{"operation":"document","citation":"PI-10-0011","title":"Judge Baughman — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-08-04","effective_on":null,"summary":"PI-10-0011 concerning 192.723.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-10-0011.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-10-0011.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-10-0011","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/2010/PI-10-0011.pdf","body":"<<<PAGE 1>>>\n\n)\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n12CO New Jersey Avenue, SE\nWashington, D C. 20590\nAUG - 4 '20m\nThe Honorable William H. Baughman, Jr.\n801 West Superior Avenue\nCleveland,OH 44113-1846\nDear Judge Baughman:\nThank you for your letter of June 11,2010, regarding Federal regulations pertaining to gas\ndistribution pipeline leakage surveys and whether they are required inside of residences. As\noverseers of the Nation's 2.1 million miles of pipelines, the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) is committed to ensuring safety and protecting the\nenvironment. Leakage surveys, as required under 49 CFR § 192.723, help ensure the safety of\npeople who live and work in proximity to pipelines.\nAs you note in your letter, § 192.723 requires operators of a distribution pipeline system to\nconduct periodic leakage surveys. Pipelines not located in business districts must be surveyed at\nleast once every five years. For cathodically unprotected distribution lines on which electrical\nsurveys for corrosion are impractical, a leakage survey must be conducted at least once every\nthree years.\nAlso, please reference 49 CFR § 192.3, which defines a service line as a distribution pipeline that\ntransports gas from a common source of supply, such as a main, to one or more individual\ncustomers. A service line ends at the outlet of a customer's meter or at the connection to the\ncustomer's piping, whichever is farther downstream. If there is no customer meter, the service\nline ends at the connection to the customer's piping.\nUnder these provisions, an operator must conduct a leakage survey with leak detector equipment\nup to the end of the service lines. If the customer's meter or connection to the customer's piping\nis located inside a personal residence, the leakage survey must include that portion of the service\nline inside the residence.\nOhio is one of many states certified under 49 U.S.C. § 60105(a) to regulate intrastate natural gas\npipelines, such as those discussed in this letter. Ohio regulates such pipelines through the Public\nUtilities Commission of Ohio (PUCO).\nThe Pipeline and Hazardous Materials Safety Administration. Office of Pipeline Safety, provides written clarifications of the Regulations (49\nCFR Parts 190-199) in the form of interpretation letters. These letters reflect the agency's current application of the regulations to the specific\nfacts presented by the person requestmg the clarification. Interpretations do not create legally-enforceable rights or obligations and are provided\nto help the public understand how to comply with the regulations.\n\n<<<PAGE 2>>>\n\n2\nI hope this letter answers your questions and addresses your concerns. If we can be of further\nassistance, please do not hesitate to contact Elizabeth Komiskey (elizabeth.komiskey@dot.gov,\nphone: 202-288-1818), Harold Winnie (harold.winnie@dot.gov, phone: 816-329-3800) at our\nCentral Region Community Assistance and Technical Services team in Kansas City, or me at\n202-366-4595.\nSincerely,\n~f~'\nDeputy Associate Administrator\nFor Field Operations\ncc: Mr. Neil Eisner, Assistant General Counsel for Regulation and Enforcement, DOT\nMr. Alan R. Schriber, Chairman, Public Utilities Commission of Ohio\nThe Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety. provides written clarifications of the Regulations (49\nCFR Parts 190-199) in the form of interpretation letters. These letters reflect the agency's current application of the regulations to the specific\nfacts presented by the person requesting the clarification. Interpretations do not create legally-enforceable rights or obligations and are provided\nto help the public understand how to comply with the regulations.\n\n<<<PAGE 3>>>\n\nttbe ~onorablt 'William~ .• aullbman, Jr.\nWntteb 6tate. ~ourtbou.e\n~ourtroom 10~\n801l»e~ 6upertor m,enue\nQClebelanb, c!)Jp 44113 ·1846\n216/351·1220\n.:Ifax: 216/351·1224\nJune 11,2010\nMr. Neil Eisner\nAssistant General Counsel for\nRegulation and Enforcement\nUnited States Department of Transportation\n1200 New Jersey Avenue S.B.\nWashington, DC 20590\n, .\nRe: Demand ~fDominion'EastOhio for Leakage Survey of Inside Gas\nMeter ,and Piping 'Under U.S~ Department of Transportation\n. Regulation .\nAccount No. 4500014919225\nService Address: 31541 Edgewood Road, Pepper Pike, OH 44124\nMeter No.' i8252265 ' . ,\nDear Mr~ 'Eisner: '\nI have received a demand from my natural gas service provider, Dominion East Ohio,\nfor a leakage survey of my inside gas meter and piping. A copy of the demand letter is\nenclosed. This demand is purportedly made under a regulation of your Department.\nThrough research, I have found 49 C.F.R. § 192.723, Distribution systems: Leakage\nsurveys. A copy of that regulation is enclosed. Although the regulation refers to leakage\nsurveys, I cannot determine from the regulation if it applies to the gas meter and piping inside\nmy residence. . . .\nMy efforts to 'get Il?