reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part IX - Office of Conservation-Natural Gas Policy Act › Chapter 3 - Tight Formation Rules and Procedures › Section IX-307 - Documents Supporting Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. An application filed pursuant to Section
				271. 705(b)(1) of the FERC regulations shall contain the following information
				(such information to be submitted at the hearing scheduled pursuant to
				§309. A hereof):
1. a type log
				identifying the proposed definition of the recommended tight formation and a
				geologic-lithologic description of said formation;
2. a structure map drawn on the top of the
				recommended tight formation;
3.
				stratigraphic cross-section(s) to delineate the development of the recommended
				tight formation throughout the geographical area being requested;
4. in situ gas permeability calculated from
				core tests, flow tests, log interpretation, or other accepted engineering
				methods;
5. calculations which
				indicate that the stabilized production rate against atmospheric pressure of
				wells completed in the recommended tight formation prior to stimulation will
				not exceed the maximum allowable production rate set forth in Section 271.
				705(b)(1)(ii) of the FERC regulations;
6. evidence to indicate that no well
				completed in the recommended tight formation will prior to the application of
				enhanced production techniques produce more than five barrels of crude oil per
				day (
Crude oil
is defined by Section 270. 102(b)(5) of the
				FERC regulations as a mixture of hydrocarbons that exists in the liquid phase
				in natural underground reservoirs and remains liquid at atmospheric pressure
				after passing through surface separating facilities);
7. evidence to indicate that existing state
				and/or federal regulations will assure that development of the recommended
				tight formation will not adversely affect any fresh water aquifer that is or is
				expected to be used as a domestic or agricultural water supply;
8. a legible map depicting the geographical
				area requested as being underlain by the recommended tight formation together
				with a geographical description of such area. All wells which have produced
				natural gas from the recommended tight formation shall be clearly located and
				identified by operator, well number and name, and serial number on such map or
				on an appropriate attachment.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part IX - Office of Conservation-Natural Gas Policy Act › Chapter 3 - Tight Formation Rules and Procedures › Section IX-309 - Notice, Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon receipt
				of an application for designation of any formation in Louisiana as a tight
				formation, the commissioner, after assigning a docket number to such
				application, shall schedule a public hearing on the application and shall cause
				a notice of the application to be published in the official journal of the
				state of Louisiana. Such notice shall be published at least 10 days before the
				hearing and shall include:
1. a statement of
				the time, place, and nature of the hearing;
2. a statement of the legal authority and
				jurisdiction under which the hearing is to be held;
3. a reference to the particular sections of
				the statutes and rules involved;
4.
				a short and plain statement of the matters asserted.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part IX - Office of Conservation-Natural Gas Policy Act › Chapter 3 - Tight Formation Rules and Procedures › Section IX-311 - Rehearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon
				determination by the commissioner, any interested party may file a motion for
				rehearing within 10 days after the date of determination. The application for
				rehearing shall set forth specifically the grounds upon which such application
				is based. The grounds for such action shall be either that:
1. the decision is clearly contrary to the
				law and the evidence;
2. the party
				has discovered since the hearing evidence important to the issues which he
				could not have with due diligence obtained before or during the
				hearing;
3. there is a showing that
				issues not previously considered ought to be examined in order to dispose
				properly of the matter; or
4. there
				is other good ground for further consideration of the issues and the evidence
				in the public interest.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part IX - Office of Conservation-Natural Gas Policy Act › Chapter 3 - Tight Formation Rules and Procedures › Section IX-313 - Notice of Determination

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the
				commissioner makes an affirmative determination on the application, he shall
				then submit a written recommendation to the FERC for their review together with
				the information filed pursuant to §307. A and B hereof.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:501.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part IX - Office of Conservation-Natural Gas Policy Act › Chapter 3 - Tight Formation Rules and Procedures › Section IX-315 - Confidentiality

Current through Register Vol. 50, No. 6, June 20, 2024
A. No information
				submitted pursuant to an application for designation of any formation in
				Louisiana as a tight formation will be accorded confidential treatment by the
				Office of Conservation.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:501.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part IX - Office of Conservation-Natural Gas Policy Act › Chapter 3 - Tight Formation Rules and Procedures › Section IX-317 - Effective Date

Current through Register Vol. 50, No. 6, June 20, 2024
A. These rules
				shall be effective on and after August 20, 1980.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:501.
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-103 - Reports (Formerly section 117)

