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(a)Definitions.
(1)Energy emergency--Any event that results in or
has the potential to result in load shed required by an independent
organization certified under Texas Utilities Code, §39.151 resulting
in an electric outage.
(2)Weather emergency--Any weather condition that results
in or has the potential to result in an energy emergency as defined
in this section.
(3)Critical customer information--The critical customer
and critical gas supply information specified on Commission Table
CCI such as facility identification information, facility location
information, emergency contact information, gas production and/or
handling information, electrical power and backup power capabilities,
and electric utility information.
(b)Critical designation criteria. The following facilities
are designated critical gas suppliers and critical customers of the
entities described by Texas Utilities Code, §38.074(b)(1) during
an energy emergency:
(1)wells producing gas or casinghead gas;
(2)gas processing plants;
(3)natural gas pipelines and pipeline facilities including
compressor stations;
(4)local distribution company pipelines and pipeline
facilities including compressor stations;
(5)natural gas storage facilities;
(6)natural gas liquids transportation and storage
facilities;
(7)saltwater disposal facilities including saltwater
disposal pipelines; and
(8)other facilities under the jurisdiction of the
Commission the operation of which is necessary to operate any of the
facilities in paragraphs (1) through (7) of this subsection.
(c)Acknowledgment of critical status. Except as provided
by subsection (d) of this section, an operator of a facility designated
as critical under subsection (b) of this section shall acknowledge
the facility's critical status by filing Form CI-D or submitting an
electronic acknowledgment as provided in this subsection.
(1)Until an electronic system is established, the
acknowledgment shall be made on Form CI-D. In the year 2022, the Form
CI-D acknowledgment shall be filed bi-annually by January 15, 2022
and September 1, 2022. Beginning in 2023, the Form CI-D acknowledgment
shall be filed bi-annually by March 1 and September 1 of each year.
(2)When the electronic system is established, the
Form CI-D acknowledgment shall be submitted through the electronic
system.
(d)Critical designation exception. A facility listed
in subsection (b) of this section is designated as a critical gas
supplier unless the facility's operator asserts the facility is not
prepared to operate during a weather emergency. An operator shall
submit a Form CI-X exception application that identifies each such
facility. The Form CI-X shall be accompanied by a $150 exception application
fee.
(1)Until an electronic system is established, the
exception application shall be filed on Form CI-X. In the year 2022,
the Form CI-X exception application shall be filed bi-annually by
January 15, 2022 and September 1, 2022. Beginning in 2023 the Form
CI-X exception application shall be filed bi-annually by March 1 and
September 1 of each year.
(2)When the electronic system is established, the
Form CI-X exception application shall be submitted through the electronic
system.
(3)Once an operator has an approved Form CI-X on file
with the Commission, the operator is not required to pay the $150
exception application fee when the operator updates the facilities
identified on its Form CI-X.
(e)Providing critical customer information. Unless
a facility is identified on an approved Form CI-X exception application
under subsection (d) of this section, the facility's operator shall
provide the critical customer information to the entities described
in Texas Utilities Code §38.074(b)(1). The critical customer
information shall be provided in accordance with 16 Tex. Admin. Code §25.52
(relating to Reliability and Continuity of Service). The operator
shall certify on its Form CI-D that it has provided, or will within
five business days provide, the critical customer information to the
electric entity in a format usable to the electric entity.
(f)Exceptions not transferable. Exceptions are not
transferable upon a change of operatorship. When a facility is transferred,
both the transferor operator and the transferee operator shall ensure
the transfer is reflected on each operator's Form CI-D or Form CI-X
when the applicable form update is submitted in accordance with the
bi-annual filing timelines in subsections (c) and (d) of this section.
If the facility has an exception under subsection (d) of this section,
the exception shall remain in effect until the next bi-annual filing
deadline. If the transferee operator seeks to continue the exception
beyond that time period, the transferee operator shall indicate the
transferred facility on the Form CI-X pursuant to subsection (d) of
this section.
(g)Failure to file or provide required information.
An operator who fails to comply with this section may be subject to
penalties under §3.107 of this title (relating to Penalty Guidelines
for Oil and Gas Violations).
The agency certifies that legal counsel
has reviewed the proposal and found it to be within the state agency's
legal authority to adopt.
Filed with the Office
of the
Secretary of State on September 14, 2021
TRD-202103643 Haley Cochran
Rules Attorney, Office of General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: October 31, 2021
For further information, please call: (512) 475-1295
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