February 6, 2020

PE Matters December 2019


December 2019
In this issue…
Proposed Legislation to eliminate PE license exemption for preparation of Gas Pipeline Design Drawings
VSPE Educational Fund Fundraising to Begin at Christmas
2020 Virginia Engineers Conference!
Honor Your Fellow PEs
Now Available: Commentary on Construction Documents
15 Free—Get Them Before They’re Gone!

Proposed Legislation to eliminate PE license exemption for preparation of Gas Pipeline Design Drawings

VSPE issued a letter of support to Steven Bradley, Director – Division of Utility and Railroad Safety of the Virginia State Corporation Commission (SCC), in support of potential legislation to eliminate the current exemption in the Virginia Code for licensed PE’s to prepare gas pipeline design / construction plan drawings. NSPE leadership advised State societies of the National Transportation Safety Board’s (NTSB’s) letters to the governors of states whose licensing regulations currently exempt PE’s for this type of work, from their recommendations in the NTSB Accident Report Over-pressurization of Natural Gas Distribution System, Explosions, and Fires in Merrimack Valley, Massachusetts September 13, 2018 (NTSB Report):

To the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Idaho, Illinois, Iowa, Kentucky, Louisiana, Maine, Maryland, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New York, North Carolina, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Virginia, and Wyoming: Remove the exemption so that all future natural gas infrastructure projects require licensed professional engineer approval and stamping.

SCC staff provided language recently to the APELSCIDLA Board that was reviewed and approved first by the PE and LS Sections, for legislation in the upcoming session of the General Assembly, to be added to Section 54.1-401. Exemptions:

“This subsection does not apply to engineering services rendered in connection with gas pipeline facilities as defined in the federal regulations promulgated under 49 U.S.C § 60101 et seq., as amended and adopted by the Commission, and the federal pipeline safety laws.”

In our letter of support to the SCC, we explain that the Virginia Code’s industrial exemption language allows “the practice of engineering” to be conducted by “an employee of a corporation or public service corporation in connection with its facilities which are subject to regulation by the State Corporation Commission.” This means that the practice of engineering, including the design of public or private utilities can be performed by an employee of the corporation, regardless of their education, experience or expertise.

Probable Cause
The NTSB Report states that “the probable cause of the overpressurization of the natural gas distribution system and the resulting fires and explosions was. weak engineering management that did not adequately plan, review, sequence, and oversee the construction project that led to the abandonment of a cast iron main without first relocating regulator sensing lines to the new polyethylene main.”

Accident Summary
“On September 13, 2018, about 4:00 p.m. local time, a series of structure fires and explosions occurred after high-pressure natural gas was released into a low-pressure natural gas distribution system in the northeast region of the Merrimack Valley in the Commonwealth of Massachusetts. . One person was killed and 22 individuals, including three firefighters, were transported to local hospitals due to injuries; seven other firefighters incurred minor injuries. The fires and explosions damaged 131 structures, including at least 5 homes that were destroyed in the city of Lawrence and the towns of Andover and North Andover. Most of the damage occurred from fires ignited by natural gas-fueled appliances; several of the homes were destroyed by natural gas-fueled explosions.”

The bid documents included work packages to replace old cast iron high-pressure gas mains with new polyethylene pipes, as well as replacement of the low pressure distribution lines connected to the home service meters. Post-accident review of the bid documents and plans revealed omission of regulator control valves and sensing lines to reduce the high pressure from about 75 pounds per square inch gauge (psig) in the main to the required low pressure of about 0.5 psig, for distribution through the mains and delivery to customers. In the absence of any pressure reducing system, the moment the new high pressure main was tied in to the new low pressure distribution lines, home appliances with constant pilot light flames immediately exploded or caught fire.

