TITLE 20. PUBLIC UTILITIES AND TELECOMMUNICATIONS

STATE CORPORATION COMMISSION

Proposed Regulation

Title of Regulation: 20VAC5-309. Rules for Enforcement of the Underground Utility Damage Prevention Act (amending 20VAC5-309-190).

Statutory Authority: §§ 12.1-13 and 56-265.30 of the Code of Virginia.

Public Hearing Information: A public hearing will be held upon request.

Public Comment Deadline: August 19, 2024.

Agency Contact: William Henry Harrison IV, Senior Counsel, Office of General Counsel, Public Utility Regulation, State Corporation Commission P.O. Box 1197, Richmond, VA 23218, telephone (804) 371-9228, or email william.harrison@scc.virginia.gov.

Summary:

The proposed amendments enable the implementation of new electronic white lining technology, which will assist in defining planned areas of excavation for the further prevention of damage to underground utility lines.

AT RICHMOND, APRIL 23, 2024

COMMONWEALTH OF VIRGINIA, ex rel.

CASE NO. URS-2024-00068

STATE CORPORATION COMMISSION

Ex Parte: In the matter concerning a

rulemaking proceeding to revise the Commission's Rules

for Enforcement of the Virginia Underground Utility Damage

Prevention Act, 20VAC5-309-10 et seq.

ORDER FOR NOTICE AND COMMENT

Virginia Code ("Code") § 56-265.30 directs the State Corporation Commission ("Commission") to enforce the provisions of Chapter 10.3 of Title 56, the Virginia Underground Utility Damage Prevention Act ("Act") and provides for the Commission's promulgation of rules or regulations necessary to implement the Commission's authority. The Commission's Rules for Enforcement of the Underground Utility Damage Prevention Act ("Damage Prevention Rules") are set forth in Chapter 309 of Title 20 of the Virginia Administrative Code.¹

The Commission’s Division of Utility Railroad and Safety ("Division") has proposed revisions to the Damage Prevention Rules ("Proposed Rules") to facilitate use of electronic white lining that may not involve aerial imagery and provided the following information in support. Electronic white lining is a method by which excavators may indicate their intended excavation area visually through electronic data entry. The purpose of this Rulemaking is to modify 20VAC5-309-190 ("Rule 190") to supplement the text-based description currently employed by Virginia Utility Protection Services, Inc. ("Va811").² Electronic white lining will allow excavators to provide detailed and specific visual renderings of excavation areas to Va811, and ultimately to utility operators or their locators. In this way, the Rulemaking is intended to advance safety by allowing excavators to provide a more precise excavation area which could result in more accurate and efficient utility line locates. Electronic white lining is currently contemplated in the Commission's Damage Prevention Rules;³ however, electronic white lining has not before been used in conjunction with the submission of locate requests to Va811.

The Division has advised the Commission that the Damage Prevention Advisory Committee supports the implementation of electronic white lining by Va811.

The Division also explains that the Proposed Rules clarify that in the event that electronic white lining images conflict with the text-based description provided for a proposed excavation area, the conflict will be resolved in favor of the electronic white lined image.

NOW THE COMMISSION, upon consideration of the foregoing, is of the opinion and finds that a proceeding should be established to adopt revisions to the Rules to allow for the use of electronic while lining that may not involve aerial imagery. Attachment A to this Order for Notice and Comment ("Order") contains the Division's Proposed Rules. We direct the Staff of the Commission ("Staff") to provide notice of the Proposed Rules to interested persons and that they be provided an opportunity to file written comments on, proposed modifications or supplements to, or request a hearing on the Proposed Rules. We further find that a copy of the Proposed Rules should be sent to the Registrar of Regulations for publication in the Virginia Register of Regulations.

To promote administrative efficiency and timely service of filings upon participants, the Commission will, among other things, direct the electronic filing of comments and pleadings unless they contain confidential information, and require electronic service on participants in this proceeding.

Accordingly, IT IS ORDERED THAT:

(1) This matter is docketed as Case No. URS-2024-00068.

(2) All comments, pleadings or other documents filed in this matter should be submitted electronically to the extent authorized by Rule 5VAC5-20-150, Copies and format, of the Commission's Rules of Practice and Procedure ("Rules of Practice").⁴ Confidential and Extraordinarily Sensitive Information shall not be submitted electronically and should comply with 5VAC5-20-170, Confidential information, of the Rules of Practice. Any person seeking to hand deliver and physically file or submit any pleading or other document shall contact the Clerk's Office Document Control Center at (804) 371-9838 to arrange the delivery.

(3) Pursuant to 5 VAC 5-20-140, Filing and service, of the Rules of Practice, the Commission directs that service on participants and Staff in this matter shall be accomplished by electronic means. Concerning Confidential or Extraordinarily Sensitive Information, participants and Staff are instructed to work together to agree upon the manner in which documents containing such information shall be served upon one another, to the extent practicable, in an electronically protected manner, even if such information is unable to be filed in the Office of the Clerk, so that no participant or Staff is impeded from participating in this matter.

(4) Staff shall forward an electronic copy of this Order, including a copy of the Proposed Rules, to the Registrar of Regulations for publication in the Virginia Register of Regulations.

