PSC-37-09-00013-P Waiver of 49 CFR Part 192.233(a) and 16 NYCRR Section 255.233(a)

9/16/09 N.Y. St. Reg. PSC-37-09-00013-P

NEW YORK STATE REGISTER

VOLUME XXXI, ISSUE 37

September 16, 2009

RULE MAKING ACTIVITIES

PUBLIC SERVICE COMMISSION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PSC-37-09-00013-P

Waiver of 49 CFR Part 192.233(a) and 16 NYCRR Section 255.233(a)

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

The Commission is considering a petition from Brooklyn Union Gas Company d/b/a National Grid NY requesting waivers of Federal and State requirements to permit an increase in the maximum allowable operating pressure of a portion of its Clove Lakes pipeline.

Statutory authority:

Public Service Law, sections 2, 5, 65 and 66

Subject:

Waiver of 49 CFR Part 192.233(a) and 16 NYCRR section 255.233(a).

Purpose:

To consider the Company's request for a waiver of 49 CFR Part 192.233(a) and 16 NYCRR section 255.233(a).

Substance of proposed rule:

By petition dated July 15, 2009, the Brooklyn Union Gas Company d/b/a National Grid, (the Company) seeks approval for a waiver of the New York State and Federal pipeline miter joint requirements (16 NYCRR § 255.233(a) and 49 CFR § 192.233(a)) to enable the Company to increase the maximum allowable operating pressure of its Clove Lakes Pipeline on Staten Island, New York. The Company requests to increase the maximum allowable operating pressure of 419 psig to 550 psig, which would increase the specified minimum yield strength up to 40%, 10% greater than allowed in the current pipeline safety standards listed above. The Commission is considering whether to grant or deny, in whole or in part, approval of the waiver.

Text of proposed rule and any required statements and analyses may be obtained by filing a Document Request Form (F-96) located on our website http://www.dps.state.ny.us/f96dir.htm. For questions, contact:

Leann Ayer, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Jaclyn A. Brilling, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, [phone], email: [e-mail]

Public comment will be received until:

45 days after publication of this notice.

Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement

Statements and analyses are not submitted with this notice because the proposed rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.

(09-G-0552SP1)