| (a) Notice of proposed stationary LNG installations.
(1) For a proposed installation with an aggregate water
capacity of 15,540 gallons or more, an applicant shall send a copy
of the filings required under §14.2040 of this title (relating
to Filings Required for Stationary LNG Installations) by certified
mail, return receipt requested or otherwise delivered, to all owners
of real property situated within 500 feet of any proposed container
location at the same time the originals are filed with AFS.
(A) AFS shall consider the notice to be sufficient
when the applicant has provided evidence that copies of a complete
application have been mailed or otherwise delivered to all real property
owners.
(B) The applicant or licensee may obtain names and
addresses of owners from current county tax rolls.
(2) An applicant shall notify owners of real property
situated within 500 feet of the proposed container location if:
(A) the current aggregate water capacity of the installation
is more than doubled in a 12-month period; or
(B) the resulting aggregate water capacity of the installation
will be more than 214,348 gallons.
(b) Objections to proposed stationary LNG installations.
(1) Each owner of real property receiving notice of
a proposed installation pursuant to subsection (a) of this section
shall have 18 calendar days from the date the notice is postmarked
to file a written objection with AFS using the LNG Form 2500A sent
to them by the applicant. An objection is considered timely filed
when it is actually received by the Commission.
(A) AFS shall review all objections within 10 business
days of receipt.
(B) An objection shall be in writing and shall include
a statement of facts showing that the proposed installation:
(i) does not comply with the rules in this chapter,
specifying which rules are violated;
(ii) does not comply with the statutes of the State
of Texas, specifying which statutes are violated; or
(iii) constitutes a danger to the public health, safety,
and welfare, specifying the exact nature of the danger. For purposes
of this section, "danger" means an imminent threat or an unreasonable
risk of bodily harm, but does not mean diminished property or esthetic
values in the area.
(2) Upon review of the objection, AFS shall:
(A) request a public hearing as specified in §14.2016
of this title (relating to Penalty Guidelines and Enforcement); or
(B) notify the objecting party in writing within 10
business days of receipt requesting further information for clarification
and stating why the objection is not valid. The objecting entity shall
have 10 calendar days from the postmark of AFS' letter to file its
corrected objection. Clarification of incomplete or non-substantive
objections shall be limited to two opportunities. If new objections
are raised in the objecting party's clarification, the new objections
shall be limited to one notice of correction.
(c) Temporary installations which are used during peak
demand times such as during cold weather or emergencies are not required
to comply with these notice requirements. However, a sign shall be
installed at the site and brochures or other similar means of notification
shall be available at the site to advise the public of the need and
use for the temporary installation.
(d) Hearings on stationary LNG installations.
(1) Reason for hearing. AFS shall call a public hearing
if:
(A) AFS receives an objection that complies with subsection
(b) of this section; or
(B) AFS determines that a hearing is necessary to investigate
the impact of the installation.
(2) Notice of public hearing. The Hearings Division
shall give notice of the public hearing at least 21 calendar days
prior to the date of the hearing to the applicant and to all real
property owners who were required to receive notice of the proposed
installation under subsection (a) of this section.
(3) Procedure at hearing. The public hearing shall
be conducted pursuant to Chapter 1 of this title (relating to Practice
and Procedure).
(4) Hearing findings. If the Railroad Commission finds
after a public hearing that the proposed installation complies with
the rules in this chapter and the statutes of the State of Texas,
and does not constitute a danger to the public health, safety, and
welfare, the Railroad Commission shall issue an interim approval order.
The construction of the installation and the setting of the container
shall not proceed until the applicant has received written notification
of the interim approval order. Any interim approval order shall include
a provision that such approval may be suspended or revoked if:
(A) the applicant has introduced LNG into the system
prior to final approval;
(B) a physical inspection of the installation indicates
that it is not installed in compliance with the submitted plat drawing
for the installation, the rules in this chapter, or the statutes of
the State of Texas; or
(C) the installation constitutes a danger to the public
health, safety, and welfare.
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