1. (a) Producer's transportation authority and certificate of compliance.

   1. (1) Each operator who is a producer of crude oil, natural gas, or geothermal resources shall file with the commission's Austin office a producer's transportation authority and certificate of compliance for each of the operator's producing properties certifying that the operator has complied with the conservation laws and the oil, gas, and geothermal resources conservation orders, rules, and regulations of the commission in respect to each property. When this report is filed, the oil and gas division shall review the report for completeness and accuracy. When approved, this report shall authorize a transporter (whether the operator or someone else) to transport the oil, gas, or geothermal resources from such property. No certificate of compliance designating or changing the designation of an operator will be approved that is signed, either as transferor or transferee, by a non-employee agent of the organization unless the organization has filed with the commission, on its organization report, the name of the non-employee agent it has authorized to sign such certificates of compliance on its behalf.
   2. (2) The producer's transportation authority and certificate of compliance shall bind the operator until transferred on commission records to another operator.
   3. (3) The appropriate district office or the Austin office may grant temporary authority for an operator to use a transporter not authorized for a particular property in order to take care of production and prevent waste. The operator shall secure such temporary authority in writing from the appropriate district office or the Austin office before the oil is moved. In an emergency situation the operator may secure such temporary authority verbally but shall notify the district office in writing within 10 days after the oil is moved. An emergency situation exists when oil must be moved off a lease because it poses an imminent threat to the public health and safety, or when the threat of waste is imminent. The operator shall also furnish copies of such authorization or notification to the regular transporter and to the temporary transporter.
   4. (4) If an applicant wishes to assume operator status for a property, but is unable to obtain the signature of the previous operator on the producer's transportation authority and certificate of compliance, the applicant must file with the oil and gas division in Austin an explanatory letter and legal documentation of the applicant's right to operate the property. Prior to approval of such an application, the office of the general counsel will notify the last known operator of record, if such operator's address is available, affording such operator an opportunity to protest.
2. (b) Monthly producer's report (oil and geothermal resources). For each calendar month, each operator who is a producer of crude oil or geothermal resources shall file with the commission the required form for each of his producing leases. On or before the last day of the month subsequent to the period or of the report, such operator shall file an original and one copy of each such form, the original to be filed in the Austin office, and one copy with the transporter taking the oil or geothermal resources from the lease.

3. (c) Recovered load oil.

   1. (1) The operator of each lease from which load oil is recovered must file in duplicate the form described as "report of recovered load oil" with the district office, and one copy with the transporter prior to running the load oil. The Report of Recovered Load Oil filed by the operator shall be the authority for the transporter to run the quantity of recovered load oil stated in the form.
   2. (2) The provisions of this subsection apply only to oil that has been obtained from a source other than the lease on which it is used. "Recovered load oil," as that term is used herein, is any oil or liquid hydrocarbons used in any operation in an oil or gas well, and which has been recovered as a merchantable product.

Source Note:The provisions of this §3.58 adopted to be effective January 1, 1976; amended to be effective February 23, 1979, 4 TexReg 436; amended to be effective May 9, 1988, 13 TexReg 2026; amended to be effective May 22, 2000, 25 TexReg 4512.