16 Tex. Admin. Code § 7.301 - Annual Report
(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.
Notes
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