Indiana Code 8-1-22.6-9. Actions indicating intent to construct pipeline; notice of guidelines to pipeline company; time of mailing
(1) Files an application for a certificate of public convenience and necessity with the Federal Energy Regulatory Commission.
Terms Used In Indiana Code 8-1-22.6-9
- commission: refers to the Indiana utility regulatory commission. See Indiana Code 8-1-1-1
- construction: means the physical work involved in the construction, reconstruction, improvement, maintenance, or extension of a pipeline project. See Indiana Code 8-1-22.6-3
- division: refers to the pipeline safety division of the Indiana utility regulatory commission established by Indiana Code 8-1-22.6-4
- guidelines: refers to a nonrule policy document adopted by the division that establishes voluntary guidelines to be considered by a pipeline company that proposes to construct a pipeline that will be located, in whole or in part, in Indiana. See Indiana Code 8-1-22.6-5
- pipeline: means a pipeline (as defined in Indiana Code 8-1-22.6-6
- pipeline company: means a person (as defined in Indiana Code 8-1-22.6-7
(A) environmental, engineering, or cultural surveys; or
(B) other studies or surveys;
in Indiana in preparation for filing an application described in subdivision (1).
(3) Holds public meetings or hearings in Indiana concerning a proposed pipeline.
(4) Enters upon land in Indiana for the purpose of determining the route or location of a proposed pipeline.
(5) Contacts landowners in Indiana for the purpose of negotiating the price for:
(A) easements; or
(B) other interests in land;
necessary for the construction of a pipeline.
(6) Undertakes other actions in preparation for the construction of a pipeline.
(b) The division shall send, by certified mail, the following to each pipeline company that proposes to construct a pipeline in Indiana:
(1) A copy of the guidelines adopted by the division.
(2) A notice that includes the following:
(A) A statement that the division has adopted the pipeline construction guidelines included with the notice.
(B) A statement indicating:
(i) that the pipeline construction guidelines have been mailed to all affected landowners on the list provided by the pipeline company under section 10 of this chapter; and
(ii) that the division has encouraged the affected landowners to agree to the guidelines in any negotiations for easements or other land interests with the pipeline company.
(c) The division shall mail the guidelines and notice in accordance with subsection (b):
(1) as soon as the division learns of the proposed pipeline as a result of the pipeline company performing one (1) or more actions described in subsection (a); or
(2) not later than three (3) business days after the Federal Energy Regulatory Commission provides notice under 18 C.F.R. § 157.9(a) of the pipeline company’s application for a certificate of territorial authority;
whichever occurs earlier.
As added by P.L.110-2007, SEC.1.