Notice of Proposed Rule

PUBLIC SERVICE COMMISSION
RULE NO.: RULE TITLE:
25-7.059: Use of Meters
25-7.060: Location of Meters and Associated Appurtenances
25-7.061: Meter Testing Equipment
25-7.062: Meter Test Records
25-7.064: Periodic Meter Tests
25-7.065: Meter Test by Request
25-7.066: Meter Test - Referee
25-7.070: Sealing Meters
25-7.071: Measuring Customer Service
25-7.084: Meter Readings
PURPOSE AND EFFECT: To update and clarify the rules and to remove obsolete and unnecessary language.
Docket No. 110313-PU
SUMMARY: Rule 25-7.059 is amended to accurately describe the “pressure control” function; Rule 25-7.060 is amended to delete obsolete meter locating requirements; Rule 25-7.061 is amended to delete obsolete meter-testing technology language; Rule 25-7.062 is amended to remove obsolete language and to clarify language; Rule 25-7.064 is amended for accuracy and clarification; Rule 25-7.065 is amended to add allowable methods of test request and to add clarifying language; Rule 25-7.066 is amended to add clarifying language; Rule 25-7.070 is amended to update terminology; Rule 25-7.071 is be amended to delete unnecessary language; Rule 25-7.084 is amended to remove obsolete language and to add clarifying language.
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 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: 350.127(2), 366.05(1) FS.
LAW IMPLEMENTED: 366.03, 366.05(1), (3), (4), (5), 366.08 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kathryn G. W. Cowdery, Office of General Counsel, 2540 Shumard Oak Blvd., Tallahassee, FL 32399-0850, (850)413-6216, kcowdery@psc.state.fl.us

THE FULL TEXT OF THE PROPOSED RULE IS:

25-7.059 Use of Meters.

(1) No change.

(2) Unless otherwise authorized by the Commission, each utility shall provide and install at its own expense and shall continue to own, operate, and maintain all equipment necessary for the pressure control regulation and measurement of gas to its customers.

(3) through (4) No change.

Rulemaking Specific Authority 350.127(2), 366.05(1) FS. Law Implemented 366.05(1) FS. History–Amended 10-20-73, Repromulgated 1-8-75, Amended 5-4-75, 2-13-84, Formerly 25-7.59, Amended_________.

 

25-7.060 Location of Meters and Associated Appurtenances.

(1) The customer shall furnish a convenient, accessible and safe place in which the meter can be installed, operated and maintained. This location insofar as practical shall be outside the building and free of possible excessive temperature variations or causes of damage which might affect meter operation or accuracy.

(2) No change.

Rulemaking Specific Authority 350.127(2), 366.05(1) FS. Law Implemented 366.05(1) FS. History–Amended 10-20-73, Repromulgated 1-8-75, Amended 5-4-75, 2-13-84, Formerly 25-7.60, Amended_________.

 

25-7.061 Meter Testing Equipment.

(1) Each utility shall own and maintain or have access to all necessary meter testing equipment, including at least one bell type meter prover of not less than five (5) cubic feet capacity or other meter testing device approved by the Commission’s Bureau of Division of Auditing and Safety. This equipment shall be maintained in correct adjustment so that it shall be capable of determining the accuracy of customer meters to within one-half of one percent (0.5%).

(2) The accuracy of all meter testing equipment will be established in accordance with procedures set forth in American Gas Association’s Gas Measurement Manual: Meter Proving Part No. Twelve, 1978 edition, incorporated by reference herein, and which may be obtained from the American Gas Association, 400 North Capitol Street, NW, Washington, DC 20001.

(3) All alterations, accidents, or repairs to meter proving equipment which might affect the accuracy of such equipment or the method of operation shall be promptly reported in writing to the Commission’s Bureau of Division of Auditing and Safety of the Commission.

Rulemaking Specific Authority 350.127(2), 366.05(1) FS. Law Implemented 366.05(1), (3) FS. History–Repromulgated 1-8-75, Amended 5-4-75, 5-27-76, 2-13-84, Formerly 25-7.61, Amended_________.

 

25-7.062 Meter Testing Methods Test Records.

