December 2007
 Golden Shovel Award to be presented at the Central Oregon \ R.E.L.U.
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July 2006
Oregon Utility Notification Center
Chapter 952
Rule Caption: Updates and clarifies definitions and rules regarding utility locate requests and markings.
Date: Time: Location:
8-8-06 9:30 a.m. Public Utility Commission
Small Hearing Rm., 2nd Flr.
550 Capitol St. NE
Salem, OR
Hearing Officer: Allan Arlow
Stat. Auth.: ORS 183 & 757, Sect. 105 & 8, Ch. 691 OL 1995
Stats. Implemented: ORS 757.542 & 757.552
Proposed Amendments: 952-001-0010, 952-001-0050, 952-001-0070
Last Date for Comment: 8-8-06, 5 p.m.
Summary: This rulemaking updates and clarifies the definitions used in the Utility Notification Center Administrative Rules. The amendments also clarify and update the rules regarding excavators giving notice of proposed work and the marking of underground facilities.
Rules Coordinator: Diane Davis
Address: Oregon Utility Notification Center, 550 Capitol St. NE, Suite 215, Salem, OR 97301-2551
Telephone: (503) 378-4372
Notice of Proposed Rulemaking Hearing
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March
3, 2003
ERROR
IN THE LAW- OPUC and Department of Justice Issue Administrative Ruling
Clarifying Agricultural Exemption
During the current Energy Facility Siting Council hearings on the Application
for a Site License for the South Mist Pipeline Extension Project, there
has been some confusion regarding the Oregon excavation laws as they
relate to agricultural practices. There is an error in the current excavation
law that is responsible for the confusion, and this letter is being
provided to explain and clarify the problem and resolve the issue.
The original
1987 excavation law specified that a request for locates must be made
two business days prior to any excavation activities. However, that
law provided an exemption for agricultural tilling, as defined in the
Department of Agriculture statute, ORS 215.203(2). The law also limited
the exemption to a working depth of 18 inches. In other words, the farmer
was not required to request locates if plowing, disking, etc. did not
exceed 18 inches, but if any work would exceed 18 inches, then a request
for locates was required. The 18-inch exclusion depth is nearly a universal
specification in the United States.
When the
current excavation law was written in 1995, the agricultural exemption
was carried forward into the new law, with one difference. The Legislative
Committee decided to drop the 18-inch specification because if the Agriculture
Department ever changed the tilling depth definition, we would have
to go into rule-making hearings to conform our rules. By simply deferring
the specifics to their statutes, we would not have to change our rules.
The problem
surfaced a few months ago when it was discovered that the Department
of Agriculture statute, referenced in the excavation laws, is non-existent
as related to the definition of tilling. There is no clear explanation
of what happened, but it is clear that the original error was brought
into the current law.
However,
the resolution of this issue is clear. The PUC and the DOJ will interpret
and enforce the 18-inch exemption, as it was clearly the spirit and
intent of the law to provide that exemption for farmers. Otherwise,
farmers would now be required to request locates for any work exceeding
12 inches. That would be burdensome and unrealistic for the farming
community. Therefore, it is our intent to retain the 18-inch exemption
until such time that Administrative Rules Hearings are held to formally
specify the exemption.
The excavation
laws are designed to protect the public and all buried facilities, not
just pipelines. There are a large number of facilities buried throughout
Oregon, and many of these facilities are not buried as deep as gas pipelines
and that is the primary reason that the exemption is limited to 18 inches.
For normal
tilling operations of less than 18 inches, the excavation laws do not
require farmers to request locates. However, when a request for locates
is required, there is absolutely no cost involved; the phone call to
the one-call center is toll-free and there is no charge for the locate
markings. The only “burden” is that advance planning is needed because
there is a two-business day waiting period before excavation can begin.
The waiting period is necessary to allow the facility operators time
to locate their facilities and provide the markings.
I trust
this clarifies the situation and provides stability to the Oregon excavation
laws. If you have any questions, or wish to discuss any of these issues
further, please feel free to contact me.
Jack P.
