N.J. Admin. Code § 14:7-1.17

Current through Register Vol. 56, No. 12, June 17, 2024

Section 14:7-1.17 - Incidents and service interruptions-reporting

(a) Notwithstanding any other rule to the contrary, this section applies to, and governs, the conduct of pipeline operators.

(b) Each gas pipeline operator shall notify the Board's Division of Reliability and Security of any reportable incident immediately, and in no event, later than one hour after the operator learns of the incident.

(c) A reportable incident is an incident that either:

1. Meets the definition of "incident," as that term is defined at 49 CFR 191.3; or

2. Is related to equipment or operations, other than a motor vehicle accident that does not create a service interruption, which results in one or more of the following circumstances:

i. Death of a person;

ii. Serious disabling or incapacitating injuries to persons, including employees of the operator or its contractors;

iii. Damage to the property of the operator, which materially affects its service to the public;

iv. Damage to the property of others amounting to more than $ 5,000; or

v. Any accidental ignition of natural gas.

(d) The initial notice required pursuant to (b) above shall include all relevant facts that are known to the operator about the location and cause of the incident, and the extent of damage and injuries, if any.

(e) The initial notice required pursuant to (b) above shall be followed by additional notices providing any further information about the incident that the operator obtains. These additional notices shall be provided to Board staff as soon as practicable after the information becomes available, by any feasible means, and shall contain all available information that may enable Board staff to assist the operator in minimizing the impact of the incident.

(f) If an operator does not give the initial notification required pursuant to (b) above because the operator does not initially consider the incident a reportable incident, but circumstances change such that the incident later meets the definition of a reportable incident, the operator shall notify the Board's Division of Reliability and Security immediately after the operator becomes aware that the incident is a reportable incident. Failure to demonstrate that it was not possible to have provided timely, complete, and accurate notice to the Board may subject the operator to enforcement action by the Board.

(g) After the initial incident reporting required pursuant to (b) above, the operator shall provide a follow-up report of each reportable incident within 15 days after the incident.

(h) The follow-up incident report shall include all of the information required by the sample incident reporting form made available by the Board's Bureau of Pipeline Safety. The form shall require basic identifying and descriptive information concerning the incident, its causes, and consequences; the extent of damage and injuries, if any, and persons involved; and shall require descriptions of corrective and preventative measures the operator plans to take or has taken to avoid similar incidents in the future.

(i) If, at the time of the submission of the follow-up incident report, the operator is unable to state the corrective measures taken or make recommendations to avoid a recurrence of the incident, the operator shall, within 30 days of the date of the incident, file an amended report, which shall set forth any corrective measures and recommendations.

(j) Service interruptions affecting customers of gas pipeline operators in New Jersey shall be reported to the Board no later than 30 minutes from the time that the operator becomes aware that service has been interrupted for 30 minutes to:

1. A group of 100 or more customers interrupted during the heating season period between November 15 and March 15;

2. A hospital, as defined at N.J.A.C. 8:43G-1.2; or

3. An airport that is designated as a Class I, II, or IV airport pursuant to 14 CFR Part 139 and that holds Airport Operating Certification from the Federal Aviation Administration pursuant to 14 CFR Part 139.

(k) In addition to the reporting required at (j) above, the operator shall report the service interruption to the Board no later than 30 minutes from the time that the utility becomes aware that service has been interrupted for one hour or more:

1. To a group of 100 or more customers interrupted during the non-heating season period;

2. If the service interruption causes the closure of one or more lanes of an interstate highway, State highway, the New Jersey Turnpike, the Atlantic City Expressway, or the Garden State Parkway; or

3. To any of the following critical customers:

i. A public or non-public school facility, including a college or university;

ii. A facility that provides vocational-technical education, or a facility subject to the jurisdiction of a district board of education, as defined at N.J.A.C. 6A:9-2.1; or

iii. A State correctional facility.

(l) Interruptions to service made in accordance with provisions set forth in contracts between gas pipeline operators and their customers need not be reported.

(m) The operator shall promptly follow up the reporting required at (j) or (k) above with a detailed written report that includes all pertinent facts, including the cause of the interruption, the number and locations of customers affected, the duration of the interruption, operator actions to correct the interruption, and to minimize and remedy its effects.

(n) An operator shall provide reasonable notice of a planned interruption to all affected customers, and the work shall be planned so as to minimize customer inconvenience.

(o) Whenever the New Jersey Department of Transportation serves an operator with a notice prohibiting street openings pursuant to N.J.S.A. 27:7-26, the operator receives a New Jersey Executive Branch department directive, or is otherwise notified of any facts, actual or threatened, that may adversely affect its ability to render safe, adequate, and proper service, the operator shall report the pertinent facts to the Board, in writing.

(p) Each operator shall perform all reporting required pursuant to this section using the forms and procedures prescribed by Board staff.

(q) Each operator shall keep a record of each reported interruption of service for a period of one year after the interruption ends.

(r) Records of the major interruptions of service shall be kept in a manner suitable for analysis for the purpose of minimizing possible future interruptions and shall include the time, cause, and duration of the interruptions, as well as the remedial action taken.

N.J. Admin. Code § 14:7-1.17

The following annotations apply to former N.J.A.C. 14:7-1.30 prior to its recodification as N.J.A.C. 14:7-1.17(a) by R.2009 d.69:
Amended by R.1998 d.146, effective 3/16/1998.
See: 29 N.J.R. 5184(a), 30 N.J.R. 1050(a).
Substituted references to operators for references to companies throughout; in (a), substituted a reference to the operator's plant for a reference to the utility's plant; and in (b), added 5 and 6.
Amended by R.2003 d.360, effective 9/15/2003.
See: 35 N.J.R. 1505(a), 35 N.J.R. 4307(b).
Rewrote the section.
The following annotations applies to former N.J.A.C. 14:7-1.31 prior to its recodifications as N.J.A.C. 14:7-1.17(b) by R.2009 d.69:
Amended by R.1998 d.146, effective 3/16/1998.
See: 29 N.J.R. 5184(a), 30 N.J.R. 1050(a).
Inserted "of gas pipeline operators" following "customers" in the first sentence, and substituted a reference to operators for a reference to companies in the second sentence.
The following annotation applies to N.J.A.C. 14:7-1.17 as adopted and amended by R.2009 d.69:
Recodified from N.J.A.C. 14:7-1.30 and 14:7-1.31 and amended by R.2009 d.69, effective 3/2/2009.
See: 40 N.J.R. 4915(a), 41 N.J.R. 1083(a).
Sections were "Accidents" and "Interruptions", respectively. Recodified former N.J.A.C. 14:7-1.30 as (a) and former N.J.A.C. 14:7-1.31 as (b); in (a), updated the N.J.A.C. references; and in (b), substituted "in accordance with N.J.A.C. 14:3-3.7" for "promptly by the speediest means of communications available". Former N.J.A.C. 14:7-1.17, Testing, recodified to N.J.A.C. 14:7-1.14.

Amended by 55 N.J.R. 1201(a), effective 6/5/2023