(1) All meter tests shall be performed by competent, trained personnel using approved methods and equipment.

(2)(1) Diaphragm meters with a test dial of five (5) cubic feet or less. The accuracy of customer meters of this type shall be determined by passing air from an accurate a standard bell type meter prover or a calibrated test meter at a rate of flow designated herein when the liquid in the prover tank, the test equipment, the atmosphere of the room and the meter to be tested are at practically the same temperature. The meter shall be tested at two rates of flow, viz: a check rate test which shall be at a rate of flow of approximately twenty percent (20%) of rated capacity, and also a one hundred percent (100%) of rated capacity or open run test. The average of the tests at the two rates of flow shall agree within one percent (1%) and the average error of the meter shall be considered to be the algebraic sum of twenty-five percent (25%) of the error indicated by open run test and seventy-five percent (75%) of the error indicated by the check rate test.

(3)(2) Other meters. Any utility furnishing large volume gas service through diaphragm type meters with a test dial of over five (5) cubic feet or other type meters such as turbine, rotary displacement, or orifice meters shall make provision for factory or other tests in accordance with manufacturer’s recommendations and American Gas Association’s Gas Measurement Manual: Meter Proving Part No. Twelve, 1978 edition.

Rulemaking Specific Authority 350.127(2), 366.05(1) FS. Law Implemented 366.05(1), (3) FS. History–Repromulgated 1-8-75, Amended 5-4-75, 2-13-84, 8-4-85, Formerly 25-7.62, Amended_________.

 

25-7.064 Periodic Meter Testing for Accuracy Tests.

(1)(a) Each gas utility may formulate a statistical sampling plan for the purpose of periodically testing for accuracy installed diaphragm type positive displacement gas service meters having a capacity rating of 250 cfh or less measured at the manufacturer’s specification for one-half (1/2) inch pressure differential. Such sampling plan shall be subject to approval by the Commission’s Bureau Division of Auditing and Safety prior to implementation.

(b) All meters installed of the above type and size not included in an approved Random Sampling Plan shall be periodically removed, inspected and tested for accuracy at least once every one hundred twenty (120) months.

(2) Meters having a capacity rating of 250 cfh through 2500 cfh measured at the manufacturer’s specifications for one half (1/2) inch pressure differential shall be field tested or shop tested for accuracy in accordance with American Gas Association’s Gas Measurement Manual: Meter Proving Part No. Twelve, 1978 edition at least once every one hundred twenty (120) months.

(3) Meters above 2500 cfh capacity rating measured at the manufacturer’s specifications for one half (1/2) inch differential shall be field tested or shop tested for accuracy in accordance with manufacturer’s recommendations and American Gas Association’s Gas Measurement Manual: Meter Proving Part No. Twelve, 1978 edition, at least every sixty (60) months.

(4) An instrument or auxiliary device used in conjunction with any gas meter to correct the metered volume for pressure or temperature shall be adjusted to an accuracy level to assure that the combined accuracy of the instrument or auxiliary device, or both, and the associated meter does not exceed one percent (1%) error fast or one two percent (1%) (2%) error slow. Each instrument and auxiliary device shall be checked at least the same test interval as prescribed for the associated meter to insure and verify the performance.

Rulemaking Specific Authority 350.127(2), 366.05(1) FS. Law Implemented 366.05(1), (3) FS. History–Repromulgated 1-8-75, Amended 5-4-75, 5-27-76, 2-13-84, Formerly 25-7.64, Amended_________.

 

25-7.065 Meter Test by Request.

(1) Upon written request of a customer, the utility shall, without charge, make a test of the accuracy of the meter in use at his premises; provided, first, that the meter has not been tested by the utility or by the Commission within twelve months previous to such request.

(2) Should any customer request a meter test more frequently than provided for in subsection (1) of this rule, the utility may require a deposit to defray the cost of testing, such deposit shall not exceed the following for each test:

(a) through (b) No change.

(c) Meters with a capacity rating over 2500 cfh – $129.00 dollars. If the meter is found to be more than two percent (2%) fast, the deposit shall be refunded, but if found to be less than or equal to two percent (2%) fast below this accuracy limit, the deposit may be retained by the utility as a service charge for conducting the test.

