RULES AND REGULATIONS
Title 52--PUBLIC UTILITIES
PENNSYLVANIA PUBLIC UTILITY COMMISSION
[52 PA. CODE CH. 59]
[27 Pa.B. 3215] [L-00960116]
Meter Tests The Pennsylvania Public Utility Commission (Commission) adopted a final rulemaking to modify regulation of gas meter tests under petitions filed by the Pennsylvania Gas Association. The proposed amendments correct a typographical error in the present regulations, increase by 4 years the time between tests of residential gas meters and allow for two alternative testing methods. The two new methods will permit a regulated gas utility to choose to adopt a program of random testing based on a statistical sampling or a variable interval model. The contact person is Rhonda L. Daviston, Assistant Counsel, Law Bureau, (717) 787-6166.
Public Meeting held
February 6, 1997Commissioners present: John M. Quain, Chairperson; Lisa Crutchfield, Vice Chairperson; John Hanger; David W. Rolka; Robert K. Bloom
Final Rulemaking Order This matter is before the Commission at the initiation of the Pennsylvania Gas Association (PGA). The PGA filed several petitions with the Commission seeking modification of the regulations governing meter tests, 52 Pa. Code § 59.21. Under those petitions, the Commission promulgated a proposed rulemaking by order entered April 2, 1996. Comments were submitted by the PGA and the Independent Regulatory Review Commission (IRRC).
After reviewing the IRRC comments, Commission staff met with representatives of the PGA and IRRC. These meetings were most helpful in drafting modifications to the gas meter testing regulations. The following rulemaking has extensive reworking of the regulation in order to give the section greater clarity. In addition, the new and improved § 59.21 required that the definition section be revised to accommodate the changes.
The first modification, 52 Pa. Code § 59.21(b) and (c), adds the term ''class'' before each designation as a means to clearly identify each class of gas meter. In addition, the Commission made minor revisions in the language in subsection (c) for the purpose of removing archaic language.
The same rationale is behind the modification of terms used to define the testing years. ''preceding year'' was changed to ''first immediately preceding year''; ''next preceding year'' converted to ''second immediately preceding year''; and ''second preceding year'' became ''third immediately preceding year.'' The terms were changed to more accurately reflect the time periods that are being defined. These are terms of art that have led to much confusion. These changes were in response to IRRC's comment # 4 that the entire schedule was confusing. The Commission agrees and has amended this section, as well as § 59.1, to eliminate the confusion.
Based on the same comment, we also added the ''Less than'' to the headings Fast Meter and Slow Meter Ratio. This change gives the table more clarity.
Paragraph (4) was added to accommodate the new statistical and variable interval testing programs. This paragraph clearly states the intention that one and only one testing program be used in any given year. The purpose of this paragraph and its concomitant paragraphs under statistical and variable interval sampling paragraphs, in § 59.21(d)(6) and (e)(7) respectively, is to prevent a utility from jumping between testing programs.
As stated in our Proposed Rulemaking Order, the residential gas meter extended testing schedule will be lengthened by 4 years. This additional 4 years allows a reduction in the utility's economic outlay without compromising safety for the public or utility customer. The change made in the Class B schedule, 6 to 7 years, was done to correct an earlier typographical error.
The new programs proposed under this rulemaking underwent extensive rewriting. There are no substantive changes, but rather, the language was changed to more accurately state the testing models envisioned by the gas industry and Commission staff.
The cooperation extended by the representatives of the PGA and IRRC was very helpful in writing the new regulations. The Commission wishes to extend its sincere appreciation to those who worked to develop what it believes is a clear and effective gas meter testing regulation.
Accordingly, under section 501 of the Pennsylvania Public Utility Code, 66 Pa.C.S. § 501, sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and regulations promulgated thereunder at 1 Pa. Code §§ 7.1 and 7.2, the Commission amends its regulations at 52 Pa. Code §§ 59.1 and 59.21 to read as set forth in Annex A; Therefore,
It Is Ordered:
1. That the regulations of the Pennsylvania Public Utility Commission, 52 Pa. Code Chapter 59, are amended by amending §§ 59.1 and 59.21 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
2. That the Secretary shall submit a copy of this order and Annex A to the Office of Attorney General for review as to form and legality and to the Governor's Budget Office for review of fiscal impact.
