n F$K. PUBLIC SERV. CCI iP
I THE MATTER OF A SHOW CAUSE )
P R O C E E D I N G AGAINST PAIR-A-DICE ) DOCKET NO. 09-081-U
DEVELOPMENT, LLC Dh31APEARSON’S TRAILER ) ORDERNO. 2
PARK, CHAD W O E , OWNER,AND ARKANSAS )
WESTERN GAS COMPANY 1
ORDER TO SHOW CAUSE AND NOTICE OF HEARING
On Jury 24,2009, the Pipdine Safety Office ofthe Arkansas Public Service Commission (PSO)
establishedthis docket by filing apetitionfor an order to show cause against three respondents, namely,
Pair-A-Dice Development, LLC doing business ils Pearson’s Trailer Park (Pearson’s Trailer Park), its
owner, Chad M n o (Munroe), and Arkansas Western Gas Company (AWG).
According to the petition Pearson’s Trailer Park is a trailer park located in Rogers, Arkansas, in
Benton County, and is owncd and managed by Muroe. Respondent AWG is named a respondent in this
proceeding because it is the local gas distribution utility company that provides natural gas service to
Pearson’sTmiler Park and AWG is named simplyto facilitate obtainingtherelief souat against the other
The PSO’s petition alleges that Pearson’s TraiIerPark and Chad Munroe are operatinga“master
mctcr system”as defined by the Arkansas Gas Pipeline Code (the Code), promulgated by the Arkansas
Public ServiceCommission (Commission) pursuant to the authority ofAct285 of 1971, codified as Ark.
Code Ann. $23-1 5-20 I et scq., known as the Arkansas Natural Gas Pipeline Safety Act of 1971. I its
Definitions Section the Code defines a “master meter system” as follows:
“Master Meter System”means a pipeline s s e for distributinggas within,but not limited
to, a definable area, suchas a mobile home park, housing project, or apartment complex,
where the operator purchases metered gas from a outsidesource forresale through a gas
distributionpipeline system. The gas distribution pipdine system supplies the ultimate
consumerwho either purchases the gas directly throughamcter or by other means, such
Pearson’s Trailer Park receives natunl gas from AWG, the Iocaligs distribution company, and
redistributes it to individual traiIer units through a network of pipehes. As master meter operators
respondents,Pearson’s TraiIer Park and Munroe,are subject to the safety enforcementjwisdiction of the
PSO under both the Code and also federal pipeline safety laws and regulations pursuant to 49 U.S.C.
$60101 et scqaand 49 CFR $1 90-1 99.
It is alkged in the PSO’s petition that respondents, Pearson’s Trailer Park and Munroe, are more
thanoneyear delinquent in furnishing the PSO with its annualIy required cathodicprotection survey report
as required by Q 192.465 ofthe Code. The PSO further alleges that it has communicated in writing with
these respondents several times i an effort to bring them into compliance with the Code by furnishingthe
required report, but that as ofthe date the PSO fded its petition in this show cause proceeding these
respondents were stilI in noncompliance.
The PSO states in its petition that despite repeated written notification of the respondents,
Pearson’s Trailer Park and Munroe, of this vioIation of the Code, and ongoing efforts to get them to
comply, these respondentshave failed to furnish the cathodic protectionswvey reportrequired annually
by the Code or to make satisfactoryprogress toward this end. The PSO thereforerequeststhe issuance
of this show cause order in accordance with 8 190.19 of the Code and asks that:
(a) these respondents be directed to appear and show cause why they should not be ordered and
DOCKET NO. 09-081-U
directed to forthwith cause to be provided to the PSO the required report, and failing in which that
respondent, AWG, be directed to terminate gas service to the other two respondents; and
(b)that respondents, Pearson’sT d e r Park and Munroe, appearand show cause why they should
not bc asscssed a civil penaIty on accountof the aforementioned Code violation i an amount not to exceed
$1 00,000 for each day that such alleged violation persists in accordance with and as limited by Q 190.29
of the Code.
A hearing is hereby scheduled in this matter on Monday, Octaber26,2009, at k30 am., in the
Hearing Room ofthe Arkansas Public Service Commission Building, IO00 Center Street, Little Rock,
BY ORDER OF THE ADMINISTRATIVELAWJUDGE PURSUANTTO DELEGATION.
This /qdday of September, 2009.
Administrative Law Judge