Current through Register Vol. 50, No. 6, June 20, 2024
A. All reports
				  required to be submitted to the commissioner under the Act shall be on forms
				  approved by him and filed in accordance with schedules set by him. The
				  commissioner may at his discretion grant extensions of time to file said
				  reports upon good cause shown.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 30:501-599,
					 601-606.
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-105 - Applications Not Requiring Public Notice

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applications to the commissioner for which
				  no public notice is required shall be made in writing and shall be in the form
				  required by the commissioner and shall contain such information as is required
				  for such applications under the applicable regulations.
B. If, in applicant's opinion, the public
				  interest requires immediate action, the applicant may request a decision by
				  telephone, and if approval is granted, the application must be submitted in
				  writing within 72 hours thereafter.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 30:501-599,
					 601-606.
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-107 - Applications Requiring Public Notice

Current through Register Vol. 50, No. 6, June 20, 2024
A. Public notice with respect to all
				  applications for which a public hearing is required shall be given by
				  publication of a notice of said hearing in the official journal of the state of
				  Louisiana not less than 10 days prior to the hearing. Public notice shall be in
				  writing and shall include:
1. a statement of
				  the time, place and nature of the hearing and the time within which a response
				  is required;
2. a statement of the
				  legal authority and jurisdiction under which the hearing is to be
				  held;
3. a reference to the
				  particular sections of the statutes, rules and regulations involved;
				  and
4. a concise statement of the
				  matters asserted.
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-111 - Applications and Notices

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				  applications and notices filed pursuant to these rules of procedure shall
				  contain a list of the names and addresses of the interested parties and show
				  that a diligent effort has been made to obtain this list.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 30:501-599,
					 601-606.
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-113 - Approvals by the Commissioner for Certain Matters under the Act

Current through Register Vol. 50, No. 6, June 20, 2024
A. All matters
				  under the Act requiring the approval for permission of the commissioner, and
				  for which no objection thereto has been received within 15 days after due
				  notice, if required, and no public hearing is specifically required may be
				  approved by the commissioner without a public hearing by the issuance of an
				  order, or administratively, on forms and in a manner determined by the
				  commissioner.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 30:501-599,
					 601-606.
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-115 - Approvals by the Commissioner for Matters Involving Public Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. As to matters
				  under the Act requiring the approval of the commissioner after a public
				  hearing, the commissioner shall issue his order and findings relative thereto
				  on forms and in a manner determined by the commissioner.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 30:501-599,
					 601-606.
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-117 - Reports

Current through Register Vol. 50, No. 6, June 20, 2024
A. All reports
				  required to be submitted to the commissioner under the Act shall be on forms
				  approved by him and filed in accordance with schedules set by him. The
				  commissioner may at his discretion grant extensions of time to file said
				  reports upon good cause shown.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 30:501-599,
					 601-606.
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-119 - Applicability of Rules of Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. The rules of procedure set out herein
				  apply only to the provisions of the Act (Chapter 7, Title 30), as implemented
				  by applicable regulations. All other rules of procedure applicable to chapters
				  of Title 30 other than Chapter 7 shall not apply in any manner whatsoever to
				  the Act, or regulations implementing same.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 30:501-599,
					 601-606.
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-121 - Certificate of Transportation or License to be Issued Pursuant to the Provisions of Section 554 or 722 of the Act

Current through Register Vol. 50, No. 6, June 20, 2024
A. This regulation shall apply to a
				  certificate of transportation issued to a qualified person(s) in accordance
				  with the provisions of Section 554 of the Act or to a license to operate a coal
				  slurry pipeline in accordance with the provisions of Section 722 of the
				  Act.
B. All certificates of
				  transportation heretofore issued by the commissioner of conservation pursuant
				  to Section 554 of the Act, as implemented by §121, shall remain in force
				  and effect pursuant to the terms and conditions thereof.
C. Any qualified person desiring a
				  certificate of transportation, except those covered by Subsection B above or
				  license shall apply to the commissioner for an order therefor upon such forms
				  and in such manner as the commissioner prescribes, and shall furnish such data
				  and information as the commissioner may direct; provided, however, that if a
				  person has filed documents and evidence with the commissioner in accordance
				  with Section 555. C of the Act, as required by §125, such filing shall be
				  considered by the commissioner in his determination with respect to the
				  issuance of an order hereunder.
D.
				  The commissioner shall issue an order granting a certificate of transportation
				  or license to any qualified applicant if after hearing with due notice by
				  publication in the official state journal and if he finds that the applicant is
				  able and willing to perform properly the service proposed and to conform to the
				  provisions of Chapter 7 of Title 30 of the Revised Statutes of the state of
				  Louisiana and the requirements, rules and regulations of the commissioner
				  thereunder, and that the proposed issuance of the certificate or license is or
				  will be required by the present or future public interest.
E. All persons receiving a certificate of
				  transportation or license shall be vested with all of the rights and privileges
				  granted and extended under Section 554 of the Act.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 30:501-599,
					 601-606.
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-127 - Intrastate Natural Gas

