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RULE §3.32Gas Well Gas and Casinghead Gas Shall Be Utilized for Legal Purposes

  (8) One application for exception to the requirements of this section may be filed for multiple releases from gas wells, commission-designated oil leases, gas gathering systems, gas compressors or other gas handling facilities when the release of gas is the result of a full or partial shut-down of a gas gathering system, gas plant, gas compressor or other gas handling facility under subsection (f)(1)(C) or (g)(1). Each well, lease or facility must be clearly identified by the applicant and a single fee paid under §3.78(b)(5) of this title (relating to Fees and Financial Security Requirements).

(i) Renewal and Amendment of Exceptions.

  (1) The commission or the commission's delegate may renew an exception authorized by this section. An administrative renewal by the commission's delegate may not exceed a period of 180 days.

  (2) A renewal shall be based upon a showing by the operator of a well, lease, or other facility subject to this section, that the conditions for which the initial exception or latest renewal was granted have not significantly changed despite a good-faith attempt by the operator to direct the gas to or utilize the gas for purposes and uses authorized by law.

  (3) An operator shall file an application and fee for renewal of an exception with the commission 21 days prior to expiration of the existing exception authority. The request for renewal shall be accompanied by the fee required by §3.78(b)(5) of this title (relating to Fees and Financial Security Requirements).

  (4) If an operator files an application, accompanied by the required fee, for renewal of an existing exception to the requirements of this section at least 21 days before the expiration of the existing exception and the existing authority expires before the commission acts on the application, the operator is authorized to continue to operate under the existing authority pending final commission action on the application.

  (5) The request by an operator to amend an existing exception will require a new application for exception if the amendment will result in a material change of the previously granted exception.

  (6) Material changes include, but are not limited to, the following:

    (A) Change of operator of the well or facility subject to this section; and

    (B) An increase in volume of gas to be released or an extension of the duration of an exception greater than that provided for in subsection (h) of this section.

(j) Opportunity for hearing.

  (1) An operator may request a hearing on any application for an exception or exception renewal required by this section.

  (2) An operator may request a hearing on any request for administrative approval of an exception or exception renewal that has been denied by the commission or the commission's delegate.

Source Note: The provisions of this §3.32 adopted to be effective December 4, 1996, 21 TexReg 11367; amended to be effective July 10, 2000, 25 TexReg 6487; amended to be effective September 1, 2004, 29 TexReg 8271

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