reglab/statecodes huggingface dataset:
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 7.310 - System of Accounts

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  provided in this section, each gas utility, as defined in §
										RSA 7.115
				  of this title (relating to Definitions), shall utilize the Federal Energy
				  Regulatory Commission's (FERC) Uniform System of Accounts (USOA) prescribed for
				  Natural Gas Companies subject to the Provisions of the Natural Gas Act (as
				  amended from time to time) for all operating and reporting purposes.
				  Gas-gathering utilities, as defined in §
										RSA 7.115
				  of this title (relating to Definitions), shall not be required to operate under
				  the FERC USOA, but shall be required to report under those accounts for annual
				  report and gas utility tax purposes pursuant to §
										RSA
				  7.301 of this title (relating to Annual
				  Report) and §
										RSA
				  7.351 of this title (relating to Gas Utility
				  Tax). The FERC USOA shall be applicable to all gas utility and gas utility
				  related operations regardless of location, except those gas-gathering utilities
				  as defined in this chapter.
(b) As
				  provided in General Instruction 3.C. of the FERC USOA, a gas utility may use a
				  different system of account numbers than those prescribed by the FERC USOA if
				  the gas utility maintains a readily available cross-reference between its
				  account numbers and the prescribed account numbers. The contents of each
				  account, however, must conform to the account definitions set forth in the
				  USOA.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 7 - GAS SERVICES › Subchapter D - CUSTOMER SERVICE AND PROTECTION › Section 7.455 - Curtailment Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
				  The following words and terms, when used in this section, shall have the
				  following meanings, unless the context clearly indicates otherwise.
(1) Balancing authority--The Electric
				  Reliability Council of Texas or other responsible entity that integrates
				  resource plans ahead of time, maintains electricity demand and resource balance
				  within a balancing authority area, and supports interconnection frequency in
				  real time for a power region in Texas.
(2) Commission--The Railroad Commission of
				  Texas.
(3) Curtailment event--When
				  a gas utility determines that its ability to deliver gas may become inadequate
				  to support continuous service to firm customers on its system and it reduces
				  deliveries to one or more firm customers. For the purposes of this section, an
				  interruption of delivery or service to interruptible gas customers does not
				  constitute a curtailment event. Prior to reducing deliveries to one or more
				  firm customers, a gas utility interrupts deliveries to interruptible customers
				  pursuant to mutually agreed upon contracts and/or tariffs.
(4) Electric generation
				  facilities--Facilities registered with the applicable balancing authority
				  including bulk power system assets, co-generation facilities, distributed
				  generation, and backup power systems.
(5) Firm or firm deliveries--Natural gas
				  deliveries that are described as firm under a contract or tariff.
(6) Gas utility--An entity that operates a
				  natural gas transmission pipeline system or a local distribution company that
				  is subject to the Commission's jurisdiction as defined in Texas Utilities Code,
				  Title 3.
(7) Human needs
				  customers--Residences, hospitals, water and wastewater facilities, police,
				  fire, military and civil defense facilities, and locations where people may
				  congregate in an emergency such as schools and places of worship. A human needs
				  customer also includes small commercial customers that cannot practicably be
				  curtailed without curtailing human needs.
(8) Interruptible or interruptible
				  deliveries--Natural gas deliveries that are not described as firm under a
				  contract or tariff.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 7 - GAS SERVICES › Subchapter D - CUSTOMER SERVICE AND PROTECTION › Section 7.460 - Suspension of Gas Utility Service Disconnection During an Extreme Weather Emergency

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicability and scope. This rule applies to gas utilities, as defined in
				  Texas Utilities Code, §
										101.003(7)
				  and §
										121.001, and to
				  owners, operators, and managers of mobile home parks or apartment houses who
				  purchase natural gas through a master meter for delivery to a dwelling unit in
				  a mobile home park or apartment house, pursuant to Texas Utilities Code,
				  §§
										124.001 -
				  124.002, within the
				  jurisdiction of the Railroad Commission pursuant to Texas Utilities Code,
				  §
										102.001. For purposes
				  of this section, all such gas utilities and owners, operators and managers of
				  master meter systems shall be referred to as "providers." Providers shall
				  comply with the following service standards. A gas distribution utility shall
				  file amended service rules incorporating these standards with the Railroad
				  Commission in the manner prescribed by law.
(b) Disconnection prohibited. Except where
				  there is a known dangerous condition or a use of natural gas service in a
				  manner that is dangerous or unreasonably interferes with service to others, a
				  provider shall not disconnect natural gas service in the following
				  circumstances.
(1) A provider shall not
				  disconnect a delinquent residential customer during an extreme weather
				  emergency. An extreme weather emergency means a day when the previous day's
				  highest temperature did not exceed 32 degrees Fahrenheit and the temperature is
				  predicted to remain at or below that level for the next 24 hours according to
				  the nearest National Weather Station for the county where the customer takes
				  service.
(2) A provider shall not
				  disconnect a delinquent residential customer for a billing period in which the
				  provider receives a written pledge, letter of intent, purchase order, or other
				  written notification from an energy assistance provider that it is forwarding
				  sufficient payment to continue service.
(3) A provider shall not disconnect a
				  delinquent residential customer on a weekend day, unless personnel or agents of
				  the provider are available for the purpose of receiving payment or making
				  collections and reconnecting service.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 7 - GAS SERVICES › Subchapter D - CUSTOMER SERVICE AND PROTECTION › Section 7.465 - Abandonment

