D.T.E.\D.P.U. Order 06-48-A
Gate Box Accessibility and Model Protocol for Communicating with Governmental Agencies

1.0 Purpose and Scope

1.1 The purpose of these standards is to delineate an Operator's obligations relating to compliance with G.L. c. 164, § 116B, which requires that [w]henever the commonwealth or a city or town undertakes the repair of streets, roads or sidewalks the appropriate gas company shall provide for the maintenance and improvements of its gate boxes located in the streets, roads or sidewalks to be repaired, so that the gate boxes are more easily and immediately accessible. A gas company may apply for funds under [C]hapter 90 to assist in paying the costs of the maintenance and improvements.

1.2 Nothing in these standards may be construed to restrict the constitutional or statutory authority of the Governmental Agency with respect to Public Ways under its control. Nothing in these standards is intended to prevent an Operator and a Governmental Agency from mutually agreeing to exceptions to these standards.

1.3 Nothing in these standards is intended to be inconsistent with any ordinance or by-law and the Constitution and laws of the Commonwealth.

1.4 Nothing in these standards is intended to be inconsistent with the Department's regulations concerning compliance with the minimum federal safety standards applicable to natural gas pipelines as promulgated in 220 C.M.R. §§ 101.00 et seq.

2.0 Definitions

"Commonwealth" means the Commonwealth of Massachusetts.

"Confirmed Project" refers to a project that will be undertaken by a Governmental Agency on a Public Way and that is definitive in terms of (a) the specific location to be repaired; and (b) the time frame of the repair, as evidenced by either (i) a specific date reference if the project is to be completed by employees of the Governmental Agency, or (ii) the execution of a contract with an independent paving contractor if the project is to be completed by an outside contractor.

“Department” means the Department of Public Utilities.

"Gate Box" refers to a structure that (a) allows access to any valve on an Operator's distribution pipeline system; and (b) would be affected by a Confirmed Project on a Public Way that is undertaken by a Governmental Agency.

"Governmental Agency" means any agency or department of the commonwealth or any political subdivision thereof, including a Municipality.

"Municipality" means a city or town of the Commonwealth.

"Operator" means a gas company as defined in Section 1 of G.L. c. 164 or a municipal gas department established pursuant the provisions of G.L. c. 164.

"Preliminary Project List" refers to a listing of Public Ways provided by the Governmental Agency to the Operator, which provides information as to potential or tentative plans for future projects.

"Public Way" means a street, roadway or sidewalk within the control of a Governmental Agency.

3.0 Protocol for Gate Box Accessibility

3.1 Upon adequate notification to an Operator by a Governmental Agency of a Confirmed Project involving the repair and/or paving of a Public Way, the Operator shall arrange for appropriate personnel to maintain and raise any gate box that is located in the Public Way and affected by the Confirmed Project, so that the Gate Box is easily and immediately accessible. Such notification shall be deemed adequate based on the consideration of relevant factors including without limitation, the size and scope of the Confirmed Project, its location and the time of year construction is planned.

3.2 The Operator shall document the number and locations of gate boxes raised or otherwise repaired by the Operator in accordance with Section 3.1 of the Standards.

3.3 If and when an instance of inadequate notification or subsequent damage to a Gate Box(es) comes to the attention of the Operator, the instance shall be documented by the Operator, and at the appropriate interval, brought to the attention of the responsible Government Agency. Records of such occurrences shall be maintained by the Operator.

4.0 Communication Protocol With Governmental Agencies

4.1 Prior to the commencement of the construction season each year, the Operator shall formally request in writing a Preliminary Project List for Public Way reconstruction and/or resurfacing for each Governmental Agency in the service Territory.

4.2 Operators shall be required to maintain a current list of Government Agency contacts in the Operator's service territory who are responsible for the maintenance of Public Ways.

4.3 The annual request from the Operator shall be mailed via certified mail or delivered to the appropriate Government Agency representative. The Operator shall compile responses to the annual requests for the purposes of facilitating follow-up communication by the Operator, if necessary.

4.4 The Operator shall establish and maintain a liaison with the appropriate Government Agency representative in order to facilitate communications between the Operator and the Government Agency.

4.5 The Operator will make every reasonable effort to attend preconstruction meetings scheduled by Government Agencies of which the Operator is notified, or otherwise maintain ongoing contact with the Governmental Agencies in the Operator's service territory that are responsible for the maintenance of Public Ways.

4.6 Following the date of the Order in D.T.E.\D.P.U. 06-48-A, if and when an instance of inadequate notification comes to the attention of the Operator, the instance shall be documented by the Operator, and at the appropriate interval, brought to the attention of the responsible Governmental Agency. Records of such occurrences shall be maintained by the Operator. The Operator shall also raise any affected gate box, or provide an alternative to raising the gate box, within nine (9) months of discovery by the Operator.