-0re information on this leakage survey and the authority therefor\nfrom Dominion East Ohio have been unsuccessful. The most helpful service representative\nadvised that the inspe'ction is required by federal regulation. She checked the records for my\nresidence and said that such an inspection had not been performed since 2002. This predates\n\n<<<PAGE 4>>>\n\nMr. Neil Eisner\nAssistant General Counsel for\nRegulation and Enforcement\nUnited States Department of Transportation\nJune 11,2010\nPage 2\nmy ownership of the home. I had been a customer of Dominion East Ohio in two other\nCleveland suburbs since 1976 and have never had such a survey performed at any of my\nresidences.\nWhen asked for an explanation, the customer service representative for Dominion East\nOhio stated that the company has probably been in violation of the regulation for some time\nand is now undertaking these surveys under pressure from your Department. Frankly, this\nall sounds pretextual to me.\nI see that 49 C.F.R. § 192.723 has been in effect since 1970. I find it incredible that\nDominion East Ohio has been in default as to my properties since 1976, if indeed this\nregulation applies to the interior of residential properties.\nDominion East Ohio has continued to insist on this survey, with a reminder that it can\nterminate my service even if my account with them is current. I have tentatively scheduled\nthe survey for June 24, 2010. Accommodating Dominion East Ohio in this manner will\nrequire me, however, to take at least one-half day from my duties as a federal magistrate\njudge at the federal district court in Cleveland.\nIf, in fact, your Department does not have a regulation requiring this surveyor is not\ninsisting that surveys be conducted, I would appreciate receiving that information. I have\nmade inquiry with the Public Utilities Commission of Ohio, whose representative has advised\nthat it has no knowledge of this leakage survey program.\nSincerely,\n~7f.~~la;(.\nWilliam H. Baughman, Jr. ()\ngsg\nEnclosures\n\n<<<PAGE 5>>>\n\nJustia :: 49 C.P.R. § 192.723 Distribution systems: Leakag.e surveys. Page 1 of 1\nSupreme Court Center I us Laws I Blawgs.FM I BlawgSearch.com I ~\nL........... ______ --.JEJ_\nJustia> Law> United States> Code of Federal Regulations> Tttle 49 - Transportation> CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY\nADMINISTRATION DEPARTMENT OF TRANSPORTATION> PART 192--TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE: MINIMUM\nFEDERAL SAFETY STANDARDS> § 192.723 Distribution systems: Leakage surveys.\n49 C.F.R. § 192.723 Distribution systems: Leakage surveys.\nTitle 49 - Transportation\nTitle 49: Transportation\nSubpart M=Maintenance\nPART 192- TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE: MINIMUM FEDERAL SAFETY STANDARDS\nBrowse Previous I Browse Next\n§ 192.723 Distribution systems: Leakage surveys.\n(a) Each operator of a distribution system shall conduct periodic leakage surveys in accordance with this section.\n(b) The type and scope of the leakage control program must be determined by the nature of the operations and the local conditions, but it\nmust meet the following minimum requirements:\n(1) A leakage survey with leak detector equipment must be conducted in business districts, including tests of the atmosphere in gas,\nelectric, telephone, sewer, and water system manholes, at cracks in pavement and sidewalks, and at other locations providing an\nopportunity for finding gas leaks, at intervals not exceeding 15 months, but at least once each calendar year.\n(2) A leakage survey with leak detector equipment must be conducted outside business districts as frequently as necessary, but at least\nonce every 5 calendar years at intervals not exceeding 63 months. However, for cathodically unprotected distribution lines subject to\n§192.465(e) on which electrical surveys for corrosion are impractical, a leakage survey must be conducted at least once every 3 calendar\nyears at intervals not exceeding 39 months.\n[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-43,47 FR 46851, Oct. 21, 1982; Amdt. 192-70, 58 FR 54528,54529, Oct. 22,\n1993; Amdt. 192-71, 59 FR 6585, Feb. 11, 1994; Amdt. 192-94,69 FR 32895, June 14, 2004; Amdt. 192-94,69 FR 54592, Sept. 9, 2004]\nBrowse Previous I Browse Next\nCopyright © Justia - No copyright claim is made to any of the government data on these pages.\nCompany:: Terms of Service :: Privacy Policy:: Contact Us :: Have a Happy Day!\nhttp://law.justia.com/us/cfr/title49/49-3.1.1.1.3.13.9.13.html 05/2812010\n\n<<<PAGE 6>>>\n\nP.O. Box 26666\nRichmond, VA 23261-6666\nMay 21, 2010\nDominion®\n1191 1 AV 0.335 T#00000\n********* AUTO**5-DIGIT 4412\nWILLIAM H BAUGHMAN\nACCOUNT NO:\n31541 EDGEWOOD RD\n4500014919225\nPEPPER PIKE OH 44124-5117\nSERVICE ADDRESS:\n31541 EDGEWOOD RD\nPEPPER PIKE OH 44124-5117\nMETER NO: 18252265\nSubject: We Need To Check the Inside Service Line\nIt's been some time since we read or inspected the inside gas meter and piping. The U.S.\nDepartment of Transportation (DOT) requires us to perform a leakage survey up to and\nincluding the gas meter at least once every three years.\nPlease call (800)362-7557 Monday through Friday from 7:00 a.m. through 7:00 p.m. to\nschedule an appointment.\nYour cooperation will help us make sure the meter is safe and accurate. Thank you.\nSincerely,\nCustomer Service Center\nDominion East Ohio\nImr039\nSEQ#: 1191 OMA-SW1: 3\n\n<<<PAGE 7>>>\n\nMagistrate Judge William I. Baughman, Jr.\nUnited States District Court for the\n27. 3001:2022\n*92 L\nNorthern District of Chio\n801 West Superior Avenue 10A\nCleveland, O7 44113-1846\nMr. Neil Eisner\nAssistant General Counsel for\nRegulation and Enforcement\nUnited States Department of Transportation\n1200 New Jersey Avenue S.E.\nWashington, DC 20590","truncated":false,"body_characters":10677}