Dent
Chief, Pipeline Safety
503-378-6760
jack.dent@state.or.us
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Thursday,
March 13, 2003
Oregon
Utility Notification Center
1415 SE Ankeny St.
Portland, OR 97214
503-232-1987
For Immediate
Release
Contacts:
Jack Dent,
Chief, Pipeline Safety, Oregon Public Utility Commission
(503) 378-6760; jack.dent@state.or.us
Gary Hyatt,
Chair, OUNC Publicity & Education Committee
(503) 585-6611 x 8166; gfh@nwnatural.com
Do
you know Where Your Pipes Are?
Utility experts warn of underground hazards
PORTLAND,
OREGON - Homeowners and excavators are advised to dig responsibly by
calling the state's One-Call number to have underground lines marked
with color-coded paint. The Oregon Utility Notification Center's (OUNC)
toll free number is 1-800-332-2344. This is a free service provided
by utilities statewide.
Buried
beneath your feet lies a complex web of electric, natural gas, oil,
fiber-optic, telephone, cable-television, water and sewer lines. One
wrong move might cause hundreds or thousands of residents to be cut
off from heat, electricity, telephones, 911 calls, and other vital services.
When you make the call, the One-Call Center notifies affected facility
operators. With the ground marked in your work area, you have taken
the first step to avoid damage or injury.
"Many
people are surprised to learn calling for locates is not just a good
idea - it's also the law," says Jack P. Dent, Chief, Pipeline Safety,
Oregon Public Utility Commission. By Oregon law, everyone planning an
excavation project must call the toll free number and wait for the lines
to be marked. Failure to make the call subjects the excavator to liability
for accidents and potentially, fines.
Homeowners
and contractors using power equipment subject themselves to tremendous
liability and risk if they fail to make the call and follow the rules.
"By
the time you realize you've hit something, it's too late to prevent
damage. Even a shovel can cause a surprising amount of damage,"
says Dent.
Whether
you're planting flowers, putting in a sprinkler system or building a
new deck, there are four important steps to Dig Safely.
The first
step is to call the Oregon One-Call Center at least two business days
before beginning your digging project. The toll-free number is 1-800-332-2344.
The One-Call center will notify the facility operators, who will then
take care of marking the property for underground utilities. The second
step is to wait for the lines to be marked with color-coded paint. The
third step is to respect the marks, and the final step is to dig with
care.
For more
information, call the Oregon Utility Notification Center at (503) 232-1987.
Now the Oregon Utility Notification Center's has information on-line
at www.digsafelyoregon.com. Remember, safe digging begins by calling
1-800-332-2344. Call before you dig and keep yourself safe.
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Counterpoint
- Northwest Natural Pipeline Siting: Public Right-of-Way Versus Exclusive
Farm Use Land
Jack
P. Dent
Chief, Pipeline Safety
Oregon Public Utility Commission
Northwest
Natural's (NWN) request for a site license for the proposed pipeline
route from Mist to Molalla has stirred up a recurring controversy. Larry
Briggs detailed the controversy in the Oregonian on May 16th. The issue
is whether the proposed pipeline should be placed in the public right-of-way
or in land zoned as Exclusive Farm Use (EFU).
The Oregon
Public Utility Commission (OPUC) has jurisdiction over the design, construction,
testing, operation & maintenance and emergency response activities
for all intrastate natural gas pipelines in Oregon, but it does not
have authority over the siting of these pipelines. That is the responsibility
of the Energy Facility Siting Council (EFSC).
Siting
pipelines in the public right-of-way along streets and roads raises
safety issues. Many cities and counties require that all utility lines
be installed underground. There is a finite amount of public right-of-way
available for the utilities, and we are simply running out of room.
The rights-of-way are becoming a bewildering jumble of active-service
cables, pipes, and conduits as well as abandoned facilities. Pipelines
in this chaotic real estate explain why excavation damage is the leading
cause of pipeline failures. The right-of-way should be the site of last
resort rather than the first. However, trying to find a contiguous 50-mile
corridor of EFU farmland is clearly out of reach, and putting the pipeline
into a public right-of-way in limited areas is inescapable. Northwest
Natural has obtained private easements wherever possible in an effort
to avoid the public right-of-way. EFSC becomes involved when a private
easement cannot be obtained from a willing landowner, and NWN must clearly
demonstrate that using the public right-of-way presents an unreasonable
risk. Putting the pipeline in the right-of-way does not make the pipeline
inherently hazardous; it just means that the pipeline is at a higher
risk than if it was in EFU.
