDC
shall use, the following American Society for Testing and Materials
(ASTM) publications, incorporated by reference in § 1.1(G) of this
Part:
(1) ASTM specification D-1826
"Calorific Value of Gases in Natural Gas Range by Continuous
Recording Calorimeter," (D1826-88).
(2) ASTM specification D-1945
"Method for Analysis of Natural Gas by Gas Chromatography,"
(D1945-91).
(3) ASTM specification D-3588
"Method for Calculating Calorific Value and Specific Gravity
(Relative Density of Gaseous Fuels)," (D3588-91)
B. Construction and
Maintenance
Each LDC shall construct,
install, operate and maintain its plant, structures, equipment, and
gas pipelines in accordance with standard practice, as defined in the
paragraphs above, and in such manner as to best accommodate the
public and to prevent interference with service provided by other
public utilities.
1.8 Records and Reports
A. Physical Plant Records
Each LDC shall keep
sufficient records of the operation of its physical plant to show the
characteristics and performance of each unit.
B. Gas Supply Measurement
Each LDC shall utilize a
suitable measuring device, or otherwise determine production, at each
source of supply in order that a record may be maintained of the
quantity of gas produced at each source. Unless the transmission
company supplying the gas furnishes sufficient information, each LDC
purchasing gas shall maintain adequate instruments and meters to
obtain complete information as to such purchases.
C. System Maps
Each LDC shall have on file,
located within the State, a suitable map, maps, drawings or
electronic data, showing the following:
1. The size, character and
location of all mains, including valves.
2. The size and location of
each service connection, where practicable. In lieu of showing
service locations on maps, a card record or other suitable means may
be used.
3. The layout of all
principal metering and regulator stations, production plants to show
size, location and character of all major equipment pipelines,
connections, valves and other equipment used.
D. Preservation of Records
The LDC shall preserve all
records required by these Rules for a period of two (2) years unless
otherwise designated herein. Such records shall be kept within the
State of Rhode Island at the office or offices of the LDC and shall
be available for examination by the Division.
E. Reports to Division
The LDC shall furnish to the
Division, at such times and in such form as the Division may require,
the results of any required tests and summaries of any required
records. The LDC shall also furnish the Division with any information
concerning the LDC's facilities or operations which the Division may
request and need for determining rates or judging the practices of
the LDC.
1.9 General/Safety
A. Safety Instructions
1. Each LDC shall adopt
comprehensive instructions for the safety of employees in regard to
the operation, construction or maintenance of its plant and
facilities, and shall be satisfied that such employees have been
properly informed of safe practices and are cognizant of all hazards
involved.
2. Except in certain
commercial and industrial applications that require a standby fuel
the LDC shall have the authority to refuse initial natural gas
service 36 to a customer that uses another gaseous fuel, such as
liquefied petroleum gas, in the same building.
3. Anytime the existence of a
mercury regulator is found in a commercial or residential facility
the LDC shall remove said mercury regulator and contract for the
disposal of the contents in a safe and acceptable manner consistent
with all applicable Federal and State regulations regarding such
practice.
B. Accidents
Each LDC shall report to the
Division as soon as possible after each accident occurring in
connection with the operation of its property, facilities, or
service, wherein any person shall have been killed, admitted to a
hospital, or whereby any property damage shall have been caused. The
first report may be preliminary, but, if so, shall be followed later
by as full a statement as possible of the cause and details of the
accident and the precautions taken, if any, to prevent recurrence.
C. Penalties
Any LDC found guilty of
violating any provision of these rules shall be subject to the
penalties set forth in R.I. Gen. Laws §§ 39-2-8 or 39-3-40 as
appropriate.
1.10 Abandonment of Gas Services
A. Abandonment of Service
Lines That Become Inactive after the Effective Date of these
Regulations:
1. All non-plastic and
non-cathodically-protected steel inactive service lines and service
stubs shall be abandoned within five (5) years, unless such lines
have been reactivated prior to that time.
