{"operation":"document","citation":"PI-09-0004","title":"Enstar Natural Gas Company — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-07-02","effective_on":null,"summary":"PI-09-0004 response to Enstar Natural Gas Company concerning 191.3.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-09-0004.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-09-0004.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-09-0004","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/2009/PI-09-0004.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nJUL - 2 2009\nMr. David W. Bredin\nDirector of Operations\nEnstar Natural Gas Company\nP.O. Box 190288\n40 I E. International Airport Road\nAnchorage, AK 99519-0288\nDear Mr. Bredin:\nIn a letter to the Pipeline and Hazardous Materials Safety Administration (PHMSA) you\nrequested an interpretation of 49 CFR § 191.3 of the Federal pipeline safety regulations. You\nstated that a number of structural fires occur every year in Enstar's service area that cause a\nrelease of natural gas. You stated that although these structural fires often result in over $50,000\nof property damage meeting the threshold in the § 191.3 definition of an incident, these structural\nfires are not caused from the release of natural gas. Rather, these fires are caused by other events\nsuch as a chimney fire, arson, or an electrical short and then the fire subsequently bums the gas\nmeter or the plastic service line riser melts causing the release of natural gas. You have asked\nwhether a release of gas meeting the applicable threshold caused by a structural fire that started\nfor reasons other than a gas leak is a reportable incident.\nPursuant to Chapter 601, Title 49, United States Code, PHMSA has responsi bility for protecting\nagainst risks to life, property, and the environment posed by pipelines. In carrying out its\nresponsibilities, PHMSA has established requirements for the reporting of incidents, safety\nrelated conditions, and annual pipeline summary data by operators of gas pipeline facilities\nlocated in the United States or Puerto Rico, including pipelines within the limits of the Outer\nContinental Shelf as that term is defined in the Outer Continental Shelf Lands Act (43 U.S.c.\n1331).\nUnder 49 CFR Part 191, pipeline operators are required to report releases of gas from DOT\nregulated pipelines (Le., up to the outlet of the meter) that meet the applicable threshold in\n§ 191.3 regardless of the cause of the event that caused the release. Therefore, under current\nrequirements, Enstar needs to continue reporting incidents such as the ones described above\nconsistent with past general guidance to industry from our agency on this topic. However, we\nare continuing to examine our policy for reporting these events to better improve the overall\nusefulness of incident information collection and should our policy change, we will alert industry\nthrough advisory bulletins or federal register notification, as appropriate. We appreciate your\nrequest for clarification on this topic.\nThe Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written clarification of the Regulations (49 CFR\nParts 190-199) in the form of interpretation letters. These letters reflect the agency's current application of the regulations to the specific facts\npresented by the person requesting the clarification. Interpretations do not create legally-enforceable rights or obligations and are provided to\nhelp the public understand how to comply with the regulations.\n\n<<<PAGE 2>>>\n\n.,\n2\nIf I can further assist you with this, or any other pipeline safety regulatory matter, please contact\nme at (202) 366-4046.\nSincerely,\no .Ga\nDirector, Office of Regulations\nThe Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written clarification of the Regulations (49 CFR\nParts 190·199) in the form of interpretation letters. These letters reflect the agency's current application of the regulations to the specific facts\npresented by the person requesting the clarification. Interpretations do not create legally-enforceable rights or obligations and are provided to\nhelp the public understand how to comply with the regulations.\n\n<<<PAGE 3>>>\n\nNatural Gas Company\n401 E. International Airport Road\nP.O. Box 190288\nAnchorage, AK 99519-0288\n(907) 277-5551\nwww.enstarnaturalgas.com\nNovember 21, 2006\nMr. Ted Wilke, Acting Associate Administrator\nOffice of Pipeline Safety\nPipeline and Hazardous Material Safety Administration\nU.S. Department of Transportation\n400 Seventh Street, S.W., Rm. 2103\nWashington D.C. 20590-0001\nRE: Clarification Request on Reporting Incidents\nDear Mr. Wilke,\nThis letter is a request for clarification on whether certain situations meet the definition of\n\"Incident\" as defined in 49CFR 191.3 and need to be reported per 49CFR 191.5.\nMultiple times annually there are structure fires in ENSTAR's Service Area which cause a release\nof natural gas (i.e. the gas meter burns or polyethylene service line riser melts and there is a release of\nnatural gas) and there is more than $50,000 in property damage to the structure. The cause of the\nstructure fire is not from the release of natural gas nor does natural gas contribute to the damage caused\nby the fire. In all cases, the cause of the fire is not natural gas related, i.e. the cause may be electrical,\nchimney fire, arson etc.\nIt has been ENSTAR's practice to report these situations as Incidents, even though the cause of\nthe fire it not related to natural gas. We believe these situations meet the definition of Incident per 49CFR\n191.3, i.e. there has been an event that involves the release of gas from a pipeline and the estimated\nproperty damages is more than $50,000. We have recently been questioned by the PHMSA Western\nRegion Office as to why we are reporting these situations as Incidents.\nWe respectfully request direction as to whether these situations meet the definition of Incident\nand whether they need to be reported as such. We would prefer not to report these situations unless the\ncause of the fire is from the release of natural gas or natural gas contributes significantly to the damage.\nThank you in advance from your prompt attention to this clarification request. Should you have\nany questions do not hesitate to call me at 907-264-3745.\nSincerely,\nE~lLPanY\nDavid W. Bredin\nDirector of Operations\ncc: Chrls;Hoidal PHMSA Western Region Director ~","truncated":false,"body_characters":6045}