I would
prefer that pipelines be installed in less densely populated areas for
obvious reasons, but I don't believe that a pipeline should be prohibited
in areas that are "targeted" for growth. The problem that
I see is in basing a decision today on something that may or may not
happen in the future. If the pipeline is built before the high-density
growth occurs, then I believe that it is incumbent upon the planning
commissions to prevent encroachment on the pipeline, and to enforce
the pipeline easement boundaries.
EFSC has
an enormously difficult task in balancing everyone's interests, but
in the final analysis a decision must be made as to where to site a
pipeline. The final decision will probably not please all parties, but
the EFSC will make its decision based on the laws of this state and
the facts, as EFSC members see them.
All types
of pipelines (gas and liquid) have been constructed in farmland for
decades, and there are compelling reasons why. Farmland is viewed as
a true resource that must be protected from development or conversion
to other types of land uses. That EFU land is rarely rezoned provides
protection for the pipelines from the leading cause of pipeline failures:
excavation damage. Conversely, the existence of a utility easement running
through farmland makes that land less attractive to developers, which
then helps protect the status of our EFU lands. Despite comments to
the contrary, pipelines do not affect crop productivity (excluding certain
tree crops) if the soils are replaced properly as required by the site
license.
To combat
the risk associated with excavation damage, the 1995 Oregon Legislature
created the Oregon Utility Notification Center (OUNC) commonly known
as the "Call Before You Dig" center. Oregon law requires that
all operators of buried facilities must register their facilities with
the OUNC and that all excavators call the OUNC (800-332-2344) two business
days before digging. Using a digitized mapping system, the Center can
determine what buried facilities are present at the excavation site
and notify the affected operators of the impending excavation. This
waiting period allows the operators to get to the proposed excavation
site and accurately mark their facilities so the excavator is aware
that there are buried facilities in the area of the excavation. The
OPUC is charged with enforcing violations of the excavation laws through
civil penalties. For additional information about this important Center,
visit our Web site at www.DigSafelyOregon.com.
Siting
pipelines is a difficult job, where public safety must be weighed against
the rights and convenience of landowners. Oregon's Energy Facility Siting
Council conducts the balancing process where those decisions are made,
and all interested citizens are encouraged to make their viewpoints
known to EFSC, so that their decisions can be the best possible for
all Oregonians.
This
article appeared in the editorial section of the Oregonian newspaper.
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Wednesday,
April 24, 2002
Oregon
Utility Notification Center
1415 SE Ankeny St.
Portland, OR 97214
503-232-1987
For Release,
Wednesday, April 24, 2002
Contacts:
Jack Dent,
Chief, Pipeline Safety, Oregon Public Utility Commission
(503) 378-6760; jack.dent@state.or.us
Gary Hyatt,
Chair, OUNC Publicity & Education Committee
(503) 585-6611 x 8166; gfh@nwnatural.com
June
is 'Dig Safely' Month in Oregon
Governor
proclaims it's everyone's responsibility to dig safely
SALEM,
OREGON - Homeowners, contractors and excavators are reminded of Oregon's
excavation laws during the month of June. Proclaimed "Dig Safely
Month" by Governor John A. Kitzhaber, June is a month with a notable
increase in excavation work around the state.
In a typical
neighborhood, a complex web of utility lines lie buried under lawns,
sidewalks and driveways. When digging, one wrong move might cause hundreds
or thousands of residents to be cut off from heat, electricity, telephones,
water, 911 calls, and other vital services. When you make the free call
to the One-Call Center, they notify utilities to mark the ground with
color-coded paint. After the utilities are marked in your work area,
you have taken the first step to avoid damage or injury.