Current through Register Vol. 50, No. 6, June 20, 2024
A. This
				  regulation shall apply to the price of intrastate natural gas sold by a natural
				  gas company under contracts executed after December 8, 1973, under the
				  provisions of Part V of the Natural Resources and Energy Act of 1973, being
				  Sections 591 thereof. No contract shall be exempt under the provisions of
				  Section 595.
B. Any and all
				  hearings, investigations, and proceedings conducted or held under Part V of the
				  Act shall be in accordance with the rules of procedure of the commissioner of
				  conservation.
C. Each natural gas
				  company who enters into a contract for the sale of intrastate natural gas shall
				  file with the commissioner, within 30 days after the execution of such
				  contract, one complete copy of said contract and one complete copy of all
				  classifications, practices, and regulations affecting such prices.
D. All notices of contracts, agreements, or
				  understandings, or proposed contracts, agreements, or understandings, which may
				  be submitted to the commissioner pursuant to the provisions of Section 597 of
				  the Act shall be filed on forms approved by the commissioner, shall contain the
				  following information:
1. the exact legal
				  name and status of the purchaser and seller and the name, title, and mailing
				  address of the person(s) to whom communications concerning the notice are to be
				  addressed;
2. parties: seller,
				  purchaser, owner, transporter;
3.
				  date of contract;
4. term of
				  contract;
5. quantities of gas;
a. maximum daily quantity seller is obligated
				  to deliver (MCF/ Day or MMBTU/Day);
b. minimum daily quantity purchaser is
				  obligated to receive (MCF/Day or MMBTU/Day);
c. measurement: pressure base;
d. 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);
6. type of
				  sale: industrial, sale for resale, transportation or other;
7. point(s) of delivery;
8. delivery pressures: minimum,
				  maximum;
9. price.
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-129 - Requirements for Connections Pursuant to Sections 555.H and 722 of the Act and Louisiana Constitution 1974

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  All applications to the commissioner requesting approval for an intrastate
				  natural gas or coal slurry transporter to connect its system with, move gas,
				  coal or lignite into or receive gas, coal or lignite from another pipeline
				  system in the state of Louisiana, including pipelines or pipeline systems owned
				  by it within the terms of Sections 555. H and 722 of the Act, and Louisiana
				  Constitution 1974, shall contain the following information:
1. point of connection or
				  connections;
2. status or character
				  of each pipeline, specifying whether said line or lines carry intrastate gas,
				  coal or lignite or interstate gas, coal or lignite and whether they have been
				  deemed jurisdictional by the Federal Energy Regulatory Commission or other
				  federal agency;
3. anticipated
				  volumes of natural gas, coal or lignite to be transferred or exchanged from one
				  pipeline to another;
4. term of
				  exchange or transfer;
5. reasons
				  for interconnections;
6. the
				  commissioner may request such additional information as in his opinion is
				  reasonably necessary to properly evaluate the application.
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-135 - Prohibition of Rate Discrimination by Coal Slurry Transporters Pursuant to Section 723(H) of the Act

Current through Register Vol. 50, No. 6, June 20, 2024
A. No owner or
				  owners of an interstate coal or lignite slurry pipeline constructed in part in
				  Louisiana pursuant to Part IX of the Act, shall discriminate or otherwise offer
				  preferences or advantages as between rates or charges for product or services
				  purchased by users in the state of Louisiana and rates and charges for
				  comparable product or services purchased by users in any other state.
B. The commissioner may, upon his own motion
				  or upon the receipt of a complaint from a Louisiana shipper of an interstate
				  coal or lignite slurry pipeline, require by order the submission of such
				  documents as may be necessary to demonstrate compliance with this regulation.
				  The commissioner may also call a public hearing in order to obtain additional
				  information required to evaluate compliance by a coal slurry transporter with
				  this regulation.
C. This regulation
				  shall not apply to such coal slurry transporters whose rates or charges for
				  product or services are regulated by a federal agency charged with that
				  responsibility.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 30:501-599,
					 601-606.
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-137 - Governing the Use of Louisiana Water in Coal or Lignite Slurry Pipeline Operations Pursuant to Section 723(F) of the Act

