PSC-52-14-00023-P LDC Inspection and Remediation Plans for Plastic Fusions

12/31/14 N.Y. St. Reg. PSC-52-14-00023-P

NEW YORK STATE REGISTER

VOLUME XXXVI, ISSUE 52

December 31, 2014

RULE MAKING ACTIVITIES

PUBLIC SERVICE COMMISSION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PSC-52-14-00023-P

LDC Inspection and Remediation Plans for Plastic Fusions

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

The Commission will decide whether to require Consolidated Edison (Con Ed) and Orange & Rockland utilities (ORU) to follow their plastic fusion inspection and remediation plans addressing safety risks submitted in Case 14-G-0212.

Statutory authority:

Public Service Law, sections 65 and 66

Subject:

LDC inspection and remediation plans for plastic fusions.

Purpose:

Whether to order Con Ed and ORU to comply with their filed plans that address any safety risks associated with plastic fusions.

Substance of proposed rule:

On June 27, 2014, the Commission issued two orders in Case 14-G-0212 - Proceeding on the Motion of the Commission to Investigate the Practices of Qualifying Persons to Perform Plastic Fusions on Natural Gas Facilities. One order was directed at Consolidated Edison of New York’s (CECONY) (Order Instituting Proceeding to Investigate Consolidated Edison Company of New York, Inc.’s Practices and Obtain Information Concerning Plastic Fusions on Natural Gas Facilities). The other order was directed at the other local gas distribution companies LDCs in New York State (Order Investigating the Practices and Obtaining Information Concerning Plastic Fusions on Natural Gas Facilities). In both Orders, ordering clause 8 addressed the safety risk of plastic fusions performed by employees and contractors who were not qualified to perform plastic fusion in accordance with 16 NYCRR Part 255. For CECONY the ordering clause requested explanation of how CECONY would ensure the period of non-compliance did not result in defective fusions or other adverse consequences.

The responses by CECONY and the other LDCs did not fully address the risks. Therefore, a letter, dated September 29, 2014, was sent to all LDCs from the Chief of Gas Safety requesting each LDC to submit a remediation plan that fully addresses the risks. The letter specified eleven requirements for the plans, the plastic fusions to be considered, and the basis upon which utility personnel are considered non-qualified.

CECONY and Orange & Rockland Utilities, Inc. have submitted two remediation plans. Those LDCs not submitting a plan made the determination that they had no plastic fusions requiring a remediation plan.

The Commission is considering whether to order compliance with, reject, or modify the remediation plans submitted by CECONY and ORU.

Text of proposed rule and any required statements and analyses may be obtained by filing a Document Request Form (F-96) located on our website http://www.dps.ny.gov/f96dir.htm. For questions, contact:

Deborah Swatling, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Kathleen H. Burgess, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, [phone], email: [e-mail]

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 proposed rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.

(14-G-0212SP2)