Current through Reg. 49, No. 28; July 12, 2024
(a) Service to a
				  local distribution company or city gate customer. A gas utility shall obtain
				  written Commission approval prior to the abandonment or permanent
				  discontinuance of service to any local distribution company or city gate
				  customer that involves the removal or abandonment of facilities other than a
				  meter.
(1) Except in pipeline safety
				  emergencies, the gas utility shall file an application to abandon or
				  permanently discontinue service to a local distribution company or city gate
				  customer with the Director at least 60 days prior to the proposed effective
				  date of the proposed abandonment or permanent discontinuance of service. In
				  addition to the information required in §
											RSA
				  1.32 of this title (relating to Form and
				  Content of Pleadings), the application shall state the following:
(A) the number of affected customers in each
				  class;
(B) the names and addresses
				  of the local distribution company or city gate customer affected;
(C) the specific reasons for the proposed
				  abandonment or permanent discontinuance of service;
(D) a description, age, and condition of the
				  pipeline or plant that the gas utility proposes to abandon or through which it
				  proposes to permanently discontinue service;
(E) the revenue from and cost to continue the
				  existing service to the affected local distribution company or city gate
				  customers;
(F) all reasonable
				  alternative energy sources available to the affected local distribution company
				  or city gate customers, and the cost of such energy sources on an MMBtu
				  equivalent basis;
(G) the cost per
				  customer of each conversion to available alternative energy sources;
(H) any previous notice provided by the
				  utility to the affected local distribution company or city gate
				  customer;
(I) a statement that the
				  application is subject to Commission approval; and
(J) a statement of the affected local
				  distribution company or city gate customer's right to intervene in the
				  application.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 7 - GAS SERVICES › Subchapter D - CUSTOMER SERVICE AND PROTECTION › Section 7.470 - Natural Gas Bill Payment by the State or a State Agency

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  purpose of this section is to implement requirements in Texas Utilities Code,
				  §
										RSA
				  104.255.
(b) Definitions. The terms "payment,"
				  "service," and "state agency," when used in this section, have the meanings
				  given in Texas Government Code, §
										RSA
				  2251.001. The terms "gas utility" and
				  "municipally owned utility" have the meanings given in Texas Utilities Code,
				  §
										RSA
				  101.003.
(c) Payment requirements. For natural gas
				  utility service provided by a gas utility or by a municipally owned utility to
				  the state or a state agency, the payer and payee must comply with Texas
				  Government Code, Chapter 2251, and with 34 Texas Administrative Code
				  §§ 20.481, 20.487, and 20.488(relating to Definitions; Invoicing
				  Standards; and Payments) . In addition, the following provisions apply to gas
				  utilities and municipally owned utilities:
(1) Gas utilities and municipally owned
				  utilities are prohibited from billing the state or a state agency for a service
				  before the service is provided.
(2)
				  A gas utility or a municipally owned utility may enter into an agreement with
				  the state or a state agency to establish a level or average monthly billing
				  plan only if the billing plan includes a provision for quarterly reconciliation
				  of the leveled or averaged bills.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 7 - GAS SERVICES › Subchapter D - CUSTOMER SERVICE AND PROTECTION › Section 7.475 - Municipality Contact Information for Notice of Disconnection for Non-Payment for Non-Submetered Master Metered Multifamily Properties

Current through Reg. 49, No. 28; July 12, 2024
(a) A municipality
				  entitled to receive notice of service disconnections for non-payment for
				  non-submetered master metered multifamily properties pursuant to Texas
				  Utilities Code, §
										RSA
				  104.352, may provide the Commission with the
				  contact information of the municipality's authorized representative designated
				  to receive such notice.
(b) A
				  municipality shall provide its authorized representative's contact information
				  by mail to Director, Oversight and Safety Division, Railroad Commission of
				  Texas, P.O. Box 12967, Austin, Texas 78711-2967, or through any other method as
				  indicated on the Commission's website.
(c) The Commission shall make the
				  municipalities' contact information available to the public.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 7 - GAS SERVICES › Subchapter E - RATES AND RATE-SETTING PROCEDURES › Section 7.501 - Certain Matters to be Submitted in Rate Hearings

