Current through Reg. 49, No. 12; March 22, 2024
(a)
Each operator of a pipeline or gathering system, other than an operator
excluded under §
RSA
8.1<subdiv>(b)(4)</subdiv> of
this title (relating to General Applicability and Standards), subject to the
jurisdiction of the Commission, shall obtain a pipeline permit, to be renewed
annually, from the Commission as provided in this rule. Production or flow
lines that are subject to §
RSA
8.1<subdiv>(a)(1)(B) and
(a)(1)(D)</subdiv> of this title must comply
with this section. All other production or flow lines as defined in this
subsection are exempt from complying with this section. A production or flow
line is piping used for production operations that generally occur upstream of
gathering or other pipeline facilities. For the purposes of this subsection,
piping used in "production operations" means piping used for production and
preparation for transportation or delivery of hydrocarbon gas and/or liquids,
and includes the following processes:
(1)
extraction and recovery, lifting, stabilization, treatment, separation,
production processing, storage, and measurement; and P> (2) associated
production compression, gas lift, gas injection, or fuel gas
supply.
(b) To obtain a
new pipeline permit or to amend a permit because of a change of classification,
an operator shall file an application for a pipeline permit on the Commission's
online permitting system. The operator shall include or attach the following
documentation and information:
(1) the contact
information for the individual who can respond to any questions concerning the
pipeline's construction, operation or maintenance;
(2) the requested classification and purpose
of the pipeline or pipeline system as a common carrier, a gas utility or a
private line;
(3) a sworn statement
from the pipeline applicant providing the operator's factual basis supporting
the classification and purpose being sought for the pipeline, including, if
applicable, an attestation to the applicant's knowledge of the eminent domain
provisions in Texas Property Code, Chapter 21, and the Texas Landowner's Bill
of Rights as published by the Office of the Attorney General of Texas;
and
(4) documentation to provide
support for the classification and purpose being sought for the pipeline, if
applicable; and
(5) any other
information requested by the Commission.
(c) To renew an existing permit, to amend an
existing permit for any reason other than a change in classification, or to
cancel an existing permit, an operator shall file an application for a pipeline
permit on the Commission's online filing system. The operator shall include or
attach:
(1) the contact information for the
individual who can respond to any questions concerning the pipeline's
construction, operation, or maintenance; change in operator or ownership; or
other change including operator cessation of pipeline operation;
(2) a statement from the pipeline operator
confirming the current classification and purpose of the pipeline or pipeline
system as a common carrier, a gas utility or a private line, if applicable;
and
(3) any other information
requested by the Commission.
(d) Upon receipt of a complete permit
application, the Commission has 30 calendar days to issue, amend, or deny the
pipeline permit as filed. If the Commission determines that the application is
incomplete, the Commission shall promptly notify the applicant of the
deficiencies and specify the additional information necessary to complete the
application. Upon receipt of a revised application, the Commission has 30
calendar days to determine if the application is complete and issue, amend, or
deny the pipeline permit as filed.
(e) If the Commission is satisfied from the
application and the documentation and information provided in support thereof,
and its own review, that the proposed line is, or will be laid, equipped,
managed and operated in accordance with the laws of the state and the rules and
regulations of the Commission, the permit may be granted. The pipeline permit,
if granted, shall classify the pipeline as a common carrier, a gas utility, or
a private pipeline based upon the information and documentation submitted by
the applicant and the Commission's review of the application.
(f) This rule applies to applications made
for new pipeline permits and to amendments, renewals, and cancellations of
existing pipeline permits. The classification of a pipeline under this rule
applies to extensions, replacements, and relocations of that
pipeline.
(g) The Commission may
delegate the authority to administratively issue pipeline permits.
(h) The pipeline permit, if granted, shall be
revocable at any time after a hearing, held after 10 days' notice, if the
Commission finds that the pipeline is not being operated in accordance with the
laws of the state and the rules and regulations of the Commission including if
the permit is not renewed annually as required in subsection (a) of this
section.
(i) Each pipeline operator
shall pay an annual fee based on the pipeline operator's permitted mileage of
pipeline by August 31, 2018, for the initial year that the requirement is in
effect, and by April 1 for each subsequent year.
(1) For purposes of calculating the mileage
fee, the Commission will categorize pipelines into two groups.
(A) Group A includes transmission and
gathering pipelines that are required by Commission rules to have a valid T-4
permit to operate and are subject to the regulations in 49 CFR Parts 192 and
195, such as natural gas transmission and storage pipelines, natural gas
gathering pipelines, hazardous liquids transmission and storage pipelines, and
hazardous liquids gathering pipelines.
(B) Group B includes pipelines that are
required by Commission rules to have a valid T-4 permit to operate but are not
subject to the regulations in 49 CFR Parts 192 and 195 such as gathering
pipelines. Group B also includes gathering pipelines required to comply with
§ 8.110 of this title (relating to Gathering Pipelines).
(2) An operator of a Group A
pipeline shall pay an annual fee of $20 per mile of pipeline based on the
number of miles permitted to that operator as of June 29, 2018, for the initial
year that the requirement is in effect and as of December 31 for each
subsequent year.
(3) An operator of
a Group B pipeline shall pay an annual fee of $10 per mile of pipeline based on
the number of miles permitted to that operator as of June 29, 2018, for the
initial year that the requirement is in effect and as of December 31 for each
subsequent year.
