In This Issue

TRRC Adopts Pipeline Permit Rule Amendments

[Utilities Docket No. 10366]

On December 2, 2014, the Texas Railroad Commission (TRRC) adopted pipeline permit rule amendments in 16 TAC §3.70 to clarify how a pipeline operator may be classified by the TRRC as a common carrier. The rule amendments require pipeline operators to verify their claim to be a common carrier when applying for a T-4 Permit to operate a pipeline or when renewing, amending or cancelling an existing permit. The adopted rule amendments take effect on March 1, 2015, and include the following requirements:

  • permit applications must now include additional information including requested classification and purpose of the pipeline or pipeline system as a common carrier, a gas utility or private line operator;
  • permit applications must include a sworn statement from the pipeline applicant providing the operator’s factual basis supporting the classification and purpose being sought for the pipeline;
  • if applicable, the pipeline operator must submit documentation such as a contract or tariff for third-party transportation in the case of a common carrier, along with any other information requested by the Commission;
  • the pipeline T-4 permit, if granted, shall be revocable at any time after a hearing if the Commission finds that the pipeline is not being operated in accordance with state laws and Commission rules and regulations.
  • the applicant must acknowledge the eminent domain provisions in the Texas Landowner’s Bill of Rights.

For a copy of TRRC’s Pipeline Permit Rule Amendments, contact Jessica Foley.