Chapter 672-13 PETROLEUM PIPELINE CERTIFICATES
The following words when used in Chapter 672-13 shall have the
following meaning unless the context thereof indicates another meaning:
| (a) |
"Applicant" means any pipeline company
that requests the issuance of a Certificate of Public Convenience and Necessity
to exercise the right of eminent domain for the construction of a pipeline,
pursuant to the provisions of Sections
22-3-80
through
22-3-85
of the Official Code of Georgia Annotated. |
| (b) |
"Certificate" means the Certificate of
Public Convenience and Necessity issued by the Commissioner to any Applicant
pursuant to the provisions of Sections
22-3-80
through
22-3-85
of the Official Code of Georgia Annotated. |
| (c) |
"Commissioner" means the Commissioner of
the Georgia Department of Transportation. |
| (d) |
"Existing Petroleum Pipeline" means a
petroleum pipeline constructed and in use prior to January 1, 2016. |
| (e) |
"Expansion" means a modification to an
Existing Petroleum Pipeline within the existing easement or right of way that
increases the supply of petroleum by:
| (1) |
Increasing the diameter of an existing Petroleum Pipeline; or |
| (2) |
Constructing a Parallel Petroleum
Pipeline. |
|
| (f) |
"Extension"
means a modification to an Existing Petroleum Pipeline that increases the
length or footprint of the Existing Petroleum Pipeline by a distance greater
than one linear mile. |
| (g) |
"Maintenance" means:
| (1) |
The care or upkeep
of an Existing Petroleum Pipeline and its appurtenances; |
| (2) |
The replacement of an Existing Petroleum
Pipeline within the same easement or right of way; or |
| (3) |
The relocation of an Existing Petroleum
Pipeline for repair within one linear mile of the existing petroleum pipeline's
alignment. |
|
| (h) |
"New
Petroleum Pipeline" means a petroleum pipeline that was not constructed and in
use prior to January 1, 2016. The term "New Petroleum Pipeline" shall not
include an Expansion, Extension, or any Maintenance. |
| (i) |
"Parallel Petroleum Pipeline" means a
Petroleum Pipeline that runs side by side to an existing Petroleum
Pipeline. |
| (j) |
"Petroleum Pipeline"
means a fixed conduit constructed to transport petroleum or petroleum products
in or through this state. |
| (k) |
"Petroleum Pipeline Company" means a corporation organized under the laws of
this state or which is organized under the laws of another state and is
authorized to do business in this state and which is specifically authorized by
its charter or articles of incorporation to construct and operate Petroleum
Pipelines for the transportation of petroleum and petroleum products. |
| (a) |
Subject to the
provisions, conditions, and restrictions of these rules and of O.C.G.A. Secs.
22-3-80
through
22-3-85,
Petroleum Pipeline companies are granted the power to acquire property or
interests in property by eminent domain for the purpose of an Expansion, an
Extension, Maintenance, or construction of a New Petroleum Pipeline. |
| (b) |
No Petroleum Pipeline Company shall
exercise the right of eminent domain for the construction of a New Petroleum
Pipeline or for the Extension of a Petroleum Pipeline without first obtaining
from the Commissioner a Certificate that such action is authorized pursuant to
the provisions of O.C.G.A. Section
22-3-83. |
| (c) |
No Certificate shall be required of a
Petroleum Pipeline Company that is exercising the power of eminent domain for
the purpose of Maintenance or Expansion. |
| (d) |
No Certificate shall be required of a
Petroleum Pipeline Company that is not exercising the power of eminent domain
to acquire property. |
| (a) |
All
applications for a Certificate must be submitted to the Department
electronically. A copy of the Applicant's Articles of Incorporation and
amendments thereto shall be submitted concurrently with the application. When
the New Petroleum Pipeline or proposed Extension is expected to be sited in
five (5) or fewer Georgia counties, an application fee of $5,000.00 must be
submitted. When the New Petroleum Pipeline or proposed Extension is expected to
be sited in more than five (5) Georgia counties, an additional $1,000.00 per
county is added to the fee. The total fee is intended to cover costs associated
with the processing and review of the application as well as the scheduling of
public meetings. The application will not be considered filed until all
required materials and the appropriate fee are received by the Department. Fees
are to be submitted by mail to the Georgia Department of Transportation, Office
of Utilities. |
| (b) |
The application
for a Certificate shall set forth in the order indicated the following:
| (1) |
The exact legal name of the Applicant,
the State or territory under the laws of which the Applicant was organized, the
location of the Applicant's principal place of business, the names of all
States where the Applicant is authorized to do business and a concise but
comprehensive description of the existing business, operations and properties
of the Applicant with particular reference to the transportation by pipeline of
petroleum or petroleum products. |
| (2) |
The name, title, telephone number and
post office address of the person to whom correspondence or communications in
regard to the application are to be addressed. Unless advised to the contrary,
the Commissioner will serve notices, orders, and other papers upon the person
so named. |
| (3) |
A description of the
proposed project together with its siting information, including, but not
limited to, a map showing the proposed location of the route of the New
Petroleum Pipeline or of the proposed Extension. Applicant |
| (4) |
A description of the public convenience
and necessity that support the proposed location of the route of the new
pipeline route or of the proposed Extension. |
| (5) |
The width of the proposed Petroleum
Pipeline corridor up to a maximum width of one-third mile. |
| (6) |
A showing that use of the power of
eminent domain may be necessary for construction of the New Petroleum Pipeline
or for the proposed Extension. |
| (7) |
A showing that the public convenience and necessity for the Petroleum Pipeline
justifies the use of the power of eminent domain. |
|
The Applicant shall supply the Commissioner with any such
additional information or data as may be determined necessary by the
Commissioner.
