For the purposes of this act:
1. “Gathering” is the transportation of natural gas through a pipeline for hire, compensation or otherwise, or transporting natural gas through a pipeline, in whole or in part, for such person’s own account, whether in connection with the purchase and resale of natural gas, or in connection with the processing of natural gas or otherwise, performed by a person other than a local distribution company, intrastate transmission pipeline or interstate pipeline. Gathering includes those activities or processes performed between the delivery points and the redelivery points, which shall include and be limited to only transportation, measurement, conditioning, compressing, pressure regulation, recompressing, cleaning and treating of such gas and the fuel or gas loss associated with such foregoing activities. The terms “conditioning, cleaning and treating” as used herein shall include those processes of separation, dehydration, removal of all contaminants and inerts and filtering. Gathering specifically shall not include processing or the extraction of natural gas liquids and products;
2. "Gatherer" shall mean any person who performs the activities or processes defined as gathering;
3. "Person" shall mean any individual, corporation, firm, partnership, master limited partnership, limited liability company, association, venture, trust, institution, or federal, state, or local governmental instrumentality, or any legal entity however organized;
4. "Shipper" shall mean any person who owns or controls natural gas that seeks or receives gathering service from a gatherer;
5. "Terms and conditions of service" shall include all factors defining the obligations between the gatherer and shipper respecting any gathering activities or process, including, but not limited to, nominations, deductions for fuel, accounting for imbalances, imbalance penalties, assessments, charges or makeup provisions, costs, charges and fees for connection or maintaining connections, duration of gathering service, location of receipt and delivery points, quality specifications of natural gas, minimum and maximum pressures, and measurement;
6. “Delivery point(s)” shall mean the point where the possession or control of the gas stream transfers from a shipper to a gatherer;
7. “Redelivery point(s)” shall mean the point at which the gatherer relinquishes possession or control of the gas stream;
8. “Similarly situated shipper” shall mean any person so designated by the Commission, after application and hearing, wherein the Commission determines that such applicant should receive the benefits and obligations specified in a previously issued Commission order under this act. In determining whether a person is a similarly situated shipper, the Commission shall consider all relevant conditions and factors including those utilized in fixing the fee or terms and conditions of service in the previous order. Similarly situated shipper status shall be limited to applicant’s interest in the well(s) covered by the previous order; and
9. “Spread fee” shall mean the monthly difference obtained by subtracting the value received by the gatherer for the natural gas liquids attributable to shipper from the value of the heating content of the natural gas converted to natural gas liquids attributable to the shipper, established by the cost of natural gas purchased by the gatherer to specifically replace such heating content or, if no actual purchases were made, by the value received by gatherer for natural gas sold at the plant tailgate; provided, however, in any month that the result of this calculation generates a value of zero or less, there shall be deemed to be no spread fee.
Added by Laws 1999, c. 317, § 2, emerg. eff. June 4, 1999. Amended by Laws 2004, c. 77, § 1, emerg. eff. April 12, 2004.
Structure Oklahoma Statutes
§52-1. Corporation Commission or Commission defined.
§52-1.1. Corporations for producing, transmitting or transporting natural gas.
§52-2. Foreign gas pipeline corporations - License.
§52-4. Right-of-way must be granted by charter and damages paid - Damages.
§52-5.1. Cooperation with other agencies.
§52-5.2. Deposit of monies collected in Corporation Commission Revolving Fund.
§52-7. Necessity of incorporation.
§52-8. Plat and information showing trunk lines - Filing with Corporation Commission.
§52-9. Domestic pipeline companies - Erection of pumping stations.
§52-10. Pipeline companies may cross highways, bridges, etc. - Supplying gas to landowner.
§52-21. Businesses and persons subject to act - Vested rights excepted.
§52-22. Pipeline right-of-way - Eminent domain - Highways.
§52-23. Pipeline operators common purchasers - Requirements - Exemptions.
§52-24. Pipeline companies declared common carriers - Discrimination - Exemptions.
