Interpretation Response #PI-71-090 ([Cody Gas Company] [T. E. Hedderman])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 12/28/1971

Company Name: Cody Gas Company

Individual Name: T. E. Hedderman

Location State: WY Country: US

View the Interpretation Document

Response text:

December 28, 1971

Mr. T. E. Hedderman
Cody Gas Company
Box 990
Cody, Wyoming 82414

Dear Mr. Hedderman:

This is in further response to your letter of September 22, 1971,
inquiring about leak reporting.

You have asked whether a gas leak that occurred inside a house is
a reportable leak under the provisions of 49 CFR Part 191. In
our opinion, any leak that constitutes an unintended escape of
gas, that results directly from or that has a contributing cause,
a defect or act on a pipeline facility over which the Department
has jurisdiction, is reportable under Part 191. This assumes
that the leak meets the other criteria for reporting that are
stated in those regulations. If, however, the defect or act and
the escape of the gas occurs outside our jurisdiction, then it is
not reportable under Part 191.

Under Section 3 of the Natural Gas Pipeline Safety Act, the
Secretary of Transportation has the authority and responsibility
to establish safety standards to protect the public. By
delegation from the Secretary, the Office of Pipeline Safety,
through these standards, regulates safety for the transportation
of gas and the pipeline facilities used for that transportation.

With this authority to establish safety standards designed to
regulate or prevent activities that might cause the escape of gas
and therefore endanger the public, this office may regulate
activities that occur upstream from the downstream side of the
customers meter, that is the limit of the jurisdiction retained
under the Act.

To assist in carrying out the regulatory responsibility, Section
12 of the Act requires operators to "...maintain such records,
make such reports, and provide such information as the Secretary
may reasonably require...." Based upon this authority that has
been delegated to this office, reporting is required with respect
to those pipeline facilities and activities where there is
jurisdiction to act. Requiring a report of incident that
proximately results in the escape of gas and danger to the
public, regardless of the physical location of that escape and
danger, is a reasonable exercise of the authority.

In short, if the act that causes the escape or danger occurs
where there is authority to regulate a report is required
regardless of the physical location of the escape.

Thus, this office regulates activities that occur upstream from
the downstream side of the customer's meter, but does not
regulate the type of activity to which you refer that takes place
in total downstream of the customer's meters.

If you have further questions, please feel free to contact us.

Sincerely,

Joseph C. Caldwell
Acting Director
Office of Pipeline Safety

Regulation Sections