Current through Register Vol. 46, No. 19, March 20, 2024
(1) A
petition for apermit shall be filed with the board upon the form prescribed and
shall include all required exhibits. The petition shall be considered filed
with the board on the date accepted by the board's electronic filing system as
provided for in 199-Chapter 14. The petition shall be attested to by an
officer, official or attorney with authority to represent the pipeline company.
Required exhibits shall be in the following form:
a.
Exhibit A. A legal
description showing at a minimum:
(1) The
beginning and ending points of the proposed pipeline.
(2) The general direction of the proposed
route through each quarter section of land to be crossed, including township
and range.
(3) Whether the proposed
pipeline will be located on private or public property, public highway or
railroad right-of-way.
(4) Other
pertinent information.
(5) When the
route is in or adjacent to the right-of-way of a named road or a railroad, the
exhibit shall specifically identify the road or railroad by name.
b.
Exhibit B.
Maps showing the proposed routing of the pipeline. The maps may be to any scale
appropriate for the level of detail to be shown, but not smaller than one inch
to the mile, and shall be legible when printed on paper no larger than 11 x 17
inches. Maps based on satellite imagery are preferred. A map of the entire
route, if the route is located in more than one county or there is more than
one map for a county, shall be filed in this exhibit on paper no larger than
11x17 inches without regard to scale. The following minimum information shall
be provided on the maps:
(1) The route of the
pipeline which is the subject of the petition, including the starting and
ending points, and when paralleling a road or railroad, which side it is on.
Multiple pipelines on the same right-of-way shall be indicated, and the
distance between paralleling pipelines shall be shown.
(2) The name of the county, county lines,
section lines, section numbers, township numbers, and range numbers.
(3) The location and identity of adj acent or
crossed public roads, railroads, named streams or bodies of water, and other
pertinent natural or man-made features influencing the route.
(4) The name and corporate limits of cities,
and the name and boundaries of any public lands or parks.
(5) Other pipelines and the identity of the
owner.
(6) Any buildings or places
of public assembly within the potential impact radius of the transmission
pipeline as defined in
49
CFR 192.903.
c.
Exhibit C. A showing of
engineering specifications covering the engineering features, materials and
manner of construction of the proposed pipeline, its approximate length,
diameter and the name and location of each railroad and primary highway and the
number of secondary highways to be crossed, if any, and such other information
as may be deemed pertinent on forms prescribed by the board, which are located
on the board's website. In addition, the maximum and normal operating pressure
of the proposed pipeline shall be provided.
d.
Exhibit D. Satisfactory
proof of solvency and financial ability to pay damages in the sum of $250,000
or more; or surety bond satisfactory to the board in the penal sum of $250,000
with surety approved by the board, conditioned that the pipeline company will
pay any and all damages legally recovered against it growing out of the
construction and operation of its pipeline or gas storage facilities in the
state of Iowa; security satisfactory to the board as a guarantee for the
payment of damages in the sum of $250,000; or satisfactory proofs that the
pipeline company has property subject to execution within this state, other
than pipelines, of a value in excess of $250,000. The board may require
additional surety or insurance policies to ensure the payment of damages
growing out of the construction and operation of a transmission pipeline that
will be constructed in more than one county.
e.
Exhibit E.
(1) Consent or documentation of appropriate
public highway authorities, or railroad companies, where the pipeline will be
placed longitudinally on, over or under, or at other than an approximate right
angle to railroad tracks or highway, when such consent is obtained prior to
filing of the petition, shall be filed with the petition.
(2) If any consent is not obtained at the
time the petition is filed, the pipeline company shall file a statement that it
will obtain all necessary consents or file other documentation of the right to
commence construction prior to commencement of construction of the pipeline. A
pipeline company may request board approval to begin construction on a segment
of a pipeline prior to obtaining all necessary consents for construction of the
entire pipeline.
(3) Whether there
are permits that will be required from other state agencies for construction of
the pipeline and, if so, a description of the permit required and whether the
permit has been obtained.
f.
Exhibit F. This exhibit
shall contain the following:
(1) A statement
of the purpose of the project and a description of how the services rendered by
the pipeline will promote the public convenience and necessity.
(2) A general statement covering each of the
following topics:
1. The nature of the lands,
waters, and public or private facilities to be crossed;
2. The possible use of alternative
routes;
3. The relationship of the
proposed pipeline to present and future land use and zoning ordinances;
and
4. The inconvenience or undue
injury which may result to property owners as a result of the proposed
project.
(3) For an
existing pipeline, the year of original construction and a description of any
amendments or reportable changes since the permit or latest renewal permit was
issued.
g.