The NTSB Report further provides:
“Projects requiring P.E. approval and stamping include, but are not limited to, roadways, bridges, tunnels, dams, and building structural design. Industrial exemptions allow utilities to perform engineering work related to public safety without the approval and stamp of a licensed P.E. In many cases, this exemption creates a loophole because there is no requirement to have work performed by an engineer at all. The P.E. who approves and stamps the project documents must be in responsible charge of the project. This assures that all aspects of the project are performed under the supervision and direction of a qualified engineer. However, 31 states exempt public utilities from this requirement even though proper design is necessary for public safety. Prior to the overpressurization of the CMA natural gas system in Merrimack Valley, Massachusetts was one of those states that exempted utilities.”

Massachusetts eliminated the PE exemption for gas pipeline project design / construction plans less than 2 months after the NTSB recommendation to do so under emergency legislative authority of the Governor.

VSPE will keep members updated as the SCC works with a Chief Patron to hopefully introduce a bill in the upcoming months.

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VSPE Educational Fund Fundraising to Begin at Christmas

Be on the lookout for a letter from VSPE showing donors and sponsors of our various programs such as Mathcounts, the EIT Scholarship fund, VSPE Educational Fund Scholarship in Memory of Anthony R. “Tony” Buscemi, PE or in Memory of Jack Liedl, PE, and the Eric H “Rick” Bartsch PE Exam Fund. We’ll have donation forms and envelopes to help our members donate and become part of our Thank You List. Our Educational Fund Trustees and VSPE Board send our best wishes to members in this upcoming Holiday Season.

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2020 Virginia Engineers Conference!

We are beginning to solicit exhibitors and sponsors for the 2020 VA Engineers Conference, which will be held at the Williamsburg Lodge on March 17-18. The website below has the registration for registration, exhibits, and sponsorships! Check out the agenda and speakers. This is a great way to take care of your PDH requirements as well as network with peers and colleagues as well as hear from great speakers! You can view everything on the link below. Please let us know what questions you have about the event.

The VA Engineers Conference is sponsored by the American Council of Engineering Companies of Virginia (ACEC Virginia) and the Virginia Society of Professional Engineers (VSPE), with ASCE/VA Section as an associate sponsor.

This annual, statewide educational conference is for all engineers and principals of engineering firms. Education tracks include professional, technical, business, civil, innovative technology, & transportation.

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Honor Your Fellow PEs

NSPE is filled with members who exhibit the best of the profession. Take the time to recognize the contributions and achievements of a fellow PE with an NSPE Honor Award.

Submit applications by January 31 so all deserving candidates can be considered for the following:

  • NSPE Award —the highest award given by the Society. It is presented to an engineer who has made outstanding contributions to the engineering profession, the public welfare, and humankind;
  • Distinguished Service Award —recognizes a licensed member for exceptional contributions to the profession, to one’s community, and specifically to NSPE;
  • Young Engineer of the Year Award —recognizes a young NSPE member who has made outstanding contributions to the profession and the community.

Learn more about NSPE Awards…

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Now Available: Commentary on Construction Documents

The Engineers Joint Contract Documents Committee—a joint venture of NSPE, the American Council of Engineering Companies, and the American Society of Civil Engineers—recently released commentary on its 2018 construction documents . EJCDC documents are the first choice, and most user-friendly, among standard documents for infrastructure and public works construction in the United States.

EJCDC documents are available to NSPE members at a 50% discount.

C-001 Commentary on the 2018 EJCDC Construction Documents, at 184 pages, contains in-depth descriptions of each of the 25 documents in the EJCDC construction series and explains their use. The commentary includes definitions of terms, cross-references and abbreviations, and a detailed discussion of terms and conditions.

The EJCDC construction series of documents assumes the design engineer is involved during construction. C-001 explains how to use each document in the series during the process. There is also a discussion of the Contractor for Construction of a Small Project document and its use.

Access the Commentary…

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15 Free—Get Them Before They’re Gone!

Earn PDHs with this year’s roundup of 15 free courses available to NSPE members, before they expire at the end of the year.

Develop and hone your professional skills without leaving your own workstation! Check out all of the 2019 free courses before the new year, including the four-part engineering ethics series and career development webinars.

Access the courses…

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