Enbridge looks for waiver on pipeline rule

Enbridge Pipeline wants to bury a 12inch pipeline, but the company wants Gregg County to waive a policy which requires the line to be encased.

Enbridge's request was eventually tabled until next week, following a discussion of whether the county's policy needs updating.

Representatives from Enbridge appeared before the Gregg County Commissioners Monday requesting a waiver on the county's policy of requiring encased lines in the county's right-of-way in four separate locations in Precinct 3.

Irv Nelson, a landman speaking for Enbridge, said the company was asking the commissioners to waive the policy of requiring lines to be encased because the lines had already been approved by the Texas Department of Transportation (TxDOT) and several years ago the county waived a similar request from the company." The lines will be at least 10 inches underground and placed by directional drilling," Nelson said. "TxDOT has already approved this."

Nelson said the commissioners court waived the county's policy in 2004 for Enbridge to "run unencased line from Knox Lee (an AEP/SWEPCO power plant on Hwy 149) to Tatum and from Knox Lee to Longview."

Pct. 3 Commissioner Bob Barbee asked why company representative had not contacted the county before the commissioners' meeting to explain the procedure and the need for a policy waiver.

Tom Buchanan, Enbridge's attorney, told the commissioner the law required the company to give the commissioners' court "notice" and not "permission."

County Attorney Janey Johnston told the commissioners that once a public utility company gives the county notice of plans to place a pipeline, the commissioners have the right to determine the location.

Nelson and Buchanan told the commissioners new technology has increased the safety issue on using unencased pipe.

"Our policy requires one-inch water lines to be encased," Barbee said. "Why not gas lines? I think we need time to get a close look at this."

Mike Bills, building superintendent for the county, said the county's policy had not been updated in 10 years and "that was just to change some legal language. But we've always required casing unless it's waived on an individual basis."

Barbee said he's concerned about the safety issue.

"Safety is Enbridge's Number 1 concern," Nelson said.

He said the company's directional drilling allows the project to be set back off the highway and goes deeper under the surface. He also said the company used upgraded pipe.

Barbee also asked the grade or schedule of the pipe, a question even Enbridge's design engineer Doug Unruh couldn't answer.

"We measure pipe by wall thickness," he said. "I can't tell you the schedule or gauge."

Enbridge's initial request got lost somewhere in the discussion when the commissioners started talking about the possibility for updating the policy.

Both Pct. 1 Commissioner Charles Davis and Pct. 2 Commissioner Darryl Primo agreed the policy was okay and that exemptions should be made on an individual basis. Barbee wanted more time to consider the policy and waivers.

"I'm not against updating the policy, but I think waivers should be considered on an individual basis," Davis said.

"I agree with Commissioner Davis that these matters should be considered individually," Primo said.

County Judge Bill Stoudt suggested approving Enbridge's requests and then look at the policy for needed updates.

Bills agreed with Barbee. "We need to look into it (Enbridge's requests)."

Stoudt asked Bills to check with other counties on what their policies concerning encasing lines.

In the meantime, Enbridge has to wait until next Monday for a decision of its requested waivers to place 12.740-inch unencased natural gas line within the right-o-way of Mustang Drive, Wilshire Road, Utzman Road and Meadows Lane, all in Precinct 3.

In other business, commissioners approved:

 Deeding a lot to Habitat for Humanity;

 Assisting the city of Lakeport with patching potholes on Dodd, Borders, Jones, Liner, Ben Mitchell, Rocket and Astronaut streets;

 An annual subscriber contract for "reverse-911" service from FirstCall Network, Inc.;

 A Memorandum of Understanding between the county and Liberty City Water Supply Corporation for the installation of radio equipment a water tower;

 Five requests for the Tryon Road Special Utility District to place water lines in the rightof way of Tryon Road; and,

 A preliminary plan for Willow Creek Ranch Subdivision, Phase 1, in Pct. 3.