3. That the Secretary shall submit this order and Annex A for review by the designated standing Committees of both Houses of the General Assembly, and for formal review and approval by the Independent Regulatory Review Commission.
4. That the Secretary shall duly certify this order and Annex A and deposit them with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
5. That these amendments are effective August 4, 1997.
6. The PGA shall be served a copy of this order.
By the Commission,
JOHN G. ALFORD,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 27 Pa.B. 2790 (June 7, 1997).)
Fiscal Note: Fiscal Note 57-172 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 52. PUBLIC UTILITIES
PART I. PUBLIC UTILITY COMMISSION
Subpart C. FIXED UTILITY SERVICES
CHAPTER 59. GAS SERVICE
GENERAL PROVISIONS § 59.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * First immediately preceding year--The calendar year immediately preceding the testing year.
* * * * * Second immediately preceding year--The calendar year immediately preceding the first immediately preceding year.
* * * * * Testing year--The calendar year for which a public utility seeks to apply an extended test schedule.
Third immediately preceding year--The calendar year immediately preceding the second immediately preceding year.
* * * * * § 59.21. Meter tests.
* * * * * (b) Standard test schedule for Class A, Class B and Class C Meters. Unless otherwise provided by this section, each public utility shall make and record tests of Class A, Class B and Class C meters on the following schedule:
Test Period Class (Years) A 8 B 5 C 2 (c) Extended test schedule for Class A, Class B or Class C meters. A public utility may depart from the requirements of subsection (b) for Class A, Class B or Class C meters in a testing year, and instead make and record tests using one of the test periods prescribed in paragraph (5), if the following requirements are met:
(1) At the end of the first immediately preceding year, not less than 98% of the meters of that class in service had been removed within whichever is the greater of 2 years plus the test period prescribed therefor in subsection (b), or the test year permitted for that class of meter for that year by paragraph (5); and, as to a meter of that class not so removed, the premises where it was located were visited and a written notice requesting an appointment for meter change was either left at the premises or posted to the mailing address of the customer as it appears in the public utility's files. Meters removed under this paragraph shall be tested and included in the calculations under paragraph (2) unless a meter was permanently retired from service or damaged by factors other than normal age or wear such as tampering or damage beyond the control of the public utility.
(2) The slow meter ratios and fast meter ratios of the meter class for the second immediately preceding year and the third immediately preceding year fall below the maximum percentages prescribed in paragraph (5). Any conflict between the test periods prescribed in paragraph (5) shall be resolved by using the shortest applicable test period.
(3) On or before March 1 of each testing year, the public utility submits to the Commission a report showing both in absolute numbers and in percentages the facts prescribed in paragraphs (1) and (2).
(4) For each year in which a public utility uses the extended test schedule in this subsection, the public utility may not remove or test any meters of the same class using the statistical sampling program in subsection (d) or the variable interval program in subsection (e).
(5) Subject to the qualifications prescribed in paragraphs (1)--(4), a public utility may make and record tests of Class A, Class B or Class C meters on the following schedule:
Test Results from Test Results from Testing Second Immediately Third Immediately Year's Preceding Year Preceding Permitted Year Test Pe riod (Years) CLASS A METERS Slow Meter Fast Meter Slow Meter Fast Meter Ratio Ratio
Ratio
Ratio Less Less Less Less Than (%) Than (%) Than (%) Than (%) 10 10 12 12 14 8 8 10 10 16 6 6 8 8 18 4 4 6 6 20 CLASS B METERS Slow Fast Slow Fast Meter Meter Meter Meter Ratio Ratio Ratio Ratio Less Less Less Less Than (%) Than (%) Than (%) Than (%) 10 10 12 12 6 8 8 10 10 7 6 6 8 8 8 4 4 6 6 10 CLASS C METERS Slow Fast Slow Fast Meter Meter Meter Meter Ratio Ratio Ratio Ratio Less Less Less Less Than (%) Than (%) Than (%) Than (%) 8 8 10 10 3 6 6 8 8 4 4 4 6 6 5 (d) Statistical sampling for Class A, Class B or Class C meters. A public utility may depart from the requirements of subsection (b) for Class A, Class B or Class C meters, and instead make and record tests of Class A, Class B or Class C meters under a statistical sampling program, if the following requirements are met:
(1) Meters shall be divided into groups in accordance with ANSI Spec, B109.1 Part IV Sec. 4.3.2.1 or its successor. A detailed description of the composition of each group of meters, such as year set, manufacturer, case type and diaphragm material, shall be provided in the annual report to the Commission.
