TITLE 170 INDIANA UTILITY REGULATORY COMMISSION
Proposed Rule
LSA Document #10-184
DIGEST
Adds
170 IAC 5-5 to establish procedures for resolving violations of underground plant protection laws. Effective 30 days after filing with the Publisher.
Rule 5. Damage to Underground Facilities
Authority:
IC 8-1-26-26
Sec. 1. (a) The definitions in IC 8-1-26, where applicable, and this section apply throughout this rule.
(b) "Advisory committee" means a committee appointed by the governor of the state of Indiana in order to issue findings and recommendations on violations as identified by the pipeline safety division.
(c) "Association" means the Indiana underground plant protection service.
(d) "Commission" means the Indiana utility regulatory commission.
(e) "Pipeline safety division" means the pipeline safety division of the commission or the commission's designee.
(Indiana Utility Regulatory Commission; 170 IAC 5-5-1)
170 IAC 5-5-2 Notice of damage to underground facility
Authority:
IC 8-1-26-26
Sec. 2. Notice of damage to underground facilities will be made available to the pipeline safety division for investigation from the following:
(1) Damage data reported to the association by:
(A) persons responsible for an excavation or demolition as required by IC 8-1-26-21; and
(B) other persons who allege a violation of IC 8-1-26.
(3) Incident reports required by 49 CFR 191 and 49 CFR 195.
(Indiana Utility Regulatory Commission; 170 IAC 5-5-2)
170 IAC 5-5-3 Process for determining violations of the underground plant protection laws
Authority:
IC 8-1-26-26
Sec. 3. (a) The pipeline safety division must investigate alleged violations of IC 8-1-26.
(b) The pipeline safety division or its designee must forward its findings of violations of requirements provided in IC 8-1-26 to the advisory committee.
(c) Upon receiving findings from the pipeline safety division or its designee, the advisory committee must give the affected parties notice of the pipeline safety division's findings and provide the affected parties thirty (30) days to request an opportunity to appear before the advisory committee with regard to the violation.
(d) A request to appear before the advisory committee must be in writing and shall be considered filed upon receipt by the advisory committee.
(e) Subject to subsection (c), the advisory committee may recommend to the commission penalties in accordance with IC 8-1-26-23 to be levied upon parties found to have violated IC 8-1-26.
(f) Upon receiving a recommendation from the advisory committee, the commission must give the affected parties notice of the advisory committee's recommendation and provide the affected parties thirty (30) days to request a public hearing on the advisory committee's recommendation.
(g) A request to appear before the commission must be in writing and shall be considered filed upon receipt by the commission.
(h) The commission's review of the advisory committee's recommendation is limited to the record of the pipeline safety division or its designee and any specific determinations made by the advisory committee. Based on its review the commission may:
(1) uphold or reverse the finding of a violation by the pipeline safety division or its designee; and
(2) approve or disapprove each recommendation of the advisory committee.
(i) A person found in violation of IC 8-1-26 may be required to pay a civil penalty under IC 8-1-26-18 or IC 8-1-26-25, or both. All civil penalties must be paid to the commission within ninety (90) days of being assessed.
(Indiana Utility Regulatory Commission; 170 IAC 5-5-3)
170 IAC 5-5-4 Underground plant protection account
Authority:
IC 8-1-26-26
Sec. 4. (a) The commission shall administer the account.
(Indiana Utility Regulatory Commission; 170 IAC 5-5-4)
Posted: 06/16/2010 by Legislative Services Agency
DIN: 20100616-IR-170100184PRA
Composed: Apr 26,2024 1:06:06PM EDT
A
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