4 Colo. Code Regs. § 723-11-11000

Current through Register Vol. 47, No. 17, September 10, 2024

Section 4 CCR 723-11-11000 - Scope and Applicability

(a) Absent a specific statute, rules or Commission order that provides otherwise, all rules in this Part 11 (the 11000 series) shall apply to all public utilities and all municipal or quasi-municipal corporations transporting natural gas or providing natural gas service, all operators of master meter systems, and all operators or pipelines transporting gas in intrastate commerce, as defined in 49 C.F.R. § 191.3.

(b) The Public Utilities Commission conducts its Pipeline Safety Program (PSP) activities under §§ 40-1-103, 40-2-115, and 40-7-117, C.R.S. These provide the state statutory authority permitting the Commission to enter into cooperative agreements with federal agencies and to adopt and create rules to administer and to enforce the Natural Gas Pipeline Act found at 49 U.S.C. §§ 60101, et. seq. Collectively, the above referenced federal code and state statutes comprise the Commission's Program Certification Obligations.

(c) These gas pipeline safety rules prescribe the Commissions' requirements for:

(I) the safe construction, operation, maintenance, and integrity management of:

(A) all intrastate pipeline facilities engaged in the transportation of hazardous gases, including natural gas and vaporized liquefied petroleum (LP) gas; and

(B) liquefied natural gas (LNG) facilities; and

(II) reporting requirements for operators of all facilities and pipeline systems.

(d) These rules apply to establish and govern:

(I) regulations and standards for the safe transportation of hazardous gases by intrastate pipeline in Colorado;

(II) administration of the pipeline safety regulations by the Commission;

(III) reporting to the Commission by operators of specific information related to pipeline safety; and

(IV) adoption of federal minimum safety standards for transportation of natural gas and other gas by pipeline including;

(A) adoption of federal minimum safety standards for LNG facilities; and

(B) adoption of federal drug and alcohol testing regulations and procedures.

(e) Except as otherwise directed, processes provided in the Commission's Rules of Practice and Procedure, 4 CCR 723-1, including the rules governing confidentiality, shall apply to all filings made pursuant to this Part 11.

(f) Consistent with § 40-15-107(2)(a), C.R.S., all information, documents, and copies of documents provided in connection with an audit, including any Request for Information from the PSP Chief or PSP Staff, shall be treated as confidential and shall not be made public by the Commission or any other person without prior written consent of the person providing such information, documents, or copies; or pursuant to a court order issued pursuant to § 24-72-204(5), C.R.S. If any such information, document, or copy of a document becomes the basis for, or employed within, an enforcement action pursuant to rule 11500 et seq., rules 1100-1103 of the Commission's Rules of Practice and Procedure shall govern any claim of confidentiality in such proceeding. Any such information, document, or copy of a document that is not treated as, or deemed, confidential or highly confidential in any such proceeding thereafter shall not be treated by the Commission as confidential for any other purpose.

(g) Nothing in these rules shall be construed to exempt pipeline operators from complying with § 9-1.5-105, C.R.S.

4 CCR 723-11-11000

44 CR 04, February 25, 2021, effective 3/17/2021

47 CR 09, May 10, 2024, effective 5/30/2024