2. All plastic and
cathodically-protected steel inactive service lines shall be
physically disconnected (cut off) within close proximity of a
property line within five (5) years.
3. The LDC should determine
whether inactive service lines ought to be abandoned at any prior
time. The determination shall be based on such appropriate variables
as service line age, location, condition, material, construction
methods, leak and maintenance history of the pipe, existence and/or
application of cathodic protection, individual and property-owner
requests and other criteria selected by the LDC.
B. Abandonment of any
Inactive Service Line
1. Notwithstanding the above,
inactive service lines, which shall be abandoned promptly, are those:
a. located in, or in close
proximity to, excavations; or
b. located in, or in close
proximity to, buildings being demolished; or
c. discovered to be leaking
gas; or
d. unrecorded or previously
unknown lines discovered in the course of leakage surveys,
construction, maintenance or inspection of facilities.
C. Records, Reports and
Procedures
1. Readily accessible records
of inactive service lines and service stubs shall be maintained by
the LDC which shall include the type of pipe material, the service
line's location, the date the service line became inactive, and the
date the service line was installed. If any information is
unavailable to or unobtainable by the LDC, it shall be listed on the
record as "unknown".
1.11 Control of Drug and Alcohol
Use
Refer to the Federal Pipeline
Safety Regulations rules set out in 49 C.F.R. Part 40 and Parts
190-199, incorporated above in § 1.1(A) of this Part.
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, Public Law
90-481, and any amendments thereto.
2. The Federal regulations
issued under the Act of 1968, Public 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.
1.13 Meter Labeling (Appendix A)
A. There shall be provided and
affixed to the front of each customers gas meter a waterproof
decalcomania having a bright yellow background enclosed by black
border lines not less than 1/16" in width.
B. Within the border lines
there shall be printed on the label with black ink in characters not
less than 3/16" high arranged in three lines with the third line
not less than 1/4" high indicating the month and year the meter
was last installed in accordance with the following label
arrangement:
TESTED
AND ADJUSTED
TO
R.I.D.P.U. STANDARDS
INSTALLATION
DATE:
C. Each "Decal"
label shall not be less than 2 1/4" in length by 7/8" in
width in size. The coloring or printing shall be of a material that
is suitable for New England climatic exposure. Any meter removed from
service due to a high bill complaint must maintain the meter decal
label until the required two (2) month holding period has ended.
1.14 Telephonic Notice of Certain
Gas Incidents (Appendix B)
A. At the earliest practicable
moment following discovery each LDC, Master Meter System, or
Jurisdictional Propane System shall give notice of any gas incident.
“Incident” means any of the following events that results:
1. In the involvement of an
unanticipated release of gas:
a. from a pipeline or
b. an LNG facility or
c. of a liquefied natural gas
or
d. a death or personal injury
or
e. property damage
2. From the excavating
operations of another party
3. In an emergency shutdown of
an LNG facility
4. In the involvement by
police, fire, or media personnel
5. In a house or building
being evacuated (public or private)
6. In any other situation that
is significant, in the judgment of the operator, even though it did
not meet the above criteria, such as but not limited to,
overpressure, loss of system pressure, outages, etc.
B. Between the hours of 8:30
A.M. and 4:00 P.M., Monday - Friday - call the Division of Public
Utilities & Carriers engineering section office numbers until a
person is contacted. Do not leave an emergency notice on voice mail.
If the personnel list is exhausted, please dial “0” for operator
and you will be transferred to another staff member.
C. After work hours call the
phone numbers in the order listed on your “Emergency Response
Chart” until a person is contacted. If there is no response,
continue to call every hour until someone answers. If the Division
requests a written report of the incident, it must be submitted
within one week. Appropriate personnel within your respective gas
companies must have a copy of these phone numbers and a copy must be
inserted in your companies’ O&M manual.