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Interpretation Response #PI-75-033 ([Tennessee Public Service Commission] [John Searcy])

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

Interpretation Response Details

Response Publish Date:

Company Name: Tennessee Public Service Commission

Individual Name: John Searcy

Location State: TN Country: US

View the Interpretation Document

Response text:

July 2, 1975

Mr. John Searcy
Engineering Division
Tennessee Public Service Commission
Cordell Hull Building
Nashville, Tennessee 37219

Dear Mr. Searcy:

This refers to your letter of June 19, 1975, transmitting a letter petition for waiver from
compliance with 49 CFR 192.455(a) by the Memphis Light, Gas and Water Division as to
facilities apparently within the Commission's jurisdiction.

Because of the unique Federal and State relationship under the Natural Gas Pipeline Safety Act of
1968, a petition for waiver regarding intrastate gas pipeline facilities under the jurisdiction of a
State agency that has in effect a certification under §5(a) of the Act is properly submitted to that
State agency. While §3(c) of the Act provides that the Secretary of Transportation finally
determines whether the requested waiver may be granted, the Act is clear that the State agency,
and not the Secretary, decides initially whether to grant or deny the waiver request.

Thus, the letter of petition is returned herewith.

Sincerely,

'signed'

Joseph C. Caldwell
Director
Office of Pipeline Safety
Enclosure

Regulation Sections