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Critical Infrastructure

Regulating the weatherization of natural gas facilities.

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Critical Infrastructure ANNOUNCEMENTS

Notice to Oil & Gas and Pipeline Operators: Rules Adopted for Critical Designation of Natural Gas Infrastructure


December 01, 2021

The Railroad Commission of Texas (RRC) has adopted rules to implement a process for designating certain natural gas entities as critical during an energy emergency as specified in Senate Bill 3 and House Bill 3648 passed by the 87th Legislature (Regular Session). The adopted rules are effective on December 20, 2021.

On November 30, 2021, the RRC Commissioners adopted proposed new rule 16 Texas Administrative Code (TAC) §3.65, relating to Critical Designation of Natural Gas Infrastructure, and amendments to 16 TAC §3.107, relating to Penalty Guidelines for Oil and Gas Violations. To view the adopted rules, visit the RRC website at https://www.rrc.texas.gov/general-counsel/rules/proposed-rules/ under “Chapter 3: Oil and Gas.”

In conjunction with the adopted rules, the RRC has also adopted two new forms related to 16 TAC §3.65.

  • Form CI-D, Acknowledgement of Critical Customer/Critical Gas Supplier Designation, and its attachment would be submitted by an operator of a facility designated as critical acknowledging the facility’s critical status.
  • Form CI-X, Critical Designation Exception Application, and its attachment would be submitted by an operator certifying a facility seeks an exception to critical designation because the facility is not prepared to operate in a weather emergency.

To view the full notice, visit the RRC website at https://www.rrc.texas.gov/media/senbems5/2021_nto_critical-designation-rules-and-forms-infrastructure-division.pdf.

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Overview

Critical Infrastructure Overview

What we do

RRC’s Critical Infrastructure Division (CID) is committed to serving the people of Texas by ensuring the natural gas industry consistently incorporates weatherization and reliability standards and practices to achieve uninterruptible natural gas production throughout the calendar year including periods of severe weather.

The CID will vigilantly oversee and manage adherence to weatherization rules, adopted by the RRC, including ensuring companies within the natural gas supply chain register their assets as Critical Infrastructure.

On November 30, 2021 The Railroad Commission of Texas commissioners adopted rules for critical designation of natural gas infrastructure to help protect Texans in energy emergencies. The new rules implement provisions in House Bill 3648 and Senate Bill 3 and define natural gas facilities that would be designated as critical gas suppliers and critical customers.

Critical gas suppliers include, but are not limited to, gas wells, oil leases that produce gas, natural gas pipeline facilities, underground natural gas storage facilities and saltwater disposal facilities.

Critical customers, which are a subset of critical gas suppliers, are facilities that require electricity to operate. These operators will submit a critical customer information to their electric utilities so that their electric utilities have the correct information for purposes of supplying power to the facilities.

Senate Bill 3 includes language to allow for certain facilities to apply for an exception to critical designation. However, the newly adopted rules exclude certain types of highly critical facilities from being able to apply for an exception. Examples include any facility that will be on the state’s electricity supply chain map, which is due to be published next year, underground gas storage facilities, pipelines that directly serve a power generation plant or local gas distribution companies, gas wells and oil leases that produce a large amount of gas per day, and gas processing plants. Applications for exception require objective evidence proving reasonable cause and justification, which will be reviewed, and RRC staff can deny an application.



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