{"operation":"document","citation":"PI-10-0019","title":"Sutherland Asbill & Brennan LLP — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-06-10","effective_on":null,"summary":"PI-10-0019 response to Sutherland Asbill & Brennan LLP concerning 195.436.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-10-0019.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-10-0019.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-10-0019","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/2010/Southerland-PI-10-0019-01-25-2010-Part_195.436.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave, S.E.\nWashington, D.C 20590\nJAN 2 5 2011\nMs. Kirstin E. Gibbs\nSutherland Asbill & Brennan LLP\n1275 Pennsylvania Ave., NW\nWashington, DC 20004-2415\nRE: Request for interpretation on behalf of Oglethorpe Power Corporation\nDear Ms. Gibbs:\nIn a letter to the Pipeline and Hazardous Materials Safety Administration (PHMSA) dated\nAugust 5, 2010, you requested an interpretation of Federal Pipeline Safety Regulation 49 CFR\n§ 195.436. You specifically asked whether Oglethorpe Power Corporation's (OPC) current\nconfiguration of the Hartwell Pipeline's pig piping scraper trap is in full compliance with § 195.436\nor whether additional protection for the scraper trap is needed to comply with the regulation.\nYou provided a description of the pig piping scraper trap, the security measures in place, and three\nsite pictures. The pig piping scraper trap is very close to OPC's generating plant, and is in full view\nof the plant's security cameras. These security cameras are manned 24 hours a day, seven days per\nweek. The pig piping scraper trap is located up on a hill, away from the road. This road has no thru\ntraffic because it is simply an access road going to OPC's generating plant. Finally, no malicious\nincidents have occurred in the over 15-year history of the Hartwell Pipeline and the related pig piping\nscraper trap.\nFor these reasons, you believe that the current configuration and location of the pig piping scraper\ntrap, along with 24 hour a day, seven days per week security cameras are sufficient to prevent\nvandalism and unauthorized entry. You would like PHMSA to confirm that your configuration\ncomplies with the requirements of § 195.436, or you would like PHMSA to provide guidance as to\nwhat steps OPC must take to ensure the pig piping scraper trap is in compliance with § 195.436.\nSection 195.436 requires that each operator provide protection for each pumping station and breakout\ntank area and other exposed facility, including scraper traps, from vandalism and unauthorized entry.\nThe existing configuration as described does not satisfy the requirement because no such protection\nis provided.\nActions that could satisfy § 195.436 may include locking the pig piping scraper valve, constructing a\nfence adequate to protect the facility from vandalism and unauthorized entry, or both.\nThe Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written clarifications 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\nhe! p the public understand how to comply with the regulations.\n\n<<<PAGE 2>>>\n\n2\nI hope that this information is helpful to you. If I can be of further assistance, please contact me at\n202-366-4046.\nJohn ale\nDirector, Office of Standards\nand Rulemaking\nThe Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written clarifications of the Regulations\n(49 CFR Parts 190-199) in the fonn of interpretation letters. These letters reflect the agency's current application ofthe regulations to the\nspecific facts presented by the person requesting the clarification. Interpretations do not create legally-enforceable rights or obligations and\nare provided to help the public understand how to comply with the regulations.\n\n<<<PAGE 3>>>\n\nSUTHERLAND\nSUTHERLAND ASBILL & BRH1NAN LLP\n1275 Pennsylvania Avenue, piW\nWashington, DC 20004-2415\n202.383.0100 Fax 202.637.3593\nWww,sutherland,corrl\nKIRSTIN E. GIBBS\nDIRECT LINE: 202383.0671\nE-mail: kirstin.gibbs@sutherland.com\nAugust 5,2010\nVIA E-MAIL\nJohn Gale\nDirector of Regulations\nDepartment of Transportation\nOffice of Pipeline Safety\n1200 New Jersey Avenue, S.E.