Texas Administrative Code
Title 16 - ECONOMIC REGULATION
Part 1 - RAILROAD COMMISSION OF TEXAS
Chapter 13 - REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)
Subchapter B - GENERAL RULES FOR COMPRESSED NATURAL GAS (CNG) EQUIPMENT QUALIFICATIONS
Section 13.26 - Notice of, Objections to, and Hearings on Proposed Stationary CNG Installations
Universal Citation: 16 TX Admin Code ยง 13.26
Current through Reg. 49, No. 12; March 22, 2024
(a) Notice of proposed stationary CNG installations.
(1) For a proposed installation with an
aggregate storage capacity of 84,500 standard cubic feet or more, an applicant
shall send a copy of the filings required under §
RSA
13.25 of this title (relating to Filings
Required for Stationary CNG Installations) by certified mail, return receipt
requested or otherwise delivered, to all owners of real property situated
within 500 feet of any proposed container location at the same time the
originals are filed with AFS.
(A) AFS shall
consider the notice to be sufficient when the applicant has provided evidence
that copies of a complete application have been mailed or otherwise delivered
to all real property owners.
(B)
The applicant or licensee may obtain names and addresses of owners from current
county tax rolls.
(2) An
applicant shall notify owners of real property situated within 500 feet of the
proposed container location if:
(A) the
current aggregate storage capacity of the installation is more than doubled in
a 12-month period; or
(B) the
resulting aggregate storage capacity of the installation will be more than
1,014,000 standard cubic feet.
(b) Objections to proposed stationary CNG installations.
(1) Each owner of real property
receiving notice of a proposed installation pursuant to subsection (a) of this
section shall have 18 calendar days from the date the notice is postmarked to
file a written objection with AFS using the CNG Form 1500A sent to them by the
applicant. An objection is considered timely filed when it is actually received
by the Commission. AFS shall review all objections within 10 business days of
receipt. An objection shall be in writing and shall include a statement of
facts showing that the proposed installation:
(A) does not comply with the rules in this
chapter, specifying which rules are violated;
(B) does not comply with the statutes of the
State of Texas, specifying which statutes are violated; or
(C) constitutes a danger to the public
health, safety, and welfare, specifying the exact nature of the danger. For
purposes of this section, "danger" means an imminent threat or an unreasonable
risk of bodily harm, but does not mean diminished property or esthetic values
in the area.
(2) Upon
review of the objection, AFS shall:
(A)
request a public hearing as specified in §
RSA
13.71 of this title (relating to Hearing for
Denial, Suspension, or Revocation of Licenses, Manufacturer Registrations, or
Certificates); or
(B) notify the
objecting party in writing within 10 business days of receipt requesting
further information for clarification and stating why the objection is not
valid. The objecting entity shall have 10 calendar days from the postmark of
AFS' letter to file its corrected objection. Clarification of incomplete or
non-substantive objections shall be limited to two opportunities. If new
objections are raised in the objecting party's clarification, the new
objections shall be limited to one notice of correction.
(c) Hearings on stationary CNG installations.
(1) Reason for hearing. AFS
shall call a public hearing if:
(A) AFS
receives an objection that complies with subsection (b) of this section;
or
(B) AFS determines that a
hearing is necessary to investigate the impact of the installation.
(2) Notice of public hearing. The
Hearings Division shall give notice of the public hearing at least 21 calendar
days prior to the date of the hearing to the applicant and to all real property
owners who were required to receive notice of the proposed installation under
subsection (a) of this section.
(3)
Procedure at hearing. The public hearing shall be conducted pursuant to Chapter
1 of this title (relating to Practice and Procedure).
(4) Hearing findings. If the Railroad
Commission finds after a public hearing that the proposed installation complies
with the rules in this chapter and the statutes of the State of Texas, and does
not constitute a danger to the public health, safety, and welfare, the Railroad
Commission shall issue an interim approval order. The construction of the
installation and the setting of the container shall not proceed until the
applicant has received written notification of the interim approval order. Any
interim approval order shall include a provision that such approval may be
suspended or revoked if:
(A) the applicant has
introduced CNG into the system prior to final approval; or
(B) a physical inspection of the installation
indicates that it is not installed in compliance with the submitted plat
drawing for the installation, the rules in this chapter, or the statutes of the
State of Texas; or
(C) the
installation constitutes a danger to the public health, safety, and
welfare.
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