Thought Leadership
Pennsylvania’s New Gas and Hazardous Liquids Pipeline Act
KL Gates LLP, January 3, 2012
The term “pipeline” is expansively defined to include not only the pipeline itself, but also compressor stations, metering stations and appurtenant facilities. The terms “gas” and “hazardous liquids” include not only natural gas, but also such materials as liquefied natural gas, landfill gas, petroleum etc. This also includes other materials classified as “hazardous” under the federal pipeline safety laws. Hence, most operators of pipelines and related facilities in Pennsylvania will be subject to the PUC’s safety regulation.
Federal Standards
The Act incorporates federal pipeline safety standards and authorizes the PUC to enforce those standards on pipeline operators.
Investigation Authority
The Act gives the PUC authority to investigate and enforce federal pipeline safety standards. The PUC has announced plans to expand the pipeline safety team within the agency.
Registration Requirements
Pipeline operators subject to the Act must register with the PUC. The Act does not indicate when registrations are due or what information is required to be submitted with each registration. Nonetheless, the Act does give the PUC authority to develop an application for registration and charge registration fees.
Steel Products
Annual Reports
On or before March 31 of each year, pipeline operators subject to the Act must file annual reports disclosing the pipeline operator’s total miles of regulated pipeline in the Commonwealth during the prior calendar year.
Assessments
The PUC is an independent agency that is generally self-funded. The PUC makes annual assessments on all entities subject to its jurisdiction and recovers from those entities their proportionate share of the costs of regulation.
The Act incorporates the assessment process of Section 510. This authorizes the PUC to determine by regulation or order annual assessments against pipeline operators to recover the cost of regulation based on the number of miles of regulated pipeline.
Civil Penalties
The Act authorizes the PUC to assess and recover civil penalties of the greater of: (1) $10,000 per violation for each day the violation persists; or (2) a penalty provided for under the federal pipeline safety laws.
No Ratemaking Authority; No Effect on Definition of “Public Utility”
The Act does not give the PUC any additional jurisdiction for purposes of establishing rates or any matters other than the safety and additional requirements created by the Act. Nor does the give the PUC the authority to determine the status of or regulate a pipeline operator as a public utility as defined in the Public Utility Code.
Safety Standards
Pipeline facilities subject to the new legislation already meet or exceed federal safety standards. However, pipeline operators should assure that proposed facilities meet or exceed those standards to avoid administrative liability under the Act.
Work with the PUC on Regulations and Forms
Gathering system and other pipeline facility operators, as well as others in the industry, will want to engage actively with the PUC in the development of regulations and forms to implement the Act. Issues such as how to address steel product origin requirements, the format and content of reports, and other matters need to be fleshed-out with active input from industry stakeholders.
Gather Information to Comply with Administrative Measures
Pipeline operators should be sure that they have identified all the information required by the Act for registration and reporting. Thereafter, they need to be prepared to submit that information in the manner prescribed by the PUC for the purposes described in the Act. Furthermore they must bear in mind that the Act creates a March 31 deadline for annual reporting.
Prepare for Assessments
As noted, the Act incorporates the assessment procedures contained in Section 510 of the Public Utility Code. Pipeline operators must object to individual assessments issued by the PUC within 15 days of receiving the assessment. Within 30 days of receiving the assessment, the pipeline operator must submit payment. In the recent past, the PUC’s assessments frequently have been the subject of litigation before the agency and the Pennsylvania appellate courts. The issue in controversy has frequently involved the over-allocation of the agency’s total overhead costs on particular utility classes. Similar issues may arise in the agency’s calculation of the pipeline assessments. Pipeline operators should examine the assessment notice carefully. After which, they must be prepared to file objections if necessary. Objection can be filed with the assistance of experienced counsel, within 15 days of receiving the notice. Payment of the assessment would still be required within 30 days of receiving the assessment notice. However, the submittal of the objection preserves the opportunity to receive a refund of any overpayment of assessments.