CPN Pipeline Company — Pipeline Safety Interpretation

Page 1-- - - o u.s. Department of Transportation Pipeline and Hazardous Materials Safety Administration 400 Seventh Street, S.W. Washington, D.C. 20590 FEB - 5 2007 Mr. Scott Vickers Compliance Manager CPN Pipeline Company 60 River Road Rio Vista, CA 94571 Dear Mr. Vickers: This is in responseto your letter of April 15,2004, renewing your earlier requestfor an interpretation of 49 CFR 192.1and 192.3. Your letter concernedthejurisdictional end-point of a lateral pipeline running from a transmission pipeline to an electrical power plant. In your letter you ask, "Where would thejurisdiction end at the power plant side of the lateral? Wouldthejurisdiction end at the property line,fence line,first valve on theproperty, at the power equipment or other?" Assuming the lateral pipeline in question is a transmission line as defined in § 192.3, pipeline safety authority extends to the point where transportation ends, even if this point is on plant property. In many cases, the end-point is where the lateral pipeline enters the plant grounds, usually at a security fence line. If, however, a measurement meter (or other component necessary to control the pressure or safety of the pipeline) is on the plant grounds, the end-point would be the meter (or other component, if the component is downstream of the meter). You also ask, "If thepower plant is on BLM lands or Indian lands does it change where the jurisdiction would end?" The answer to your question depends on who is operating the pipeline, not on where the pipeline is located. That is, the pipeline safety regulations in Part 192 apply to a "person" who operates pipeline facilities. The regulations define a person to mean "any individual,.firm,joint venture, partnership, corporation, association, State, municipality, cooperative association, or joint stock association, and including any trustee, receiver, assignee, or personal representative thereof" The definition of a "person" in Part 192 does not include Indian tribes or the BLM (Federal Government). Therefore, the regulations do not apply to Indian tribes or to the BLM, regardless of whether the pipeline facilities are located on or off the Indian or BLM lands. If, however, an independent contractor (or other person) were to operate Indian or BLM pipeline facilities, the contractor would have to meet all the applicable requirements of Part 192 for the regulated segments of the pipeline.#

Page 22 Finally, you asked, "Where can ljind statutes, regulations. or interpretation letters to support the answer to question number one and number two?" PHMSA has a public web site (http://www.phmsa.dot.gov) with links to the Federal pipeline safety laws, regulations and interpretations. If I can further assist you with this, or any other pipeline regulatory matter, please contact me at (202) 366-4595. Sincerely, ~~-~ Florence L. Hamn Director, Office of Regulations A pipeline safety regulatory interpretation applies a particular rule to a particular set of facts and circumstances, and as such, may be relied upon only by those persons to whom the interpretation is specifically addressed.#