Calling before you dig and digging safely not only prevents damage,
but is also the law! Oregon state law requires homeowners, contractors
and excavators to contact the One-Call Center at least two business
days before digging. "Taking care where you dig with a shovel or
backhoe can not only prevent damage to underground utilities, but the
potential loss of life as well," says Gary Hyatt, Volunteer for
the OUNC. Hyatt is the chair of OUNC's Publicity and Education Committee.
"The Governor's proclamation is testimony to the importance of
safe digging," notes Hyatt.
These four
appropriate steps ensure an excavation project is free of preventable
damage:
- The
first step is to call the Oregon One-Call Center at least two business
days before beginning your digging project. The toll-free number is
1-800-332-2344. A One-Call representative will notify the facility
operators, who mark the property for underground utilities with color-coded
paint;
- The
second step is to wait for the lines to be marked with color-coded
paint;
- The
third step is to respect the marks, and;
- The
final step is to dig with care.
The "Dig
Safely" campaign is the centerpiece of the Oregon Utility Notification
Center's (OUNC) efforts to increase public awareness of Oregon excavation
laws and safe digging practices. The Oregon Utility Notification Center
and the laws that it addresses were developed in 1995.
For more
information, visit the Oregon Utility Notification Center on-line at www.digsafelyoregon.com.
Remember,
safe digging begins by calling 1-800-332-2344. Call before you dig to
keep yourself and vital services safe.
Look
for More information on Dig Safely Month activities soon!
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Wednesday,
February 27, 2002
For Immediate Release
Contact: Jack P. Dent, (503) 378-6760
Rules Affect Abandoned Utility Lines
Marking
abandoned underground lines prevents construction delays and accidents
SALEM,
OREGON - New rules concerning abandoned service lines go into affect
on April 1, 2002. The rules will require utility companies, municipalities
and other "facility operators" of underground pipelines, service
lines, cables, and conduits to mark those lines and to keep records
of lines that are declared to be abandoned. The rules were recently
adopted by the Oregon Utility Notification Center (OUNC) Board of Directors.
Removing
unused underground lines is costly and in itself can lead to excavation
accidents, so facility operators often abandon the line, leaving it
buried and unmarked. According to Jack P. Dent, Chief of Pipeline Safety
for the Oregon Public Utility Commission, this practice has caused problems.
"If an abandoned line is in the immediate proximity of an in-service
line an excavator may not be able to tell which one is in-service. If
they don't know that there are actually two lines - one abandoned and
one live - their false sense of security can get them into big trouble,"
says Dent.
The new
rules under OAR 952-001-0100 require facility operators to mark abandoned
facilities at excavation sites. However, the operator is not required
to mark the facility as an abandoned facility - the law only requires
that the abandoned facility be marked. Abandoned facilities may serve
a useful purpose in the future for use as conduits for new facilities,
for example, and marking them as abandoned may give excavators the impression
that damaging the facility is acceptable. What is important is that
the facilities be marked. If an operator does not wish to mark a facility
as abandoned, then the facility is marked and treated as an in-service
(live) facility.
Starting
April 1, anyone involved in excavation, including contractors and homeowners,
should be aware of the abandoned lines marking procedures. According
to the rules, an abandoned facility must be identified with a circle
around a capital letter "A" in the same color of paint designated
for that type of facility. For example, an abandoned electric line will
be marked in red paint with a circled "A" on it.
In addition,
the rules require operators to keep records that declare lines to be
either "Out-of-Service" or "Abandoned" when they
have reached the end of their useful life. An "abandoned facility"
means an underground facility that is no longer in service and is physically
disconnected from the operating facility that is in service. An "out-of-service"
facility is one that has not been declared as permanently abandoned
and may still be connected to a portion of an operating facility.
The abandoned
line rules provide for an exemption for service lines - telephone, cable
TV, or electric lines - that are located between the facility operator's
system and customer's point of service. Just because lines are abandoned
does not mean they should be treated poorly. "If abandoned lines
are encountered they should be treated with the same level of care as
live lines. Often, abandoned lines are put back into service as conduits
for cable and fiber optic lines," says Jack Dent.
For more
information, call the Oregon Public Utility Commission at 503-378-6760
or The Oregon Utility Notification center at 503-232-1987.
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