Current through Register Vol. 50, No. 6, June 20, 2024
A. This regulation shall apply to the
				  requirements placed by Section 723(F) of the Act upon a coal slurry transporter
				  relative to the use of Louisiana water in coal slurry pipeline
				  operations.
B. Any coal slurry
				  transporter desiring to use water from any source in Louisiana in conjunction
				  with the transportation, maintenance or operation of coal slurry pipeline,
				  other than that for drinking, toilet, bath or other personal uses, must file an
				  application with the commissioner and receive the approval of the
				  commissioner.
C. Applications
				  requesting approval for such use of Louisiana water all be made in writing,
				  executed under oath by an individual having authority to execute same and shall
				  contain the following information:
1.
				  description of proposed water supply source;
2. anticipated quantities of water to be used
				  daily and annually;
3. term of
				  use;
4. whether or not the proposed
				  water supply source is being used by other individuals or
				  municipalities;
5. proposed use of
				  water.
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-139 - Requirements for Disposal of Water Resulting from Coal Slurry Pipeline Operations under Section 723(G) of the Act

Current through Register Vol. 50, No. 6, June 20, 2024
A. Water used in the transportation of coal
				  by pipeline to any point in Louisiana shall conform to regulations of the
				  Office of Environmental Affairs of the Department of Natural Resources prior to
				  its discharge into rivers or streams or holding pits from which seepage can
				  occur.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 30:501-599,
					 601-606.
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-143 - Governing Compilation and Publication of Information Pursuant to Sections 546.A.(5) and 550 of the Act

Current through Register Vol. 50, No. 6, June 20, 2024
A. This
				  regulation shall apply to the gathering, analysis, maintenance and publication
				  of information on intrastate natural gas pipelines, transporters, distributors,
				  and users of natural gas, pursuant to Sections 546. A.(5) and 550 of the
				  Act.
B. All information required by
				  this regulation shall be filed on forms provided by the Office of Conservation.
				  Each natural gas transporter, gas distributor, power plant and industrial user
				  shall, annually on or before April 1, file the information requested on the
				  appropriate Office of Conservation questionnaire required for transporters,
				  distribution companies, power plants and industrial users. Persons receiving
				  and filing these questionnaires in the past will be provided same before
				  February 1. Other persons required by law and this regulation to file a
				  questionnaire should submit their name, mailing address and type of business to
				  the Louisiana Office of Conservation, Post Office Box 94275, Baton Rouge, LA
				  70804-9275, in order to facilitate timely distribution of the
				  questionnaires.
C. This regulation
				  shall not apply to any industrial user which consumes less than 10 million
				  British Thermal Units (BTU's) of natural gas per day and which employs less
				  than 10 permanent employees. Energy consumption shall be based on the daily
				  average of the month of highest consumption.
D. All data, records, writings, accounts,
				  letters, letter books, photographs or copies thereof gathered under this
				  regulation and in the custody and control of this office which pertain to the
				  business of the person responding to questionnaires or other inquiries are
				  subject to the Public Records Law,
				  R.S.
				  44:1 et seq., including its provisions
				  pertaining to confidentiality. Any information submitted to this office
				  pursuant to this regulation which is in its nature confidential and which the
				  person submitting wishes to remain confidential should be indicated
				  specifically to be confidential at the time of submission.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 30:501-599,
					 601-606.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XI - Office of Conservation-Pipeline Division › Subpart 1 - Natural Gas and Coal › Chapter 3 - Applications › Section XI-301 - General (Formerly section 103)