§52-24.1. Refusal to purchase or transport natural gas - Complaint - Hearing - Orders.
§52-24.5. Discriminatory fees – Open access – Commission authority.
§52-25. Parties not complying with act not to own gas wells, etc.
§52-27. Right-of-way - Highways - Eminent domain - Foreign corporations - Negligent injuries.
§52-28. Filing records or plats with Corporation Commission - Extension of time.
§52-29. Production levels of gas wells - Rulemaking - Hardship wells - Field rules.
§52-31. Violation of act - Punishment.
§52-32. Violations - Receivership - procedure.
§52-33. Evidence - Certified transcripts of reports of gas companies.
§52-34. Enforcement by Corporation Commission - Appeals.
§52-36.2. Public interest and welfare.
§52-36.4. Certificate of Commission.
§52-36.5. Petition to district court - Examination and determination - Subsequent proceedings.
§52-41. Gas from interstate pipelines - License from Corporation Commission.
§52-44. Gas to be furnished through meters at meter rates - Exceptions.
§52-45. Violations of act misdemeanor - Punishment.
§52-46.1. Ammonia - Commercial fertilizers - Transportation by pipeline.
§52-46.2. Hearing and determination of applications - Appeals.
§52-46.4. Rules and regulations.
§52-47.3. Powers and duties of Commission.
§52-47.4. Inspection, operation and maintenance plan.
§52-47.5. Determination of hazardous transportation system - Corrective action - Emergencies.
§52-47.6. Violations - Penalties.
§52-47.7. Action to redress or restrain violation.
§52-51. Oil companies must comply with statute - "Petroleum" defined.
§52-54. Common purchasers of oil - Required to purchase - Discrimination prohibited.
§52-55. Chapter inapplicable to businesses not of public consequence.
§52-56. Oil carriers are common carriers - Discrimination prohibited.
§52-57. Oil carriers not to be interested in producing.
§52-58. Acceptance of laws and plats to be filed.
§52-59. Domestic pipeline companies have right-of-way.
§52-60. Eminent domain extended to oil pipelines same as railroads.
§52-61. Eminent domain, who may have - Foreign corporations.
§52-62. Commission may extend time for filing plats.
§52-63. Penalty for violations.
§52-64. Suspension of penalty, when.
§52-65. Certified transcript shall be evidence.
§52-86.2. Waste in production of oil - industrial use of water produced
§52-86.4. Common source of supply - Orders, rules and regulations.
§52-86.5. Procedural requirements.
§52-86.6. Short title - Oil and Gas Produced Water and Waste Recycling and Reuse Act.
§52-86.8. Compliance with the Oklahoma Brine Development Act.
§52-87.1. Common source of supply of oil - Well spacing and drilling units.
§52-87.3. Application or petition for location exception - Notice of hearing.
§52-87.4. Affidavit of election for drilling well under pooling order.
§52-87.5. Applications for approval of increased density wells – Notice and hearing.
§52-87.6. Short title - Extended Horizontal Well Development Act - Definitions.
§52-87.7. Corporation Commission jurisdiction.
§52-87.9. Horizontal well unitization for targeted reservoirs.
§52-91. Meters on pipelines - Commission to designate type - Inspection - Cost of operation.
§52-92. Reports - Oil purchased or transported - Forms - Verification.
§52-93. Operators - Books - Oil produced and sold.
§52-94. Maps and drawings - Location of pipelines and connections - Verification.
§52-95. Reports - Quantity of oil produced and moved - Penalty.
§52-96. Verification of reports, statements, maps and drawings.
§52-97. Commission - Jurisdiction to make orders, rules and regulations - Hearings.
§52-98. Powers of Commission - Marshal of Commission.
§52-99. Filing of papers and documents - Use as evidence.
§52-100. Witnesses - Depositions.
§52-101. Procedure - Rules of - Enforcement of orders and rules.
§52-102. Contempt - Punishment - Enforcement of fines - Disposition of fines and penalties.