Current through Reg. 49, No. 28; July 12, 2024
In any rate-setting hearing not expressly limited to the
					 consideration of certain issues, the gas utility shall present, in addition to
					 any other matters required or permitted to be presented, evidence on the
					 following:
(1) all profits or losses
				  resulting from the sale or lease of appliances, fixtures, equipment, or other
				  merchandise; and the extent, if any, to which the profit or loss on such
				  merchandise is integral to the provision of natural gas and natural gas
				  service;
(2) the amount of any
				  income tax savings or deferrals derived from the application of such methods as
				  liberalized depreciation or amortization;
(3) the amount of any investment tax credit
				  taken since 1971 on the property in question in the proceeding, stated
				  according to the year in which it was taken; the original cost and depreciable
				  life of any property on which any investment tax credit was taken, stated
				  according to the year of acquisition; and whether the utility has made an
				  election pursuant to
				  26 United States Code
				  §46<subdiv>(e)(1)</subdiv>;
(4) a statement of all payments of
				  compensation (other than salary or wages subject to withholding of federal
				  income tax) to residents of Texas, or with respect to legal or administrative
				  matters in Texas, or for representation before the Texas Legislature or any
				  governmental agency or body. This statement shall include the actual expense
				  for the test year, with any adjustments for known changes, and the actual
				  expenses for the last odd-numbered calendar year;
(5) a statement of the total amount expended
				  during the test year for legislative advocacy, with any adjustments for known
				  changes, and the actual amount of any such expenses for the last odd-numbered
				  year; and
(6) the amounts expended
				  during the test year, with the corresponding amount for each, for business
				  gifts, entertainment, charitable or civic contributions; institutional
				  advertising; conservational advertising; consumption-inducing advertising; and
				  other advertising.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 7 - GAS SERVICES › Subchapter E - RATES AND RATE-SETTING PROCEDURES › Section 7.503 - Evidentiary Treatment of Uncontroverted Books and Records of Gas Utilities

Current through Reg. 49, No. 28; July 12, 2024
(a) In any
				  proceeding before the Commission involving a gas utility that keeps its books
				  and records in accordance with Commission rules, the amounts shown on its books
				  and records as well as summaries and excerpts therefrom shall be considered
				  prima facie evidence of the amount of investment or expense reflected when
				  introduced into evidence, and such amounts shall be presumed to have been
				  reasonably and necessarily incurred; provided, however, that if any evidence is
				  introduced that an investment or expense item has been unreasonably incurred,
				  then the presumption as to that specific investment or expense item shall no
				  longer exist and the gas utility shall have the burden of introducing probative
				  evidence that the challenged item has been reasonably and necessarily incurred.
				  The gas utility shall be given a reasonable opportunity to prepare and present
				  such additional evidence relevant to the reasonableness or necessity of any
				  item so challenged. This section shall apply to the books and records of an
				  affiliate of a gas utility engaged in a transaction with the gas utility as
				  described in the Texas Utilities Code, §
										RSA
				  102.104.
(b) Nothing in this section shall prevent the
				  examiner or any commissioner from requiring the gas utility to provide
				  additional information to support any specific record, fact, or argument at any
				  time, whether or not such was put in issue at the hearing.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 7 - GAS SERVICES › Subchapter E - RATES AND RATE-SETTING PROCEDURES › Section 7.5212 - Construction Work in Progress

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  utility may be permitted to include CWIP in its rate base only where necessary
				  to the financial integrity of the utility. CWIP shall be deemed necessary to
				  the financial integrity of a utility only where shown by clear and convincing
				  evidence that its inclusion is necessary in order to maintain a sufficient
				  financial liquidity so as to meet all capital obligations and to allow the
				  utility to raise needed capital or is necessary to prevent the impairment of a
				  utility's service. A mere averment or demonstration that exclusion of CWIP
				  would result in an increase in the cost of funds to the utility or general
				  assertions that the financial integrity of the utility would be impaired shall
				  not be deemed sufficient to permit such inclusion.
(b) A utility permitted to include CWIP
				  pursuant to this section shall utilize as a rate base amount the expenditures
				  for such projects as are reflected on its books as of the test year. The amount
				  shall be determined in a manner consistent with the calculation of other rate
				  base information to reflect a uniform treatment of the test year
				  items.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 7 - GAS SERVICES › Subchapter E - RATES AND RATE-SETTING PROCEDURES › Section 7.5213 - Allowance for Funds Used During Construction

Current through Reg. 49, No. 28; July 12, 2024
A utility may be permitted, subject to any revenue
					 adjustment required, to include AFUDC related to a project in its rate base in
					 rate proceedings after completion of the project. If, pursuant to this section,
					 a utility is permitted to include CWIP related to a project in its rate base,
					 only that AFUDC accruing prior to such inclusion shall be
					 permitted.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 7 - GAS SERVICES › Subchapter E - RATES AND RATE-SETTING PROCEDURES › Section 7.5252 - Depreciation and Allocations

