Texas Administrative Code
Title 16 - ECONOMIC REGULATION
Part 1 - RAILROAD COMMISSION OF TEXAS
Chapter 14 - REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)
Subchapter A - GENERAL APPLICABILITY AND REQUIREMENTS
Section 14.2041 - Notice of, Objections to, and Hearings on Proposed Stationary LNG Installations
Universal Citation: 16 TX Admin Code ยง 14.2041
Current through Reg. 49, No. 12; March 22, 2024
(a) Notice of proposed stationary LNG installations.
(1) For a proposed installation with an
aggregate water capacity of 15,540 gallons or more, an applicant shall send a
copy of the filings required under §
RSA
14.2040 of this title (relating to Filings
Required for Stationary LNG 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 water capacity of the installation is more than doubled in a
12-month period; or
(B) the
resulting aggregate water capacity of the installation will be more than
214,348 gallons.
(b) Objections to proposed stationary LNG 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 LNG Form 2500A sent
to them by the applicant. An objection is considered timely filed when it is
actually received by the Commission.
(A) AFS
shall review all objections within 10 business days of receipt.
(B) An objection shall be in writing and
shall include a statement of facts showing that the proposed installation:
(i) does not comply with the rules in this
chapter, specifying which rules are violated;
(ii) does not comply with the statutes of the
State of Texas, specifying which statutes are violated; or
(iii) 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
14.2016 of this title (relating to Penalty
Guidelines and Enforcement); 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) Temporary installations which are used during peak demand times such as during cold weather or emergencies are not required to comply with these notice requirements. However, a sign shall be installed at the site and brochures or other similar means of notification shall be available at the site to advise the public of the need and use for the temporary installation.
(d) Hearings on stationary LNG 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 LNG into the system prior to final approval;
(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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