Each operator of a pipeline or pipelines operated in the state of New Mexico for the transportation of crude oil, natural gas or the products derived therefrom shall, during the month of July, obtain a license for the operation of such pipeline. Application for such license shall be made upon a form to be provided by the corporation commission [public regulation commission] and shall be accompanied by the license fee determined as hereinafter provided. On receipt of such application and license fee, the corporation commission [public regulation commission] shall issue a license to the applicant for the current fiscal year. All license fees so collected shall be paid to the state treasurer, and by him credited to the general fund.

SCHEDULE OF ANNUAL LICENSE FEES

A. Each person, firm, association or corporation transporting natural gas or the products derived therefrom by pipeline or pipelines in New Mexico, and operating a pipeline or pipelines and appurtenant facilities within New Mexico, shall pay an annual license fee of five hundred dollars ($500) at the time of making the application required by this section. An additional fee shall be paid, measured by the aggregate installed rated horsepower of compression facilities located within New Mexico, and operated by the licensee in accordance with the following schedule:

(1) not exceeding 10,000 horsepower, the minimum fee with no additional fee;

(2) more than 10,000 horsepower and not more than 30,000 horsepower, the minimum fee plus $2,275.00;

(3) more than 30,000 horsepower and not more than 50,000 horsepower, the minimum fee plus $4,000.00;

(4) more than 50,000 horsepower and not more than 75,000 horsepower, the minimum fee plus $5,000.00;

(5) more than 75,000 horsepower and not more than 100,000 horsepower, the minimum fee plus $5,500.00;

(6) more than 100,000 horsepower, the minimum fee plus $5,925.00 and plus $75.00 additional for each 10,000 horsepower or fraction thereof in excess of 100,000 horsepower.

B. Each operator of a pipeline or pipelines for the transportation of oil or the products derived therefrom shall pay the following fees, based on the number of miles of such line operated in New Mexico:

A basic fee of five hundred dollars ($500) and in addition fees computed in accordance with the following schedule:

(1) for all lines up to and including eight inches in diameter:

$13.00 per mile for the first 50 miles;

$7.00 per mile for the next 25 miles;

$4.00 per mile for the next 25 miles;

$1.00 per mile for each mile in excess of 100 miles;

(2) for all lines more than eight inches in diameter:

$18.00 per mile for the first 25 miles;

$13.00 per mile for the next 25 miles;

$9.00 per mile for the next 25 miles;

$6.00 per mile for the next 25 miles;

$2.00 per mile for each mile in excess of 100 miles.

For purposes of determining the license fees payable under the provisions of this Subsection B, any pipeline owned by two or more persons, firms or corporations shall be considered to be a separate pipeline operation to be licensed as such in the name of the operator or owners thereof. The basic fee to be paid in the licensing of such lines under the foregoing fee schedule shall be:

$500 on lines less than twenty inches in diameter;

$850 on lines twenty inches or more in diameter.

History: 1941 Comp., § 69-316, enacted by Laws 1953, ch. 42, § 3; 1953 Comp., § 65-4-3; Laws 1957, ch. 64, § 1.

Bracketed material. — The bracketed material was inserted by the compiler. It was not enacted by the legislature and is not part of the law.

Laws 1998, ch. 108, § 80 provided that references to the state corporation commission be construed as references to the public regulation commission.

Supreme court lacked jurisdiction to review order of corporation commission (now public regulation commission) requiring oil pipeline company to procure license to operate pipeline and pay the license fee since right to remove orders to court for review was limited to orders made under powers granted commission by N.M. Const., art. XI, § 7 (now repealed). Murchison & Co. v. State Corp. Comm'n, 1947-NMSC-040, 51 N.M. 285, 183 P.2d 155.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Licenses and Permits § 25.

15 C.J.S. Commerce § 118.