{"operation":"document","citation":"PI-01-0105","title":"Tennessee Regulatory Authority — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2001-04-05","effective_on":null,"summary":"PI-01-0105 response to Tennessee Regulatory Authority concerning 192.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-01-0105.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-01-0105.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-01-0105","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/2001/g01-04-05_BLANTON_192.1-nlmx.pdf","body":"<<<PAGE 1>>>\n\nPI-01-0105\nMr. Glynn Blanton\nChief, Gas Pipeline Safety Division\nTennessee Regulatory Authority\n460 James Robertson Parkway\nNashville, TN 37243\nDear Blanton:\nWe have reviewed the May 19, 1999, letter sent to you by the Tennessee Valley Authority’s (TVA) Amy T.\nBurns, regarding your office’s inspection of TVA’s Gallatin Fossil Plant pipeline.\nAfter reviewing the record and obtaining legal opinions, I must advise you that TVA is, in fact, a Federal\nexecutive agency (5 U.S.C. Section 105). Being a federal agency, except as Congress may otherwise\nconsent, it is free from state and federal regulation and control (16 U.S.C. Section 831, Interpretive Notes\nand Decisions – Governing Authority; which cites Posey v. TVA, 93 F.2d 726 (1937, CA5 Ala.)). We have\nnot found any exception made by Congress that gives the Federal pipeline safety program or the states the\nright to regulate TVA pipeline facilities.\nI understand that TVA has been letting your office inspect the pipeline and provide safety suggestions.\nThis is similar to the procedure for inspections made by Federal inspectors on military-operated pipelines.\nWe hope that the interest of Federal agencies in allowing inspections will help improve pipeline safety for\nthese government facilities. However, we have no authority to cite these Federal entities for violations.\nIf you have any further questions on this matter, please call me at (202) 366-4565.\nSincerely,\nRichard D. Huriaux, P.E.\nManager, Regulations\nOffice of Pipeline Safety","truncated":false,"body_characters":1515}