Burmah Oil & Gas Co. v. Corporation Commission

• Citation: 541 P.2d 834,1975 OK 138
• Decision Date: 14 October 1975
• Docket Number: No. 48436,48436
• Parties: BURMAH OIL & GAS COMPANY, Appellant, v. The CORPORATION COMMISSION of the State of Oklahoma and its members et al., Appellees.
• Court: Supreme Court of Oklahoma

Page 834

541 P.2d 834

BURMAH OIL & GAS COMPANY, Appellant, v. The CORPORATION COMMISSION of the State of Oklahoma and its members et al., Appellees.

No. 48436.

Supreme Court of Oklahoma.

Oct. 14, 1975.

McPherson & Buckingham by John C. Buckingham, Oklahoma City, for appellant.

T. Earl Curb, Asst. Gen. Counsel, Corp. Com'n of Okl., Oklahoma City, for appellees.

BARNES, Justice:

This is an original action by Petitioner, Burmah Oil & Gas Company, hereinafter referred to as 'Burmah,' for a writ of prohibition against the Oklahoma Corporation Commission and its members, hereinafter referred to as 'Commission.'

Burmah seeks to prohibit the Commission from proceeding further with the claim of Jerry L. Putman for an order directing Burmah to furnish natural gas service to his premises as provided by 52 O.S.1971 § 10, on the ground that this statute, if applied to Burmah, is unconstitutional. Burmah seeks prohibition for the further reason that the Commission does not have authority, either express or implied, to enforce the said statute.

We will consider Burmah's second proposition first because if we decide that the Commission does not have jurisdiction of this case, it will not be necessary to consider the constitutionality of the act.

It is agreed by the parties that Burmah is a private corporation engaged in the business of exploring for and producing oil and gas and associated hydrocarbons. Putman is a private individual seeking a connection to Burmah's gas pipeline. Burmah owns and maintains said gathering line across lands owned by Putman for the purpose of transporting gas produced by Burmah from its wells to a gas processing plant. The line across Putman's land is maintained pursuant to a private easement, which was acquired by Burmah through purchase and not through eminent domain. Burmah has never engaged in the gas distribution business in the State of Oklahoma and has never dedicated its facilities to rendering gas distribution service to the general public or to any portion of the general public.

The statute under attack, 52 O.S.1971 § 10, provides:

' § 10. Pipe line companies may cross highways, bridges, etc.--Supplying gas to landowner.

'Every gas pipe line corporation or individual in this state is hereby given authority to build, construct and maintain gas pipe lines, over, under, across or through all highways, bridges, streets, or alleys in this state, or any public place therein, under the supervision of the inspector of oil and gas as to where and how in said highways, bridges, streets, alleys and public places said pipe lines shall be laid, subject to the control of the local municipalities as to how the business of distribution in that municipality shall be conducted, and subject to responsibility as otherwise provided by law; provided, however, that whenever any gas pipe line crosses the land or premises of any one outside of a municipality, said corporation shall, by request of the owner of said premises connect said premises with a pipe line and furnish gas to said consumer at the same rate as charged in the nearest city or town. R.L.1910 § 4303; Laws 1929, c. 44, p. 56, § 3.' (Emphasis ours)

An examination of the statute discloses that there are two unrelated matters covered therein. The first, as the title indicates, authorizes pipe line companies to cross highways, bridges, etc., while the second provides for supplying gas to the landowner. The latter does not provide any procedure for enforcement of the request for service by the landowner. Commission contends that this is to be inferred from the first part of the section. The two provisions might as well have been separate sections insofar as they relate to one another. We cannot see where the statute authorizes or empowers the Commission to enforce the act insofar as it relates to the problem at hand.

The Oklahoma Corporation Commission is a tribunal of limited jurisdiction. 52 O.S. § 10 confers no jurisdiction upon the Commission to enforce the provisions thereof. Under Article 9, Section 18, of the Oklahoma...