House Bill No. 50

Introduced By cobb



A Bill for an Act entitled: "An Act providing for regulation of natural gas transporters as common carriers; and amending sections 69-13-101 and 69-13-102, MCA."



Be it enacted by the Legislature of the State of Montana:



Section 1.  Section 69-13-101, MCA, is amended to read:

"69-13-101.   Common carrier pipeline. (1) The following are hereby declared to be common carriers and are subject to the provisions of this chapter: every person, firm, corporation, limited partnership, joint-stock association, or association of any kind whatever:

(a)  owning, operating, or managing any a pipeline or any part of any a pipeline within the state for the transportation of crude petroleum, coal, natural gas, or the products thereof to or for the public for hire or engaging in the business of transporting crude petroleum, coal, natural gas, or the products thereof by pipelines;

(b)  owning, operating, or managing any a pipeline or any part of any a pipeline for the transportation of crude petroleum, coal, natural gas, or the products thereof to or for the public for hire, which pipeline is constructed or maintained upon, along, over, or under any public road or highway;

(c)  owning, operating, or managing any a pipeline or any part of any a pipeline for transportation to or for the public for hire of crude petroleum, coal, natural gas, or the products thereof, which pipeline 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 petroleum, coal, natural gas, or the products thereof as a common carrier;

(d)  owning, operating, or managing or participating in the ownership, operation, or management of, under lease, contract of purchase, agreement to buy or sell, or other agreement or arrangement of any kind whatsoever, any a pipeline or any part of any a pipeline for the transportation from any an oil field, coal mine or field, natural gas well, or place of production within the state to any distributing, refining, or marketing center or reshipping point thereof, within this state, of crude petroleum, coal, natural gas, or the products thereof, bought of from others; or

(e)  made a common carrier by or under the terms of contract with or in pursuance of the law of the United States.

(2)  The provisions of this chapter shall do not apply to:

(a) those pipelines which that are limited in their use to the wells, stations, plants, and refineries of the owner and which that are not a part of the pipeline transportation system of any common carrier, as herein defined in this chapter; or nor shall such provisions apply to

(b) any property of such a common carrier which that is not a part of or necessarily incident to its pipeline transportation system."



Section 2.  Section 69-13-102, MCA, is amended to read:

"69-13-102.   Scope of chapter -- enforcement. (1) It is declared that the The operation of these pipelines, to which this chapter applies, for the transportation of crude petroleum, coal, natural gas, or the products thereof, in connection with the purchase or purchase and sale of such crude petroleum, coal, natural gas, or the products thereof, is a business in mode of the conduct of which the public is interested and as such is subject to regulation by law. The business of purchasing or of purchasing and selling crude petroleum, coal, natural gas, or the products thereof, and using in connection with such the business a pipeline of the class subject to this chapter to transport the crude petroleum, coal, natural gas, or the products thereof so bought or sold shall may not be conducted unless such the pipeline so used in connection with such the business is a common carrier within the purview of this law and subject to the jurisdiction herein conferred upon the commission.

(2)  It shall be is the duty of the attorney general to enforce this provision by injunction or other adequate remedy."

-END-