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Book depreciation and amortization for ratemaking purposes shall be computed on
				  a straight-line basis over the useful life expectancy of the item of property
				  or facility in question.
(b) In any
				  rate proceeding where items of plant, revenues, expenses, taxes, or reserves
				  are shared by or are common to the service area in question and any other
				  service area, these items shall be allocated to fairly and justly apportion
				  them between the area in question and any other service area of the
				  utility.
(c) In any rate proceeding
				  involving a gas utility that engages in both utility and nonutility activities,
				  all items of plant, revenues, expenses, taxes, and reserves shall be allocated
				  to fairly and justly apportion them between the utility operations and the
				  nonutility operations. No items of plant, revenues, expenses, taxes, or
				  reserves allocable to nonutility operations shall be included in any figures
				  used to arrive at any rate to be charged by a gas utility for utility service,
				  unless clearly shown to be integral to utility operations.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 7 - GAS SERVICES › Subchapter E - RATES AND RATE-SETTING PROCEDURES › Section 7.5414 - Advertising, Contributions, and Donations

Current through Reg. 49, No. 28; July 12, 2024
(a) Actual expenditures for advertising shall
				  be allowed as a cost of service for ratemaking purposes provided that the total
				  sum of such expenditures shall not exceed one-half of 1.0% of the gross
				  receipts of the utility for utility services rendered in the public except as
				  provided in this section.
(b) No
				  expenditure for the following special items shall be allowed as a cost of
				  service for ratemaking purposes:
(1) funds
				  spent for advertising for the purpose of influencing public opinion with
				  respect to legislative, administrative, or electoral matters, or with respect
				  to any controversial issue of public importance, including funds spent to mail
				  any such information;
(2) funds
				  expended in support of or membership in social, recreational, fraternal, or
				  religious clubs or organizations; or
(3) funds expended for contributions and
				  donations to charitable, religious, or other nonprofit organizations or
				  institutions.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 7 - GAS SERVICES › Subchapter E - RATES AND RATE-SETTING PROCEDURES › Section 7.5519 - Gas Cost Recovery

Current through Reg. 49, No. 28; July 12, 2024
(a) Each gas
				  utility subject to the original jurisdiction or which becomes subject to the
				  appellate jurisdiction of the Commission may include a purchased gas adjustment
				  clause in its rates to provide for the flow-through of part or all of its gas
				  costs above or below the cost of gas contained in its rates, subject to proof,
				  by a preponderance of the evidence, of certain criteria. Criteria to be used by
				  the Commission in determining whether or not to grant a gas utility a purchased
				  gas adjustment clause as well as the percentage thereof shall include but not
				  be limited to:
(1) the ability of the gas
				  utility to control prices for gas purchased as affected by competition and
				  relative competitive advantage;
(2)
				  the probability of continued frequent price changes; and
(3) the availability of alternate gas supply
				  sources.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 7 - GAS SERVICES › Subchapter E - RATES AND RATE-SETTING PROCEDURES › Section 7.5525 - Lost and Unaccounted for Gas

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  All lost and unaccounted for gas shall be presumed to be lost gas unless the
				  portion represented by unaccounted for gas, including but not limited to losses
				  to company used gas, liquids extraction, and meter errors due to inaccurate
				  calibration or temperature and pressure fluctuations, is proven by a
				  preponderance of the evidence in a given ratemaking proceeding.
(b) All expenses for lost gas in excess of
				  the maximum allowable shall be disallowed for ratemaking purposes.
(1) The maximum allowable for a distribution
				  system is 5.0% of the amount metered in, and the maximum allowable for a
				  transmission system is 3.0% of the amount metered in, except as provided in
				  subsection (c) of this section.
(2)
				  The calculation of the percentage of lost and unaccounted for gas shall be
				  based on an annual period. Notwithstanding the choice of test year for other
				  aspects of ratemaking, and unless a more appropriate period can be demonstrated
				  by a preponderance of the evidence in a given ratemaking proceeding, the annual
				  period ends June 30, and is the most recent such period for which data are
				  available.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 7 - GAS SERVICES › Subchapter E - RATES AND RATE-SETTING PROCEDURES › Section 7.5530 - Allowable Rate Case Expenses