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				  applications to the commissioner, pursuant to Chapter 7 of Title 30 of
				  Louisiana Revised Statutes of 1950, or Article IX of the Louisiana Constitution
				  1974, shall comply with these rules of procedure.
B. Except as otherwise provided in these
				  rules of procedure or in the commissioner's regulations implementing the
				  Natural Resources and Energy Act of 1973, all applications shall be made in
				  duplicate in the form required by the commissioner and to the extent required,
				  shall contain an outline and explanation of the nature of the proposal and
				  shall be accompanied by such attachments, if any, as are required for such
				  applications under the provisions of Chapter 7 of Title 30 of Louisiana Revised
				  Statutes of 1950 and applicable regulations adopted by the commissioner
				  pursuant thereto, and Article IX of the Louisiana Constitution 1974. In those
				  situations where a public hearing is required, applications shall be submitted
				  to the commissioner in triplicate.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 30:501-599,
					 601-606.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XI - Office of Conservation-Pipeline Division › Subpart 1 - Natural Gas and Coal › Chapter 3 - Applications › Section XI-303 - Applications Not Requiring Public Notice (Formerly section 105)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applications
				  to the commissioner for which no public notice is required shall be made in
				  writing and shall be in the form required by the commissioner and shall contain
				  such information as is required for such applications under the applicable
				  regulations.
B. If, in applicant's
				  opinion, the public interest requires immediate action, the applicant may
				  request a decision by telephone, and if approval is granted, the application
				  must be submitted in writing within 72 hours thereafter.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 30:501-599,
					 601-606.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XI - Office of Conservation-Pipeline Division › Subpart 1 - Natural Gas and Coal › Chapter 3 - Applications › Section XI-305 - Applications Requiring Public Notice

Current through Register Vol. 50, No. 6, June 20, 2024
A. Public notice with respect to all
				  applications for which a public hearing is required shall be given by
				  publication of a notice of said hearing in the official journal of the state of
				  Louisiana not less than 10 days prior to the hearing. Public notice shall be in
				  writing and shall include:
1. a statement of
				  the time, place and nature of the hearing and the time within which a response
				  is required;
2. a statement of the
				  legal authority and jurisdiction under which the hearing is to be
				  held;
3. a reference to the
				  particular sections of the statutes, rules and regulations involved;
				  and
4. a concise statement of the
				  matters asserted.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XI - Office of Conservation-Pipeline Division › Subpart 1 - Natural Gas and Coal › Chapter 3 - Applications › Section XI-309 - Applications and Notices (Formerly section 111)

Current through Register Vol. 50, No. 6, June 20, 2024
A. All applications
				  and notices filed pursuant to these rules of procedure shall contain a list of
				  the names and addresses of the interested parties and show that a diligent
				  effort has been made to obtain this list.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 30:501-599,
					 601-606.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XI - Office of Conservation-Pipeline Division › Subpart 1 - Natural Gas and Coal › Chapter 3 - Applications › Section XI-311 - Approvals by the Commissioner for Certain Matters under the Act (Formerly section 113)

Current through Register Vol. 50, No. 6, June 20, 2024
A. All matters
				  under the Act requiring the approval for permission of the commissioner, and
				  for which no objection thereto has been received within 15 days after due
				  notice, if required, and no public hearing is specifically required may be
				  approved by the commissioner without a public hearing by the issuance of an
				  order, or administratively, on forms and in a manner determined by the
				  commissioner.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 30:501-599,
					 601-606.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XI - Office of Conservation-Pipeline Division › Subpart 1 - Natural Gas and Coal › Chapter 3 - Applications › Section XI-313 - Approvals by the Commissioner for Matters Involving Public Hearing (Formerly section 115)

Current through Register Vol. 50, No. 6, June 20, 2024
A. As to matters
				  under the Act requiring the approval of the commissioner after a public
				  hearing, the commissioner shall issue his order and findings relative thereto
				  on forms and in a manner determined by the commissioner.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 30:501-599,
					 601-606.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XI - Office of Conservation-Pipeline Division › Subpart 1 - Natural Gas and Coal › Chapter 3 - Applications › Section XI-315 - Applicability of Rules of Procedure (Formerly section 119)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The rules of
				  procedure set out herein apply only to the provisions of the Act (Chapter 7,
				  Title 30), as implemented by applicable regulations. All other rules of
				  procedure applicable to chapters of Title 30 other than Chapter 7 shall not
				  apply in any manner whatsoever to the Act, or regulations implementing
				  same.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 30:501-599,
					 601-606.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XI - Office of Conservation-Pipeline Division › Subpart 1 - Natural Gas and Coal › Chapter 3 - Applications › Section XI-317 - Office of the Secretary

