Florida Public Service Commission native order document 00291-2023

FILED 1/18/2023
DOCUMENT NO. 00291-2023
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Proposed amendment of Rule 25-12.005,
F.A.C., Codes and Standards Adopted.
DOCKET NO. 20220 18 2-GU
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ORDER NO. PSC-2023-005 6-NOR-GU
ISSUED: January 18 , 2023
The following Commissioners participated in the disposition of this matter:
BY THE COMMISSION:
ANDREW GILES FAY, Chairman
ARTGRAHAM
GARY F. CLARK
MIKE LAROSA
GABRIELLA PASSIDOMO
NOTICE OF RULEMAKING
NOTICE is hereby given that the Florida Public Service Commission, pursuant to Section
120.54, Florida Statutes, has proposed the amendment of Rule 25-12.005, F.A.C., relating to
safety standa rds and reporting requirements for pipeline facilities and transportation of natural
gas.
The attached Notice of Proposed Rule appeared in the January 18 , 2023, edition of the
Florida Administrative Register.
If timely requested, a hearing will be held at a time and place to be announced in a future
notice.
Requests for hearing on the proposed rule, information regarding the statement of
estimated regulatory costs, and proposals for a lower cost regulatory alternative must be provided
in writing and received by the Office of Commission Clerk, Florida Public Service Commission,
2540 Shumard Oak Blvd., Tallahassee, FL 32399-0862, no later than February 8, 2023 .

ORDER NO. PSC-2023-0056-NOR-GU
DOCKET NO. 20220182-GU
PAGE2
By ORDER of the Florida Public Service Commission thi s 18th day of January, 2023.
JHR
Commission
Florida Publ ic Service Commission
2540 Shumard Oak Boulevard
Tal lahassee, Florida 32399
(850) 41 3-6770
www.tloridapsc.com
Copies furni shed: 	A copy of thi s document is
provided to the parties of record at the time of
iss uance and, if applicable, interested perso ns .

ORDER NO. PSC-2023-0056-NOR-GU
DOCKET NO. 20220182-GU
PAGE 3 	ATTACHMENT A
Notice of Proposed Rule
PUBLIC SERVICE COMMISSION
RULE NO.: 	RULE TITLE:
25-12.005 	Codes and Standards Adopted
PURPOSE AND EFFECT: To incorporate by reference the 2021 edition of 49 C.F.R. Parts 191, 192, and 199.
Docket No. 20220182-GU
SUMMARY: This rule incorporates and implements the minimum federal safety standards and reporting
requirements for pipeline facilities and transportation of natural gas.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE
RATIFICATION: The agency has determined that this will not have an adverse impact on small business or likely
increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the
implementation of the rule. A SERC has been prepared by the agency. The SERC examined the factors required by
Section 120.541(2), F.S., and concluded that the rule amendment will not have an adverse impact on economic
growth, business competitiveness, or small business.
The agency has determined that the proposed rule is not expected to require legislative ratification based on the
statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and
described herein: based upon the information contained in the SERC.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a
proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 368.03, 368.05(2), 350.127(2), F.S.
LAW IMPLEMENTED: 368.03, 368.05, F.S.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED
AND ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jon Rubottom, Office of
General Counsel, 2540 Shumard Oak Blvd., Tallahassee, FL 32399-0850, (850)413-6191, jrubotto@psc.state.fl.us.
THE FULL TEXT OF THE PROPOSED RULE IS: [TYPE AND STRIKE VERSION]
25-12.005 Codes and Standards Adopted.
The reporting requirements for operators of natural gas pipeline facilities and transportation of gas prescribed
by the Pipeline and Hazardous Materials Safety Administration in 49 C.F.R. Part 191 (October 1, 2021 2018), are is
adopted and incorporated by reference as part of these rules and may be accessed at [new hyperlink]
http://www.flrules.org/Gateway/reference.asp?No=Ref-10790. The mMinimum fFederal sSafety sStandards for
natural gas pipeline facilities and the transportation of natural gas prescribed by the Pipeline and Hazardous
Materials Safety Administration in 49 C.F.R. Part 192 (October 1, 2021) Sections 192.121, 192.123, 192.143,
192.145, 192.149, 192.191, 192.204, 192.281, 192.283, 192.285, 192.3, 192.313, 192.321, 192.329, 192.367,
192.375, 192.376, 192.455, 192.513, 192.59, 192.720, 192.756, of 49 C.F.R. 192, as amended by 83 Federal
Register 58716, November 20, 2018, are adopted and incorporated by reference as part of these rules and may be
accessed at [new hyperlink] http://www.flrules.org/Gateway/reference.asp?No=Ref-10792. The remaining sections
of 49 C.F.R. 192, as of October 1, 2018, are adopted and incorporated by reference as part of these rules and may be
accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-10794. 49 C.F.R. 199 (October 1, 2018), “Drug
and Alcohol Testing,” is adopted and incorporated by reference to control drug use, by setting standards and
requirements to apply to the testing and use of all emergency response personnel under the direct authority or
control of a gas utility or pipeline operator, as well as all employees directly or indirectly employed by gas pipeline
operators for the purpose of operation and maintenance and all employees directly or indirectly employed by
intrastate gas distribution utilities for onsite construction of natural gas transporting pipeline facilities. The drug and
alcohol testing requirements prescribed by the Pipeline and Hazardous Materials Safety Administration in 49 C.F.R.
Part 199 (October 1, 2021 2018) are adopted and incorporated by reference as part of these rules and may be
accessed at [new hyperlink] http://www.flrules.org/Gateway/reference.asp?No=Ref-10791. Part 199 also is adopted

ORDER NO. PSC-2023-0056-NOR-GU
DOCKET NO. 20220182-GU
PAGE 4 	ATTACHMENT A
to prescribe standards for use of employees who do not meet the requirements of the regulations.
Rulemaking Authority 368.03, 368.05(2), 350.127(2) FS. Law Implemented 368.03, 368.05 FS. History–New 11-14-
70, Amended 9-24-71, 9-21-74, 10-7-75, 11-30-82, 10-2-84, Formerly 25-12.05, Amended 8-8-89, 1-7-92, 5-13-99,
4-26-01, 12-15-09, 10-11-12, 3-2-17, 7-10-19, 	.
NAME OF PERSON ORIGINATING PROPOSED RULE: Robert Graves
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Public Service Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 10, 2023.
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: Volume 48, Number 162,
August 19, 2022.