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				  any rate proceeding, any utility and/or municipality claiming reimbursement for
				  its rate case expenses pursuant to Texas Utilities Code, §
										RSA
				  103.022<subdiv>(b)</subdiv>,
				  shall have the burden to prove the reasonableness of such rate case expenses by
				  a preponderance of the evidence. Each gas utility and/or municipality shall
				  detail and itemize all rate case expenses and allocations and shall provide
				  evidence showing the reasonableness of the cost of all professional services,
				  including but not limited to:
(1) the amount
				  of work done;
(2) the time and
				  labor required to accomplish the work;
(3) the nature, extent, and difficulty of the
				  work done;
(4) the originality of
				  the work;
(5) the charges by others
				  for work of the same or similar nature; and
(6) any other factors taken into account in
				  setting the amount of the compensation.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 7 - GAS SERVICES › Subchapter F - PIPELINE APPEAL OF CITY ASSESSMENT OF ANNUAL CHARGE › Section 7.6001 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  following words and terms, when used in this subchapter, shall have the
				  following meanings, unless the context clearly indicates otherwise:
(1) City--The city or the municipality that
				  assessed an annual charge pursuant to Texas Natural Resources Code, §
											RSA
				  117.102<subdiv>(b)(1)</subdiv>,
				  or Texas Utilities Code, §
											RSA
				  121.2025<subdiv>(b)(1)</subdiv>.
(2) Director--The director of the Oversight
				  and Safety Division or the director's delegate.
(3) Pipeline--An owner or an operator of a
				  hazardous liquid, carbon dioxide, or natural gas pipeline facility that is
				  located in a public right-of-way in the city.
(4) Public right-of-way in the city--Public
				  roads, highways, streets, alleys, streams, canals, or other public ways located
				  within a city and maintained by the city.
(5) Regulating a pipeline
				  facility--Administering, supervising, inspecting, and otherwise regulating the
				  location of a pipeline facility, including maintaining records and maps of the
				  location of the pipeline facility.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 7 - GAS SERVICES › Subchapter F - PIPELINE APPEAL OF CITY ASSESSMENT OF ANNUAL CHARGE › Section 7.6002 - Procedure for Filing and Service of an Appeal, Obligation of City to Respond, and Intervention

Current through Reg. 49, No. 28; July 12, 2024
(a) A pipeline
				  shall file an appeal under this subchapter in writing no later than one year
				  after the pipeline receives the invoice for or a similar written notice of the
				  charge being appealed.
(b) The
				  pipeline shall file the appeal with the director, who shall assign a docket
				  number. Thereafter, all documents relating to the appeal shall include the
				  assigned docket number and shall be filed in the Docket Services
				  Section.
(c) The pipeline shall
				  mail or deliver a copy of the appeal to the city attorney, the city secretary,
				  or any other city official authorized to receive service of process in civil
				  proceedings within 5 days of the date the pipeline files the appeal at the
				  Commission.
(d) The city shall have
				  90 days from the date it receives a copy of the company's appeal to the
				  Commission to file its response to the appeal, in writing, at the Commission.
				  The city shall simultaneously serve a copy of the response on the
				  pipeline.
(e) The examiners may
				  require the city to mail notice of the appeal to each pipeline identified in
				  the city's response, at the address stated in the response, stating that the
				  pipeline may intervene in the appeal.
(f) Another pipeline with a pipeline facility
				  within public right-of-way in the city may file a motion to intervene in the
				  appeal within 30 days after any notice of the appeal is mailed to the pipelines
				  pursuant to subsection (e) of this section.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 7 - GAS SERVICES › Subchapter F - PIPELINE APPEAL OF CITY ASSESSMENT OF ANNUAL CHARGE › Section 7.6003 - Contents of Appeal

Current through Reg. 49, No. 28; July 12, 2024
(a) The pipeline
				  shall include the name, mailing address, and telephone number, and facsimile
				  transmission number and electronic mail address, if available, of the following
				  entities:
(1) the pipeline and any authorized
				  representative of the pipeline; and
(2) the city attorney, the city secretary, or
				  any other city official authorized to represent the city in an appeal filed
				  under this subchapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 7 - GAS SERVICES › Subchapter F - PIPELINE APPEAL OF CITY ASSESSMENT OF ANNUAL CHARGE › Section 7.6004 - Contents of Response

Current through Reg. 49, No. 28; July 12, 2024
(a) The city
				  shall include the name, mailing address, and telephone number, and facsimile
				  transmission number and electronic mail address, if available, of every
				  pipeline that has been assessed an annual charge under Texas Natural Resources
				  Code, §
										RSA
				  117.102<subdiv>(b)(1)</subdiv>,
				  or Texas Utilities Code, §
										RSA
				  121.2025<subdiv>(b)(1)</subdiv>.
(b) The city shall provide a detailed
				  explanation of its methodology for calculating the annual charge assessed
				  against the applicable pipelines, including but not limited to:
(1) a detailed explanation of and the
				  specific cost elements for regulating the applicable pipeline facilities and
				  all other pipeline facilities located on, along, or across public right-of-way
				  in the city, based on historical costs actually incurred adjusted for known and
				  measurable changes;
(2) a list of
				  every owner or operator of pipeline facilities that are located on, along, or
				  across public right-of-way in the city, the type and distance of each pipeline
				  facility within public right-of-way in the city, and the name, mailing address,
				  and telephone number, and facsimile transmission number and electronic mail
				  address, if any, of each such pipeline and its authorized representative
				  contained in city records;
(3) the
				  total mileage for and charges assessed against all pipeline facilities of each
				  type located on, along, or across public right-of-way in the city;
				  and
(4) for those pipeline
				  facilities that are located on, along, or across public right-of-way in the
				  city but that were not assessed an annual charge, a detailed explanation of the
				  reason for not assessing the annual charge.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 7 - GAS SERVICES › Subchapter F - PIPELINE APPEAL OF CITY ASSESSMENT OF ANNUAL CHARGE › Section 7.6005 - Contents of Motion to Intervene

