{"operation":"document","citation":"PI-77-030","title":"Public Service Commission of the District of Columbia — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1977-12-16","effective_on":null,"summary":"PI-77-030 response to Public Service Commission of the District of Columbia concerning 192.457.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-77-030.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-77-030.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-77-030","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1977/PI77030.pdf","body":"<<<PAGE 1>>>\n\nDecember 16, 1977\nMs. Mary E. Brazelton\nExecutive Secretary\nPublic Service Commission\nof the District of Columbia\n1625 I Street, N.W.\nWashington, D.C. 20006\nDear Ms. Brazelton:\nThank you for your letter of November 18, 1977, expressing the Commission's concern over the\nsafety of master meter systems in the District and indicating that with proper legal authority the\nCommission could take action to correct the problems.\nWe have for years advocated that State agencies (including the District) assume full regulatory\njurisdiction over all intrastate pipeline facilities that are subject to the Natural Gas Pipeline Safety\nAct of 1968 (49 USC 1671 et seq.) Most areas where jurisdiction is lacking, such as master\nmeter systems, are better suited for State than Federal enforcement activities.\nHowever, until full jurisdiction can be achieved, the Act provides an alternative legal basis for\nState action. Under Sec. 5(b) of the Act (49 USC 1674(b)), a State agency may be authorized by\nagreement to carry out an inspection program on behalf of the Department for intrastate pipeline\nfacilities not covered by an annual certification under Sec. 5(a). Although a Sec. 5(b) agreement\nwould not empower a State agency to impose sanctions against violators, all other aspects of a\ncompliance program could be carried out. If the Commission were to enter into such an\nagreement, we believe it would solve the immediate problem of not having legal authority to\ncorrect safety problems in master meter systems in the District. We would be happy to meet with\nyou at your convenience to discuss this matter further.\nAs for the 1978 Seminar, master meter operators may be invited from the District. You should\nadvise the Maryland and Delaware agencies of your plans as they may wish to do the same thing\nand there is a limit of 75 students from all three States.\nSincerely,\nCesar DeLeon\nActing Director\nOffice of Pipeline\nSafety Operations\ndal\\192\\457\\77-12-16\n1\n\n<<<PAGE 2>>>\n\nPUBLIC SERVICE COMMISSION\nOF THE DISTRICT OF COLUMBIA\nNovember 18, 1977\nMr. Cesar DeLeon\nDirector, Office of Pipeline Safety Operations\nDepartment of Transportation\nMaterials Transportation Bureau\n2100 2nd Street, S.W.\nWashington, D.C. 20590\nDear Mr. DeLeon: Subject: Master Meter Operators\nIn Washington, D.C.\nDuring most of 1977, this Commission (PSC) has been actively engaged in efforts to bring\nWashington, D.C.'s Master Meter Operators into compliance with CFR Part 191 and 192. By\nApril 26, 1977, Washington Gas Light Company (WGL) had compiled and submitted the attached\nlisting of its customers who were master meter operators in the Washington, D.C., area. This\nCommission has been interfacing with various master meter operators, but, as our Corporation\nCounsel advised Mr. Lance Heverly of your office on October 7, 1977, PSC lacks legal\njurisdiction over master meter operators. Based upon this information, your personnel explained\nthe disadvantages of PSC even making master meter contacts as long as we lack legal authority to\nenforce Parts 191 and 192 in master meter applications. Only your office has this authority, we\nlearned, and this leads us into the following issues:\n1. Safety Compliance. Will you please use your legal authority to help us correct\ndangerous conditions which prevail in some of Washington, D.C.'s master meter operations?\nSome of these problems are ideally suited to the application of your Federal resources and the\nlegal authority which this Commission does not have.\n2. State Agency/OPSO Seminar. OPSO has scheduled Maryland, Delaware, and the\nDistrict of Columbia to hold a joint State Agency/OPSO Seminar during 1978. It would be\nbeneficial, we believe, to invite the master meter operators of the District of Columbia to this\nseminar since this would probably give many of them their first comprehensive exposure to your\nregulations and to the Act. Inasmuch as OPSO is the agency with the legal authority to enforce\nParts 191 and 192, it should invite the operators as one of the host Commissions. The Public\ndal\\192\\457\\77-12-16\n2\n\n<<<PAGE 3>>>\n\nService Commission of D.C. could invite as the host Commission, or both PSC and OPSO in\nsome joint manner could extend the invitation.\nYour questions and correspondence on this matter may be addressed to Mr. Kenneth\nFreelain of this Commission (telephone 634-4321). We thank you for exploring these issues with\nus.\nVery truly yours,\nMary E. Brazelton\nExecutive Secretary\ndal\\192\\457\\77-12-16\n3","truncated":false,"body_characters":4472}