Section 407-420-9 - Federal Regulation WaiversUpon application by an operator, the MPUC may grant a waiver from compliance with the federal gas pipeline safety regulations for intrastate pipeline transportation, subject to review by PHMSA.
A. The MPUC may grant waivers for particular circumstances where it is inappropriate for an operator to follow a regulation of general applicability.B. Before granting a waiver, the MPUC must give notice and opportunity for written comments and hearing, unless the it finds that notice is impracticable, unnecessary, or not in the public interest.C. If the MPUC finds that a requested waiver is consistent with gas pipeline safety and is otherwise justified, the waiver must be issued under appropriate terms and conditions with a statement of reasons for granting the waiver.D. If the MPUC finds a requested waiver is inconsistent with gas pipeline safety or is otherwise unjustified, the request must be denied, and the applicant notified of the reasons for denial.E. The MPUC must give PHMSA written notice of each waiver at least 60 days before it becomes effective. Each notice of waiver must provide the following information:1. The name, address, and telephone number of the applicant;2. The safety standards involved;3. A description of the pipeline facilities involved;4. The justification for the waiver, including the reasons why the standards are not appropriate and why the waiver is consistent with gas pipeline safety.65-407 C.M.R. ch. 420, § 9