(2) Sufficient meters shall be tested annually to insure a 90% confidence level that the meter groups are performing within accuracy limits.
(3) For a group to remain in service, at least 80% of the meters in the sample test shall meet the accuracy limits of 98% average accuracy (2% slow) and 102% average accuracy (2% fast). If a group of meters does not meet the performance standards, corrective action shall be taken. The corrective action may consist of removing the entire group from service within 4 years or, if the group consists of one or more subgroups, implementing a selective meter removal program to improve the accuracy of the group to within acceptable limits. The selective removal program may be as follows:
(i) If test results indicate one or more subgroups do not meet the performance standards, the subgroup shall be identified and removed within 4 years.
(ii) Once identified as a group or subgroup not meeting the performance standards and during the removal process, that group or subgroup shall be removed from the sampling plan.
(4) The statistical sampling schedule shall be in accordance with the provisions of ANSI Spec. B109.1 Part IV Sec. 4.3.2.1 or its successor.
(5) A utility electing the statistical sampling program shall remain on that program for at least 4 years.
(6) For each year in which a public utility uses the statistical sampling approach in this subsection, the public utility may not remove or test any meters of the same class using the extended test schedules in subsection (c) or the variable interval program in subsection (e).
(e) Variable interval testing for Class A, Class B or Class C meters. A public utility may depart from the requirements of subsection (b) for Class A, Class B or Class C meters, and instead make and record tests of the Class A, Class B or Class C meters under a variable interval program, if the following requirements are met:
(1) Meters shall be divided into groups in accordance with ANSI B109.1 Part IV Sec. 4.3.2.2 or its successor. A detailed description of the composition of each group of meters, such as year set, manufacturer, case type and diaphragm material, shall be provided in the annual report to the Commission.
(2) The number of meters to be removed in any year will be determined from the test results of the second immediately preceding year's incoming meters. Meters removed under this paragraph shall be tested and included in the calculations under paragraph (3) unless a meter was damaged by factors other than normal age or wear such as tampering or damage beyond the control of the utility.
(3) Except as provided in paragraphs (4) and (5), the ratio (r) of the number of meters in a test group to be removed to those in service in that test group shall be determined by the formula (r = .02 + .3d) where (d) is the ratio of meters which have an average accuracy of less than 98% or more than 102% as reported to the nearest 1/2%, to the total number of meters tested in the group during the second immediately preceding year.
(4) Meters removed in a test group in excess of the ratio (r) as described in paragraph (3) shall be credited towards the ratio (r) for a better performing test group.
(5) A utility may petition the Commission for an Accelerated Retirement Program (ARP) for a specific meter type that the utility may desire to purge from its system. Meters removed in an ARP in excess of the ratio (r) as described in paragraph (3) may be credited towards the ratio (r) for any other test group regardless of performance.
(6) A utility electing the variable interval plan shall remain on that plan for at least 4 years.
(7) For each year in which a public utility uses the variable interval approach in this subsection, the public utility may not remove or test any meters of the same class using the extended test schedules in subsection (c) or the statistical sampling program in subsection (d).
(f) ***
(g) ***
(h) ***
(i) ***
(j) ***
(k) ***
(l) ***
(m) ***
(n) ***
(o) ***
[Pa.B. Doc. No. 97-1077. Filed for public inspection July 3, 1997, 9:00 a.m.]
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