Current through Register Vol. 50, No. 9, September 20, 2024
A. This
regulation shall apply to the requirements placed by Sections 555.C of the Act
upon a person relative to the transportation of intrastate natural gas, coal or
lignite, and the construction, extension, acquisition and operation of
facilities or extensions thereof.
B. All applications by a person required to
be filed with the commissioner of conservation pursuant to the provisions of
Sections 555.C of the Act shall be in writing, verified under oath by an
individual having authority to execute same, shall be in the form approved by
the commissioner, and shall contain the following information:
1. the exact legal name of the applicant; its
principal place of business; whether an individual, partnership, corporation or
otherwise; the state under the laws of which applicant was organized or
authorized; if a corporation, a certificate of good standing and authorization
to do business from the secretary of state of Louisiana, the location and the
mailing address of applicant's registered office, the name and post office
address of each registered agent in Louisiana, and the names and addresses of
all its directors and principal officers; if a partnership or other similar
organization, the names and addresses of its partners of record, officer or
other responsible parties of record; applicant's current financial statement or
such other information which may be submitted by the applicant and accepted by
the commissioner concerning the ability of the applicant to construct, acquire,
or operate the proposed facility or extension thereof; and the name, title and
mailing address of the person or persons to whom communications concerning the
application are to be addressed;
2.
the nature of the service rendered by applicant (industrial sale, sale for
resale, transportation or other of gas, coal or lignite);
3. a concise description of applicant's
existing operations;
4. a table of
contents which shall list all exhibits and documents filed with the
application;
5. a map(s), of its
pipeline system(s), which shall reflect the location and capacity of all
compressor sites, all points of connection between such system(s) and
pipelines, or pipeline system(s) of other persons, the date of such
connections, and all major points of supply;
6. a listing of applicant's gas, coal or
lignite sales contracts and gas, coal or lignite transportation contracts
within the state of Louisiana on prescribed forms containing the following
data:
a. parties: seller, purchaser, owner,
transporter;
b. date of
contract;
c. term of
contract;
d. quantities of gas,
coal or lignite:
i. maximum daily quantity
seller is obligated to deliver: MCF/Day, MMBTU/Day or TON/Day;
ii. minimum daily quantity purchaser is
obligated to receive: MCF/Day, MMBTU/Day or TON/Day;
iii. measurement-pressure base;
iv. service-firm or interruptible;
v. give conditions under which deliveries or
receipts can be interrupted or curtailed and minimum level of daily volume
during interruption or curtailment;
e. type of service: (industrial, sale for
resale, transportation or other);
f. points of delivery;
g. delivery pressures: minimum,
maximum;
h. price;
7. a listing of the location of
interconnects between applicant's pipeline system(s) and pipeline or pipeline
system(s) of other persons.
C. Subsequent filings may be required by the
commissioner to complete an evaluation of each pipeline system for the purposes
of Sections 555.C or other Sections of the Act.
1. A person authorized to operate as an
intrastate natural gas or coal slurry transporter may incorporate the
information required to be filed under Paragraphs B.1, 3, 5, 6 and 7 of this
regulation by reference to prior hearing evidence, presented to the
commissioner, specifically identifying such prior evidence and the items to be
incorporated therefrom.
D. All applications filed shall be noticed on
interested parties, and all hearings required under Section 555.C of the Act
shall be in accordance with the rules of procedure of the commissioner.
Interested parties shall be as follows:
1.
where a new supply of gas, coal or lignite from a producing field(s) or mine in
Louisiana is to be connected by a new pipeline, the interested parties shall
be:
a. the owner(s) of the proposed new
pipeline;
b. the owner(s) of an
existing pipeline (if different from owner(s) of proposed new pipeline), if
any, to which the proposed new pipeline is to be connected;
c. each seller and each purchaser to the
contract or contracts covering the new supply of gas, coal or lignite to be
connected, or in the case of gas, coal or lignite to be transported or
exchanged, the parties from whom the gas, coal or lignite is to be received,
and the parties to whom the gas, coal or lignite is to be delivered;
d. owner(s) of the land to be traversed by
the proposed pipeline in Louisiana;
2. where a new pipeline customer(s) is to be
connected, the interested parties shall be:
a.
the owner(s) of the proposed new pipeline;
b. the owner(s) of an existing pipeline, if
any, (if different from the owner or owners of the proposed new pipeline) to
which the proposed new pipeline is to be connected and from which pipeline gas,
coal or lignite will flow to the proposed new pipeline;
c. each seller and each purchaser to the
contract(s) under which gas, coal or lignite delivered by the new pipeline is
to be sold in Louisiana, or in the case of gas, coal or lignite to be
transported or exchanged in Louisiana, each party to each transportation or
exchange agreement;
d. owner(s) of
the land to be traversed by the proposed pipeline.
E. The commissioner, upon proper
showing, shall issue his order in accordance with the application submitted.
Provided, however, the order shall expire on its first anniversary date if
construction of facilities authorized by said order has not commenced. The
commissioner may, upon written request and for good cause shown, extend the
expiration date of said order. The commissioner shall be given timely written
notice when the construction authorized under this regulation is
completed.
F. The commissioner may
issue, upon application by a person(s) a temporary order in cases of emergency
without notice or hearing pending the application for a permanent order, all in
accordance with the rules of procedure of the commissioner.
G. Each transporter shall annually file by
April 1 an updated map of its intrastate natural or coal slurry gas pipeline
facilities depicting the location and size of all compressors, all points of
connection between such facilities and pipelines of other persons, all major
points of supply, and the nominal size of all lines. If none of the above data
has changed during the previous year, the applicant shall so notify the
commissioner in writing by April 1.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
30:501-599, 601-606.