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  pipeline seeking to intervene in an appeal filed by another pipeline shall
				  include the name, mailing address, and telephone number, and facsimile
				  transmission number and electronic mail address, if available, of the movant
				  pipeline and any authorized representative of the movant pipeline.
(b) A pipeline seeking to intervene shall
				  describe the charge assessed by the city against the movant pipeline
				  facilities; state the basis for the pipeline's claim that the charge is not
				  authorized under Texas Natural Resources Code, §
										RSA
				  117.102<subdiv>(b)(1)</subdiv>,
				  or Texas Utilities Code, §
										RSA
				  121.2025<subdiv>(b)(1)</subdiv>;
				  include all supporting documentation and citations to authority; and state the
				  movant pipeline's justiciable interest in the appeal in which the movant
				  pipeline seeks to intervene.
(c)
				  The movant pipeline or its authorized representative shall sign the motion to
				  intervene in ink.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 7 - GAS SERVICES › Subchapter F - PIPELINE APPEAL OF CITY ASSESSMENT OF ANNUAL CHARGE › Section 7.6006 - Standards for Determining an Appeal

Current through Reg. 49, No. 28; July 12, 2024
(a) In an appeal brought under this
				  subchapter, the city has the burden of establishing that every annual charge at
				  issue is authorized by Texas Natural Resources Code, §
										RSA
				  117.102, or Texas Utilities Code, §
										RSA
				  121.2025. If the city fails to demonstrate
				  that any annual charge at issue is authorized by Texas Natural Resources Code,
				  §
										RSA
				  117.102, or Texas Utilities Code, §
										RSA
				  121.2025, the Commission shall either declare
				  the annual charge invalid in its entirety or shall reduce the annual charge to
				  an amount authorized by Texas Natural Resources Code, §
										RSA
				  117.102, or Texas Utilities Code, §
										RSA
				  121.2025.
(b) A city may assess a reasonable annual
				  charge for the placement, construction, maintenance, repair, replacement,
				  operation, use, relocation, or removal by an owner or operator of a pipeline
				  facility on, along, or across public right-of-way in the city. This charge may
				  not exceed the cost to the city of regulating the pipeline facility.
(c) In determining whether an annual charge
				  is reasonable, the Commission may consider:
(1) whether the charges assessed by the city
				  against pipeline facilities are commensurate with charges assessed for other
				  uses of public right-of-way in the city, other than by franchised public
				  utilities;
(2) whether the charges
				  assessed by the city are commensurate with charges assessed against pipeline
				  facilities in public right-of-way by other cities in Texas; and
(3) whether total costs of regulating
				  pipeline facilities within the city are fairly allocated among all pipeline
				  facilities, including whether the exclusion of any pipelines from the charges
				  is reasonable.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 7 - GAS SERVICES › Subchapter F - PIPELINE APPEAL OF CITY ASSESSMENT OF ANNUAL CHARGE › Section 7.6007 - Procedure for Determining and Sharing of the Commission's Costs

Current through Reg. 49, No. 28; July 12, 2024
(a) The pipelines
				  and a city that are parties to an appeal under this subchapter shall reimburse
				  the Commission for its costs incurred in connection with the appeal. In each
				  appeal, the city shall pay half of the Commission's costs and each pipeline
				  that files or intervenes in the appeal shall pay an equal share of the half of
				  Commission's costs.
(b) The
				  Commission shall determine its costs as follows:
(1) The director and the Hearings Division
				  shall require employees assigned to an appeal under this subchapter to keep
				  records of time spent on each appeal. These shall be filed with and made part
				  of the record in each appeal docket.
(2) The Commission shall from time to time
				  specify an hourly rate as its costs for each employee hour devoted to appeals
				  under this subchapter. The rate shall be based on the employee's hourly
				  compensation and multiplied by a factor to cover employment benefit costs and
				  fairly allocable overhead costs (use of copiers, faxes, telephones, computers,
				  hearing room, etc.).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 7 - GAS SERVICES › Subchapter G - CODE OF CONDUCT › Section 7.7001 - Natural Gas Transportation Standards and Code of Conduct

