TITLE 69. PUBLIC UTILITIES AND CARRIERS

CHAPTER 13. PIPELINE CARRIERS

Part 2. Role of Commission

Establishment Of Rates And Operating Rules

69-13-201. Establishment of rates and operating rules. (1) The commission may establish and enforce rates of charges and regulations for gathering, transporting, loading, and delivering crude petroleum, coal, or the products of crude petroleum or coal or of carbon dioxide from a plant or facility that produces or captures carbon dioxide by common carrier in this state and for the use of storage facilities necessarily incident to the transportation and may prescribe and enforce rules for the government and control of common carriers in respect to their pipelines and receiving, transferring, and loading facilities. The commission shall exercise the power upon petition by any person showing a substantial interest in the subject.

(2) An order establishing or prescribing rates and rules may not be made except after 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 the pipeline or pipelines affected.

(3) If a rate is filed by any pipeline and a complaint against the rate or a petition to reduce the rate is filed by any shipper and is sustained, in whole or in part, all shippers who have paid the rates filed by the pipeline have the right to reparation or reimbursement of all excess in transportation charges paid, over and above the proper rate as finally determined, on all shipments made after the date of the filing of the complaint.

History: En. Sec. 4, Ch. 8, Ex. L. 1921; re-en. Sec. 3851, R.C.M. 1921; re-en. Sec. 3851, R.C.M. 1935; amd. Sec. 3, Ch. 190, L. 1955; amd. Sec. 3, Ch. 170, L. 1963; amd. Sec. 20, Ch. 315, L. 1974; R.C.M. 1947, 8-204; amd. Sec. 3, Ch. 231, L. 2009; amd. Sec. 3, Ch. 44, L. 2013.