(a) Incident report.
(1) Telephonic report. At the earliest practical moment
but no later than one hour following confirmed discovery, a gas company
shall notify the Commission by telephone of any event that involves
a release of gas from its pipelines defined as an incident in 49 CFR §191.3.
The telephonic report shall be made to the Commission's 24-hour emergency
line at (512) 463-6788 and shall include the following:
(A) the operator or gas company's name;
(B) the location of the incident;
(C) the time of the incident;
(D) the number of fatalities and/or personal injuries;
(E) the phone number of the operator;
(F) the telephone number of the operator's on-site
person; and
(G) any other significant facts relevant to the incident.
Ignition, explosion, rerouting of traffic, evacuation of any building,
and media interest are included as significant facts.
(2) This paragraph applies to each operator of a gas
distribution system that is subject to the requirements of 49 CFR
Part 192. Such operator shall also provide the following information
to the Division when the information is known by the operator:
(A) the cost of gas lost;
(B) estimated property damage to the operator and others;
(C) any other significant facts relevant to the incident;
and
(D) other information required under federal regulations
to be provided to the Pipeline and Hazardous Materials Safety Administration
or a successor agency after a pipeline incident or similar incident.
(3) Written report.
(A) Following the initial telephonic report for incidents
described in paragraph (1) of this subsection, the operator shall
retain its records and provide to the Commission upon request the
applicable written reports submitted to the Department of Transportation.
Operators of gas gathering pipelines regulated by §8.110 (relating
to Gathering Pipelines) shall file with the Commission within 30 calendar
days after the date of the telephonic report a written report on an
incident described in paragraph (1) of this subsection utilizing the
applicable form from the Department of Transportation.
(B) The written report is not required to be submitted
for master metered systems.
(C) The Commission may require an operator to submit
a written report for an incident not otherwise required to be reported.
(b) Pipeline safety annual reports. Each gas company
shall retain the annual report for its intrastate systems in the same
manner as required by 49 CFR Part 191. A gas company shall provide
a copy of the annual report to the Commission upon request.
(c) Safety related condition reports. Each gas company
shall submit to the Division in writing a safety-related condition
report for any condition outlined in 49 CFR 191.23.
(d) Offshore pipeline condition report. Within 60 days
of completion of underwater inspection, each operator shall file with
the Division a report of the condition of all underwater pipelines
subject to 49 CFR 192.612(a). The report shall include the information
required in 49 CFR 191.27.
(e) Leak Reporting. For purposes of this subsection,
the term "leak" includes all underground leaks, all hazardous above
ground leaks, and all non-hazardous above ground leaks that cannot
be eliminated by lubrication, adjustment, or tightening. Each operator
of a gas distribution system shall submit to the Division a list of
all leaks repaired on its pipeline facilities. Each such operator
shall list all leaks identified on all pipeline facilities. Each such
operator shall also include the number of unrepaired leaks remaining
on the operator's systems by leak grade. Each such operator shall
submit leak reports using the Commission's online reporting system,
Form PS-95, by July 15 and January 15 of each calendar year, in accordance
with the PS-95 Semi-Annual Leak Report Electronic Filing Requirements.
The report submitted on July 15 shall include information from the
previous January 1 through the previous June 30. The report submitted
on January 15 shall include information from the previous July 1 through
the previous December 31. The report includes:
(1) leak location;
(2) facility type;
(3) leak classification;
(4) pipe size;
(5) pipe type;
(6) leak cause; and
(7) leak repair method.
(f) The Commission shall retain state records regarding
a pipeline incident perpetually. "State record" has the meaning assigned
by Texas Government Code §441.180.
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Source Note: The provisions of this §8.210 adopted to be effective November 24, 2004, 29 TexReg 10733; amended to be effective May 15, 2005, 30 TexReg 2849; amended to be effective February 4, 2009, 34 TexReg 582; amended to be effective April 25, 2017, 42 TexReg 2166; amended to be effective January 6, 2020, 45 TexReg 121 |