Railroad Commission Issues Substantially Revised Rule on Critical Infrastructure

In response to substantial criticism of its original proposed rule, the Texas Railroad Commission has issued a final rule, 16 TAC Sec. 3.65, relating to designation of critical natural gas infrastructure. Well owners can no longer exempt their wells’ designation as critical infrastructure simply by filing a form and paying a $150 fee. The RRC will now itself classify gas wells, pipelines, gas plants and other natural gas facilities as critical based on its own criteria, and those facilities will be required to winterize. Gas supply facilities that require electricity to operate will be “critical customers” and are required to provide information to their electric suppliers.

The RRC will initiate a rulemaking later to adopt rules on what weatherization is required.