9. Applicant's Responsibility for Operation of EQVs

Applicant states that the Commission found in D.96-09-044 and D.00-06-038 that it is not responsible for the operation of customer-owned EQVs installed on its facilities, including leaks from the EQV itself. Applicant asks that the Commission again make that finding.

In D.96-09-044, the Commission approved Applicant's proposed tariff language regarding its EQV program. If there is something in Applicant's tariffs that is unclear, Applicant should propose a change in its tariffs. It has not done so here.

In D.00-06-038, the Commission found that Applicant bears the duty of ensuring the safety of its pipelines, including the portions that have EQVs installed on them. Therefore, Applicant must comply with all applicable state and federal codes and regulations as well as the Commission's decisions. The applicable state and federal codes and regulations speak for themselves.

D.00-06-038 states that Applicant is responsible for the safety of its pipelines. The decision does not explicitly state that Applicant is responsible for the proper operation of the EQV in the event of an earthquake or for leaks in the EQV itself. In Ordering Paragraph 4 of D.00-06-038, the Commission stated: "SCG shall also state its position on how failures of the EQV device that it discovers during routine inspection at the meter are addressed with the EQV-owning customer and timely corrected by that customer." This is a requirement to provide information, nothing more.

Determination of whether Applicant is responsible for the proper operation of EQVs in the event of an earthquake or for leaks in the EQV itself would require, as a minimum, examination and interpretation of all of the applicable pipeline safety rules, regulations and codes, Applicant's tariffs for the EQV program, and Applicant's agreements, commitments and contracts related to the program. Applicant has made no showing in this proceeding that would allow us to make such a determination, even if we were to engage in such an advisory process. Therefore, we will not modify or further discuss our findings in D.96-09-044 and D.00-06-038.