BPU Docket Number: AX08090838; Proposal Number: PRN 2008-411

The New Jersey Board of Public Utilities (Board) is proposing amendments, repeal and new rules to its One-Call Damage Prevention System rules, N.J.A.C. 14:2. These rules implement the Underground Facility Protection Act, N.J.S.A. 48:2-73 et seq., which requires the Board to establish and maintain a program for the protection of underground facilities used for the conveyance of water, forced sewage, telecommunications, cable television, electricity, oil, petroleum products, gas, optical signals, traffic control or for the transportation of a hazardous liquid subject to the Federal Hazardous Liquid Pipeline Safety Act of 1979. This notice of proposal is intended to correct and clarify provisions relating to excavations for pest management purposes, to increase penalties for violations relating to natural gas and hazardous liquid facilities and to streamline the One-Call program enforcement procedures consistent with the enforcement procedures in the Board's natural gas pipeline rules.

The proposed amendments and new rules include extensive changes to the Board's procedures for handling violations of the One-Call rules. These proposed procedures will match those proposed for use under the Board's natural gas pipeline safety rules at N.J.A.C. 14:7-2. See 40 N.J.R. 4915(a). The proposed amendments and new rules add a great deal of detail regarding enforcement procedures. However, most of this added detail merely describes the Board's existing procedures. Under the existing penalty system, Board staff first issues a notice of probable violation (NOPV). If the alleged violator does not respond within the deadline in the NOPV, the Board may then issue an administrative order and/or assess a penalty. Only after this second Board action becomes final does the penalty become due and owing. This system requires Board staff to obtain Board approval twice for the same penalty for the same violation. Under the proposed changes, Board staff need seek Board approval only once. The amendments provide for the Board to assess a penalty through a staff-issued NOPV, which ultimately must be approved by the Board; or through a Board-issued administrative order and notice of civil administrative penalty assessment. Although the procedure is streamlined, in all cases the Board must approve the assessment of the penalty and the penalty amount.

The enforcement provisions proposed herein accomplish two goals. First, they streamline and systematize the Board's penalty and enforcement procedures, consistent with the enforcement procedures in the Board's natural gas pipeline safety rules at N.J.A.C. 14:7-2. Second, these proposed amendments and new rules implement recent statutory amendments that increase the penalties for violations of the One-Call rules that relate to underground facilities carrying natural gas or hazardous liquids.

Comments may be submitted through February 13, 2009, to rule.comments@bpu.state.nj.us (use Microsoft WORD or compatible format).

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