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this section is
				  to specify standards of conduct governing the provision of gas transportation
				  services in order to prevent discrimination prohibited by the Common Purchaser
				  Act, Texas Natural Resources Code, §
										RSA
				  111.081, et seq.; the Texas Utilities Code,
				  Titles 3 and 4, which if violated, as found by the Commission, may constitute
				  evidence of unlawful discriminatory activity. Any exemptions provided in this
				  rule do not diminish statutory prohibitions against discrimination.
(b) Code of conduct. A transporter that
				  provides transportation services for any shipper (including affiliate shippers)
				  shall:
(1) apply any tariff or contract
				  provision for transportation services which provides for discretion in the
				  application of the provision in a similar manner to similarly-situated
				  shippers;
(2) enforce any tariff or
				  contract provision for transportation services if there is no discretion stated
				  in the tariff or contract in the application of the provision in a similar
				  manner to similarly-situated shippers;
(3) not give any shipper preference in the
				  provision of transportation services over any other similarly-situated
				  shippers;
(4) process requests for
				  transportation services from any shipper in a similar manner and within a
				  similar period of time as it does for any other similarly-situated shipper; and
				  maintain its books of account in such a fashion that transportation services
				  provided to an affiliate can be identified and segregated.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 7 - GAS SERVICES › Subchapter G - CODE OF CONDUCT › Section 7.7003 - Administrative Penalties and Other Remedies for Discrimination

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				  implements the authority delegated to the Commission by Texas Natural Resources
				  Code, §
										RSA
				  81.058<subdiv>(a) and
				  (b)</subdiv>.
(b) Terms used in this section shall have the
				  same meaning as in §
										RSA
				  2.1 of this title (relating to Informal
				  Complaint Procedure); §
										RSA
				  2.5 of this title (relating to Informal
				  Complaint Process Regarding Loss of or Inability to Account for Gas); and
				  §
										RSA 7.115
				  of this title (relating to Definitions).
(c) The Commission, after notice and
				  opportunity for hearing, may impose an administrative penalty against:
(1) a purchaser, transporter, gatherer,
				  shipper, or seller of natural gas; a person described by Texas Natural
				  Resources Code, §
											RSA
				  81.051<subdiv>(a)</subdiv> or
				  §
											RSA
				  111.081<subdiv>(a)</subdiv>; or
				  any other entity under the jurisdiction of the Commission under the Texas
				  Natural Resources Code that the Commission determines has:
(A) violated §
												RSA
				  7.7001 of this title (relating to Natural Gas
				  Transportation Standards and Code of Conduct) or any other Commission rule
				  adopting standards for entities in the natural gas industry prohibiting
				  unlawful discrimination; or
(B)
				  unreasonably discriminated against a seller of natural gas in the purchase of
				  natural gas from the seller; and
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 7 - GAS SERVICES › Subchapter G - CODE OF CONDUCT › Section 7.7005 - Authority to Set Rates

Current through Reg. 49, No. 28; July 12, 2024
(a) This
				  section implements the authority of the Commission pursuant to Texas Natural
				  Resources Code, §
										RSA
				  81.061.
(b) Terms used in this section shall have the
				  same meaning as in §
										RSA
				  2.1 of this title (relating to Informal
				  Complaint Procedure); §
										RSA
				  2.5 of this title (relating to Informal
				  Complaint Process Regarding Loss of or Inability to Account for Gas); and
				  §
										RSA 7.115
				  of this title (relating to Definitions).
(c) Except for rates established under Texas
				  Utilities Code, Chapter 103, or Texas Utilities Code, Chapter 104, Subchapters
				  C or G, the Commission may use a cost-of-service method or a market-based rate
				  method in setting a rate in a formal rate proceeding.
(d) On the filing of a complaint by a shipper
				  or seller of natural gas, the Commission may set a transportation or gathering
				  rate in a formal rate proceeding if the Commission determines that the rate is
				  necessary to remedy unreasonable discrimination in the provision of
				  transportation or gathering services. The Commission may set a rate regardless
				  of whether the transporter or gatherer is classified as a utility by other
				  law.
(e) The Commission may use a
				  cost-of-service method or a market-based method in setting a rate pursuant to
				  this section in a formal rate proceeding conducted after notice and an
				  opportunity for hearing pursuant to Chapter 1 of this title (relating to
				  Practice and Procedure).
(f) In
				  determining whether to use a cost-of-service method or a market-based method to
				  set rates for transportation or gathering service, the Commission will consider
				  all relevant factors in a formal rate proceeding.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 7 - GAS SERVICES › Subchapter H - INTERIM RATE ADJUSTMENTS › Section 7.7101 - Interim Rate Adjustments

