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Pipeline Safety: Information Collection Activities Florida Public Service Commission – UPDATED Staff Comments (Document ID PHMSA-2009-0304-0006) regarding the state’s pipeline safety program and responsibility for compliance with the 9 elements. PHMSA continues to take actions as if there is some formal oversight or legal link between Florida Public Service Commission (Commission) and the state's One-call system. Other than some limited safety oversight, the Commission has over natural gas intrastate natural gas distribution operators (NGDO); there is no Commission over-all, encompassing, authority regarding all state infrastructure that pertains to one-call and damage prevention efforts. The NGDOs only represent about 4% of infrastructure under Commission jurisdiction and much less of the State's total infrastructure entities covered by Sunshine State One-Call of Florida (SSOCOF). The Commission has no statutory authority over these 9 elements, other than the limited parts for pipelines, or the State’s one call damage prevention system. The State does have the Underground Facility Damage Prevention and Safety Act, Chapter 556, Florida Statutes that covers all excavators and owners of underground facilities that transports materials or services. The Statute establishes a corporation and sets the makeup of a governing board to administer the provisions and manage the SSOCOF. Chapter 556 has enforcement authority for violation for noncriminal infractions and misdemeanors. The authority is provided to any local or state law enforcement officer and permitting agency inspectors allowing them to issue citations for violations of Chapter 556. Penalties can range from $250 to $5,000 for each infraction. These infractions are adjudicated in the county courts where the violations occurred. Disputes regarding cost recoveries of repairs are handled as civil matters. Excavators are billed for damages and if there is a failure to pay utilities sue to recover costs. The Commission’s capabilities are greatly limited when it comes to promotion and enactment of the 9 Element Directive established in the PIPES Act Section 60134 of Title 49. The staff of the Commission’s Bureau of Gas Safety is in support of the Excavation Damage Prevention Initiative and Public Awareness Program. However, the Commission and its staff are expressly limited by state statutes from direct or indirect involvement with organizations that have goals to lobby the state’s legislature to create new laws or alter existing law. As stated in the Excavation Damage Prevention Initiative’s Guide to the 9 Elements, a forum of stakeholders must be organized to drive action for the implementation of necessary laws, regulations and processes associated with the 9 elements of the PIPES Act. The Commission and its staff cannot participate in such a forum. The State of Florida has had Chapter 556 for damage prevention since 1993, there was a predecessor statute dealing with the same subject that went back to the early 70’s. Florida has had a form of One-Call for excavators since the early 70’s, as well. The changes in the guide PHMSA is asking the Commission to assist and support would require significant statutory changes. The changes PHMSA is asking the Commission to assist and support would require significant statutory changes; require additional staff, and an increased budget. This would challenge extensively the existing damage prevention program and the SSOCOF. The expansion would give authority to the Commission over entities other than our current jurisdictional utilities. The expansion would cover all excavators (this includes any contractors), members of the public, TV cable, counties and cities, water management districts and the state’s Department of Transportation. The Commission has stated in the past that it is the utility regulatory business. Staff believes that the Commission will not participate in the grant allocation program established by the PIPES Act (this is because the Commission has not taken federal monies in the past), as an incentive to develop an Excavation Damage Prevention Initiative Forum. Considering the Bureau of Gas Safety’s current budgetary and manpower limitations, it would be prohibitive to expend the greatly increased man-hour involvement that would be necessary to facilitate the development of the Forum and take the lead to enact the 9-element program. If the Commission were to be mandated to be the driving force in the implementation of the 9-element directive, it would require a reallocation of staff’s workload responsibilities, resulting in other essential public safety pipeline activities being postponed or eliminated that are considered very important based on history and technical expertise. The Commission has data for pipeline damages from a base line record year of 1995 to 2008. During this period, the miles of gas pipeline mains increased 52%, pipeline locate requests have risen to 391% reflecting a extensive increase in excavation activity, while excavation damage to pipelines for the same time period decreased 20.8% comparatively. This is decrease of 1.5% per year on average over the 14-year period. The performance tells the actual story of damage prevention in Florida. Commission staff suggests that One-Call Systems be evaluated on performance using a standard number of damages per thousand locates tickets. The standard for the definition of a ticket and damage reporting would have to be made standard for this to work nationwide. Staff is sure that Florida would rank high in such a system. It is recommended that PHMSA work with and seek the changes through the Board of Florida’s SSOCOF, the state entity that already has the general statutory authority in the area of one-call and damage prevention efforts area or other appropriate industry or public parties. Staff Comments