An Act To Authorize the Public Utilities Commission To Exercise Jurisdiction over Private Natural Gas Pipelines To Ensure Safe Operation
Maine Legislature, Session 125, LD 1545
Committee: Energy, Utilities and Technology
Sponsors: RAYE, MAKER, BURNS, TILTON, TURNER
Amends: 35-A MRSA §4517

Legislative Document 
No. 1545 
S.P. 492 
In Senate, May 3, 2011 
An Act To Authorize the Public Utilities Commission To Exercise 
Jurisdiction over Private Natural Gas Pipelines To Ensure Safe 
Operation 
(AFTER DEADLINE) 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by President RAYE of Washington. 
Cosponsored by Representative MAKER of Calais and 
Representatives: BURNS of Whiting, McFADDEN of Dennysville, TILTON of Harrington, 
TURNER of Burlington. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, there is an immediate need within the State to facilitate the construction 
of private natural gas pipelines to enable consumers to lower their energy costs and 
reduce their emissions; and 
Whereas, in order to encourage investment in private natural gas pipelines, the 
State, rather than the Federal Government, should be responsible for the safety regulation 
of such pipelines; and 
Whereas, because the permitting, approval and construction process for a private 
natural gas pipeline can take many months, it is necessary to make changes to Maine law 
to enable such pipelines to be built during the current construction season; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  35-A MRSA §4517 is enacted to read: 
§4517.  Private natural gas pipelines 
1.  Private natural gas pipelines; definition.  As used in this section, "private 
natural gas pipeline" means a pipeline that is used solely for the transport of natural gas to 
a single customer, is owned by the customer or an affiliate of the customer and is not a 
natural gas pipeline utility or gas utility. 
2.  Safety regulation.  The commission may exercise safety regulation over an entity 
that owns or operates a private natural gas pipeline on public land or land owned by a 3rd 
party, notwithstanding that the entity is not a public utility.  Safety regulation under this 
subsection may be enforced as provided in sections 4515 and 4516-A. 
3.  Approval of construction.  A private natural gas pipeline may not be constructed 
without approval of the commission.  When requesting approval, the entity that owns or 
operates a private natural gas pipeline shall submit to the commission information 
concerning the engineering design of the pipeline and the standards of construction the 
entity proposes to follow and any other information the commission determines necessary 
to make a determination of whether to approve construction.  The commission shall 
approve the construction if the commission determines that the standards of construction 
of the pipeline adequately protect the safety of the public. 
4.  Waiver.  The commission may waive for good cause any requirements under this 
section. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill authorizes the Public Utilities Commission to exercise safety regulations 
over private natural gas pipelines.