§52-103. Contempt - Proceedings - How commenced - Complaint - Citation.
§52-104. Right of entry and inspection by conservation officer, his assistants and deputies.
§52-106. Notice on filing of motion or petition.
§52-107. Process - Service - How made - Return.
§52-108. Oaths - Felony of perjury.
§52-109. False verification of documents as perjury - Punishment.
§52-111. Collateral attack on orders, rules and regulations - Appeals - Supreme Court.
§52-112. Application to amend or modify orders - Hearing - Appeal.
§52-113. Appeals - Power of Supreme Court - Supersedeas - Bond.
§52-114. Obstructing or delaying performance of duties a felony.
§52-115. Conspiracy to violate act - Punishment.
§52-116. Violation of orders, rules and regulations - Injunction - Appeal - Supersedeas.
§52-117. Bribery - Punishment.
§52-118. Bribery - Accepting bribe - Punishment.
§52-119. Bribery - State's evidence - Immunity.
§52-120. Powers - Grant of not to restrict general powers.
§52-132. Office of Management and Enterprise Services - Rooms and supplies.
§52-134. Partial invalidity - Effect.
§52-135. Pending actions not terminated.
§52-136. Application of procedural requirements - Right of appeal - Rules and regulations.
§52-138. Partial invalidity, effect of.
§52-140. Earthen storage ponds - Remedial action.
§52-142. Cooperation and assistance of other environmental agencies.
§52-144. Provisions supplemental - Exceptions.
§52-146. Right of condemnation by eminent domain to enforce Commission orders.
§52-147. Institution of condemnation proceedings by lessees.
§52-149. Conservation Division - Creation - Personnel - Duties - Qualifications.
§52-149.1. Oil and gas referees.
§52-149.2. Oil and Gas Appellate Referees.
§52-149.3. Teleconference hearings.
§52-152. Salaries, costs and expenses - Payment.
§52-153. Persons having authority to make investigations, serve orders, etc.
§52-202. Interstate compacts - When binding.
§52-203. Interstate Compact ratified and confirmed.
§52-204. Terms and provisions of compact.
§52-206. Clerical, technical and legal assistants - Expenses - Office.
§52-207. Interstate Oil Compact Fund - Purpose for which used - Disposition of unexpended balance.
§52-208. Duration of Act - Withdrawal from Compact - Credit of funds to General Revenue Fund.
§52-211. Further extensions - Withdrawal from Compact - Determination and necessary steps.
§52-233. Sale of gas - Prices and amounts of gas to be taken - Delivery.
§52-234. Misappropriation of gas - Liability for damages and penalties.
§52-235. Misappropriation of gas - Felony of grand larceny.
§52-239. Common source of supply - Apportionment and regulation to prevent waste.
§52-240. "Common purchaser" - Discrimination in purchases prohibited - Regulation of purchases.
§52-241. Enforcement of act - Hearings before Corporation Commission.
§52-242. Appeals to Supreme Court.
§52-243. Corporation Commission - Authority to make rules and regulations.
§52-244. Pipeline companies - Acceptance of act as prerequisite to right to operate.
§52-245. Mine Inspector - Duties unchanged.
§52-246. Partial invalidity - Effect.
§52-247. Violation - Penalties.
§52-248. Declaration of policy.
§52-250. Natural gas - Pumping of water for irrigation - Preferred use.
§52-251. Prices, terms and conditions - Determination.
§52-253. Initiation of proceedings.
§52-254. Obligation of well operators.
§52-255. Controversies pending.
§52-257. Order granting emergency relief.
§52-272. Production and sale regulated - Corporation Commission, authority of.
§52-273. Waste defined - Regulations to prevent.
§52-275. Wells gauged - Regulation by Corporation Commission - Agents.
§52-276. Enforcement of act - Hearings before Corporation Commission.
§52-277. Appeals to Supreme Court - Effect on orders.
§52-278. Violation - Penalties.
§52-287.1. Legislative finding.
