| (2) An operator of a gas supply chain facility or gas
pipeline facility that experiences either of the following during
a weather emergency shall, within one hour of discovery of the stoppage,
contact the Commission through the Critical Infrastructure Division's
24-hour emergency telephone number. Subsequent to the phone call,
the operator shall submit a notification through the Critical Infrastructure
Division's notification portal:
(A) a major weather-related forced stoppage; or
(B) a forced stoppage caused by a loss of electricity
that results in the same volume of loss in natural gas production,
withdrawal capacity, processing capacity, or transportation capacity
as a major weather-related forced stoppage.
(3) The notification of the major weather-related forced
stoppage or weather-related forced stoppage may include information
such as any third-party issues that may have directly contributed
to the stoppage, if applicable.
(4) A gas supply chain facility or a gas pipeline facility
that is determined to have experienced repeated weather-related forced
stoppages or major weather-related forced stoppages in sustained operation
during a weather emergency shall comply with this paragraph. Upon
notice from the Commission that the facility is required to comply
with this paragraph, the facility's operator shall contract with a
person with related experience to assess the facility's weather emergency
preparation measures, plans, procedures, and operations. The person
with related experience shall not be an employee of the facility or
its affiliate and shall not have participated in any assessments of
the facility for at least the previous five years, unless the facility's
operator can document that no other persons with related experience
are reasonably available for engagement. Within the timeframe provided
by the Commission, the operator shall submit to the Commission a written
assessment prepared by the person and the facility operator's corrective
action plan in compliance with the terms in the Commission's notice
that the facility is required to comply with this paragraph.
(g) Enforcement.
(1) Violation of this section by a gas supply chain
facility operator. If a major weather-related forced stoppage or weather-related
forced stoppage was caused by a gas supply chain facility's failure
to adhere to the requirements of this section, the facility's operator
will be subject to an enforcement action. A gas supply chain facility
operator will be given notice and opportunity for a hearing for alleged
violations of this section. The notice will be sent by certified mail
and state the facts or conduct alleged to comprise the violation.
The notice will give the operator 30 days from receipt to request
a hearing. Pursuant to Texas Natural Resources Code §86.044 and §§86.222-.224,
if after notice and opportunity for a hearing, the Commission determines
that an operator has violated this section and the violation is not
remedied in a reasonable amount of time, the Commission shall notify
the Office of the Attorney General of Texas of the violation in accordance
with Texas Natural Resources Code §86.222. The table in this
paragraph contains a classification system to be used under Texas
Natural Resources Code §86.222 for violations of this section.
The penalty for each violation may be up to $1,000,000.
Attached Graphic
(2) Violation of this section by a gas pipeline facility
operator.
(A) If a major weather-related forced stoppage or weather-related
forced stoppage was caused by a gas pipeline facility's failure to
adhere to the requirements of this section, the facility's operator
will be subject to an enforcement action. A gas pipeline facility
operator will be given notice and opportunity for a hearing for alleged
violations of this section. The notice will be sent by certified mail
and state the facts or conduct alleged to comprise the violation.
The notice will give the operator 30 days from receipt to request
a hearing. Pursuant to Texas Utilities Code §121.2015, if after
notice and opportunity for a hearing, the Commission determines that
an operator has violated this section and the violation is not remedied
in a reasonable amount of time, the Commission shall report the violation
to the Office of the Attorney General of Texas. Pursuant to Texas
Utilities Code §121.206, the Commission shall assess an administrative
penalty for a violation of this section, which may be up to $1,000,000
for each offense. Each day a violation continues constitutes a separate
offense.
(B) In accordance with Texas Utilities Code §121.206(d),
the Commission will use the table in paragraph (1) of this subsection
in assessing penalties for a violation of this section. The penalty
amounts contained in the table in paragraph (1) of this subsection
are provided solely as guidelines to be considered by the Commission
in determining the amount of administrative penalties for violations
of Texas Utilities Code, Chapter 121, Subchapter E, or a safety standard
or other rule prescribed or adopted under that subchapter. The establishment
of these penalty guidelines shall in no way limit the Commission's
authority and discretion to cite violations and assess administrative
penalties. The Commission retains full authority and discretion to
cite violations of Texas Utilities Code, Chapter 121, Subchapter E,
or a safety standard or other rule prescribed or adopted under that
subchapter, and to assess administrative penalties in any amount up
to the statutory maximum when warranted by the facts in any case,
regardless of inclusion in or omission from this section. The penalty
calculation worksheet shown in the table in paragraph (1) of this
subsection lists the typical penalty amounts for certain violators,
the circumstances justifying enhancements of a penalty, and the circumstances
justifying a reduction in a penalty.
(h) Confidentiality. If a gas supply chain facility
operator or a gas pipeline facility operator filing information required
by this section contends certain information is confidential by law,
the operator shall file a complete version of the required information
and a version for public inspection in which the confidential information
has been redacted. If the Commission receives a request under the
Texas Public Information Act (PIA), Texas Government Code, Chapter
552, for materials that have been designated confidential, the Commission
will notify the filer of the request in accordance with the provisions
of the PIA so that the filer can take action with the Office of the
Attorney General to oppose release of the materials.
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