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  secretary shall perform all duties and functions authorized by the provisions
				  of Act 666 of 1997 Regular Session of the Louisiana Legislature.
B. The Office of the Secretary is authorized
				  to expend a sum, not to exceed $200,000 per annum, for the department's
				  administration of this Part.
C. The
				  secretary shall administer general oversight of expenditures or commitments to
				  make expenditures from the fund for identification, inventory and removal of
				  underwater obstructions as he deems necessary and appropriate.
D. The secretary shall maintain all
				  supervisory and fiscal responsibilities for this Part which are not
				  specifically conferred upon the assistant secretary.
E. The secretary shall perform such other
				  specific functions as may be enumerated or envisioned by this Part.
F. The powers provided in this Part shall be
				  in addition to and shall not limit the powers conferred on the secretary in
				  other provisions of this Title or by any other provisions of any state or
				  federal law or regulation.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:4(D)-4(H) and
					 30:101.4.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XI - Office of Conservation-Pipeline Division › Subpart 1 - Natural Gas and Coal › Chapter 3 - Applications › Section XI-319 - Office of Conservation-Assistant Secretary

Current through Register Vol. 50, No. 6, June 20, 2024
A. The powers of the assistant secretary
				  shall include, without limitation, the power to do the following:
1. negotiate and execute contracts, upon such
				  terms as he may agree upon for underwater obstruction identification,
				  inventory, and removal, and other services necessary to meet the purpose of
				  this Part;
2. publish an annual
				  list of underwater obstruction sites, to include an inventory of the type, size
				  and depth of the obstruction, and any other relevant information which would
				  aid navigation and commercial fishing in the vicinity of the
				  obstruction;
3. prepare, evaluate
				  and approve an annual priority list for underwater obstruction
				  removal;
4. prepare, evaluate and
				  approve a list of contractors acceptable to conduct obstruction
				  removal;
5. administer and manage
				  the Underwater Obstruction Removal Program for identification, inventory, and
				  removal of underwater obstructions in the navigable coastal waters of the
				  state;
6. administer and manage the
				  Underwater Obstruction Removal Fund;
7. perform any function authorized or
				  enumerated by this Part or which is consistent with its purpose.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XI - Office of Conservation-Pipeline Division › Subpart 1 - Natural Gas and Coal › Chapter 3 - Applications › Section XI-321 - Establishment of the Fund

Current through Register Vol. 50, No. 6, June 20, 2024
A. There is
				  hereby established a fund in the custody of the state treasurer to be known as
				  the Underwater Obstruction Removal Fund into which the state treasurer shall,
				  each fiscal year, deposit the revenues received from the collection of the
				  monies enumerated in §321 C, after those revenues have been deposited in
				  the Bond Security and Redemption Fund. Out of the funds remaining in the Bond
				  Security and Redemption Fund, after a sufficient amount is allocated from that
				  fund to pay all the obligations secured by the full faith and credit of the
				  state that become due and payable within each fiscal year, the treasurer shall
				  pay into the Underwater Obstruction Removal Trust Fund an amount equal to the
				  revenues generated as provided for in §321. C Such funds shall constitute
				  a special custodial trust fund which shall be administered by the secretary who
				  shall make disbursements from the fund solely in accordance with the purposes
				  and uses authorized by this Part.
B. The funds received shall be placed in the
				  special trust fund in the custody of the state treasurer to be used only in
				  accordance with this Part and shall not be placed in the general fund. The
				  funds shall only be used for the purposes set forth in this Part and for no
				  other governmental purposes, nor shall any portion hereof ever be available to
				  borrow from by any branch of government. It is the intent of the legislature
				  that this fund shall remain intact and inviolate. Any interest or earnings of
				  the fund shall be credited only to the fund.
C. The following monies shall be placed into
				  the Underwater Obstructions Removal Fund:
1.
				  private contributions;
2. interest
				  earned on the funds deposited in the fund;
3. any grants, donations, and sums allocated
				  from any source, public or private, for the purposes of this Part.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XI - Office of Conservation-Pipeline Division › Subpart 1 - Natural Gas and Coal › Chapter 3 - Applications › Section XI-323 - Use of the Fund

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition to
				  the administrative cost provided for herein, the monies in the fund may be
				  disbursed and expended as directed by the secretary (or assistant secretary)
				  for the following purposes:
1. any underwater
				  obstruction identification, inventory, assessment or removal conducted by the
				  department pursuant to this Part;
2. any costs and fees associated with the
				  administration of the fund and any contract with a private legal entity
				  pursuant to
				  R.S.
				  30:101.7;
3. any costs and fees associated with the
				  recovery of underwater obstruction removal costs;
4. any other expenditures deemed necessary by
				  the secretary to meet the purposes of this Part.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XI - Office of Conservation-Pipeline Division › Subpart 1 - Natural Gas and Coal › Chapter 3 - Applications › Section XI-325 - Office of Conservation; Underwater Obstruction Assessments or Removal

