Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 7 - GAS SERVICES › Subchapter C - RECORDS AND REPORTS; TARIFFS; GAS UTILITY TAX › Section 7.301 - Annual Report

Current through Reg. 49, No. 28; July 12, 2024
(a) Each gas
				  utility, public utility, or utility under the jurisdiction of the Commission
				  shall file with the Commission each year a gathering, transmission, or
				  distribution annual report showing that information required by the Commission
				  to enable it to properly regulate natural gas utilities within the state. The
				  annual report shall be made on a form approved by Gas Services , printed or
				  otherwise made available to all gas utilities by Gas Services . The annual
				  report shall be made on a calendar year basis with the reports being due not
				  later than April 1 of each calendar year for the preceding calendar year. The
				  annual report shall be filed with Gas Services .
(b) All intrastate gas utilities shall file
				  either a gathering, transmission or distribution annual report with Gas
				  Services . Gas gathering utilities, as defined in subsection (c) of this
				  section, shall file the Gathering Annual Report. The Transmission Annual Report
				  shall be filed by those gas utilities that do not meet the definition of a gas
				  gathering utility and are not engaged in the distribution of natural gas to
				  residential and commercial end users. The Distribution Annual Report shall be
				  filed by those gas utilities that are engaged in the retail distribution of gas
				  to end users.
(c) For the purpose
				  of determining which annual report to file, a "gas gathering utility" shall be
				  defined as a gas utility or public utility which employs a pipeline or
				  pipelines and ancillary facilities thereto in the first taking or the first
				  retaining of possession of gas produced by others which extends from any point
				  where such gas is produced, purchased, or received to the trunk line or main
				  line of transportation where such gas is sold or delivered, without regard to
				  the size, the length, or the amount of such gas carried through such pipeline
				  or pipelines to the trunk line or main line of transportation, thus having as
				  its primary function the collecting or collecting and processing of gas
				  produced by others as a preliminary incident to the transportation after it has
				  been severed from the earth by production.
(d) Any utility under the regulation of the
				  Federal Energy Regulatory Commission (FERC) which alleges that it makes no
				  intrastate sales and engages in no intrastate transportation may file a copy of
				  its FERC Form 2 or such other annual report as may be required by that agency
				  in lieu of the annual report form prescribed by this section. The utility shall
				  include an affidavit that the utility makes no intrastate sales and engages in
				  no intrastate transportation and shall provide any other information required
				  by Gas Services . If, upon examination, Gas Services determines that a utility
				  filing under this section should properly have filed an annual report on the
				  form prescribed by Gas Services, Gas Services shall notify the utility in
				  writing and the utility shall file the appropriate report within 30
				  days.
(e) The definition of the
				  "gas gathering utility" system described herein shall apply regardless of
				  whether a gas plant is located on the pipeline or pipelines comprising a gas
				  gathering utility system and regardless of ownership of any such gas
				  plant.
(f) In determining whether a
				  utility meets the definition of gas gathering utility in subsection (c) of this
				  section, the Commission shall determine if the primary function of the pipeline
				  or pipelines is gathering rather than relying solely on the configuration or
				  location of the facilities comprising the system.
(g) This section is made to comply with the
				  orders issued in Gas Utilities Docket Numbers 1, 2, 5, and 6, which orders are
				  hereby incorporated into this section.
(h) If a gas utility is unable to meet the
				  deadline for filing an annual report, the utility may request an extension of
				  time to file. The utility shall make such a request in writing filed with Gas
				  Services , and shall state the reason or reasons the utility cannot meet the
				  filing deadline and the date by which the utility will file the annual report.
				  Gas Services will notify the utility of the new deadline , as
				  approved.