§52-287.2. Power and authority of Commission.
§52-287.3. Matters to be found by Corporation Commission - Requisites of petition.
§52-287.4. Order - Units and unit areas - Plan of unitization.
§52-287.5. Ratification or approval of plan by lessees and owners.
§52-287.6. Procedure - Notice - Appeals.
§52-287.7. Unlawful operation.
§52-287.8. Status and powers of unit - Liability for expenses - Liens.
§52-287.10. Enlargement of area - Creation of new units - Amendment of plan.
§52-287.11. Participation by public lands.
§52-287.12. Receipts as income.
§52-287.15. Agreements not violative of laws governing monopolies or restraint of trade.
§52-288.3. Oklahoma Energy Resources Board.
§52-288.5. Board - Powers, duties and responsibilities.
§52-288.5A. Committee for Sustaining Oklahoma's Energy Resources.
§52-288.5B. Sustaining Oklahoma's Energy Resources Revolving Fund.
§52-288.5D. Levying fee to fund Commission.
§52-288.5E. Refund of fees levied on production.
§52-288.7. Energy Resources Revolving Fund.
§52-288.8A. Levy of assessment - Remitting - Rate - Collection.
§52-288.11. Investment of funds - Utilizing funds to influence governmental action or policy.
§52-291. Confinement of gas until used.
§52-292. Waste from gas pipeline - Unlawful if unnecessary.
§52-293. Flambeau lights unlawful.
§52-294. Lights - Daytime use prohibited.
§52-295. Burning gas during day.
§52-296. Refuse from wells - Disposition.
§52-296.1. Securing of crude oil storage tanks.
§52-302. Firing oil or gas, or interfering with appliances unlawful.
§52-303. Penalty for violations.
§52-305. Well drilling within 100 feet of underground coal mines prohibited.
§52-306. Workable coal beds or seams defined.
§52-307. Drilling of wells through workable seams - Regulations.
§52-309. Findings and declarations.
§52-310. Leaking wells - Entry upon land to plug, replug or repair - Emergencies.
§52-311. Liability for damages.
§52-312. Responsibility for future remedial work.
§52-313. No admission of liability or discharge of action.
§52-314. Right of action for costs involved - Lien
§52-317.1. Seeping natural gas - Jurisdiction, power, and authority of the Corporation Commission.
§52-318. Remedial work - Contracts upon competitive bids.
§52-318.1a. Confidentiality of financial statement.
§52-318.3. Notice of intent to drill - Negotiating surface damages.
§52-318.4. Undertakings which may be posted as damage deposit.
§52-318.5. Negotiating surface damages - Appraisers - Report and exceptions thereto - Jury trial.
§52-318.8. Effect of act on jurisdiction, authority and power of Corporation Commission.
§52-318.9. Violation of act - Damages.
§52-318.21. Short title - Seismic Exploration Regulation Act - Definitions.
§52-318.22. Seismic exploration operations - Registration - Permits - Requirements - Penalty.
§52-318.23. Seismic test hole blasting - Damages.
§52-320. "Growing crops" defined.
§52-320.1. Restriction on location of habitable structures.
§52-320.2. Unlawful use of safety equipment in oil or gas production.
§52-391. Sale of petroleum products under deception as to quality or identity.
§52-392. Marked containers or distributing equipment - Use in selling petroleum products.
§52-393. Trademark - Imitation.
§52-394. Selling under false mark or name.
§52-396. Aiding violations of act.
§52-397. Violation of provisions - Misdemeanor.
§52-398. Definitions - Persons liable for violations by firm or corporation.
§52-399. Partial invalidity - Effect.
§52-420.1. Short title - Definitions.
§52-420.2. State Liquefied Petroleum Gas Administrator - Deputies and enforcement officers.
§52-420.3. Oklahoma Liquefied Petroleum Gas Board.
§52-420.3A. Liability of sellers, suppliers, handlers, or transporters of liquified petroleum gas.
§52-420.4. Registration permits - Fees - Insurance requirements.
