1. (a) Each operator of a pipeline or gathering system, other than a production or flow line that does not leave a lease or an operator excluded under §8.1(b)(4) of this title (relating to General Applicability and Standards, subject to the jurisdiction of the Commission, shall obtain a pipeline permit, renewable annually, from the Commission as provided in this rule.

2. (b) To obtain a new pipeline permit or to amend a permit because of a change of classification, an operator shall file an application for a pipeline permit on a form approved by the Commission which includes or is accompanied by the following documentation and information:

   1. (1) the contact information for the individual who can respond to any questions concerning the pipeline's construction, operation or maintenance;
   2. (2) the requested classification and purpose of the pipeline or pipeline system as a common carrier, a gas utility or a private line;
   3. (3) a sworn statement from the pipeline applicant providing the operator's factual basis supporting the classification and purpose being sought for the pipeline, including, if applicable, an attestation to the applicant's knowledge of the eminent domain provisions in Texas Property Code, Chapter 21, and the Texas Landowner's Bill of Rights as published by the Office of the Attorney General of Texas; and
   4. (4) documentation to provide support for the classification and purpose being sought for the pipeline, if applicable, and any other information requested by the Commission.

3. (c) To renew an existing permit, to amend an existing permit for any reason other than a change in classification, or to cancel an existing permit, an operator shall file an application for a pipeline permit on a form approved by the Commission which includes or is accompanied by:

   1. (1) the contact information for the individual who can respond to any questions concerning the pipeline's construction, operation, or maintenance; change in operator or ownership; or other change including operator cessation of pipeline operation;
   2. (2) a statement from the pipeline operator confirming the current classification and purpose of the pipeline or pipeline system as a common carrier, a gas utility or a private line, if applicable; and
   3. (3) any other information requested by the Commission.
4. (d) The Commission shall determine if the application is complete within 15 calendar days following the date of filing of an application and shall notify the operator either that the application is complete or that the application is incomplete. The notice of an incomplete application shall specify the additional information needed to complete the application.
5. (e) Once an application is determined to be complete and sufficient, the Commission shall issue, amend, or cancel the pipeline permit or deny the pipeline permit as filed. If the Commission is satisfied from the application and the documentation and information provided in support thereof, and its own review, that the proposed line is, or will be laid, equipped, managed and operated in accordance with the laws of the state and the rules and regulations of the Commission, the permit may be granted. The pipeline permit, if granted, shall classify the pipeline as a common carrier, a gas utility, or a private pipeline based upon the information and documentation submitted by the applicant and the Commission's review of the application. The Commission's decision on issuance of a pipeline permit shall be completed within 45 calendar days following the Commission's determination that an application is complete.
6. (f) This rule applies to applications made for new pipeline permits and to amendments, renewals, and cancellations of existing pipeline permits which are submitted to the Commission on or after the effective date of this rule. The classification of a pipeline under this rule applies to extensions, replacements, and relocations of that pipeline.
7. (g) The Commission may delegate the authority to administratively issue pipeline permits.
8. (h) The pipeline permit, if granted, shall be revocable at any time after a hearing, held after 10 days' notice, if the Commission finds that the pipeline is not being operated in accordance with the laws of the state and the rules and regulations of the Commission.

Source Note:The provisions of this §3.70 adopted to be effective August 25, 2003, 28 TexReg 6816; amended to be effective March 1, 2015, 39 TexReg 9969.