STATE OF CALIFORNIA, GRAY DAVIS, Governor

PUBLIC UTILITES COMMISSION

505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102-3298

February 18, 1999

Dave Cornman

Director, Environmental Services

Kinder Morgan Energy Partners, L.P.

1100 Town and Country Road

Orange, CA 92868

RE: Variance Request #5 - Allow for open cut construction (rather than boring) at two locations.

Dear Mr. Cornman:

We have reviewed the above-referenced variance request, and approve your request based on the following factors:

• KMEP has request open cut construction (rather than boring) at the following locations:

Artesia Boulevard at Studebaker Road, City of Cerritos: Artesia Boulevard is a east-west bound, four lane roadway (plus turn lanes) which is crossed by Studebaker Road, a north-south bound, four lane roadway (plus turn lanes). The SFPP Pipeline is to be located within the right, east-bound lane of Artesia Boulevard. As originally proposed (Construction Drawing No. 1764-A-142), Studebaker Road was to be bored. Bore pits would be located within the right, east-bound lane of Artesia Boulevard to the east and west of Studebaker Road. Six utilities and wiring for two traffic signals would need to be exposed via potholing within Studebaker Road regardless if the roadway is bored or open cut.

Minnesota Avenue at Alondra Boulevard, City of Paramount: Minnesota Avenue is a east-west bound, two lane roadway which is crossed by Alondra Boulevard, a north-south bound, four lane roadway (plus turn lanes). The SFPP Pipeline is to be located within the east-bound lane of Minnesota Avenue. As originally proposed (Construction Drawing No. 1764-A-127B), Alondra Boulevard was to be bored. Bore pits would be located within the east-bound lane of Minnesota Avenue to the east and west of Alondra Boulevard. Twelve utilities would need to be exposed via potholing within Alondra Boulevard regardless if the roadway is bored or open cut.

• Other than potholing to identify existing utilities, no other construction would have occurred within Studebaker Road or Alondra Boulevard. KMEP has requested that the subject roadways be open cut, rather than bored, to expedite construction. KMEP estimates that approximately 5 days would be required to complete a bore at each location. By open cutting Studebaker Road and Alondra Boulevard, traffic impacts on these roadways would increase in comparison to boring. However, construction within the Artesia Boulevard/Studebaker Road and Minnesota Avenue/Alondra Boulevard intersections would be completed in less days (1 day estimated at each intersection), reducing the traffic impacts in the immediate area.

• The measures noted below shall be implemented:

- All applicable mitigation measures shall be implemented during construction, including implementation of appropriate Traffic Control Plan(s) and dust abatement.

Prior to the commencement of construction at the subject crossings, written approval from the City of Cerritos and City of Paramount shall be provided to the CPUC Environmental Monitor (in addition to the CPUC Notices to Proceed for these jurisdictions). All conditions imposed by these jurisdictions shall be implemented.

Unless otherwise required by the City of Cerritos or City of Paramount, open cut construction through the subject intersections shall occur during off-peak traffic hours (after 9:00 a.m. and before 3:00 p.m.).

- Implementation of this variance in accordance with the provisions noted above shall be verified on a random basis by a CPUC Environmental Monitor.

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