(5) An electronic copy of the Proposed Rules may be obtained by submitting a request to William Henry Harrison IV, Esq., in the Commission's Office of General Counsel at the following email address: william.harrison@scc.virginia.gov. An electronic copy of the Proposed Rules can be found on the Commission's website: scc.virginia.gov/pages/Rulemaking. Interested persons may also download unofficial copies of the Order and the Proposed Rules from the Commission's website: scc.virginia.gov/pages/Case-Information.

(6) Staff shall provide copies of this Order by electronic transmission, or when electronic transmission is not possible, by mail, to: individuals, organizations, and companies who have been identified by Staff as potentially being interested in this proceeding.

(7) On or before August 19, 2024, any interested person may file comments or request a hearing on the Proposed Rules by following the instructions found on the Commission's website: scc.virginia.gov/casecomments/Submit-Public-Comments. Those unable, as a practical matter, to submit comments electronically, may file such comments by U.S. mail to the Clerk of the State Corporation Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia 23218-2118. All comments shall refer to Case No. URS-2024-00068. Any request for hearing shall state with specificity why the issues raised in the request for hearing cannot be adequately addressed in written comments. If a sufficient request for hearing is not received, the Commission may consider the matter and enter an order based upon the papers filed herein.

(8) On or before September 4, 2024, Staff shall file with the Clerk of the Commission a report on or a response to any comments, proposals contained therein, or requests for hearing submitted to the Commission on the Proposed Rules.

(9) All documents filed in paper form with the Office of the Clerk of the Commission in this docket may use both sides of the paper. In all other respects, except as modified by this order, all filings shall comply fully with the requirements of 5VAC5-20-150, Copies and format, of the Rules of Practice.

(10) This matter is continued.

A COPY hereof shall be sent electronically by the Clerk of the Commission to all persons on the official Service List in this matter. The Service List is available from the Clerk of the Commission.

_____________________________

20VAC5-309-190. Delineating specific location of a proposed excavation or demolition.

A. Any person, as defined in § 56-265.15 of the Code of Virginia, submitting a locate request shall clearly describe the limits of the proposed excavation or demolition with sufficient detail to enable the operators to ascertain the location of the proposed excavation. The specific location of the proposed excavation or demolition may include:

1. GPS coordinates taken at a single point where work is planned or GPS coordinates taken to delineate a line, multi-segment line, or polygon. When providing a single point, line, or multi-segment line, the person providing notice shall include an area measured in feet from the coordinates that describe the work area. If a polygon is used, the proposed work area shall be inside the polygon. GPS nomenclatures used for providing coordinates to the notification center shall be as approved by the advisory committee.

2. White lining to delineate the area where excavation will take place. For single point excavation, the area shall be marked using dots, dashes, or white flags to show the operators the area of excavation. If utility markings are desired outside a white lined area, the excavator shall provide clear instructions, to include the distance in feet outside the white lined area, to the notification center. For continuous excavations, such as trenching and boring, the excavator shall mark the center line of excavation by the use of dots or dashes. The excavation width, in feet, shall be indicated on either side of the center line in legible figures or noted in the marking instructions given to the notification center.

3. White lining performed by electronic means using aerial imagery. White lining performed by electronic means shall follow the same requirements as listed in subdivision 2 of this subsection. When submitting information to the notification center pursuant to § 56-265.17 of the Code of Virginia, any conflict between text-based descriptions of the specific location of a proposed excavation and any images depicting the specific location of a proposed excavation submitted in compliance with the notification center's electronic white lining standards shall be resolved in favor of the electronically white lined image.

4. A reference to the two nearest intersecting streets, if available, or driving directions.

B. In the event that a proposed excavation or demolition is planned at a single address at which there is no more than one structure, the area of proposed excavation or demolition may, if geographically feasible, be described by dividing the parcel or property into four quadrants from the perspective of facing the front of the property using the center of the structure as the center point of the four quadrants. If no structure exists on the property, the center of the parcel or property will be used as the center point of the four quadrants. These four quadrants shall be referred to as Front Left, Front Right, Rear Left, and Rear Right. If the proposed area consists only of Front Left and Front Right quadrants, the term "Front" shall be sufficient. If the proposed area of excavation consists only of Rear Left and Rear Right quadrants, the term "Rear" shall be sufficient. If the proposed area of excavation consists only of Front Left and Rear Left quadrants, the term "Left Side" shall be sufficient. If the proposed area of excavation consists only of Front Right and Rear Right quadrants, the term "Right Side" shall be sufficient. If the proposed area of excavation includes three out of the four quadrants, the entire property may be used for the proposed excavation or demolition.

C. If the locate request does not contain specific location information, the notification center shall suspend the issuance of the locate request until specific location information is obtained, except in the case of excavations or demolitions performed during an emergency, as defined in § 56-265.15 of the Code of Virginia. The notification center shall issue the emergency notices with as much information as is available to it.

D. The area covered under each locate request shall not exceed 1/3 of a mile. Locate requests with areas of proposed excavation located on parcels defined within the existing notification center mapping data and having one or more sides that is 1/3 of a mile or longer shall not automatically exceed the area covered by a single locate request.