PENNSYLVANIA PUBLIC UTILITY COMMISSION
Harrisburg, PA 17105-3265
Public Meeting held January 12, 2012
Commissioners Present:
Robert F. Powelson, Chairman, Joint Statement
John F. Coleman, Jr., Vice-Chairman
James H. Cawley
Wayne E. Gardner
Pamela A. Witmer, Joint Statement
Act 127 of 2011 The Gas and Hazardous
Liquids Pipeline Act; Assessment of Pipeline Operators
M-2012-2282031
TENTATIVE IMPLEMENTATION ORDER
BY THE COMMISSION:
On December 22, 2011, Governor Corbett signed the Gas and Hazardous Liquids Pipelines Act (Pipeline Act), Act 127 of 2011. The Pipeline Act provides authority to the Pennsylvania Public Utility Commission (Commission) to enforce Federal pipeline safety laws as they relate to non-public utility gas and hazardous liquids pipeline equipment and facilities within the Commonwealth of Pennsylvania. Given the increase in gas production in Pennsylvania in recent years, additional pipeline safety inspectors are needed to help protect public safety and to help protect Pennsylvanias environmental resources.
I. Duties of the Commission under the Pipeline Act.
First and foremost, the Pipeline Acts requires the Commission to enforce the federal safety standards and regulations for pipeline operators in the Commonwealth. These standards are set forth in 49 U.S.C. Chapter 601 (relating to safety), the Hazardous Liquid Pipeline Safety Act of 1979 (Public Law 96-129, 93 Stat. 989), the Pipeline Safety Improvement Act of 2002 (Public Law 107-355, 116 Stat. 2985) and the regulations promulgated under these Acts. These regulations can be found in Part 49 of the Code of Federal Regulations, Subtitle B, Chapter I, Subchapter D.
In order to carry out this mandate, the Pipeline Act authorizes the Commission to create a registry of all jurisdictional pipeline operators. The registration, which shall be renewed annually, shall include the location of the pipeline by class location and approximate aggregate miles of pipeline. The Commission is also authorized to fund these activities through an annual assessment on pipeline operators.
In conjunction with the creation of the registry, the Pipeline Act also authorizes the Commission to promulgate regulations necessary to carry out the enforcement of the Federal pipeline safety laws, provided that the regulations are no more stringent than or not inconsistent with applicable federal law or regulations.
Lastly, the Commission must require all pipeline operators to disclose to the Commission the country of manufacture for all tubular steel products used in the exploration, gathering or transportation of natural gas or hazardous liquids.
A. Pipeline Operator Registry.
In accordance with the Pipeline Act, the Commission must develop and maintain a registry of pipeline operators within the Commonwealth of Pennsylvania. Pipeline operator is defined in the Act as a person that owns or operates equipment or facilities in this Commonwealth for the transportation of gas or hazardous liquids by pipeline or pipeline facility regulated under Federal pipeline safety laws. However, the term pipeline operator does not include a public utility or an ultimate consumer who owns a service line on the real property of the ultimate consumer.
i. General Rule.
Any entities that meet the definition of pipeline operator for activities, facilities or equipment within the Commonwealth of Pennsylvania must register annually with the Commission. /1/ Registrants are expected to file their forms using the Commissions eFile system.
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/1/ Included in this are Pennsylvania Boroughs that fall within the definition of pipeline operators. Such entities, are, however, exempt from paying either the initial or annual registration fees.
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Registration consists of providing the information found on the initial registration form attached hereto as Appendix A, along with a registration fee of $250. As indicated on the Registration Form, registrants must provide contact information, /2/ their U.S. DOT Operator ID number, and Federal Employee Identification number (EIN). The Commission will organize its registry based on U.S. DOT Operator ID numbers, with the result being that multiple entities which operate all under one U.S. DOT Operator ID number will register as a single pipeline operator (listing all entities using that ID number). An entity with multiple U.S. DOT Operator ID numbers must register each U.S. DOT Operator ID number as a separate pipeline operator. Registrants must provide their pipeline mileage for class 1 pipeline serving unconventional wells, as well as for all class 2, 3, and 4 pipelines.
