{"operation":"document","citation":"PI-71-090","title":"Cody Gas Company — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1971-12-28","effective_on":null,"summary":"PI-71-090 response to Cody Gas Company concerning 191.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-71-090.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-71-090.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-71-090","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1971/PI71090.pdf","body":"<<<PAGE 1>>>\n\nDecember 28, 1971\nMr. T. E. Hedderman\nCody Gas Company\nBox 990\nCody, Wyoming 82414\nDear Mr. Hedderman:\nThis is in further response to your letter of September 22, 1971,\ninquiring about leak reporting.\nYou have asked whether a gas leak that occurred inside a house is\na reportable leak under the provisions of 49 CFR Part 191. In\nour opinion, any leak that constitutes an unintended escape of\ngas, that results directly from or that has a contributing cause,\na defect or act on a pipeline facility over which the Department\nhas jurisdiction, is reportable under Part 191. This assumes\nthat the leak meets the other criteria for reporting that are\nstated in those regulations. If, however, the defect or act and\nthe escape of the gas occurs outside our jurisdiction, then it is\nnot reportable under Part 191.\nUnder Section 3 of the Natural Gas Pipeline Safety Act, the\nSecretary of Transportation has the authority and responsibility\nto establish safety standards to protect the public. By\ndelegation from the Secretary, the Office of Pipeline Safety,\nthrough these standards, regulates safety for the transportation\nof gas and the pipeline facilities used for that transportation.\nWith this authority to establish safety standards designed to\nregulate or prevent activities that might cause the escape of gas\nand therefore endanger the public, this office may regulate\nactivities that occur upstream from the downstream side of the\ncustomers meter, that is the limit of the jurisdiction retained\nunder the Act.\nTo assist in carrying out the regulatory responsibility, Section\n12 of the Act requires operators to \"...maintain such records,\nmake such reports, and provide such information as the Secretary\nmay reasonably require....\" Based upon this authority that has\nbeen delegated to this office, reporting is required with respect\nto those pipeline facilities and activities where there is\njurisdiction to act. Requiring a report of incident that\nproximately results in the escape of gas and danger to the\npublic, regardless of the physical location of that escape and\ndanger, is a reasonable exercise of the authority.\nIn short, if the act that causes the escape or danger occurs\nwhere there is authority to regulate a report is required\nregardless of the physical location of the escape.\ndal\\191.0\\1\\71-12-28\n1\n\n<<<PAGE 2>>>\n\nThus, this office regulates activities that occur upstream from\nthe downstream side of the customer's meter, but does not\nregulate the type of activity to which you refer that takes place\nin total downstream of the customer's meters.\nIf you have further questions, please feel free to contact us.\nSincerely,\nJoseph C. Caldwell\nActing Director\nOffice of Pipeline Safety\ndal\\191.0\\1\\71-12-28\n2","truncated":false,"body_characters":2734}