The purpose of this Order is to establish the State Pipeline
Coordinator's Office (SPCO), as oversight coordinator of the
Trans-Alaska Pipeline Systems (TAPS), Alaska Natural Gas Transportation
System (ANGTS) and the Trans-Alaska Gas System (TAGS), referred
to in this order as the referenced common carrier pipelines,
and designating the administrative procedures for processing
and adjudicating applications for appropriate permits and leases
and for monitoring design, construction, operations and closeout
of these common carrier pipelines. This order defines responsibilities
of State agencies and procedures the State will follow during
the processing of the right-of-way leases and monitoring of preconstruction,
construction, operations, closure and rehabilitation of referenced
common carrier pipelines.
1. It is in the best interest of the people of the State of
Alaska that the expeditious transportation of Alaska's oil and
gas to market be directed to make the maximum contribution to
the development of the human resources of this state, to the
increase in the standard of living for all of its residents,
to the careful protection of its environment, and that the pipelines
are designed, constructed and operated in a safe and environmentally
sound manner consistent with applicable laws.
2. Application processing, preconstruction, construction,
operation and maintenance of the referenced common carrier pipelines
will involve many State agencies to review right-of-way lease
applications, preconstruction documents and plans, construction
monitoring, permitting, licensing, taxing, and offsetting the
impacts on Alaska's environment, its economy and its people.
For this reason, coordination among these agencies issuing authorizations
is necessary.
3. The review, processing and monitoring of past pipeline
project rights-of-way such as the Alaska Natural Gas Transportation
System, Trans-Alaska Pipeline System, and Trans-Alaska Gasline
System have been coordinated through a single point of contact
established in the State Pipeline Coordinator's office. This
Order supersedes and expands all previous orders for TAPS, TAGS
and ANGTS relating to the office of the State Pipeline Coordinator.
4. The proposed construction of both ANGTS and TAGS will share
the same corridor as the TAPS, except that the ANGTS alignment
deviates at Delta Junction and follows the Alcan Highway to the
lower 48 states.
5. Portions of the TAPS and TAPS Fuel Gas Pipeline are parallel
or crossed by both TAGS and ANGTS routes and their integrity
is vital to the State of Alaska. The President of the United
States, through the Office of the Federal Inspector, (OFI), has
established a single point of contact with the federal government
for matters relating to ANGTS.
6. The Bureau of Land Management (BLM) is the lead federal
agency to process the TAGS Environmental Impact Statement (EIS)
and issue the federal grant of right-of-way to Yukon Pacific
Corporation (YPC).
7. The BLM and the Department of Natural Resources have issued
various rights-of-way with terms and conditions that relate to
management of resources that affect federal and state land and
water.
8. The BLM has established one group to coordinate and manage
TAPS and TAGS issues.
9. It is desirable that the State have a single point of contact
for referenced common carrier pipeline rights-of-way matters
to ensure adequate coordination among State and federal authorizations
and, where appropriate, develop substantially similar terms and
conditions in these documents.
In light of the foregoing, I, Steve Cowper, Governor of the
State of Alaska, order and declare the following:
1. The State Pipeline Coordinator's office (SPCO) as established
by Administrative Order No. 70 within the Department of Natural
Resources will establish and maintain a joint office with the
BLM to coordinate state management concerns for TAPS and TAGS
to eliminate duplication of oversight costs. The SPCO will also
be the state contact for ANGTS and the OFI.
2. Each State agency shall comply with applicable provisions
of this Order to ensure that, where appropriate, substantially
similar terms and conditions are developed, implemented and placed
on all federal, State and local authorizations for the referenced
common carrier lines on State and Federal land, and that a schedule
is developed to implement this process on pipeline projects.
This includes the federal EIS, U.S. Army Corps of Engineers (USACE)
404 permits, State 401 certifications, federal and State rights-of-way
and associated stipulations, Alaska Coastal Management Program
Consistency certifications, and all other permits and approvals
issued by State agencies that affect state resources.
3. The Department of Natural Resources, through the State
Pipeline Coordinator, shall be the lead agency for the State
processing of the AS 38.35 right-of-way and the associated stipulations.
In addition, the State Pipeline Coordinator will coordinate the
monitoring of preconstruction, construction, operation and closeout
of the referenced common carrier pipelines.
4. Each department will appoint one liaison officer who will
be assigned to the SPCO in Anchorage and available to do necessary
work to process State right-of-way applications, Alaska Coastal
Management Program (ACMP) consistency reviews, federal EIS's
and other related State and Federal authorizations such as air,
water, land and resources for referenced common carrier pipelines
on a schedule established by the State Pipeline Coordinator.
At present, these agencies include the Department of Natural
Resources, Department of Fish and Game, Department of Environmental
Conservation, Department of Transportation and Public Facilities,
and the Department of Law. Other agencies that might assign a
liaison officer, who have other duties as well, include the Department
of Revenue, Department of Labor, Alaska Public Utilities Commission,
Division of Governmental Coordination, and the Department of
Community and Regional Affairs. Other agencies may need to appoint
liaison officers in the future. Liaison officers shall represent
their departments in matters relating to processing State right-of-way
applications, issuance of respective authorizations and monitoring
of the proposed and existing projects to assist the State Pipeline
Coordinator and the State Pipeline Coordinator's staff in carrying
out their responsibilities. Each liaison shall keep the State
Pipeline Coordinator informed of authorizations they plan to
issue for each referenced common carrier pipeline.
5. The State Pipeline Coordinator shall have the responsibility
for coordinating the input and activities of the liaison agencies
and their staff for purposes of processing State authorizations,
inspecting pipeline construction, operation and maintenance and
monitoring of field activities. If an agency's monitoring responsibilities
expand to the point at which a full-time liaison officer is needed,
it will appoint one, with the concurrence of the State Pipeline
Coordinator as to budget matters under AS 38.35.140(b).
