Interpretation Response #PI-75-025 ([State of New York] [Robert L. Swartwout])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: State of New York
Individual Name: Robert L. Swartwout
Location State: NY Country: US
View the Interpretation Document
Response text:
May 30, 1975
Mr. Robert L. Swartwout
Energy Division-Gas
State of New York
Public Service Commission
44 Holland Avenue
Albany, New York 12208
Dear Mr. Swartwout:
This letter refers to the 6.16 miles of coated gas pipelines for which the Commission by order
dated March 18, 1975, granted the National Fuel Gas Distribution Corporation a waiver from
compliance with a State requirements that all transmission lines be cathodically protected by
August 1, 1974. The waiver extended the deadline for compliance until November 1, 1975.
In our letter of April 15, 1975, we asked if the pipelines fall within the definition of "transmission
liens" under 49 CFR 192.3, even though they operate at less than 20 percent of specified
minimum yield strength. Because the waiver does not apply to Federal standards, this question is
relevant to whether the pipelines are in violation of the August 1, 1974, deadline for cathodic
protection of effectively coated transmission lines under 49 CFR 192.457.
Your response, dated May 1, 1975, states your conclusion that the pipelines, which stem from
interstate transmission lines and run to regulator stations supplying distribution systems, are
classified as "distribution lines" under 49 CFR 192.3. You apparently reach this conclusion
because the interstate liens are not gathering lines or storage facilities within the meaning of clause
(1) of the definition of "transmission line" in 49 CFR 192.3, which reads:
"'Transmission line' means a pipelines, other then a gathering line, that - (1) Transports gas from a gathering line or storage facility to a distribution center or storage facility."
It appears to us, however, based on the information you have provided, that the 6.16 miles of
pipelines are lateral extensions of interstate transmission lines which serve distribution centers.
When viewed in this respect, the beginnings of these lines are not the interstate lines, themselves,
but the sources of the interstate lines. If these sources are gathering lines or storage facilities,
then the 6.16 miles of pipelines would fit the definition of transmission line.
Also for purposes of classification under 49 CFR Part 192, a "distribution line" is either a main or
a service line. By definition in 49 CFR 192.3, a main is a source of supply for service lines. Because there is no indication that the 6.16 miles of pipelines are service lines or have services
connected to them, we are further unable to agree that the pipelines are distribution lines.
Based on our comments, we would appreciate your advising whether or not it is still your opinion
that the 6.16 miles of pipelines are distribution lines under 49 CFR Part 192 and giving us your
reasons. If not, does the Commission intend to revise the March 18 order to make it applicable to
49 CFR 192.457?
Sincerely,
Joseph C. Caldwell
Director
Office of Pipeline Safety