USA Statutes : nevada
Title : Title 58 - ENERGY; PUBLIC UTILITIES AND SIMILAR ENTITIES
Chapter : CHAPTER 708 - OIL PIPELINES
As used in this chapter,
“Commission” means the Public Utilities Commission of Nevada.
[Part 2:227:1921; NCL § 4946]—(NRS A 1997, 1958)
Every person, firm, corporation, partnership,
joint-stock association or association of any kind whatever:
1. Owning, operating or managing any pipeline or any part of any
pipeline within the State of Nevada for the transportation of crude oil
or petroleum to or for the public for hire, or engaged in the business of
transporting crude oil or petroleum by pipeline;
2. Owning, operating or managing any pipeline or any part of any
pipeline for the transportation of crude oil or petroleum to or for the
public for hire, which pipeline is constructed or maintained upon, along,
over or under any public road or highway, or in favor of whom the right
of eminent domain exists;
3. Owning, operating or managing any pipeline or any part of any
pipeline or pipelines for transportation to or for the public for hire,
of crude oil or petroleum, which pipeline or pipelines is or may be
constructed, operated or maintained across, upon, along, over or under
the right-of-way of any railroad corporation or other common carrier
required by law to transport crude oil or petroleum as a common carrier;
or
4. Owning, operating or managing or participating in ownership,
operation or management, under lease, contract of purchase, agreement to
buy or sell, or other agreement or arrangement of any kind whatever, any
pipeline or pipelines, or part of any pipeline, for the transportation
from any oil field or place of production within the State of Nevada to
any distributing, refining or marketing center, or reshipping point
thereof, within this state, of crude oil or petroleum bought of others or
owned by others,
Ê is hereby declared to be a common carrier and subject to the provisions
of this chapter.
[Part 1:227:1921; NCL § 4945]
It is unlawful for any oil pipeline carrier
to operate as a carrier in intrastate commerce within this state without
first having obtained a certificate of public convenience and necessity
from the Commission.
(Added to NRS by 1969, 877)
1. Upon the filing of an application for a certificate of public
convenience and necessity, the Commission shall fix a time and place for
hearing thereon, and shall proceed in the manner according to the
provisions of the laws of this state made applicable thereto.
2. Before granting a certificate of public convenience and
necessity to an applicant, the Commission shall take into consideration:
(a) Other authorized facilities in the territory for which a
certificate is sought;
(b) The public necessity and convenience to be accorded by the
service offered by such applicant; and
(c) Whether the applicant is fit, willing and able to perform the
services of a common carrier.
3. The Commission may, under such rules of procedure governing the
application therefor as it may prescribe, issue a certificate of public
convenience and necessity to an oil pipeline carrier, or issue it for the
partial exercise only of the privilege sought, and may attach to the
exercise of the rights granted by such certificate such terms and
conditions as, in its judgment, the public convenience and necessity may
require.
(Added to NRS by 1969, 877)
1. The right to lay, maintain and operate pipelines, together with
telephone and telegraph lines incidental to and designated for use only
in connection with the operations of those pipelines, along, across or
under any public stream or highway in this state, is hereby conferred
upon all persons coming within any of the definitions of common carrier
pipelines contained in NRS 708.020 , who
have obtained a certificate of public convenience and necessity as
provided in NRS 708.025 and 708.035
.
2. In the exercise of the privileges herein conferred, such
pipelines shall compensate the county or counties for any damage done to
the public road or highway in the laying of pipelines, telegraph or
telephone lines, along or across the same.
3. This section does not:
(a) Grant any pipeline company the right to use any public street
or alley of any incorporated city except by express permission from the
city or governing authority thereof.
(b) Allow any company to use any street or alley of an
unincorporated town, except by express permission of the board of county
commissioners of the county in which the town is situated.
[3:227:1921; NCL § 4947]—(NRS A 1969, 878; 1987, 1730)
1. The Commission shall have the power:
(a) To establish and enforce rates of charges and regulations for
gathering, transporting, loading and delivering crude oil or petroleum by
such common carriers in this state, and for the use of storage facilities
necessarily incident to such transportation; and
(b) To prescribe and enforce rules and regulations for the
government and control of such common carriers in respect to their
pipelines and receiving, transferring and loading facilities.
2. The Commission shall exercise such power upon petition by any
person showing a substantial interest in the subject.
3. No order establishing or prescribing rates, rules and
regulations shall be made except after a hearing and at least 10 days’
and not more than 30 days’ notice to the person, firm, corporation,
partnership, joint-stock association, or association owning or
controlling and operating or managing the pipeline or pipelines affected.
4. If any rate shall be filed by any pipeline, and a complaint
against the same or a petition to reduce the same shall be filed by any
shipper, and such complaint is sustained, in whole or in part, all
shippers who shall have paid the rates so filed by the pipeline company
shall have the right to reparation reimbursement of all excess in
transportation charges so paid over and above the proper rate as finally
determined on all shipments made after the date of the filing of such
complaint.
[4:227:1921; NCL § 4948]
1. Every common carrier as defined in NRS 708.020 shall exchange crude petroleum tonnage with
each like common carrier, and the Commission shall have the power to
require such connections and facilities for the interchange of such
tonnage to be made at every locality reached by both pipelines whenever a
necessity therefor exists, subject to such rates and regulations as may
be made by the Commission. Any such common carrier under like rules and
regulations shall be required to install and maintain facilities for the
receipt and delivery of crude oil and petroleum of patrons at all points
on such pipeline.
