Chapter 420, § 9: Federal Regulation Waivers

Upon application by an operator, the MPUC may grant a waiver from compliance with the federal gas pipeline safety regulations for intrastate pipeline transportation, subject to review by PHMSA.#

A.The MPUC may grant waivers for particular circumstances where it is inappropriate for an operator to follow a regulation of general applicability.#

B.Before granting a waiver, the MPUC must give notice and opportunity for written comments and hearing, unless the it finds that notice is impracticable, unnecessary, or not in the public interest.#

C.If the MPUC finds that a requested waiver is consistent with gas pipeline safety and is otherwise justified, the waiver must be issued under appropriate terms and conditions with a statement of reasons for granting the waiver.#

D.If the MPUC finds a requested waiver is inconsistent with gas pipeline safety or is otherwise unjustified, the request must be denied, and the applicant notified of the reasons for denial.#

E.The MPUC must give PHMSA written notice of each waiver at least 60 days before it becomes effective. Each notice of waiver must provide the following information:#

1.The name, address, and telephone number of the applicant;#

2.The safety standards involved;#

3.A description of the pipeline facilities involved;#

4.The justification for the waiver, including the reasons why the standards are not appropriate and why the waiver is consistent with gas pipeline safety.#