Current through Register Vol. 50, No. 6, June 20, 2024
A. A contract for
				  obstruction removal shall require a cash bond, performance bond, or other
				  equivalent surety instrument approved by the assistant secretary, and shall
				  require a formal bid process. A project which the assistant secretary has
				  declared, in writing, to be an emergency may employ a written and thoroughly
				  documented informal bidding procedure in which bids are received from at least
				  three bidders. All such contracts shall be reviewed prior to execution by the
				  secretary and at least all informally bid contracts shall be reviewed by the
				  Commissioner of the Division of Administration.
B. No party contracting with the department
				  under the provisions of this Part shall be deemed to be a public employee or an
				  employee otherwise subject to the provisions of Chapter 15 of Parts I through
				  IV of Title 42 of the Revised Statutes of 1950.
C. The assistant secretary may enter into
				  contracts for the purposes of underwater obstruction identification,
				  assessments or removal to carry out the provisions of this Part, under the
				  following circumstances:
1. when the
				  assistant secretary has declared an emergency, in writing, he may employ a
				  written and thoroughly documented informal bidding procedure and take informal,
				  detailed written bids from at least three contractors without the necessity of
				  meeting the requirements of the state public bid law. Before execution of a
				  contract, under emergency declaration, a performance bond shall be furnished by
				  the contractor;
2. where no
				  emergency exists, all contracts shall be made pursuant to the state public bid
				  law;
3. all such contracts shall be
				  reviewed prior to execution by the secretary and all informally bid contracts
				  shall be reviewed by the Commissioner of the Division of
				  Administration.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XI - Office of Conservation-Pipeline Division › Subpart 1 - Natural Gas and Coal › Chapter 3 - Applications › Section XI-327 - Underwater Obstruction Sites

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  If the assistant secretary has been unable to identify the owner of an
				  obstruction prior to removal of the obstruction, the secretary (or assistant
				  secretary) may expend monies from the fund to remove the obstruction and fully
				  restore the site.
B. The secretary
				  shall be authorized to recover the removal and restoration costs from the owner
				  of the underwater obstruction.
C.
				  The state shall be exempt from the provisions of this Part.
D. The secretary, the assistant secretary,
				  and their agents shall not be liable for any damages arising from an act or
				  omission if the act or omission is part of a good faith effort to carry out the
				  purpose of this Part.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:4(D)-4(H) and
					 30:101.4.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XI - Office of Conservation-Pipeline Division › Subpart 1 - Natural Gas and Coal › Chapter 3 - Applications › Section XI-329 - Liability

Current through Register Vol. 50, No. 6, June 20, 2024
A. The secretary or
				  assistant secretary shall not be liable for any damages arising from an act or
				  omission if the act or omission is part of a good faith effort to carry out the
				  purpose of this Part.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:4(D)-4(H) and
					 30:101.4.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XI - Office of Conservation-Pipeline Division › Subpart 1 - Natural Gas and Coal › Chapter 3 - Applications › Section XI-331 - Annual Report

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  assistant secretary shall submit to the Senate and House of Representatives
				  Committees on Natural Resources, before March 1, an annual report that reviews
				  the extent to which the program has enabled the assistant secretary to better
				  protect the navigable waters and commercial fishing of the state and enhance
				  the income of the fund.
B. The
				  assistant secretary's annual reports shall include:
1. the number and location of underwater
				  obstructions which have been identified and inventoried, and a list of those
				  obstructions which have been successfully removed during the preceding year, to
				  include the cost of removal of each;
2. the overall status of implementation of
				  the provisions of this Part relating to the identification, inventory, and
				  removal of underwater obstructions.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XI - Office of Conservation-Pipeline Division › Subpart 1 - Natural Gas and Coal › Chapter 5 - Requirements › Section XI-501 - Certificate of Transportation or License to be Issued Pursuant to the Provisions of section 554 or 722 of the Act (Formerly section 121)

