Maine Revised Statutes Title 35-A Sec. 4517 – Private natural gas pipelines
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1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. “Affiliated compression or liquefaction facility” means a facility that is used to liquefy or compress natural gas for sale or distribution to others by means other than a pipeline and that is owned or operated by an affiliate of the owner of a private natural gas pipeline. [PL 2011, c. 592, §1 (NEW).]
B. “Private natural gas pipeline” means a pipeline that is used solely for the transport of natural gas to a single customer and is owned by the customer and whose owner or operator is not otherwise regulated by the commission as a natural gas pipeline utility or gas utility. For purposes of this paragraph, “customer” includes an affiliate of a customer. [PL 2011, c. 592, §1 (NEW).]
[PL 2011, c. 592, §1 (RPR).]
Terms Used In Maine Revised Statutes Title 35-A Sec. 4517
- Commission: means the Public Utilities Commission. See Maine Revised Statutes Title 35-A Sec. 102
- Customer: includes any person, government or governmental division which has applied for, been accepted and is currently receiving service from a public utility. See Maine Revised Statutes Title 35-A Sec. 102
- Gas utility: includes every person, that person's lessees, trustees, receivers or trustees appointed by any court owning, controlling, operating or managing any gas plant for compensation within this State, except when gas is made or produced on and distributed by the maker or producer through private property alone solely for its own tenants and not for sale to others, or when the gas is sold solely for use in vehicles fueled by natural gas or to a liquid gas system that serves fewer than 10 customers as long as no portion of the liquid gas system is located in a public place or that serves a single customer if the liquid gas system is located entirely on the customer's premises. See Maine Revised Statutes Title 35-A Sec. 102
- Natural gas pipeline utility: includes every person, its lessees, trustees, receivers or trustees appointed by any court owning or operating for compensation within this State any pipeline, including pumping stations, storage depots and other facilities, for the transportation, distribution or sale of natural gas, or any person or corporation which has applied to the Federal Energy Regulatory Commission for a certificate of public convenience and necessity or to the Public Utilities Commission for a certificate of authorization to operate a natural gas pipeline within the State. See Maine Revised Statutes Title 35-A Sec. 102
- Public utility: includes every gas utility, natural gas pipeline utility, transmission and distribution utility, telephone utility, water utility and ferry, as those terms are defined in this section, and each of those utilities is declared to be a public utility. See Maine Revised Statutes Title 35-A Sec. 102
2. Safety regulation. The commission may exercise safety regulation over an entity that owns or operates a private natural gas pipeline on public land or land owned by a 3rd party, notwithstanding that the entity is not a public utility. The commission may exercise safety regulation over the owner or operator of an affiliated compression or liquefaction facility, notwithstanding that the owner or operator is not a public utility. Safety regulation under this subsection may be enforced as provided in sections 4515 and 4516?A.
[PL 2011, c. 592, §2 (AMD).]
3. Approval of construction. A private natural gas pipeline or affiliated compression or liquefaction facility may not be constructed without approval of the commission. When requesting approval, the entity that owns or operates a private natural gas pipeline or affiliated compression or liquefaction facility shall submit to the commission information concerning the engineering design of the pipeline or affiliated compression or liquefaction facility and the standards of construction the entity proposes to follow and any other information the commission determines necessary to make a determination of whether to approve construction. The commission shall approve the construction if the commission determines that the standards of construction of the pipeline or affiliated compression or liquefaction facility adequately protect the safety of the public.
[PL 2011, c. 592, §2 (AMD).]
4. Waiver. The commission may waive for good cause any requirements under this section.
[PL 2011, c. 110, §1 (NEW).]
5. Sale by affiliate of liquefied natural gas or compressed natural gas. The owner or operator of a private natural gas pipeline that delivers natural gas to its affiliate that then liquefies or compresses the natural gas for sale or distribution to others by means other than by a pipeline is not, as a result of the delivery, considered a public utility. The owner or operator of an affiliated compression or liquefaction facility is not considered a public utility if the owner or operator is not otherwise regulated by the commission as a public utility.
[PL 2011, c. 592, §3 (NEW).]
SECTION HISTORY
PL 2011, c. 110, §1 (NEW). PL 2011, c. 592, §§1-3 (AMD).