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/2/ The person or persons listed should have knowledge of the registrants Pennsylvania operations and be reasonably available to be contacted by Commission personnel should an emergency arise with those operations.
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In addition registrants must provide the country of manufacture for all tubular steel product installed in the prior calendar year (January 1st through December 31st) in Pennsylvania for the exploration, gathering, or transportation of natural gas or hazardous liquids. For purposes of this provision, tubular steel product means the actual pipe to be used in the transportation of gas and excludes valves as well as other facilities or equipment. Registrants should provide the length of all such tubular steel products in feet. Registrants may rely upon the indication of the country of manufacture on purchase invoices or upon the stamp on the product itself. Registrants should indicate the length of such product installed in the prior year for which the country of manufacture is unknown. The Commission is open to other reasonable, practicable methods to collect this information.
Pipeline operators are responsible to promptly update the Commission with any changes to their contact information. Pipeline operators who fail to register shall be subject to civil penalties as set forth in Section 502 of the Pipeline Act.
ii. Initial Registration and Renewal of Annual Registration.
This annual registration must be submitted to the Commission by March 31st of each year. However, for the 2012 registration only, registration is due by March 16, 2012. The registration is due earlier than usual for the first year in order to commence the Commissions increased gas safety duties under the Pipeline Act as soon as practicable.
As part of the initial implementation of the Pipeline Act, a Secretarial Letter, the Implementation Order, and the Registration Form will be sent to entities which the Commission believes may be pipeline operators pursuant to the Pipeline Act. These entities who are pipeline operators pursuant to the Pipeline Act should complete and return the Registration Form to the Commission by March 16, 2012. Entities who are not pipeline operators pursuant to the Pipeline Act need not register, but should email Commission staff at ra-Act127@pa.gov with a justification in order to be removed from the Commissions mailing list. An entitys determination that they are not required to register under the Pipeline Act is subject to review by the Commission. Any entity that does not register that is subsequently found to be a jurisdictional pipeline operator under the Pipeline Act may be subject to an enforcement action and fine.
iii. Exemption from Registration.
No registration is required of a petroleum gas distributor who is registered under the Act of June 19, 2002 (P.L. 421, No. 61), known as the Propane and Liquefied Petroleum Gas Act; however such entity must provide proof of registration with Pennsylvania Department of Labor and Industry to the Commission in lieu of registration.
B. Assessment.
As noted above, the Commission is authorized to fund its enforcement of the Pipeline Acts requirement through an annual assessment on pipeline operators. The Pipeline Act provides for the assessment of pipeline operators in three steps. First, the Commission must establish and maintain the registry of all gas and hazardous liquids pipeline operators discusses above. Second, the Commission must determine the Commission's total annual costs (excluding costs otherwise reimbursed by the Federal Government), plus a reasonable allocation of indirect costs, of its gas and hazardous liquids pipeline safety program. Third, the Commission will assess each pipeline operator for their share of the Commissions costs based on the miles of pipeline operated in the Commonwealth of Pennsylvania.
i. Determination of Commission Costs.
The Commission shall determine an appropriate annual assessment designed to collect the Commission's total annual costs of its gas and hazardous liquids pipeline safety program, plus a reasonable allocation of indirect costs. For assessment purposes, the Commissions total annual costs will exclude the costs otherwise reimbursed by the Federal Government as well as any costs otherwise recovered through annual registration fees paid by pipeline operators.
The Commission will determine its annual costs based upon its fiscal year, which runs from from July 1st through June 30th. Under the Commissions normal assessment process, assessment payments would be based upon the Commissions approved budget and due after the July 1 start of the fiscal year.
However, for the Commissions 2011-12 fiscal year, the annual assessment for the Commissions costs for the period from February 20, 2012, the effective date of the Pipeline Act, through June 30, 2012 will be estimated. Invoices for this assessment will be issued by March 30, 2012, with payment due no later than April 30, 2012. In order to fund the cost of the Commissions expanded pipeline safety program as soon as practicable though, the Commission requests that pipeline operators submit payment by April 16, 2012, or as soon thereafter as each operator is able.