| (a) |
Notice of Application. Within ten (10)
days of the filing of a complete application for a Certificate as set forth in
section 672-13-.03 of this chapter, notice of the application and the proposed
route must be published by the Applicant in the legal organ of each county
through which the proposed route of the New Petroleum Pipeline or of the
Extension is to be located. Proof of publication shall be filed with the
Commissioner as soon as practicable after the publication date, but in no event
shall proof of the publication be filed later than ten (10) days following the
publication date. |
| (b) |
Notice to
Landowners. Within ten (10) days of the filing of an application under this
Code section, the Applicant shall provide written notice to all landowners
whose property is located within the proposed route of the New Petroleum
Pipeline or of the Extension. Such notice shall be delivered to each landowner
and contain the following language in boldface type:
YOUR PROPERTY IS LOCATED WITHIN THE PROPOSED ROUTE OF A
PETROLEUM PIPELINE FOR WHICH AN APPLICATION FOR A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY HAS BEEN FILED PURSUANT TO ARTICLE 4 OF CHAPTER 3 OF
TITLE 22 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED. SAID ARTICLE ALONG WITH
CHAPTER 17 OF TITLE 12 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED PROVIDE
SPECIFIC REQUIREMENTS WHICH MUST BE FOLLOWED BY PETROLEUM PIPELINE COMPANIES
BEFORE THEY MAY BUILD A NEW PETROLEUM PIPELINE OR MODIFY AN EXISTING PETROLEUM
PIPELINE. THESE PROVISIONS OF THE OFFICIAL CODE OF GEORGIA ANNOTATED ALSO
PROVIDE SPECIFIC RIGHTS FOR YOUR PROTECTION. YOU SHOULD FAMILIARIZE YOURSELF
WITH THOSE REQUIREMENTS AND YOUR RIGHTS.
|
The Department will schedule a reasonable number of public
meetings regarding the application for a Certificate prior to a final decision
being rendered. In no event will fewer than two (2) public meetings be held
regarding any application. Notice of the public meetings will be provided in
the legal organ of each county through which the proposed route of the
Petroleum Pipeline is to be located or through other means of communication
deemed necessary and appropriate by the Department.
| (a) |
In making a decision as to whether to
grant a Certificate, the Commissioner shall consider the following:
| (1) |
Whether existing Petroleum Pipelines or
distribution systems are adequate to meet the reasonable public
needs; |
| (2) |
The volume of demand for
such petroleum, and whether such demand and that reasonably to be anticipated
in the future can support already existing Petroleum Pipelines and distribution
systems, if any, and also the Petroleum Pipeline or distribution system
proposed by the Applicant; |
| (3) |
The
financial ability of the Applicant to furnish adequate continuous service and
to meet the financial obligations of the service which the Applicant proposes
to perform; |
| (4) |
The adequacy of the
supply of petroleum to serve the public; |
| (5) |
The economic feasibility of the Petroleum
Pipeline or distribution system and the propriety of the engineering and
contracting fees, the expenses, and the financing charges and costs connected
with the Petroleum Pipeline or distribution system; |
| (6) |
The effect on existing revenues and
service of other Petroleum Pipelines or distribution system, and particularly
whether the granting of such Certificate will or may seriously impair existing
public service; and |
| (7) |
Any other
factors which the Commissioner deems necessary to grant or deny a
Certificate. |
|
| (b) |
The
Applicant shall bear the burden of proof to demonstrate that a Certificate
should be issued. |
| (c) |
The
application review process shall not exceed 120 days in length. If any
application is not acted upon within 120 days of the date such application is
filed, the application shall be deemed to be approved by operation of
law. |
The issuance or denial of a Certificate may be reviewed by a
judge of the superior court of the county in which the pipeline company has an
agent and place of doing business. The review shall be by petition filed within
30 days of the date of approval or disapproval of the application and shall be
determined on the basis of the record before the Commissioner. The action of
the Commissioner shall be affirmed if supported by substantial
evidence.
Prior to initiating eminent domain proceedings or threatening
to do so, the Petroleum Pipeline Company shall cause to be delivered to each
landowner whose property may be condemned a written notice containing the
following language in boldface type:
CHAPTER 17 OF TITLE 12 AND ARTICLE 4 OF CHAPTER 3 OF TITLE 22
OF THE OFFICIAL CODE OF GEORGIA ANNOTATED PROVIDE SPECIFIC REQUIREMENTS WHICH
MUST BE FOLLOWED BY PETROLEUM PIPELINE COMPANIES BEFORE THEY MAY EXERCISE THE
RIGHT TO CONDEMN YOUR PROPERTY. THOSE PROVISIONS OF THE OFFICIAL CODE OF
GEORGIA ANNOTATED ALSO PROVIDE SPECIFIC RIGHTS FOR YOUR PROTECTION. YOU SHOULD
FAMILIARIZE YOURSELF WITH THOSE REQUIREMENTS AND YOUR RIGHTS PRIOR TO
CONTINUING NEGOTIATIONS CONCERNING THE SALE OF YOUR PROPERTY TO A PETROLEUM
PIPELINE COMPANY.
