Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 10 - Intrastate Gas Pipelines and Underground Gas Storage › Rule 199-10.1 - General Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Purpose
			 and authority.
The purpose of this chapter is to implement the
			 requirements in Iowa Code chapter 479 and to establish procedures and filing
			 requirements for a permit to construct, maintain, and operate an intrastate gas
			 pipeline, for an amendment to an existing permit, and for renewal of an
			 existing permit. This chapter also implements the requirements in Iowa Code
			 chapter 479 for permits for underground storage of natural gas. The rules
			 relating to intrastate gas pipelines and underground gas storage in this
			 chapter are adopted by the Iowa utilities commission (commission) pursuant to
			 Iowa Code section 479.17. The rules in this chapter do not apply to interstate
			 pipe, pipes, or pipelines used in the transportation or transmission of natural
			 gas or hazardous liquids.
(2)
When a permit is required.
A pipeline permit shall be required
			 for any pipeline which will operate at a pressure in excess of 150 pounds per
			 square inch gauge (psig) or which, regardless of operating pressure, is a
			 transmission line as defined in ASME B31.8 or  49 CFR 192.3. Using the factors
			 set out in rule 199-10.14 (479), the commission shall determine whether a
			 pipeline is a transmission line and requires a permit.
(3)
Definitions.
Technical
			 terms not defined in this chapter shall be as defined in the appropriate
			 standard adopted in rule 199-10.12 (479). For the administration and
			 interpretation of this chapter, the following words and terms shall have the
			 following meanings:
"Affected person"
means any person with a
				legal right or recorded interest in the property, including but not limited to
				a landowner, a contract purchaser of record, a person possessing the property
				under a lease, a record lienholder, and a record encumbrancer of the
				property.
"Amendment of permit"
means that changes to
				the pipeline permit or pipeline require the filing of a petition to amend an
				existing pipeline permit as described in rule 199-10.9 (479).
"Approximate right angle"
means within 5
				degrees of a 90 degree angle.
"CFR"
means the Code of Federal Regulations,
				which contains the general administrative rules adopted by federal departments
				and agencies, in effect as of December 22, 2021, unless a separate effective
				date is identified in a specific rule.
"Commission"
means the utilities commission
				within the utilities division of the department of commerce.
"County inspector"
means a professional
				engineer licensed under Iowa Code chapter 542B who is familiar with
				agricultural and environmental inspection requirements and has been employed by
				a county board of supervisors to do an on-site inspection of a proposed
				pipeline for compliance with 199-Chapter 9 and Iowa Code chapter 479.
"Gathering line"
means a natural gas pipeline
				that transports gas from a current production facility to a transmission line
				or main as interpreted by  49 CFR 192.8.
"Multiple line crossing"
means a point at
				which a proposed pipeline will either cross over or under an existing
				pipeline.
"Negotiating"
means contact between a pipeline
				company and a person with authority to negotiate an easement that involves the
				location, damages, compensation, or other matter that is prohibited by Iowa
				Code section 479.5(5). Contact for purposes of obtaining addresses and other
				contact information from a landowner or tenant is not considered
				negotiation.
"Permit"
means a new, amended, or renewal
				permit issued by the commission.
"Person"
means an individual, corporation,
				limited liability company, government or governmental subdivision or agency,
				business trust, estate, trust, partnership or association, or any other legal
				entity.
"Pipeline"
means any pipe, pipes, or pipelines
				used for the intrastate transportation or transmission of any solid, liquid, or
				gaseous substance, except water.
"Pipeline company"
means any person engaged in
				or organized for the purpose of owning, operating, or controlling pipelines for
				the intrastate transportation or transmission of any solid, liquid, or gaseous
				substance, except water.
"Underground storage"
means storage of natural
				gas in a subsurface stratum or formation of the earth.
(4)
Railroad crossings.
Where these rules call for the consent or other showing of right from a
			 railroad for a railroad crossing, an affidavit filed by a petitioner which
			 states that proper application for approval of railroad crossing has been made,
			 that a one-time crossing fee has been paid as provided for in rule
			 199-42.3 (476), and that 35 days have passed since mailing of the application
			 and payment with no claim of special circumstance or objection from the
			 railroad will be accepted as a showing of consent for the crossing.