Current through Register Vol. 50, No. 6, June 20, 2024
A. This
				  regulation shall apply to a certificate of transportation issued to a qualified
				  person(s) in accordance with the provisions of
				  Section
				  554 of the Act or to a license
				  to operate a coal slurry pipeline in accordance with the provisions of
				  Section
				  722 of the Act.
B. All certificates of transportation
				  heretofore issued by the commissioner of conservation pursuant to
				  Section
				  554 of the Act, as implemented
				  by §501, shall remain in force and effect pursuant to the terms and
				  conditions thereof.
C. Any
				  qualified person desiring a certificate of transportation, except those covered
				  by Subsection B above or license shall apply to the commissioner for an order
				  therefor upon such forms and in such manner as the commissioner prescribes, and
				  shall furnish such data and information as the commissioner may direct;
				  provided, however, that if a person has filed documents and evidence with the
				  commissioner in accordance with
				  Section
				  555.C of the
				  Act, as required by §505, such filing shall be considered by the
				  commissioner in his determination with respect to the issuance of an order
				  hereunder.
D. The commissioner
				  shall issue an order granting a certificate of transportation or license to any
				  qualified applicant if after hearing with due notice by publication in the
				  official state journal and if he finds that the applicant is able and willing
				  to perform properly the service proposed and to conform to the provisions of
				  Chapter 7 of Title 30 of the Revised Statutes of the state of Louisiana and the
				  requirements, rules and regulations of the commissioner thereunder, and that
				  the proposed issuance of the certificate or license is or will be required by
				  the present or future public interest.
E. All persons receiving a certificate of
				  transportation or license shall be vested with all of the rights and privileges
				  granted and extended under
				  Section
				  554 of the Act.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 30:501-599,
					 601-606.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XI - Office of Conservation-Pipeline Division › Subpart 1 - Natural Gas and Coal › Chapter 5 - Requirements › Section XI-507 - Intrastate Natural Gas (Formerly section 127)

Current through Register Vol. 50, No. 6, June 20, 2024
A. This regulation
				  shall apply to the price of intrastate natural gas sold by a natural gas
				  company under contracts executed after December 8, 1973, under the provisions
				  of Part V of the Natural Resources and Energy Act of 1973, being
				  Sections
				  591 thereof. No contract shall
				  be exempt under the provisions of
				  Section
				  595.
B. Any and all hearings, investigations, and
				  proceedings conducted or held under Part V of the Act shall be in accordance
				  with the rules of procedure of the commissioner of conservation.
C. Each natural gas company who enters into a
				  contract for the sale of intrastate natural gas shall file with the
				  commissioner, within 30 days after the execution of such contract, one complete
				  copy of said contract and one complete copy of all classifications, practices,
				  and regulations affecting such prices.
D. All notices of contracts, agreements, or
				  understandings, or proposed contracts, agreements, or understandings, which may
				  be submitted to the commissioner pursuant to the provisions of
				  Section
				  597 of the Act shall be filed on
				  forms approved by the commissioner, shall contain the following information:
1. the exact legal name and status of the
				  purchaser and seller and the name, title, and mailing address of the person(s)
				  to whom communications concerning the notice are to be addressed;
2. parties: seller, purchaser, owner,
				  transporter;
3. date of
				  contract;
4. term of
				  contract;
5. quantities of gas;
a. maximum daily quantity seller is obligated
				  to deliver (MCF/ Day or MMBTU/Day);
b. minimum daily quantity purchaser is
				  obligated to receive (MCF/Day or MMBTU/Day);
c. measurement: pressure base;
d. 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);
6. type of
				  sale: industrial, sale for resale, transportation or other;
7. point(s) of delivery;
8. delivery pressures: minimum,
				  maximum;
9. price.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XI - Office of Conservation-Pipeline Division › Subpart 1 - Natural Gas and Coal › Chapter 5 - Requirements › Section XI-509 - Requirements for Connections Pursuant to sections 555.H and 722 of the Act and Louisiana Constitution 1974

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  All applications to the commissioner requesting approval for an intrastate
				  natural gas or coal slurry transporter to connect its system with, move gas,
				  coal or lignite into or receive gas, coal or lignite from another pipeline
				  system in the state of Louisiana, including pipelines or pipeline systems owned
				  by it within the terms of
				  Sections
				  555.H of the
				  Act, and Louisiana Constitution 1974, shall contain the following information:
1. point of connection or
				  connections;
2. status or character
				  of each pipeline, specifying whether said line or lines carry intrastate gas,
				  coal or lignite or interstate gas, coal or lignite and whether they have been
				  deemed jurisdictional by the Federal Energy Regulatory Commission or other
				  federal agency;
3. anticipated
				  volumes of natural gas, coal or lignite to be transferred or exchanged from one
				  pipeline to another;
4. term of
				  exchange or transfer;
5. reasons
				  for interconnections;
6. the
				  commissioner may request such additional information as in his opinion is
				  reasonably necessary to properly evaluate the application.