Sec. 38.35.220. Continued operation of certain carriers.

246 words·~1 min read·/ak/title-38/chapter-35/38-35-220

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Natural gas carriers that operate as public utilities holding easements, rights-of-way, or permits for pipelines on state public land on May 20, 1972, are unaffected by this chapter within the scope of their existing operations, normal expansions, and extensions thereof so long as their original or present purpose and function remains unchanged. This exemption does not apply to a natural gas pipeline constructed outside of the

(1)Southcentral region of the state;

(2)Matanuska-Susitna Borough;

(3)Kenai Peninsula Borough;

(4)Municipality of Anchorage;

(5)Chugach Regional Educational Attendance Area; or

(6)Copper River Regional Educational Attendance Area.

(b)Subject to

(a)of this section, if an existing right-of-way is revocable or for a term of years, then upon revocation or expiration this chapter applies.

(c)Applications for pipeline permits which have been filed with the division of lands before May 20, 1972, shall be considered as filed under this chapter but this does not otherwise restrict the authority of the commissioner in acting on these applications under this chapter; however, if the division of lands has, before May 20, 1972, granted right-of-entry to an applicant or issued a letter of no-objection to an applicant, and the applicant thereafter fully complies with all of the terms and conditions originally specified by the division of lands or other agency, these applications are existing valid permits or easements on May 20, 1972.

(d)[Repealed by § 21 ch 3 FSSLA 1973.]