Section 170 IAC 5-3-5 - Waiver of compliance; application; investigationAuthority: IC 8-1-1-3; IC 8-1-22.5-4
Affected: IC 8-1-2
Sec. 5.
(a) An operator may file a petition with the commission, following the procedures in 170 IAC 1-1.1, for authorization to: (1) construct, install, or use material and equipment that have not been approved; or(2) waive in whole or in part compliance with a code, standard, or regulation established under this rule.(b) The commission shall investigate an application made under subsection (a), and, if it determines that the application of waiver of compliance with the code, standard, or regulation is not inconsistent with gas pipeline safety, the commission may grant the waiver after due compliance with the requirements of state statute and the provisions of the Natural Gas Pipeline Safety Act of 1968 and the Hazardous Liquid Pipeline Safety Act of 1979 with regard to the waiver. Authorization will not be granted to install or use materials or equipment that are specifically prohibited by the federal or state regulations. Indiana Utility Regulatory Commission; No. 32885: Minimum Safety Standards for Transportation of Gas and Related Pipeline Facilities Rule 5; filed May 12, 1972, 10:30 a.m.: Rules and Regs. 1973, p. 545; readopted filed Jul 11, 2001, 4:30 p.m.: 24 IR 4233; readopted filed Apr 24, 2007, 8:21 a.m.: 20070509-IR-170070147RFA; errata filed Jul 21, 2009, 1:33 p.m.: 20090819-IR-170090571ACA; filed Feb 9, 2010, 9:24 a.m.: 20100310-IR-170090190FRAFiled 5/27/2016, 11:39 a.m.: 20160622-IR-170150424FRAFiled 3/17/2022, 12:34 p.m.: 20220413-IR-170210213FRA