|(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
(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.