Federal Guidance for Pipeline Rights-of-Way Daron K. Moore El Paso Pipeline Group November 16, 2007

2 Major Discussion Points On the Right-of Way On the Right-of Way Near the Right-of-Way Near the Right-of-Way Existing Guidance Existing Guidance Possible Future Guidance Possible Future Guidance

3 On the Right-of-Way Easement agreements are legal documents in place now and into the future Easement agreements are legal documents in place now and into the future Pipeline operators need public’s cooperation with early notice of intent to build on or alter right-of-way, heavy equipment operation on ROW Pipeline operators need public’s cooperation with early notice of intent to build on or alter right-of-way, heavy equipment operation on ROW Operators need to notify public of safety needs and how easement is affected Operators need to notify public of safety needs and how easement is affected

4 Connecticut Easement and Surroundings

5 Off the Right-of-Way No easement or other legal agreements exist No easement or other legal agreements exist Public’s activities may affect pipeline safety Public’s activities may affect pipeline safety Full recognition of siting and acceptance of responsibility is necessary Full recognition of siting and acceptance of responsibility is necessary Activities which affect pipeline safety need to be considered Activities which affect pipeline safety need to be considered Blasting Blasting Contouring or terracing Contouring or terracing Clear cutting Clear cutting

6 Connecticut Easement and Surroundings

7 Existing Guidance Easement agreements and other legal documents are only existing guidance, others are less formal or very specific Easement agreements and other legal documents are only existing guidance, others are less formal or very specific Pipeline operators work within bounds of easement agreements, can only affect easement Pipeline operators work within bounds of easement agreements, can only affect easement Following authorization from the easement holder, the public can work on easements or around easements, and can affect safety both ways Following authorization from the easement holder, the public can work on easements or around easements, and can affect safety both ways

8 Possible Future Guidance Easement structure threat characterization Easement structure threat characterization Walls and fences Walls and fences Excavations (pools, decks, roads) Excavations (pools, decks, roads) Large vegetation Large vegetation Written guidance of public’s responsibilities (PIPA) Written guidance of public’s responsibilities (PIPA) Federal regulations would seem difficult due to varying physical characteristics, types and ages and dimensions of easements, and lack of jurisdiction over near right- of-way users Federal regulations would seem difficult due to varying physical characteristics, types and ages and dimensions of easements, and lack of jurisdiction over near right- of-way users

9 Conclusions and Possible Solutions Pipeline safety is paramount and must be key factor in all deliberations Pipeline safety is paramount and must be key factor in all deliberations Effective land use planning, zoning, and real estate disclosures are community issues Effective land use planning, zoning, and real estate disclosures are community issues Early public disclosure of planned activities to existing pipeline operators and early pipeline disclosure of new pipelines Early public disclosure of planned activities to existing pipeline operators and early pipeline disclosure of new pipelines All parties must accept responsibility for actions, along both existing and new pipelines All parties must accept responsibility for actions, along both existing and new pipelines All parties (operators, excavators, landowners, developers, regional government, etc) should accept responsibility and have needs and desires represented in PIPA process, but open discussion and willingness to recognize needs of other parties is critical All parties (operators, excavators, landowners, developers, regional government, etc) should accept responsibility and have needs and desires represented in PIPA process, but open discussion and willingness to recognize needs of other parties is critical Federal guidance exists in regulations and is adequately flexible to meet most needs; further needs are addressed on individual basis and are enforceable on the ROW by regulatory agencies Federal guidance exists in regulations and is adequately flexible to meet most needs; further needs are addressed on individual basis and are enforceable on the ROW by regulatory agencies