\nWashington, D.C, 20590\nDear Mr. Gale,\nPursuant to our recent telephone conversation, I am writing to inquire about the application of 49\nC.F.R. § 195.4361 to our client's pig piping scraper trap. Specifically, this regulation requires\nthat \"[ e ]ach operator shall provide protection for each pumping station and breakout tank area\nand other exposed facility (such as scraper traps) from vandalism and unauthorized entry.\"\nBackground\nIn October 2009, our client, Oglethorpe Power Corporation (An Electric Membership\nCorporation) (\"OPC\"), acquired 100% of the ownership interests in Hartwell Energy Limited\nPartnership (\"Hartwell\"), including 1 00% ownership of the Hartwell Energy Facility (\"Hartwell\nFacility\") electric generating plant and interconnected oil pipeline (\"Hartwell Pipeline\") located\nat 415 Smith-McGee Highway 181, Hartwell, Georgia, 30643.\nThe Hartwell Pipeline is a 8,520' X 12\" buried steel pipeline and is used to transfer Fuel Oil\nfrom the Plantation Pipe Line Company terminal to the electric generating plant site storage\ntanks. Since its start-up in 1994, the Hartwell Pipeline has been operated only 8 times, with a\ntotal of only 5,921,175 gallons of fuel oil transported. Importantly, there have been no failures\nsince its startup. The Hartwell Pipeline is operated at a very low pressure; it is essentially a\n49 CFR 195.436\nAtlanta AusttlT rmlJsfon wasmngtorHYC------ .... -.--\n\n<<<PAGE 4>>>\n\nLetter to John Gale\nAugust 5, 2010\nPage 2\ngravity-fed pipeline (excluding the motive force derived from the pressure in the Plantation\npipeline from which the Hartwell Pipeline draws fuel oil during fuel delivery operations).\nDuring the due diligence process performed for the facility and pipeline acquisition, OPC\nidentified that the Hartwell Pipeline is subject to certain DOT and PHMSA regulations including\nthe requirements of 49 C.F.R. Part 195. Apparently, the previous pipeline owner and operator\nbelieved mistakenly that the Hartwell Pipeline was exempt from DOT and PHMSA jurisdiction\nbecause it qualified as an exempt low stress pipeline. However, because the Hartwell Pipeline is\nlocated near an Unusually Sensitive Area (Lake Hartwell),2 OPC concluded that certain DOT\nand PHMSA regulations apply to the Hartwell Pipeline. Upon learning ofthe applicability of\ncertain DOT and PHMSA regulations, OPC has undertaken a thorough review of its operations\nto ensure the Hartwell Pipeline is in full compliance and has submitted several compliance\nfilings with the agency.\nQuestion\nOPC is writing to request clarification that the current configuration of the Hartwell Pipeline's\npig piping scraper trap is in full compliance with 49 C.F.R. § 195.436 and that OPC does not\nneed to take additional steps to prevent vandalism and unauthorized entry.\nFor your information, I have attached three (3) pictures that provide a sense of where the pig\npiping is located in relation to OPC's generating plant. As you can see from the pictures, it is\nvery close to OPC's generating plant, and in full view of the plant's security cameras. These\nsecurity cameras are manned 24-hours, 7-days per week. In addition, please note that the pig\npiping is located up on a hill, away from the road. Importantly, this road has no thru traffic\nbecause it is simply an access road going to OPC's generating plant. Finally, I note that no\nmalicious incidents have occurred in the over 15-year history of the Hartwell Pipeline and the\nrelated pig piping scraper trap.\nFor these reasons, OPC believes that the current configuration and location of the pig piping\nscraper trap, along with 24-hour, 7-day per week security cameras are sufficient to prevent\nvandalism and unauthorized entry. Please confirm that our understanding is correct, or please\nprovide guidance as to what steps OPC must take to ensure the pig piping scraper trap is in\ncompliance with 49 C.F.R. § 195.436.\nPlease contact me at 202.383.0671 or at the email address above if you have any questions or\nneed additional information.\n2 See 49 C.F.R. § 195.6\nSUTHERLAND ASBILL & BRENNAN LLP\n\n<<<PAGE 5>>>\n\nLetter to John Gale\nAugust 5, 2010\nPage 3\nThank you for your assistance with this matter.\nKirsti\nAttorney for\nOglethorpe Power Corporation (An Electric Membership Corporation)\nAttachments\ncc: Kim Haynes, OPC\nSUTHERLAND ASBILL & BRENNAN LLP\n\n<<<PAGE 6>>>\n\n\n\n<<<PAGE 7>>>\n\n\n\n<<<PAGE 8>>>","truncated":false,"body_characters":8368}