4901:1-16-02 Purpose and scope.

 

 

 

TO BE RESCINDED

 

4901:1-16-02               Definitions.

 

 

As used in this chapter.

 

(A)  "Gas" means:

 

(1)  Natural gas, synthetic natural gas, or a mixture of those gases; and

 

(2)   Petroleum gas when used in the transmission or distribution system of a natural gas company or gas company.

 

(B)    "Synthetic natural gas" means gas formed from feedstocks other than natural gas, including coal, oil or naphtha.

 

(C)  "Person" means:

 

(1)   An individual, corporation, business trust, estate, trust, partnership, association, firm, joint venture or municipal corporation; and

 

(2)    Any trustee, receiver, assignee, or personal representative of those defined in paragraph (C)(1) of this rule.

 

(D)   "Intrastate pipeline transportation" has the meaning set forth in 49 U.S.C. App. 1671, as now or hereafter amended. Intrastate pipeline transportation shall exclude the gathering of gas which is exempted by the Natural Gas Pipeline Safety Act.

 

(E)   "Gathering lines" and the "gathering of gas" have the meaning set forth in the Natural Gas Pipeline Safety Act and the rules adopted by the United States department of transportation pursuant to the Natural Gas Pipeline Safety Act, including 49 C.F.R. part 192, as now or hereafter amended.

 

(F)   "Operator" means:

 

(1)  A gas company;

 

(2)   A natural gas company, including a producer of gas which does business as a natural gas company pursuant to division (A)(6) of section 4905.03 of the Revised Code;

 

(3)    A pipe-line company, when engaged in the business of transporting gas by

 

 

 

pipeline;

(4)    A public utility that is excepted from the definition of "public utility" under division (B) or (C) of section 4905.02 of the Revised Code, when engaged in supplying or transporting gas by pipeline within this state; and

(5)   Any person that owns, operates, manages, controls, or leases:

(a)   Intrastate pipeline transportation facilities within this state;

(b)     Gas  gathering  lines  within  this  state  which  are  not  exempted  by  the Natural Gas Pipeline Safety Act; or

(c)   A master meter system within this state.

"Operator" does not include an ultimate consumer who owns a service line, as defined in 49 C.F.R. 192.3, as now or hereafter amended, on the real property of that ultimate consumer.

(G)   "Master meter system" means a pipeline system that distributes gas to two or more buildings within a contiguous property for which the system operator purchases gas for resale to consumers, including tenants. Such pipe-line system supplies consumers who purchase the gas directly through a meter, or by paying rent, or by other means. The term includes a master meter system as defined in 49 C.F.R. 191.3, as now or hereafter amended. Master meter system shall exclude pipelines within a manufactured home or a building, except it shall include "service lines" as defined in 49 C.F.R. 192.3, as now or hereafter amended.

(H)    "Contiguous property" includes, but is not limited to a manufactured home park as defined in section 3733.01 of the Revised Code; a public or publicly subsidized housing project; an apartment complex; a condominium complex; a college or university; an office complex; a shopping center; a hotel; an industrial park; and a race track.

(I)   "Safety inspection" means the following inspections, surveys and testing of a master meter system which are required by the pipeline safety code, and includes mapping (if accurate maps are not available from the operator) and pipe locating (if the operator could not locate pipelines in its system):

(1)   49 C.F.R. 192.465(A) - annual testing to determine whether cathodic protection of metallic pipelines meets the requirements of 49 C.F.R. 192.463;

(2)     49 C.F.R. 192.625 - sampling of combustible gas to determine the proper concentration of odorant in distribution pipelines, unless records of the natural gas company performing the safety inspection show that the concentration of odorant in the gas transported to or near the master meter system conforms to section 192.625;

(3)   49 C.F.R. 192.723(B) - gas leak surveys, at least every year in business districts, and at least every five years outside business districts but at least every three years for cathodically unprotected steel distribution lines (as specified in 49

C.F.R. 192.723(B)(2)) and for wrought iron distribution lines.

(4)     49 C.F.R. 192.739 - annual inspection and servicing of pressure regulating stations;

(5)     49 C.F.R. 192.743 - annual testing or calculation of required capacity of pressure relief devices;

(6)   49 C.F.R. 192.747 - annual inspection and servicing of critical valves;

(7)   49 C.F.R. 192.749 - annual inspection of underground vaults housing pressure regulating/limiting equipment and ventilating equipment.

(J)    "Incident means an event that involves a release of gas from an intrastate pipeline transportation facility and results in:

(1)   A death;

(2)   Personal injury requiring inpatient hospitalization; or

(3)   Estimated property damage of fifty thousand dollars or more, which is the sum of:

(a)    The estimated cost of repairing and/or replacing the physical damage to the pipeline facility;

(b)    The cost of material, labor and equipment to repair the leak, including meter turn-off, meter turn-on and light up; and

(c)   The cost of gas lost by an operator or person or both. Cost of gas lost shall not include the cost of gas in a planned operational release of gas by an

operator which is performed in compliance with the pipeline safety code.

(K)     "Chief" means the chief of the gas pipeline safety section of the commission's consumer services department or his/her designee(s).

(L)   "Staff" means those employees of the commission's consumer services department to whom responsibility has been delegated for enforcing and administering the pipeline safety code.

(M)   "Pipeline safety code" means sections 4905.90 to 4905.96 of the Revised Code, this chapter and orders issued thereunder.

(N)    "Natural Gas Pipeline Safety Act" means the "Natural Gas Pipeline Safety Act of 1968," 82 Stat. 720, 49 U.S.C. App. 1671 et seq., as now or hereafter amended.

Effective:                                                     01/06/2005

R.C. 119.032 review dates:                         04/05/2002

CERTIFIED ELECTRONICALLY

Certification

12/27/2004

Date

Promulgated Under:                           111.15

Statutory Authority:                           4905.91

Rule Amplifies:                                  4905.90

Prior Effective Dates:                         02/01/91, 10/13/94