Draft Minutes
2008 National NAPSR Meeting
Doubletree Hotel
Board Members:
Chairman Ron
Law (
Vice
Chairman
Secretary Michael
Thompson (
Treasurer Hans
Mertens (
Past
Chairman Phil
Sher (
Eastern
Region, Chair Gavin
Nicoletta (
Eastern
Region, Vice Hans
Mertens (
Central
Region, Chair
Central
Region Bob
Leonberger (
Southern
Region, Chair Chris
Isley (
Southern
Region Wallace
Jones, Sr. (
Southwest
Region, Chair Bruno
Carrara (
Southwest
Region Dennis
Fothergill (
* Absent
Chairman Ron Law called the meeting to order and welcomed
all attendees. Chairman Law introduced Marsha H. Smith, Member of the Idaho PUC
and President of NARUC, who welcomed NAPSR to
Address to NAPSR from the Pipeline
and Hazardous Material Safety Administration (PHMSA) – Deputy Administrator,
Krista Edwards
1.
Transportation Secretary Mary
Peters is from
2.
The PHMSA philosophy of safety
is expressed by the operative words: “data-driven, risk-based” and is focused
on letting the States use the their resources to tackle the most serious safety
challenges.
3.
PHMSA Budget process for FY
2009 that starts on October 1, 2008 is as follows:
·
April 2007: Budget data call
within DOT;
·
June 2007: DOT prepares the
budget;
·
September 2007: Budget goes to
OMB;
·
Before Thanksgiving in
November: OMB passes it back to DOT with suggested changes;
·
December-January 2008: Budget is subject to further adjustments and
prepared for President to sign; and
·
Early February 2008: President
submits FY 2009 budget to Congress.
·
There were on appropriations
hearings in 2008
·
For FY 2010, the next
Administration will be in charge; the current Administration is “populating”
the budget database. The next team coming in will will likely use these numbers
to come up with a proposal for FY 2010 by March 2009.
·
Appropriations Committee
member Senator Patty Murray, WA has a very high interest in PHMSA’s pipeline
safety program.
4.
Thus far there has been no
further action on the issue of user fees despite the increased budget request
by PHMSA and the fact that user fees will go up if the request is granted. PHMSA sent a report to Congress stating the
current allocation of user fees should remain in place.
5.
In 2009 we may begin to see
early activity in connection with pipeline safety reauthorization, which is due
in 2010.
6.
New criteria on eligibility
for above 50% maximum matching of state expenditures will be a reality.
7.
Although the PIPES Act gives
PHMSA authority to enforce if it find an inadequate damage prevention program
in a State, PHMSA is not eager to exercise such authority. However, it will be required to ask some
questions (not heavy-handed), about how the States are using resources to bring
about enhanced damage prevention.
8.
Path forward offers
opportunities and challenges:
·
Federal/State partnership has
never been better;
·
Unfinished business:
implementation of implementing DIMP will test the relationship;
·
The key will be to keep on
talking during the transition in Administration and beyond;
·
NAPSR should continue to hold
PHMSA to its Strategic Plan; and
·
When a new Administrator comes
in, NAPSR leaders should seek to set up a visit.
Revamped Pipeline Emergencies Website – Courtney Clyatt,
NASFM Director, Safe Energy & Transportation
Discussed
training manual for emergency responders, including a hardbound manual, DVD and
website.
Important Issues for NAPSR – Ron Law, NAPSR National
Chairman
Discussed:
·
Top issues for our members
·
How can NAPSR better serve its members
·
The partnership with PHMSA
Sources
of Information were 2008 Region
meetings, one-on-one interviews with 51 Program Managers and personal observations. See CD of ppt presentations for details.
Overview & discussion of NAPSR Views on DIMP – Phil
Sher, Chair of DIMP Implementation Task group
See CD of
ppt presentations for details.
State funding, Evaluation & Financial Audits – Zach
Barrett, Director, PHMSA Office of State Programs
Discussed
components of PHMSA Budget request after appropriations:
|
Item |
$ million |
|
PHMSA Total Budget for 2008 |
75 |
|
−
Salary & benefits |
27.5 |
|
−
Info & Analysis |
1.65 |
|
−
Pipeline Integrity
Management |
6.7 |
|
−
Permitting |
0.7 |
|
−
Compliance |
0.3 |
|
−
Training & Info |
1.4 |
|
−
Emergency Notification |
0.1 |
|
−
Public Education |
0.75 |
|
−
CATS |
2.7 |
|
−
Oil Pollution Act |
2.2 |
|
−
R&D |
8.9 |
|
−
Base grant to states |
20.0 |
|
−
FedSTAR support |
0.6 |
|
−
Invitational Travel |
0.2 |
|
−
State Damage Prevention
Grant |
1.5 |
The total
budget appropriated for the base grants to States was $20.8 million. Only
Invitational Travel and FedSTAR support costs are taken out of this budget.
Financial
Audits have been more appropriately renamed as Grant Reviews. Their purpose is
to ensure state costs submitted to PHMSA are appropriate for reimbursement.
Envisioned frequency will be every 3 years.
State Electronic Pipeline Safety Forum, Training Issues --
Richard Sanders, Director, PHMSA office of Training & Qualification
(T&Q)
No notes
taken.