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  General requirements. Pursuant to Texas Utilities Code, §
										RSA
				  104.301, a gas utility may file with the
				  Commission an application for an interim rate adjustment, subject to the
				  requirements of this section. The director may reject any filing that, at the
				  time of filing or within a reasonable time afterward, does not substantially
				  comply with the requirements of this section.
(1) The filing date of the gas utility's most
				  recent rate case in which there is a final order setting rates for the area in
				  which the interim rate adjustment will apply shall be no more than two years
				  prior to the date the gas utility files its initial interim rate adjustment
				  application under this section. The gas utility shall state in its application
				  the gas utilities docket number of the gas utility's most recent rate
				  case.
(2) A gas utility shall file
				  its application for interim rate adjustment with the Commission at least 60
				  days before the proposed implementation date of the interim rate
				  adjustment.
(3) A gas utility shall
				  complete notice of its application for interim rate adjustment to all affected
				  customers in accordance with subsection (b) of this section no later than the
				  45th day after the date the gas utility files its application for interim rate
				  adjustment.
(4) An application for
				  interim rate adjustment is complete on the date the gas utility has filed at
				  the Commission all information required by this section.
(5) A gas utility shall not implement its
				  requested interim rate adjustment until the later of:
(A) the 60th day after the filing is
				  complete;
(B) the day after the
				  utility completes notice to customers; or
(C) the day after the last day of a
				  suspension period imposed pursuant to paragraph (6) of this
				  subsection.
(6) During
				  the 60-day period following a gas utility's filing of an application for
				  interim rate adjustment, the director may suspend the implementation of the
				  interim rate adjustment for a period of up to 45 days from the later of:
(A) the 60th day after the gas utility's
				  application is complete;
(B) the
				  proposed implementation date; or
(C) the day after the utility completes
				  notice to customers.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 8 - PIPELINE SAFETY REGULATIONS › Subchapter A - GENERAL REQUIREMENTS AND DEFINITIONS › Section 8.1 - General Applicability and Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
(1) The rules in this chapter establish
				  minimum standards of accepted good practice and apply to:
(A) all gas pipeline facilities and
				  facilities used in the intrastate transportation of gas, including LPG
				  distribution systems and master metered systems, as provided in 49 United
				  States Code (U.S.C.) §§60101, et seq.; and Texas Utilities Code,
				  §§
												RSA
				  121.001 -
				  RSA
				  121.507;
(B) onshore pipeline and gathering and
				  production facilities, beginning after the first point of measurement and
				  ending as defined by 49 CFR Part 192 as the beginning of an onshore gathering
				  line. The gathering and production beyond this first point of measurement shall
				  be subject to
				  49
				  CFR §
													192.8 and shall be subject to the
				  rules as defined as Type A or Type B gathering lines as those Class 2, 3, or 4
				  areas as defined by
				  49 CFR §
													192.5;
(C) the intrastate pipeline transportation of
				  hazardous liquids or carbon dioxide and all intrastate pipeline facilities as
				  provided in
				  49
				  U.S.C. §§
													60101, et seq.; and Texas
				  Natural Resources Code, §
												RSA
				  117.011 and §
												RSA
				  117.012; and
(D) all pipeline facilities originating in
				  Texas waters (three marine leagues and all bay areas). These pipeline
				  facilities include those production and flow lines originating at the
				  well.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 8 - PIPELINE SAFETY REGULATIONS › Subchapter A - GENERAL REQUIREMENTS AND DEFINITIONS › Section 8.5 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
In addition to the definitions given in 49 CFR Parts 40,
					 191, 192, 193, 195, and 199, the following words and terms, when used in this
					 chapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Affected
				  person--This definition of this term applies only to the procedures and
				  requirements of §
										RSA
				  8.125 of this title (relating to Waiver
				  Procedure). The term includes but is not limited to:
(A) persons owning or occupying real property
				  within 500 feet of any property line of the site for the facility or operation
				  for which the waiver is sought;
(B)
				  the city council, as represented by the city attorney, the city secretary, the
				  city manager, or the mayor, if the property that is the site of the facility or
				  operation for which the waiver is sought is located wholly or partly within any
				  incorporated municipal boundaries, including the extraterritorial jurisdiction
				  of any incorporated municipality. If the site of the facility or operation for
				  which the waiver is sought is located within more than one incorporated
				  municipality, then the city council of every incorporated municipality within
				  which the site is located is an affected person;
(C) the county commission, as represented by
				  the county clerk, if the property that is the site of the facility or operation
				  for which the waiver is sought is located wholly or partly outside the boundary
				  of any incorporated municipality. If the site of the facility or operation for
				  which the waiver is sought is located within more than one county, then the
				  county commission of every county within which the site is located is an
				  affected person;
(D) any other
				  person who would be impacted by the waiver sought.