dismissed without prejudice by the commission's designee. (2) The commission's designee shall make a written recommendation as to whether the materials to be used in and method of construction and operation of a proposed sour gas pipeline facility comply with the rules and safety standards of the commission if the application is not protested, by the latter of the 14th day after the end of the 30-day protest period or the 14th day after the day notice of a complete application is issued. (3) If, pursuant to subsection (i) of this section, a hearing is held, the staff may introduce evidence relating to the materials to be used in and method of construction and operation of a proposed sour gas pipeline facility. (4) In determining whether or not the materials to be used in and method of construction and operation of a proposed sour gas pipeline facility comply with the rules and safety standards of the commission, relevant provisions of §3.36 and §3.70 of this title (relating to Oil, Gas, or Geothermal Resource Operation in Hydrogen Sulfide Areas, and Pipeline Permits Required, respectively) shall be considered. If applicable, Chapter 8 of this title (relating to Pipeline Safety Regulations) shall also be considered. (5) If no affected person files a protest with the commission by the 30th day after the date notice of application was published, the commission's designee shall either make a written recommendation that the permit be issued, that the permit be granted subject to specific conditions required to ensure compliance with applicable laws and regulations, or that the permit be denied. If the commission's designee recommends that the permit be conditionally granted or be denied, the reasons for such recommendation shall be explained. If the commission's designee recommends that the application be conditionally granted or be denied, the applicant shall have a right to a hearing upon written request received no later than 15 days after the date of issuance of notice of conditional grant or denial. (i) Hearing. (1) A hearing shall be convened to consider an application for a sour gas pipeline construction permit if: (A) a protest is timely filed by an affected person; (B) a request is timely filed by the applicant; or (C) the commission so elects on its own motion. (2) The Office of General Counsel shall assign an examiner who shall conduct a hearing in accordance with the procedural requirements of Texas Government Code, Chapter 2001 (the Administrative Procedure Act), and Chapter 1 of this title (relating to the general rules of practice and procedure). (3) The commission shall convene a hearing not later than the 60th day after a protest is filed, the applicant submits a request for hearing, or the commission gives notice of intent to convene a hearing on its own motion. If the application is not complete as of the date the request for hearing is filed or notice of hearing issued, the 60-day time period for convening a hearing shall not begin to run until such time as notice of a complete application is issued unless the hearing is held pursuant to the provisions of subsection (h)(1). If the hearing is held pursuant to the provisions of subsection (h)(1), the hearing will be held within 60 days of receipt of a request for hearing. (4) In any hearing convened to consider an application, the applicant has the burden of showing that the materials to be used in and method of construction and operation comply with the applicable rules and safety standards adopted by the commission. (j) Order. (1) An order approving an application shall include a finding that the materials to be used in and method of construction and operation of the facility comply with the applicable rules and safety standards adopted by the commission. If an application meets all the requirements of §3.70 of this title, relating to Pipeline Permits Required, including the requirements of §3.36 of this title, relating to Oil, Gas, or Geothermal Resource Operation in Hydrogen Sulfide Areas, the order may approve the certificate of compliance (Form H-9) or grant the pipeline permit or both. (2) An order denying an application shall state the reason or reasons for the denial. (3) In the case of an application for which a hearing is conducted, the commission will render a decision not later than the 60th day after the date on which the hearing is finally closed. (4) If no hearing is held on an application, the commission will render a decision as soon as practicable but not later than the 60th day after the staff prepares its written recommendation in accordance with subsection (h)(2) and (4). |