(a) Incident report. (1) Telephonic report. At the earliest practical moment but no later than one hour following confirmed discovery, a gas company shall notify the Commission by telephone of any event that involves a release of gas from its pipelines defined as an incident in 49 CFR § 191.3. The telephonic report shall be made to the Commission's 24-hour emergency line at (512) 463-6788 and shall include the following:(A) the operator or gas company's name;(B) the location of the incident;(C) the time of the incident;(D) the number of fatalities and/or personal injuries;(E) the phone number of the operator;(F) the telephone number of the operator's on-site person; and(G) any other significant facts relevant to the incident. Ignition, explosion, rerouting of traffic, evacuation of any building, and media interest are included as significant facts.(2) This paragraph applies to each operator of a gas distribution system that is subject to the requirements of 49 CFR Part 192. Such operator shall also provide the following information to the Division when the information is known by the operator: (A) the cost of gas lost;(B) estimated property damage to the operator and others;(C) any other significant facts relevant to the incident; and(D) other information required under federal regulations to be provided to the Pipeline and Hazardous Materials Safety Administration or a successor agency after a pipeline incident or similar incident.(3) Written report.(A) Following the initial telephonic report for incidents described in paragraph (1) of this subsection, the operator shall retain its records and provide to the Commission upon request the applicable written reports submitted to the Department of Transportation. Operators of gas gathering pipelines regulated by §8.110 (relating to Gathering Pipelines) shall file with the Commission within 30 calendar days after the date of the telephonic report a written report on an incident described in paragraph (1) of this subsection utilizing the applicable form from the Department of Transportation.(B) The written report is not required to be submitted for master metered systems.(C) The Commission may require an operator to submit a written report for an incident not otherwise required to be reported.(b) Pipeline safety annual reports. Each gas company shall retain the annual report for its intrastate systems in the same manner as required by 49 CFR Part 191. A gas company shall provide a copy of the annual report to the Commission upon request.(c) Safety related condition reports. Each gas company shall submit to the Division in writing a safety-related condition report for any condition outlined in 49 CFR 191.23.(d) Offshore pipeline condition report. Within 60 days of completion of underwater inspection, each operator shall file with the Division a report of the condition of all underwater pipelines subject to 49 CFR 192.612(a). The report shall include the information required in 49 CFR 191.27.(e) Leak Reporting. For purposes of this subsection, the term "leak" includes all underground leaks, all hazardous above ground leaks, and all non-hazardous above ground leaks that cannot be eliminated by lubrication, adjustment, or tightening. Each operator of a gas distribution system shall submit to the Division a list of all leaks repaired on its pipeline facilities. Each such operator shall list all leaks identified on all pipeline facilities. Each such operator shall also include the number of unrepaired leaks remaining on the operator's systems by leak grade. Each such operator shall submit leak reports by July 15 and January 15 of each calendar year, in accordance with the PS-95 Semi-Annual Leak Report Electronic Filing Requirements using the Commission's online application available on the Commission's website. The report submitted on July 15 shall include information from the previous January 1 through the previous June 30. The report submitted on January 15 shall include information from the previous July 1 through the previous December 31. All operators shall submit a PS-95 Semi Annual Leak Report every July 15 and January 15, even if there are no pending or repaired leaks during the reporting time period. The report includes: (f) The Commission shall retain state records regarding a pipeline incident perpetually. "State record" has the meaning assigned by Texas Government Code § 441.180.16 Tex. Admin. Code § 8.210
The provisions of this §8.210 adopted to be effective November 24, 2004, 29 TexReg 10733; amended to be effective May 15, 2005, 30 TexReg 2849; amended to be effective February 4, 2009, 34 TexReg 582; Amended by Texas Register, Volume 42, Number 16, April 21, 2017, TexReg 2166, eff. 4/25/2017; Amended by Texas Register, Volume 45, Number 01, January 3, 2020, TexReg 126, eff. 1/6/2020; Amended by Texas Register, Volume 49, Number 49, December 6, 2024, TexReg 9965, eff. 12/9/2024