§ 52-5 — Construction and operation of pipelines - Safety regulations

- Markers - Promulgation of rules - Personnel - Expenses. A. The Corporation Commission is hereby authorized, directed and empowered to promulgate, adopt and enforce reasonable rules establishing minimum state safety standards for the design, construction, maintenance and operation of all pipelines used for the transmission and distribution of natural gas in this state. However, except as otherwise provided in subsection B of this section, the Commission shall not promulgate, enforce or interpret any rule or regulation unless such rule, regulation or interpretation shall be consistent with and no more restrictive than the rules, regulations and interpretations of the United States Secretary of Transportation for pipeline transportation and pipeline facilities. When any such transmission pipeline shall be constructed, operated or maintained under, through and across a highway, section-line road or improved public road or street, there shall be erected directly above where such pipeline enters or leaves said highway, section-line road or improved public road or street, a suitable sign or marker stating thereon the name of the owner of such pipeline and such other information as the Corporation Commission may by rule direct. B. The Commission is authorized and directed to promulgate and enforce reasonable rules relating to an incident on a gathering pipeline unit not subject to the U.S. Department of Transportation Pipeline Safety Regulations, codified at 49 CFR Parts 191 and 192, provided that such rules of the Commission are limited to the following specified areas: telephonic notification of and a written report about the incident which shall be consistent with and require no more information than the rules, regulations and interpretations issued by the U.S. Department of Transportation Pipeline Safety Regulations relating to the reporting of incidents, maps depicting the location of the incident, and reasonable corrective measures to the gathering pipeline unit involved in the incident. C. For the purposes of this section: 1. “Incident” shall have the same meaning as it is defined in the U.S. Department of Transportation, Pipeline Safety Regulations; and 2. “Gathering pipeline unit” means the portion of the nonregulated gathering pipeline involved in the incident not to exceed one mile of pipeline. D. If contacted by any other entity or person regarding an incident, as defined in paragraph 1 of subsection C of this section, the Commission may disclose to such entity or person the time, date and location of the incident, the identity of the operator involved in the incident, the size of the gathering pipeline involved and the number of fatalities or injuries, if any, resulting from the incident. E. With the exception of the information outlined in subsection D of this section, all reports, data, maps or other information which the Commission may be authorized to obtain under the provisions of this section may be filed as confidential and the Commission shall maintain them as confidential and such records shall not be subject to the provisions of the Oklahoma Open Records Act. Only authorized Commission employees may obtain or access such confidential records. F. The Corporation Commission may appoint a registered professional engineer with actual experience in the design, construction, maintenance or operation of natural gas pipelines, and such other personnel as may be provided by law, to carry out the provisions of Section 1 et seq. of this title. Such engineer shall be furnished with personnel, supplies and equipment as may be necessary to carry out the provisions of Section 1 et seq. of this title. The expenses of any inspection shall be borne and paid for by the parties laying and constructing or operating such pipelines for the transportation or transmission of natural gas.

Legislative History

R.L.1910, § 4295. Amended by 1968, c. 73, § 1, emerg. eff. March 25, 1968; Laws 1987, c. 208, § 59, operative July 1, 1987; Laws 1987, c. 236, § 81, emerg. eff. July 20, 1987; Laws 2000, c. 315, § 2, emerg. eff. June 5, 2000; Laws 2010, c. 269, § 1, emerg. eff. May 14, 2010.