Federal Guidance for Federal Guidance for Pipeline Rights-of-WayPipeline Rights-of-Way

Daron K. MooreDaron K. Moore

El Paso Pipeline GroupEl Paso Pipeline Group

November 16, 2007November 16, 2007

2

Major Discussion PointsMajor Discussion Points

On the Right-of WayOn the Right-of Way Near the Right-of-WayNear the Right-of-Way Existing GuidanceExisting Guidance Possible Future GuidancePossible Future Guidance

3

On the Right-of-WayOn the Right-of-Way

Easement agreements are legal Easement agreements are legal documents in place now and into the documents in place now and into the futurefuture

Pipeline operators need public’s Pipeline operators need public’s cooperation with early notice of intent to cooperation with early notice of intent to build on or alter right-of-way, heavy build on or alter right-of-way, heavy equipment operation on ROWequipment operation on ROW

Operators need to notify public of safety Operators need to notify public of safety needs and how easement is affectedneeds and how easement is affected

4

Connecticut Easement and Connecticut Easement and SurroundingsSurroundings

5

Off the Right-of-WayOff the Right-of-Way No easement or other legal agreements No easement or other legal agreements

existexist Public’s activities may affect pipeline Public’s activities may affect pipeline

safetysafety Full recognition of siting and acceptance Full recognition of siting and acceptance

of responsibility is necessaryof responsibility is necessary Activities which affect pipeline safety need Activities which affect pipeline safety need

to be consideredto be considered BlastingBlasting Contouring or terracingContouring or terracing Clear cuttingClear cutting

6

Connecticut Easement and Connecticut Easement and SurroundingsSurroundings

7

Existing GuidanceExisting Guidance

Easement agreements and other legal Easement agreements and other legal documents are only existing guidance, documents are only existing guidance, others are less formal or very specificothers are less formal or very specific

Pipeline operators work within Pipeline operators work within bounds of easement agreements, can bounds of easement agreements, can only affect easementonly affect easement

Following authorization from the Following authorization from the easement holder, the public can work easement holder, the public can work on easements or around easements, on easements or around easements, and can affect safety both waysand can affect safety both ways

8

Possible Future Possible Future GuidanceGuidance

Easement structure threat characterizationEasement structure threat characterization Walls and fencesWalls and fences Excavations (pools, decks, roads)Excavations (pools, decks, roads) Large vegetationLarge vegetation

Written guidance of public’s responsibilities Written guidance of public’s responsibilities (PIPA)(PIPA)

Federal regulations would seem difficult due Federal regulations would seem difficult due to varying physical characteristics, types and to varying physical characteristics, types and ages and dimensions of easements, and lack ages and dimensions of easements, and lack of jurisdiction over near right-of-way usersof jurisdiction over near right-of-way users

9

Conclusions and Possible Conclusions and Possible SolutionsSolutions

Pipeline safety is paramount and must be key factor in all Pipeline safety is paramount and must be key factor in all deliberationsdeliberations

Effective land use planning, zoning, and real estate Effective land use planning, zoning, and real estate disclosures are community issuesdisclosures are community issues

Early public disclosure of planned activities to existing Early public disclosure of planned activities to existing pipeline operators and early pipeline disclosure of new pipeline operators and early pipeline disclosure of new pipelinespipelines

All parties must accept responsibility for actions, along both All parties must accept responsibility for actions, along both existing and new pipelinesexisting and new pipelines

All parties (operators, excavators, landowners, developers, All parties (operators, excavators, landowners, developers, regional government, etc) should accept responsibility and regional government, etc) should accept responsibility and have needs and desires represented in PIPA process, but have needs and desires represented in PIPA process, but open discussion and willingness to recognize needs of other open discussion and willingness to recognize needs of other parties is criticalparties is critical

Federal guidance exists in regulations and is adequately Federal guidance exists in regulations and is adequately flexible to meet most needs; further needs are addressed on flexible to meet most needs; further needs are addressed on individual basis and are enforceable on the ROW by individual basis and are enforceable on the ROW by regulatory agenciesregulatory agencies