Exhibit G. If informational meetings were required, an
affidavit that such meetings were held in each county affected by the proposed
project and the time and place of each meeting. Copies of the mailed notice
letter, the corridor map, and the published notice(s) of the informational
meeting shall be attached to the affidavit.
h.
Exhibit H. This exhibit
is required only if the petition requests the right of eminent domain. The
extent of the eminent domain request may be uncertain at the time the petition
is filed. However, this exhibit must be in final form before a hearing is
scheduled. It shall consist of a map of the route showing the location of each
property for which the right of eminent domain is sought and for each property:
(1) The legal description of the
property.
(2) The legal description
of the desired easement.
(3) A
specific description of the easement rights being sought.
(4) The names and addresses of all affected
persons based upon a title search conducted for the property over which eminent
domain is requested.
(5) A map
drawn to an appropriate scale showing the boundaries of the property, the
boundaries and dimensions of the proposed easement, the location of pipelines
or pipeline facilities within the proposed easement, the location of and
distance to any building within 300 feet of the proposed pipeline, and any
other features pertinent to the location of the pipeline to the rights being
sought.
(6) An overview map showing
the location of the property over which eminent domain is requested filed with
the property identified as required in 199-paragraph
9.2(1)"e."
i.
Exhibit I. If pipeline
construction on agricultural land as defined in 199-subrule 9.1(3) is proposed,
a land restoration plan shall be prepared and filed as provided in rule
199-9.2 (479,479B). The name and
contact information of each county inspector designated by county boards of
supervisors pursuant to Iowa Code section
479.29(2)
shall be included in the land restoration
plan, if known.
j.
Underground storage. If permission is sought to construct,
maintain and operate facilities for underground storage of gas, the petition
shall include the following information, in addition to that stated above:
(1) A description of the public or private
highways, grounds and waters, streams and private lands of any kind under which
the storage is proposed, together with a map.
(2) Maps showing the location of proposed
machinery, appliances, fixtures, wells, and stations necessary for the
construction, maintenance, and operation of the facilities.
k.
Exhibit K. The
pipeline company shall file additional information as follows:
(1) An affidavit affirming that the company
undertook a review of land records to determine all affected persons for all
parcels over which the pipeline is proposed to be located before easements were
signed or eminent domain requested.
(2) Whether any private easements will be
required for the proposed pipeline and, if a private easement is anticipated to
be required, when the easement negotiations will be completed and whether all
affected persons associated with the property have been notified.
(3) Whether there are any agreements or
additional facilities that need to be constructed to receive natural
gas.
(4) Projected date when
construction of the pipeline will begin.
(5) Whether the pipeline will have
pressure-relieving or pressure-limiting devices that meet the requirements of
49
CFR 192.199 and
192.201.
l.
Other
exhibits. The board may require filing of additional exhibits if
further information on a particular project is deemed
necessary.
(2)
Construction on an existing easement.
a.
Petitions proposing new pipeline construction on an existing easement where the
pipeline company has previously constructed a pipeline shall include a
statement indicating whether any unresolved damage claims remain from the
previous pipeline construction, and if so shall provide the name of each
landowner or tenant, a legal description of the property involved, and the
status of proceedings to settle the claim.
b. A petition for permit proposing new
pipeline construction on an existing easement where the pipeline company has
previously constructed a pipeline shall not be acted upon by the board if a
damage claim from the installation of the previous pipeline has not been
resolved by negotiation, arbitration, or court action. The board may take
action on the petition if the damage claim is under litigation or
arbitration.
(3)
Statement of damage claims.
a. A petition for
permit proposing new pipeline construction shall not be acted upon by the board
if the pipeline company does not file with the board a written statement in
compliance with Iowa Code chapter 479 as to how damages resulting from the
construction of the pipeline shall be determined and paid.
b. The statement shall contain the following
information: the type of damages which will be compensated for, how the amount
of damages will be determined, the procedures by which disputes may be
resolved, the manner of payment, and the procedures that the affected person is
required to follow to obtain a determination of damages by a county
compensation commission.
c. The
statement shall be amended as necessary to reflect changes in the law, company
policy, or the needs of a specific project.
d. A copy of this statement shall be mailed
with the notice of informational meeting as provided for in Iowa Code section
479.5.
Where no informational meeting is required, a copy shall be provided to each
affected person prior to entering into negotiations for payment of
damages.
e. Nothing in this rule
shall prevent a person from negotiating with the pipeline company for terms
which are different, more specific, or in addition to the statement filed with
the board.
(4)
Negotiation of easements. The pipeline company is not prohibited from
responding to inquiries concerning existing or future easements or from
requesting and collecting tenant and affected person information, provided that
the pipeline company is not "negotiating" as defined in subrule
10.1(3).