(4) Any pipeline
distance that is a fraction of a mile will be considered as one mile and will
be assessed a $20 or $10 fee, as appropriate.
(5) Fees due to the Commission for mileage
transferred from one operator to another operator pursuant to subsection (o) of
this section will be captured in the next mileage fee to be calculated on the
following December 31 and paid by the new operator.
(j) Beginning October 1, 2018, each pipeline
operator shall pay a $500 permit processing fee for each new permit application
and permit renewal.
(1) From October 1, 2018,
to August 31, 2020, the permit renewal date for a pipeline operator who has an
existing, valid permit in the Commission's online filing system will be the
date shown in the online filing system on June 29, 2018, when the pipeline
mileage is calculated for purposes of paying the mileage fee. A permit renewal
date will not be affected or changed by an operator requesting or receiving a
permit amendment.
(2) Beginning
September 1, 2020, operators shall file their annual renewals as follows:
(A) Companies with names beginning with
letters A through C shall file in February;
(B) Companies with names beginning with
letters D through E shall file in March;
(C) Companies with names beginning with
letters F through L shall file in April;
(D) Companies with names beginning with
letters M through P shall file in May;
(E) Companies with names beginning with
letters Q through T shall file in June; and
(F) Companies with names beginning with
letters U through Z and companies with names beginning with numerical values or
other symbols shall file in July.
(k) Beginning September 1, 2020, operators
shall comply with the following:
(1) If a
permit is transferred, in the Commission fiscal year of the transfer the
acquiring operator shall renew that permit in its designated month pursuant to
subsection (j)(2) of this section. If the acquiring operator receives a
transferred permit in a Commission fiscal year and its renewal month has
already passed, the acquiring operator shall pay the renewal fee upon
transfer.
(2) If an operator adds a
new permit and pays the new permit fee, the operator is not required to pay the
renewal fee for that permit in the same Commission fiscal year.
(3) If an operator adds a new permit after
its renewal month has passed, the new permit shall be renewed the following
Commission fiscal year in the operator's designated month pursuant to
subsection (j)(2) of this section.
(l) A pipeline operator who fails to renew a
permit on or before the renewal deadline which is the last day of the
operator's required filing month as specified in subsection (j) of this section
shall pay a late-filing fee as follows:
(1)
$250, if the renewal application is received within 30 calendar days after the
renewal deadline date;
(2) $500, if
the renewal application is received more than 30 calendar days and no more than
60 calendar days after the renewal deadline date; and
(3) $700, if the renewal application is
received more than 60 calendar days after the renewal deadline date.
(4) If the renewal application is not
received within 90 calendar days of the renewal deadline date, the Commission
may assess a penalty and/or revoke the operator's permit in accordance with
subsection (h) of this section.
(m) A pipeline operator with a total mileage
of 50 miles or less of pipeline who fails to pay the annual mileage fee as
specified in subsection (i) of this section shall pay a late-filing fee as
follows:
(1) $125, if the fee is received
within 30 calendar days of April 1;
(2) $250, if the fee is received more than 30
calendar days and no more than 60 calendar days after April 1; and
(3) $350, if the fee is received more than 60
calendar days after April 1.
(4) If
the fee is not received within 90 calendar days of April 1, the Commission may
assess a penalty and/or revoke the operator's permit in accordance with
subsection (h) of this section.
(n) A pipeline operator with a total mileage
of more than 50 miles of pipeline who fails to pay the annual mileage fee shall
pay a late-filing fee as follows:
(1) $250,
if the fee is received within 30 calendar days of August 31 for the initial
year that the requirement is in effect and April 1 for each subsequent
year;
(2) $500, if the fee is
received more than 30 calendar days and no more than 60 calendar days after
August 31 for the initial year that the requirement is in effect and April 1
for each subsequent year; and
(3)
$700, if the fee is received more than 60 calendar days after August 31 for the
initial year that the requirement is in effect and April 1 for each subsequent
year.
(4) If the fee is not
received within 90 calendar days of August 31 for the initial year that the
requirement is in effect or April 1 for each subsequent year, the Commission
may assess a penalty and/or revoke the operator's permit in accordance with
subsection (h) of this section.
(o) A pipeline operator who has been issued a
permit and is transferring the pipeline or a portion of the pipeline included
on the permit to another operator shall file a notification of transfer with
the Commission within 30 days following the transfer. An operator may file a
fully executed Form T-4B as a notification of transfer. The Commission may use
a fully executed Form T-4B to remove the pipeline that is the subject of the
transfer from the transferor operator and assign the mileage to the transferee
operator for calculation of the annual mileage fee. The operator to which the
pipeline has been transferred shall amend its permit to include the pipeline or
portion of the pipeline within 30 days following the transfer or the operator
may be subject to a penalty for operating without a permit pursuant to
subsection (p) of this section.
(p)
A pipeline operator who operates a pipeline without a permit, with an expired
permit, or who otherwise fails to comply with this section, may be assessed a
penalty as prescribed in §
RSA
8.135 of this title (relating to Penalty
Guidelines for Pipeline Safety Violations).
(q) Interstate pipelines are exempt from the
fee requirements of this section.