Direction on Major Initiatives & NAPSR Open
Resolutions – Jeff Wiese, Associate Administrator, PHMSA Office of Pipeline
Safety
Discussed
the need for States to develop plans for mutual aid in the event of major
disasters. States should find out if
they would be eligible for FEMA funds for the time State personnel spend on
disaster response & relief.
A State rep
at the meeting noted that States should not be penalized in their grant program
for the time their personnel take away from their regular inspection duties to
engage in mutual aid.
Root Cause
Analysis training is costing PHMSA $ 1,500 per seat. PHMSA thinks this is a goods investment.
Zach
Barrett covered for Jeff on the PHMSA response on the NAPSR open resolutions.
o
There are:
−
15
NAPSR resolution that require OPS action
−
6
classified as Open Unacceptable response
−
2
classified as Open Acceptable Response
−
7
in need of classification
o
There are 3 resolutions where
the response from PHMSA seeks more details.
o
Action: NAPSR will follow-up to see if it can provide
more details.
o
Apparently PHMSA missed one
open resolution; CR-1-02 (Priority 1) (2002),
covering suggested construction contractor self-inspection prohibition.
o
Action: PHMSA will in writing respond to NAPSR on
this open resolution.
Jeff
continued the discussion:
o
Has allocated extra funds
allocated to move forward on the State access to the PHMSA database;
o
PHMSA wants to continue
sharing information with NAPSR;
o
PHMSA would like the next
pipeline safety reauthorization to be without amendments, but it must work
together with NAPSR for this;
o
Preparing for DIMP and a
credible implementation, which place a premium on preparation, is
process-driven, transparent, self-critical and continuously improving;
o
DIMP offers the greatest
opportunity for improvement.
o
Selected
NAPSR Issues:
·
Beyond
50 % criteria
·
Revision
guidelines & forms
·
Collecting
info for DIRT
·
Timely
training
·
Improving
sharing of safety info
·
How
to implement DIMP
·
Workforce
planning
·
State
access to PHMSA held data
o
Staffing
formula: committed to States to work this out.
Committed to grow program not shrink it.
o
Trying
to align those with DIRT
o
PHMSA
Damage Prevention Assistance Program document: Use it to do a gap analysis on the
statewide damage prevention program – not necessarily just your own State
agency.
Issues from Grant Allocation & Strategic Planning
Committee (GAC) – Don Stursma, Chair of GAC
Discussed
o
Meetings
in 2008
o
One-Call
Grants
·
New
Instructions and Priority list being finalized
·
811
no longer Priority 1 – can be Priority 3
·
For
recurring requests need to see results
·
For
all items – want to see definite plans
·
Feel
free to run draft applications past region rep (no promises)
·
Look
at comments on past applications (will be application step in FedSTAR)
·
Application
period will be October 3-November 3, 2008
o
State
Damage Prevention (SDP) Grants
·
Not
administered by GAC – not prepared to discuss details
·
Application
will be through FedSTAR this year
·
Application
period will be October 1 – November 19
·
Should
have SDP grant award by end of 2008 – so they can be considered in awarding
One-call grants later
Action: Question for Steve Fischer: Can a State get added funding for on-going
project funded by SDP before?
o
State
Program Guidelines
o
State
Evaluation Form
·
Scoring
system – and whether certain questions will be point questions – still under
development
·
PHMSA
will run some scenarios to make sure nobody gets less money under new system
(assuming more grant money is available)
·
Copies
will be released for comment this week (September 15).
o
Grant
Funding
·
Low
appropriations have held funding below 40%
·
Appropriations
bill would allow funding to about 60%, if passed – in time
·
How
to allocate new money in 2009:
−
Timing
creates conflict with 198.13;
−
Above
50% must be based on new certification questions – no redo of 2007/8 state
evaluation scores;
−
Above
50% can be allocated if states waive rights to 9 months notice;
−
ALL
states must waive – PHMSA will not do either/or;
−
If
you don’t like the waiver sample letter, change the language in the letter and
send it in. All PHMSA is looking for is
to get a waiver from notification requirements and needs all waivers in by December
2008;
−
Above
50% will NOT be allocated based on old system.
Action: NAPSR Chair will send out reminder
to states to send in waiver notices to PHMSA, further explaining that they
don’t have to send a letter with the exact language of sample letter.
o
Next
GAC meeting – last week of January 2009
CGA DIRT data Collection Capabilities – JD Maniscalco /
Rudy Gonzalez, Executive Director, Utility Notification Center of CO /
Principal Consultant, Table Mountain Partners
Discussed
capabilities and features of Virtual Private Damage Information Reporting Tool
(DIRT).
There is a
cost of $ 500 Virtual Private DIRT (VPD) set up fee and an annual $500 yearly
maintenance fee.
VPD can
provide a layer of anonymity, if needed.
Questions
from members followed. Attendees were
told that presenters would be available for further questions after the
meeting.
THURsday, September 18, 2008
Closed Sessions – NAPSR Members Only
Minutes are
available under separate cover to NAPSR members only.
Joint Meeting on DIMP – AGA-PHMSA-NAPSR-APGA
Notes form
this meeting are available under separate cover upon request to George
Mosinskis e-mail: gmosinskis@cox.net . They are also
posted on the DOT docket under docket number 19854.
The meeting was adjourned on Thursday
at 5:00 p.m.