Louisiana Administrative Code
Title 70 - TRANSPORTATION AND DEVELOPMENT
Part VII - Offshore Terminal Authority
Chapter 1 - Licensing Offshore Terminal Facilities for Dry Bulk Cargoes
Section VII-107 - Applications
Universal Citation: LA Admin Code VII-107
Current through Register Vol. 50, No. 12, December 20, 2024
A. General. No person shall construct or operate, or cause to be constructed or operated, offshore terminal facilities within the jurisdiction of the authority without first filing an application and obtaining a license from the authority pursuant to the provisions of these rules and regulations.
B. Contents of Application
1. An application shall contain the following
general information:
a. a brief summary of the
entire application suitable for use by the authority in giving the notices
required by Section V(A)(3) of these rules and regulations;
b. the name, address, citizenship and
telephone number of the applicant and of each person having an ownership
interest in the applicant;
c. the
ownership interest of each person having an interest in the applicant. A
description of the agreements establishing such interest shall be included in
the application;
d. the name,
address, citizenship and telephone number of any person owning a controlling
interest in any person having an ownership interest in the applicant;
e. the name and address of the person
designated by the applicant to receive formal notices or documents;
f. a statement at the end of the application,
subscribed and sworn to before a notary public, that the person who signs the
application represents that he is authorized and empowered to sign the
application on behalf of the applicant and that the contents of the application
are true;
g. if the applicant is a
corporation, a copy of the applicant's charter or certificate and articles of
incorporation certified by the appropriate official of the state of
incorporation.
2. An
application shall contain the following information relating to the financial
responsibility of the applicant:
a. the
applicant's most recent certified financial statements;
b. the most recent certified financial
statements of each person having an ownership interest in the
applicant;
c. estimates of the
minimum annual dry bulk cargo throughput required for the proposed offshore
terminal facilities to break even financially. Throughput required to break
even financially means the throughput required to cover operating, debt
retirement and other costs, but shall not include throughput required to
provide a reasonable return on investment;
d. an estimate of capital expenditures and
operating costs, tariffs, and projected. Revenue based on estimated dry bulk
cargo throughput;
e. plans for
financing capital expenditures and operating costs, including sources of
financing, and the type, amount and percentage of equity, short-term and
long-term financing;
f. a general
projection of the use of the proposed offshore terminal facilities during the
anticipated life of the project;
g.
a description of any guarantees, options, nominations, agreements, commitments
or representations by specific companies which are relied upon in determining
that the proposed offshore terminal facilities will be economically viable at
all times.
3. An
application shall contain an analysis of:
a.
the extent to which the construction and/or operation of the proposed offshore
terminal facilities may increase the demand on the state of Louisiana and its
political subdivisions for public services and facilities, including, but not
limited to, schools, parks, transportation facilities, wharfs, docks,
electricity, water, and sewerage facilities, flood protection, police and fire
protection, and other physical and social services;
b. an estimate as to the direct and indirect
economic, environmental and administrative costs attributable to the
construction and operation of the proposed offshore terminal facilities. An
application shall contain a separate analysis of the nature and amount of each
of such costs which pertain to the state and its political
subdivisions;
c. all relevant facts
showing the extent to which the construction and operation of the proposed
offshore terminal facilities will contribute to increased employment and
employment benefits in Louisiana;
d. the projected temporary and permanent
demographic effect of the construction and operation of the proposed offshore
terminal facilities;
e. the
projected demand for support services related to the proposed offshore terminal
facilities, with emphasis on the duration and location of such services.
Support services as used in these rules and regulations include, but are not
limited to skilled and unskilled labor, boat services, contractors,
fabricators, engineering and other professional consultants, suppliers, divers,
surveyors and repair and maintenance services and personnel and living
accommodations.
4. An
application shall contain all pertinent information with respect to dry bulk
cargoes as required by the Environmental Protection Plan.
5. An application shall contain a statement
by the applicant that:
a. there will be no
substantial changes from the plans, operational system, and methods, procedures
and safeguards set forth in the operations manual; and
b. he will comply with all reasonable
conditions the authority may prescribe in accordance with the provisions of the
Act or the authority's rules and regulations.
6. An applicant shall designate those
portions of any information submitted to the authority as part of an
application, which concern or relate to trade secrets or which are by nature
confidential.
7. An applicant
shall:
a. furnish the authority, as part of
an application, a listing or description of all studies, reports and analyses
performed by or on behalf of the applicant which were used by the applicant in
preparing an application; and
b.
make such studies, reports and analyses available to the authority upon
request.
AUTHORITY NOTE: Promulgated in accordance with R.S. 34:3101 et seq.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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