2. No carrier shall be required to receive or transport any crude
oil or petroleum except such as may be marketable under rules and
regulations to be prescribed by the Commission, which the Commission is
hereby empowered and required to prescribe.
3. The Commission is also empowered and required to make rules for
the ascertainment of the amount of water and other foreign matter in oil
tendered for transportation, and for deduction therefor and for the
amount of deduction to be made for temperature, leakage and evaporation.
4. The recital herein of particular powers of the Commission shall
not be construed to limit the general powers conferred upon the
Commission by this chapter.
5. Until set aside or vacated by some decree or order of a court
of competent jurisdiction, all orders of the Commission as to any matter
within its jurisdiction shall be accepted as prima facie evidence of
their validity.
[5:227:1921; NCL § 4949]
1. Such common carriers of crude oil or petroleum shall make and
publish their tariffs under such rules and regulations as may be
prescribed by the Commission.
2. The Commission shall require such common carriers to make
reports, and may investigate their books and records kept in connection
with such business, but no publicity shall be given by the Commission to
the reports as to the stock of crude oil or petroleum on hand of any
particular pipeline. In its discretion, the Commission may make public
the aggregate amounts held by all the pipelines making such reports, and
of their aggregate storage capacity.
3. The Commission shall have the power and authority:
(a) To hear and determine complaints.
(b) To require attendance of witnesses and pay their expenses.
(c) To institute suits and sue out such writs and process as may be
necessary for the enforcement of its orders.
[6:227:1921; NCL § 4950]—(NRS A 1971, 225)
1. No such common carrier in its operations as such shall
discriminate against or between shippers in regard to facilities
furnished or service rendered or rates charged under the same or similar
circumstances in the transportation of crude oil or petroleum; nor shall
there be any discrimination in the transportation of crude oil or
petroleum produced or purchased by itself, directly or indirectly. In
this connection, the pipeline shall be considered as a shipper of the
crude oil or petroleum produced or purchased by itself, directly or
indirectly, and handled through its facilities.
2. No such carrier in its operations shall directly or indirectly
charge, demand, collect or receive from anyone a greater or less
compensation for any service rendered than from another for a like and
contemporaneous service; but this shall not limit the right of the
Commission to prescribe rates and regulations different from or to some
places from other rates or regulations for transportation from or to
other places, as it may determine; nor shall any carrier be guilty of
discrimination when obeying any order of the Commission.
3. When there shall be offered for transportation more crude oil
or petroleum than can be immediately transported, the common carrier
shall transport oil from each person and producer ratably, in proportion
to the average daily production; but no such common carrier shall be
required to receive for shipment from any person, firm, corporation or
association of persons more than 3,000 barrels of crude oil or petroleum
in any 1 day.
[7:227:1921; NCL § 4951]
1. Every person, firm, corporation, joint-stock association or
other association which is engaged in the business of purchasing crude
oil or petroleum produced in the State of Nevada, using in connection
with such purchase a pipeline or pipelines within this state, shall be
deemed a common purchaser thereof, and shall purchase all of the oil or
petroleum in the vicinity thereof which may be reasonably reached by its
pipelines and gathering branches, without discrimination in favor of one
person as against another, and shall fully perform all the duties of a
common purchaser. If it shall be unable to purchase and transport all of
the oil and petroleum produced and offered to it for sale, then it shall
purchase and transport oil from each person and producer offering to sell
his or its oil to the common purchaser ratably, in proportion to the
average daily production.
2. Such common purchasers are hereby expressly prohibited from
discriminating in price or amount for like grades of oil as between
producers or persons; and if such purchaser is likewise a producer, it is
hereby prohibited from discriminating in favor of its own production or
storage, or production or storage in which it may be interested, directly
or indirectly, in whole or in part, and its own production and storage
shall be treated as that of any other person or producer.
[8:227:1921; NCL § 4952]
Subject to the provisions of this chapter
and the rules and regulations which may be prescribed by the Commission,
every such common carrier shall receive and transport crude oil or
petroleum offered to it for transportation and shall receive and
transport the same and perform its other duties with respect thereto
without discrimination.
[11:227:1921; NCL § 4955]
The Commission, when necessary, shall make and
enforce rules and regulations either general in their nature or
applicable to particular oil fields for the prevention of:
1. Actual waste of oil; or
2. Operations in the field dangerous to life or property.
[9:227:1921; NCL § 4953]
The provisions of this
chapter shall not apply to:
1. Those pipelines which are limited in their use to the wells,
stations, plants and refineries of their owner and which are not a part
of the pipeline transportation system of any common carrier as defined in
NRS 708.020 .
2. Any property of such a common carrier which is not a part of or
necessarily incident to its pipeline transportation system.
[Part 1:227:1921; NCL § 4945]
1. Any common carrier as defined in NRS 708.020 which violates any provision of this chapter
or fails to perform any duty imposed by this chapter or any valid order
of the Commission, when not stayed or suspended by an order of a court,
is subject to a penalty of not more than $1,000 for each offense.
2. Any officer of a common carrier or common purchaser who
willfully violates any of the provisions of this chapter forbidding
discrimination on the part of common carriers is guilty of a gross
misdemeanor. Each violation of the provisions of this chapter shall be
deemed a separate offense.
[10:227:1921; NCL § 4954]—(NRS A 1967, 666; 1979, 202)
