Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XI - Office of Conservation-Pipeline Division › Subpart 1 - Natural Gas and Coal › Chapter 1 - Natural Gas and Coal › Section XI-123 - Requirements for Abandonment of All or Any Portion of a Facility, or Any Service Rendered by Means of Such Facility under Sections 555.B and 722 of the Act

Current through Register Vol. 50, No. 6, June 20, 2024
A. This regulation
				  shall apply to requirements of an intrastate natural gas or coal slurry
				  transporter to abandon all or any portion of a facility, or any service
				  rendered by means of such facility, pursuant to the provisions of Section 555.
				  B or 722 of the Act; provided, however, that this regulation-shall not apply to
				  any coal slurry transporter then being regulated by a federal agency having
				  jurisdiction. Application for abandonment shall be filed in accordance with the
				  regulation and
				  §107 However, an
				  application for the abandonment of a sale or transportation contract or related
				  facility shall be submitted to the commissioner at least 30 days, but no more
				  than six months, prior to the contract termination date, or prior to the
				  proposed date of termination of a service or abandonment of a facility in the
				  absence of a contract. The commissioner may for good cause shown grant an
				  exception to said time limitations.
B. Where an abandonment of service or
				  facility is proposed, the interested parties shall be the signatory parties to
				  the contracts affecting said services or facilities and the owners or operators
				  of such facility to be abandoned.
C. The commissioner shall issue his
				  permission and approval for the abandonment of all or any portion of the
				  facilities of an intrastate natural gas or coal slurry transporter subject to
				  the jurisdiction of the commissioner, or any service rendered by means of such
				  facilities, only after the intrastate natural gas or coal slurry transporter
				  shall have demonstrated, to the satisfaction of the commissioner, that the
				  available supply of natural gas, coal, or lignite is-depleted to the extent
				  that the continuance of service is unwarranted or that the public interest and
				  energy needs permit such abandonment. However, the commissioner may deny
				  abandonment based upon satisfactory evidence that a user of gas or coal or
				  lignite located in the state, a majority of which users' employees are
				  Louisiana residents, or which user produces goods or services for Louisiana
				  residents, including gas or electric service, is or will be unable to secure
				  adequate supplies of natural gas or coal or lignite to maintain employment,
				  production, or service levels if abandonment is granted. Application for
				  abandonment shall be made to the commissioner in writing, executed under oath
				  by an individual having authority to execute same with a copy to all interested
				  parties and shall include the following information:
1. description and location, if applicable,
				  of the facility, or portion thereof, or the service rendered by such facility,
				  or portion thereof, to be abandoned;
2. if a gas, coal or lignite sale or
				  transportation contract:
a. the exact legal
				  name and status of the seller and purchaser and the name, title and mailing
				  address of the person(s) to whom communications concerning the notice are to be
				  addressed;
b. date of
				  contract;
c. term of
				  contract;
d. quantities of gas,
				  coal or lignite:
i. maximum daily quantity
				  seller is obligated to deliver: thousands of cubic feet per day (MCF/Day),
				  millions of British thermal units per day (MMBTU/Day) or tons per day
				  (TON/Day);
ii. minimum daily
				  quantity purchaser is obligated to receive: MCF/Day, MMBTU/Day or tons per day
				  (TON/Day);
iii.
				  measurement-pressure base;
iv.
				  service-firm or interruptible. 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, sale
				  for resale, transportation or other);
f. point(s) of delivery;
g. delivery pressures-minimum,
				  maximum;
h. price;
3. reasons for
				  abandonment;
4. prospective date of
				  abandonment;
5. where an agreement
				  as to the terms and conditions of abandonment has been reached between the
				  transporter and the person or persons who are parties to a contract relating to
				  the use of facilities or services to be abandoned, the application for
				  abandonment shall be accompanied by a letter of agreement, signed by the
				  parties or an authorized agent of the parties, verified under oath;
6. Forms PL-1(A) for abandonment of service
				  and PL-1(B) for abandonment of facility may be obtained from the Office of
				  Conservation.