16 TAC §7.7201
The Railroad Commission of Texas proposes new §7.7201,
relating to the Natural Gas Pipeline Competition Study Advisory Committee,
which is proposed to be in new Subchapter I entitled "Natural Gas Pipeline
Competition." Pursuant to the requirements of Texas Government Code, §§2110.001
- 2110.008, the new section creates the Natural Gas Pipeline Competition Study
Advisory Committee of the Commission and establishes its duration; sets forth
the purpose and tasks of the committee; prescribes the nomination and appointment
process; and sets forth the mechanisms by which the committee reports to the
Commission.
Proposed new §7.7201 creates the Natural Gas Pipeline Competition
Study Advisory Committee, effective April 1, 2006, and abolishes it on December
31, 2006, unless the Commission amends the rule to change that date. The purpose
of the committee is to give the Commission the benefit of the members' collective
business, technical, and operating expertise and experience to help the Commission
review competition in the Texas intrastate natural gas pipeline industry,
assess the effect of current statutes and rules on competition, and develop
recommendations for changes to statutes or rules that may be necessary. The
Commission will not reimburse members for travel or other expenses related
to service on the committee.
The Advisory Committee will exist until December 31, 2006, unless the Commission
amends the rule to change the date of its abolition. Steve Pitner, Director,
Gas Services Division, has determined that for each year of the first five
years the new section is in effect, there will be negligible fiscal implications
for state government as a result of enforcing or administering the section.
The amount of staff time spent in support of the Natural Gas Pipeline Competition
Study Advisory Committee, as provided in the proposed rule, will be minimal
and will be provided within the existing Gas Services Division staffing and
budget.
There will be no fiscal implications for local governments. There is an
anticipated economic cost to small businesses, micro-businesses, and to individuals,
but only to those small business and micro-business owners or individuals
who are members of the Natural Gas Pipeline Competition Study Advisory Committee.
Due to the nature of the rule's provisions, however, the amount of that cost
cannot be determined. The anticipated economic cost arises from the provision
that the Commission will not reimburse advisory committee members for travel
or other expenses related to service on the committee. Such expenses are likely
to be different for each committee member. Because membership on the committee
is voluntary, none of the anticipated cost is mandatory.
Mr. Pitner has also determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section will be the creation of a network through which the Commission
will obtain information needed to determine the nature of competition in the
natural gas pipeline industry, to assess the effect of current statutes and
rules on competition in the industry, and to develop recommendations for changes
that may be necessary to statutes or rules.
Comments on the proposal may be submitted to Rules Coordinator, Office
of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin,
Texas 78711-2967; online at www.rrc.state.tx.us/rules/commentform.html; or
by electronic mail to rulescoordinator@rrc.state.tx.us. The Commission will
accept comments for 7 days after publication in the
Texas Register
and should refer to Gas Utilities Docket No. 9637. The
Commission encourages all interested persons to submit comments no later than
the deadline. The Commission cannot guarantee that comments submitted after
the deadline will be considered. For further information, call Steve Pitner
at (512) 463-7938. The status of Commission rulemakings in progress is available
at www.rrc.state.tx.us/rules/proposed.html.
The Commission proposes the new section under Texas Natural Resources Code, §81.052,
which gives the Commission the authority to adopt all rules necessary for
governing and regulating persons and their operations under the jurisdiction
of the Commission, Article VI, Railroad Commission, Section 16, Appropriations
Act, 2006 - 2007 Biennium, 79th Legislature, Regular Session, 2005, which
requires the Commission to conduct a study that determines the extent to which
competition exists in the Texas natural gas pipeline industry, Texas Government
Code, §2001.031, which authorizes the Commission to appoint advisory
committees to advise the Commission about contemplated rulemaking, and Texas
Government Code, §§2110.001 - 2110.008, which mandate specific requirements
for state agency advisory committees.
Article VI, Railroad Commission, Section 16, Appropriations Act, 2006 -
2007 Biennium, 79th Legislature, Regular Session, 2005, Texas Government Code, §2001.031,
and Texas Government Code, §§2110.001 - 2110.008, are affected by
the proposed new section.
Statutory authority: Texas Natural Resources Code, §81.052;
Article VI, Railroad Commission, Section 16, Appropriations Act, 2006 - 2007
Biennium, 79th Legislature, Regular Session, 2005; and Texas Government Code, §2001.031,
and §§2110.001 - 2110.008.
Cross-reference to statutes: Texas Natural Resources Code, §81.052;
Article VI, Railroad Commission, Section 16, Appropriations Act, 2006 - 2007
Biennium, 79th Legislature, Regular Session, 2005; and Texas Government Code, §2001.031,
and §§2110.001 - 2110.008.
Issued in Austin, Texas on January 24, 2006.
§7.7201.Natural Gas Pipeline Competition Study Advisory Committee.
(a)
Definitions. The following words and terms, when used in
this section, shall have the following meanings, unless the context clearly
indicates otherwise.
(1)
Commission--The Railroad Commission of Texas.
(2)
Committee--The Natural Gas Pipeline Competition Study Advisory
Committee of the Commission.
(b)
Establishment; duration. The Natural Gas Pipeline Competition
Study Advisory Committee is hereby established. The committee is abolished
on December 31, 2006, unless the Commission amends this subsection to establish
a different date.
(c)
Purpose and tasks. The purpose of the committee is to give
the Commission the benefit of the members' collective business, technical,
and operating expertise and experience to help the Commission review competition
in the Texas intrastate pipeline industry, assess the effect of current statutes
and rules on such competition, and develop recommendations for changes to
statutes or rules that may be necessary. The committee shall report its advice
and recommendations in writing to the Commission no later than July 1, 2006.
(d)
Nominations for committee membership. The Commission shall
make nominations for membership on the committee. All members of the committee
serve at the pleasure of the Commission. If a member resigns or otherwise
vacates his or her position prior to the end of his or her term, the Commission
shall appoint a replacement who shall serve the remainder of the unexpired
term.
(e)
Reimbursement of members' expenses. The Commission shall
not reimburse members for travel or other expenses related to service on the
committee.
(f)
Committee records. The committee shall maintain and make
available to the Commission records of each committee meeting.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on January 24, 2006.
TRD-200600380
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Earliest possible date of adoption: March 12, 2006
For further information, please call: (512) 475-1295