Chapter 421, § 7: Federal Regulation Waivers

Upon the request of any person subject to this Chapter or upon its own motion, the Commission may, for good cause, waive any requirement of this Chapter that is not required by federal regulation or state or federal statute. The Commission or the Presiding Officer may grant the waiver.#

A.Upon application by an operator, the Commission may grant a waiver from compliance with the federal Gas Pipeline Safety Regulations for intrastate pipeline transportation, subject to review by the office of Pipeline Safety Regulation.#

1.Waivers may be granted for particular circumstances where it is inappropriate for an operator to follow a regulation of general applicability.#

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

b. If the Commission finds 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.#

c. If the Commission 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.#

d. The Commission must give the office of Pipeline Safety Regulation of the United States Department of Transportation written notice of each waiver at least 60 days before it becomes effective. Each notice of waiver must provide the following information:#

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

ii. The safety standards involved;#

iii. A description of the pipeline facilities involved;#

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