Final Order

              STATE OF ILLINOIS
ILLINOIS COMMERCE COMMISSION
Northern Illinois Gas Company d/b/a :
Nicor Gas Company :
:11-0252
Application for Waiver of 49 CFR Sections :
192.53(c), 192.121, 192.123, and 192.619(a). :
FINAL ORDER
By the Commission:
I. Introduction
On March 14, 2011, Northern Illinois Gas Company d/b/a Nicor Gas Company (“Nicor Gas” or the “Company”) filed its Application for Waiver of Sections 192.53(c), 192.121, 192.123, and 192.619(a) of the federal Rules governing gas pipeline safety, which commenced this proceeding. On May 31, 2011, Nicor Gas filed an Amended Application for Waiver (the “Application”) with the Illinois Commerce Commission (“Commission”) seeking an order granting Nicor Gas a waiver of 49 CFR Sections 192.53(c), 192.121, 192.123, and 192.619(a) to permit the installation and use of a non-metallic, composite, reinforced thermoplastic pipe (“RTP”) manufactured by Smart Pipe® (“Smart Pipe®”) for rehabilitation of up to four 6-inch diameter 230-psig steel intrastate gas distribution pipeline segments that cross underneath the Illinois River approximately one mile southeast of Ottawa, Illinois. On June 22, 2011, the Commission entered an Interim Order (the “Interim Order”). The Interim Order provided, in relevant part, the Chief Clerk to forward the Interim Order to the Secretary of the Department of Transportation, with a copy to the Associate Administrator for Pipeline Safety for the Pipeline and Hazardous Materials Safety Administration (“PHMSA”) and to the Regional Director of PHMSA’s Central Region Office in order to allow the Secretary to review and object to the waiver, pursuant to 49 USC 60118(d). On or before September 30, 2011, Jeffrey D. Wiese, Associate Administrator for PHMSA, timely provided the Commission with a letter (the “Letter”), stating that PHMSA did not object to the waiver, provided certain additional conditions were met. On December 9, 2011 Staff of the Illinois Commerce Commission (“Staff”) and Nicor Gas filed an Agreement and Stipulation with the Commission, indicating that neither Nicor Gas nor Staff object to the additional conditions proposed by PHMSA.
II. Applicable Rules and Company’s Position
The Commission has adopted the standards for pipeline safety set forth in 49 CFR Sections 191.23, 192, 193 and 199, including the Sections which are the subject of Nicor Gas’ Application, as its minimum safety standards for the