(3) No change.

(4) At the request of the customer, the utility shall make arrangements for a meter test to be conducted by an independent meter testing facility of the customer’s choosing. The customer shall be responsible for negotiating and paying to the independent meter testing facility any fee charged for such a test. Such independent meter testing facilities shall, at a minimum, conform to the requirements of the American Gas Association Gas Measurement Manual, Meter Proving Part No. Twelve, 1978 edition. Where appropriate, the meter may be field tested. The customer shall be responsible for all the costs to the utility associated with a meter test by an independent meter testing facility. The utility shall provide a detailed estimate of such costs and may require payment of such costs prior to the actual meter test. If the meter is found to be running fast in excess of the limits established by these rules, such costs shall be refunded, but if within the allowable limits, the utility may retain the costs.

(5) No change.

Rulemaking Specific Authority 350.127(2), 366.05(1) FS. Law Implemented 366.05(1), (3), (4) FS. History–Amended 10-20-73, Repromulgated 1-8-75, Amended 5-4-75, 10-11-83, 2-13-84, Formerly 25-7.65, Amended________.

 

25-7.066 Meter Test – Refereed Disputes Referee.

(1) In the event of a dispute, upon request written application to the Commission by any customer, a test of the customer’s meter will be made by the utility as soon as practicable. Said test will be supervised and witnessed or supervised as soon as practicable by a representative of the Commission.

(2) through (3) No change.

(4) For equipment tested under this rule, any previous accuracy test result on record at the time the meter test is requested must be retained by the utility.

Rulemaking Specific Authority 350.127(2), 366.05(1) FS. Law Implemented 366.05(3), (5), 366.08 FS. History–Amended 10-20-73, Repromulgated 1-8-75, 5-4-75, Formerly 25-7.66, Amended________.

 

25-7.070 Sealing Meters.

All meters tested for installation shall be sealed at the time of the test by the meter personnel meterman performing the test. The seal shall be of a type that will ensure detection of tampering. Those utilities using a compression type lead seal shall have as a sealing tool a device furnished with a die, which shall bear the initials of the utility. Utilities using a snap tin type seal shall have the seal stamped in a similar manner.

Rulemaking Specific Authority 366.05(1), 350.127(2) FS. Law Implemented 366.05(3) FS. History–New 2-13-84, Formerly 25-7.70, Amended_________.

 

25-7.071 Measuring Customer Service.

(1) All gas sold to customers shall be measured by commercially acceptable measuring devices owned and maintained by the utility, except where it is impractical to meter loans, such as street lighting, temporary or special installations, in which case the consumption may be calculated, or billed on a rate or as provided in the utility’s filed tariff.

(2) through (3) No change.

Rulemaking Specific Authority 350.127(2), 366.05 FS. Law Implemented 366.03, 366.05(1) FS. History–New 10-23-86, Amended_________.

 

25-7.084 Meter Readings.

(1) No change.

(2) When an electronic meter reading is used to determine volumes consumed, the customer’s bill may be rendered from data received electronically, however, the mechanical counter of the metering device shall be read monthly. When available, both corrected and uncorrected total volumetric readings shall be recorded.

Rulemaking Specific Authority 350.127(2), 366.05(1) FS. Law Implemented 366.05(1) FS. History–Repromulgated 1-8-75, Amended 5-4-75, Formerly 25-7.84, Amended 10-10-95,_________.

 

Posting of the American Gas Association Gas Measurement Manual, Meter Proving, Part No. Twelve, 1978 edition, on the Internet for purposes of public examination and inspection would constitute a violation of federal copyright law. These materials are available for public inspection and review at the Florida Department of State, R. A. Gray Building, 500 South Bronough Street, Tallahassee, FL 32399-0250, and the Florida Public Service Commission, 2504 Shumard Oak Blvd., Tallahassee, Florida 32399-0850.


NAME OF PERSON ORIGINATING PROPOSED RULE: Rick Moses
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Public Service Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 17, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: Volume 37, Number 45, November 10, 2011