§52-420.8. Violations of law or rule.
§52-420.10. Appointment of administrative staff.
§52-420.14. Nonresidents - Prohibition on storage or dispensing.
§52-420.15. Safety schools for liquefied petroleum dealers.
§52-420.17. Inspectors' uniforms - Maintenance and cleaning allowance.
§52-420.22. Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Commission - Creation.
§52-420.24. Commission powers and duties.
§52-420.25. Commission meetings - Appointment of Director.
§52-420.26. LP Gas Research, Marketing and Safety Revolving Fund.
§52-420.28. Assessment collection - Penalties.
§52-420.29. Assessment refund.
§52-420.29-1. Exports exempted from assessment.
§52-420.29-2. Application for refund by purchaser.
§52-420.29-3. Petition to Commission for refund.
§52-420.30. Certain programs not preempted - Designation of funds for payment of certain programs.
§52-420.31. Oklahoma Propane Education and Safety Council – Powers and duties.
§52-421.1. Liquefied petroleum gas emergency - Declaration by Governor.
§52-472. Terms defined - Pressure - Conversion to standard conditions.
§52-473. Determination of factors by Commission - Determination and report of volumes.
§52-474. Sales, purchases and deliveries - Adjustment of contract prices.
§52-475. Penalty for violations - Civil actions.
§52-477. Jurisdiction of Commission not restricted.
§52-521. Leasing of mineral interests of owners who cannot be located.
§52-523. Negotiations by receiver - Deposit of funds - Discharge - Costs.
§52-524. Natural gas - Preferred use.
§52-525. Agricultural use of natural gas - Price - Installation of lines - Cessation of delivery.
§52-527. Method of measuring amount of gas.
§52-528. State Corporation Commission - Powers and duties - Duty of Operators.
§52-529. Liability of operators - Jurisdiction - Venue.
§52-549.4. Perfection of oil and gas lien.
§52-549.5. Oil and gas commingling.
§52-549.6. Rights of purchaser.
§52-549.7. Relative priority of oil and gas lien.
§52-549.8. Not affected by act.
§52-549.9. Waiver, relinquishment, release.
§52-549.10. Expiration of oil and gas lien - Enforcement of lien.
§52-549.11. Rights of operator.
§52-549.12. Cumulative rights.
§52-553. Mineral Owner's Fund.
§52-554. Transmission of funds - Escrow report - Claims against Mineral Owner's Fund.
§52-555. Investment of funds - Apportionment of interest.
§52-556. Custody of Mineral Owner's Fund - Transfer of monies to Unclaimed Property Fund.
§52-557. Conditions for oil well plugging approval.
§52-558. Implementation of act – Rules - Prospective operation.
§52-570.3. Application of act.
§52-570.5. Designation of person for certain royalty, accounting and remittance functions.
§52-570.6. Selling royalty gas in kind - Consumption and accounting for royalty gas.
§52-570.7. Out-of-balance wells.
§52-570.10. Payment of proceeds from sale of oil and gas production.
§52-570.13. Promulgation of rules.
§52-570.15. Performance pursuant to act - Satisfaction of duties and obligation.
§52-581.2. Purpose and intent of act.
§52-581.4. Exemptions - Owners ineligible to elect to market share.
§52-581.5. Election to market share - Procedure.
§52-581.6. Election to market share - Effect.
§52-581.7. Amount of gas produced from well.
§52-581.8. Distribution of revenues from sale of production.
§52-581.9. Construction and application of act.
§52-604. Transfers prohibited.
§52-609. Powers and authority of Commission.
§52-610. Violations - Fines and penalties - Collection of fines.
§52-612. Nonresident transferees - Service of process.
§52-613. Statute of limitations.
§52-801. Exploration Rights Act of 2011.
§52-803. Surface estate – Interference with solar energy agreement – Notice
§52-902. Construction of oil and gas contracts, statutes and governmental orders.
§52-903. Failure to pay proceeds from production - Remedies.