(1) No person who shall construct, acquire, extend or operate an intrastate gas pipeline for transmitting natural, manufactured or mixed gas for sale, sale for resale, or distribution for consumption by industrial users, public utilities, or a public utility owned or operated by a municipality, shall be deemed a public utility or be required to obtain a gas certificate or public convenience and necessity from the commission to engage in the foregoing activities.
(2) Any person engaged in the transmission, sale, sale for resale, or distribution of natural, artificial, or mixed natural and artificial gas to industrial users, public utilities, or public utilities owned or operated by municipalities, by means of transportation, transmission or distribution in an intrastate gas pipeline shall not be deemed a public utility or be required to obtain a gas certificate of public convenience and necessity from the commission.
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