Con Edison Development — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh Street, S.W. Hazardous Materials Safety Pipeline and Administration OCT 16 2007 Regional EHS Manager Dr. Raymond Martin Ref. No.:07-0121 Con Edison Development 1423 Rock Springs Road Rising Sun, MD 21009 Dear Dr. Martin: This is in response to your letter dated May 18, 2007 concerning the applicability of the Hazardous Materials Registration Program as specified in 49 CFR Part 107, Subpart G. carrier delivers hydrogen in 250 fi trailers and removes the empty trailers. According to your letter, your company uses hydrogen gas for cooling at your facility. A required to register. "Person who offers or offeror" is defined in § 171.8 as a person who Provided you do not offer or transport the hydrogen described in your letter, you are not performs, or is responsible for performing, any pre-transportation function required under this subchapter for transportation of the hazardous material in commerce or who tenders addition, "carrier" is defined in § 171.8 to mean a person who transports passengers or or makes the hazardous material available to a carrier for transportation in commerce. In property in commerce by rail car, aircraft, motor vehicle, or vessel. I hope this information is helpful. Sincerely, Office of Hazardous Materials Standards Chief, Standards Development 171.8 070121 107.601#

Page 2"u.u.. Leary CERTIFIED 3107.601 Rising Sun, MD 21009 1423 Rock Springs Road 7o0l 2760 0004-8791796 171:8 (410) 658-0351 Fax (410) 658-1107 7916 Begistration GENERATION FACILITY 07-0121 May 18, 2007 Hazardous Materials Registration US Department of Transportation PO Box 70985 28272-0985 Charlotte NC RE- registration query Hello, I am the Environmental Manager for the above captioned electric power generation delivered ma trailed by a facility or shydren tengas ed and lipia d hydangcher when it is empty. These trailers are approximately 250 cu ft, or 1870 gallons capacity and contain about 240 Ibs. of hydrogen when delivered. As we do not own the trailers or the trucks that transport them, I do not see that Can you clarify? We will be glad to register if required. registration is required for us but we have had internal divergent opinions in this regard I have called your hotline number a few times and left messages, but have not yet had a return call. I thought this inquiry might prove more successful. Regards, SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1, 2, and 3. Also complete Dr. Raymond Martin • Print your name and address on the reverse item 4 If Restricted Delivery is desired. A Signature • Agent Regional EHS Manager so that we can return the card to you. Con Edison Development • Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: 732-901-0995 HAARDOKSMATERIAK LEES 70804 70985- 3. Service Type CHARLoTTE N0C 25a78. • Registered • Cortifed Mail • Exprees Mail • Retum Receipt for Merchandise 0985- • Insured Mall • C.O.D. 2. Article Number 4. Restricted Delivery? (Extra Foe) • Yes (Transfer from service labell 006#