The annual assessment for the Commissions costs for the 2012-13 fiscal year (July 1, 2012 through June 30, 2013) will also be estimated. Invoices for this assessment will be issued in July 2013, with payment due 30 days thereafter.
For each fiscal year, the Commission will reconcile any over or under collection of the Commissions costs. Due to the need to estimate the costs for the first year of the program, the initial annual reconciliation will occur in the Commissions computation of the assessment for the 2013-14 fiscal year.
For each fiscal year after the 2012-13 fiscal year, the Commissions annual costs for its pipeline safety program under the Pipeline Act will be in accordance with its approved budget.
ii. Assessment of Pipeline Operators.
The assessment to cover the Commissions costs shall be apportioned to pipeline operators based upon the number of miles of pipeline operated in the previous calendar year. The Commissions Fiscal Office will take the Commissions budgeted costs for its gas and hazardous liquids pipeline safety program and divide that number by the total number of miles of pipelines operated by all pipeline operators in the Commonwealth of Pennsylvania, thereby determining the Commissions cost per mile of pipeline. The Fiscal Office will then create an invoice for each pipeline operator by multiplying the cost per mile by the number of miles of jurisdictional pipeline of that pipeline operator. The Fiscal Office will then mail an invoice to each pipeline operator, which will be due and payable to the Commission within 30 days of the postmark date of the invoice.
II. Conclusion.
The Pipeline Act expands the Commissions jurisdiction over entities not previously regulated by the Commission and includes a new assessment for the anticipated costs of this pipeline safety program. Therefore, to ensure that our approach is reasonable and consistent with the Pipeline Act, we shall issue this order in tentative form so as to allow interested parties to file formal comments for our consideration before we make this implementation order final. Also, in addition to serving this tentative order on wide set of pipeline entities that are likely to be subject to this new law, we shall also publish this order in the Pennsylvania Bulletin and host a teleconference in which interested persons may ask questions about our tentative implementation plan. The teleconference will be held at 9:00 a.m. on Thursday, January 26, 2012. Due to a limitation on the number of lines that are available, a second session will be held at 10:30 a.m. on the same date if needed to accommodate all requests. To request call-in information and submit questions to be addressed at the teleconference, please email the Commission at ra-Act127@pa.gov by 5 p.m., January 23, 2012. THEREFORE,
IT IS ORDERED:
1. Upon issuance of the Final Implementation Order, that all pipeline operators in the Commonwealth of Pennsylvania shall file with the Commission an Initial Registration Form (attached hereto as Appendix A) by March 16, 2012, and an Annual Registration Form by March 31st of each year thereafter, in accordance with the Final Implementation Order and the then-current Pipeline Operator Annual Registration Form.
2. That the Commissions Fiscal Office shall compute the annual assessment for each pipeline operator based on the pipeline operators current registration form and in accordance with the Pipeline Act.
3. That all pipeline operators subject to the Pipeline Act shall pay their assessment within 30 days of the postmark date of the invoice. For the 2011-12 assessment only, the Commission will issue invoices on March 30, 2012, and payment of these invoices will be due on April 30, 2012. In order to fund the cost of the Commissions expanded pipeline safety program as soon as practicable though, the Commission requests that pipeline operators submit payment by April 16, 2012, or as soon thereafter as each operator is able.
4. That, as part of the initial implementation of the Pipeline Act, a Secretarial Letter, the Tentative Implementation Order and the Registration Form be sent to entities which the Commission believes are likely to be pipeline operators as defined in the Pipeline Act. Entities who are not pipeline operators pursuant to the Pipeline Act need not register, but should email Commission staff at ra-Act127@pa.gov with a justification in order to be removed from the Commissions mailing list.
5. Any interested party may submit comments regarding this Tentative Implementation Order within twenty days of entry of this Order.
6. That a copy of this Tentative Order shall be published in the Pennsylvania Bulletin and posted on the Commissions website.
BY THE COMMISSION
Rosemary Chiavetta
Secretary
(SEAL)
ORDER ADOPTED: January 12, 2012
ORDER ENTERED: January 12, 2012