6. If a department's responsibilities require staff additional
to the liaison officer, the department shall, with concurrence
of the State Pipeline Coordinator as to budget, appoint additional
staff. Staff hired by individual departments will be under the
supervision of the liaison officer except for those cases where
the liaison officer requests support from a department's regional
or central office. Those staff will continue to work for their
supervisor and accomplish the liaisons work request on a billable
basis.
7. The Office of the Governor, Division of Governmental Coordination,
shall coordinate the processing of the ACMP consistency determination(s)
related to referenced common carrier pipelines as provided under
AS 44.19.145 and 6 AAC 50.
8. All applications for construction, operations and termination
permits and other authorizations which the State may require
of the sponsor of a referenced common carrier pipeline shall
be submitted by the sponsor to the State Pipeline Coordinator.
The State Pipeline Coordinator shall forward the applications
to the appropriate department liaison officers, who shall ensure
that they are promptly and properly processed. The State Pipeline
Coordinator shall receive a copy of the permit or other authorization
issued.
9. To the maximum extent consistent with applicable law, departments
shall delegate signatory authority to their liaison officers
for permits and other authorizations. Liaison officers shall
have final approval authority for those agency actions not requiring
public notice, to the maximum extent consistent with applicable
laws.
10. Except for routine or follow-up informational inquiries
by or to departmental liaison officers or other department staffs,
as may be mutually agreed upon by the respective commissioner
and the State Pipeline Coordinator, all permit applications,
permits and formal authorizations relating to pipeline monitoring
between a department and the pipeline sponsor(s) or the United
States government shall be routed through the Office of the State
Pipeline Coordinator. This does not apply to agency liaison officer's
communications with their respective agencies. The State Pipeline
Coordinator and department commissioners may, if mutually agreeable,
modify or amend this provision as it relates to that department's
communications regarding pipeline monitoring.
11. Each department shall keep a full set of files in a central
location on all aspects of its activities relating to referenced
common carrier pipelines. SPCO will maintain records for DNR.
12. The State Pipeline Coordinator shall establish those field
monitoring teams and activities pertaining to TAPS, TAGS and
ANGTS and related facilities that the coordinator determines,
with the concurrence of affected agencies, are in the best interests
of efficiency and effectiveness. Such monitoring teams may be
composed of staff from a number of agencies. Responsibilities
and authorities of affected agencies may, consistent with law,
be delegated to team members regardless of their department affiliation,
and those team members will be responsible for coordinating field
monitoring program of the agencies involved. The State Pipeline
Coordinator shall appoint the team leader.
13. All departments identified in paragraph four (4) of this
Order shall prepare and submit an annual budget request for all
costs which are reimbursable under AS 38.35.140(b) and all other
costs associated with the referenced common carrier pipeline
projects, which are incurred through the Office of the State
Pipeline Coordinator. These budget requests will be reviewed
and will require approval by the State Pipeline Coordinator.
All such budget requests will be submitted as a consolidated
unit to the Division of Budget Review in a manner established
by the Division. Costs, incurred through the SPCO, will not be
reimbursable unless proposed budgets are approved by the State
Pipeline Coordinator. The State Pipeline Coordinator shall have
the authority to negotiate reimbursement agreements for referenced
common carrier pipelines and ensure that reimbursement is secured
promptly for costs incurred under approved budgets. This Order
shall not be construed as attempting to create an independent
right on the part of the State to obtain reimbursement from referenced
common carrier pipeline companies, nor as limiting the right
of State agencies to whatever reimbursement is available under
law.
14. To the extent allowed by law, and whenever feasible, before
taking enforcement action against the referenced common carrier
pipeline project sponsor(s), their agents or contractors for
violation of State law relating to design, preconstruction, construction,
operation or termination of the pipeline, the department involved
shall consult with the State Pipeline Coordinator or his designee
and consider the Coordinator's advice. This provision is solely
for coordination purposes and is not intended to limit the agency's
enforcement authorities or the exercise of those authorities.
Whenever feasible, and when the department involved and the State
Pipeline Coordinator agree, such enforcement action may be undertaken
under the right-of-way lease issued by the Department of Natural
Resources. 15. In the event of a dispute between departments
regarding a matter covered under this Order, except matters involving
annual budget requests, the departments involved will consult
with the Department of Law, and (a) if the dispute involves a
question covered by the Department of Natural Resources' statutory
or regulatory right-of-way lease authority and the matter cannot
be resolved between a department and the State Pipeline Coordinator,
the affected department Commissioner should attempt to resolve
this matter with the Commissioner of Natural Resources, and the
decision of the Commissioner of Natural Resources shall be final;
(b) if the dispute involves a question covered by a department's
statutory or regulatory authority, the dispute will be resolved
by the department responsible for administering that law, and
the decision of that department Commissioner is final. In all
such disputes, affected Commissioners shall seek the views of
the State Pipeline Coordinator, and consider these views before
making a decision; (c) in disputes between Commissioners other
than in cases subject to (a) and (b) above, the Office of the
Governor shall resolve the matter.
16. This Order is for administrative purposes only, and does
not create any third party rights or modify the authorities of
the participating agencies.
17. The State Pipeline Coordinator is the designee of the
Commissioner of the Department of Natural Resources.
18. The State Pipeline Coordinator is required to submit to
the Governor an annual progress report that contains accomplishments
and goals and objectives for the next fiscal year.
This Order is effective immediately.
DATED at Juneau, Alaska, this 22nd day of August, 1990.
