Regulatory Submissions

APGA Comments on Proposed Excess Flow Valve Rule 

09-16-2015 07:16 PM

APGA’s comments thanked PHMSA for limiting mandatory EFV installation to residential and commercial customers with meter capacities of 1,000 CFH or less. PHMSA had considered requiring EFVs on all new and replaced services but comments from APGA and others on PHMSA’s advanced notice of proposed rulemaking expressed concern that load changes on larger, particularly commercial customers, could lead to unwanted EFV closures. PHMSA agreed and proposed the EFV installation requirements suggested in APGA’s and others’ comments. APGA’s comments expressed concern about the practicality of notifying all customers about EFVs and installing an EFV if the customer requests it. First, the cost of installing an EFV on an existing service could exceed the customer’s total annual gas bill. PHMSA’s proposed rule did allow operators to require the customer to pay for these costs rather than spread the cost to all customers; however, the proposal required operators to seek approval from the “appropriate state regulatory agency to determine whom and/or how the costs of the requested EFVs are distributed.” APGA pointed out that most distribution systems are not subject to state utility commission oversight over rates charged to customers for gas service. Rates are typically approved by the utility’s governing body. APGA supported PHMSA’s proposal that the customer notification could be a message inserted with customers’ bills and that recordkeeping would be limited to a sample of the notice sent rather than a record of which customers were notified. APGA suggested notification go to all customers annually rather than PHMSA’s proposal that it be sent “within 90 days of the customer first receiving gas at a particular location.” Annual notification would be easier to administer. APGA also urged PHMSA to confirm that the customer for this notification is the individual to whom the utility sends the gas bill. Finally, APGA vehemently opposed PHMSA’s proposal that curb valves installed on new and replaced services over 1,000 CFH meter capacity be operable by first responders other than utility employees. Comments pointed out that PHMSA’s own “Pipeline Emergencies” firefighter training materials as well as most utility policies prohibit anyone but utility employees from operating underground valves. APGA’s comments also urged PHMSA to reaffirm its long-standing interpretation that valves on service lines are not valves required in an emergency that must be annually inspected and maintained under 49 CFR 192.747. Over the next few months, PHMSA will consider comments received on the proposed rule before issuing a final rule sometime in 2016. APGA urged PHMSA to delay the effective date for EFV installation and notification for at least six months after the date the final rule is published to allow operators time to modify procedures and train employees to comply with the rule. For questions on this article, please contact John Erickson of APGA staff by phone at 202-464-2742 or by email at jerickson@apga.org.

#APGACommentsandMotions #PHMSA #ExcessFlowValve #EFV

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APGA comments on the 7-15-15 EFV NOPR.pdf   306 KB   1 version
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APGA Comments on Proposed Excess Flow Valve Rule

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