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-109 - Applications Requiring Public Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. No order, ruling or finding may be made or
				  other action taken with respect to
				  R.S.
				  30:553, 554, 555(A)-(C), 555(F), 555(H), 556,
				  557, 558, 571 through 576, 593, 596, 598(E), 599, 722, 723, and 607 without a
				  public hearing after due notice to all interested parties unless the right to a
				  public hearing is waived pursuant to the provisions of the Administrative
				  Procedure Act, as amended, (R.S. 49:951-968) or the Natural Resources and
				  Energy Act of 1973 expressly provides that no hearing is required in that
				  instance.
B. Applications to the
				  commissioner of conservation for which a public hearing is required shall be
				  submitted in writing, be verified under oath, and shall be in a form and
				  contain such information as is required by the commissioner. The hearing on the
				  application shall be noticed in accordance with §113 The hearing date of
				  the application shall not be less than 10 days following the date of
				  publication of notice.
C.
				  Interested parties who wish to object to said application or participate in the
				  hearing must file a petition or notice with the commissioner and the applicant
				  within five days following the receipt by such interested parties of notice of
				  the hearing. Petitions or notices filed in connection with the application
				  shall set forth clearly and concisely the facts from which the nature of the
				  petitioner's alleged right or interest can be determined, the grounds of the
				  proposed participation, and the position of the petitioner in the proceeding so
				  as to fully and completely advise the parties and the commissioner as to the
				  specific issues of fact or law to be raised concerning public interest,
				  provided however, that the right to participate in a proceeding commenced under
				  this Chapter shall not extend to objections directed solely to the matters
				  involving rights-of-way including, but not limited to, the public purpose and
				  necessity to be served in an expropriation thereof or the compensation therefor
				  which is a judicial question pursuant to the Constitution of the state of
				  Louisiana 1974, Article 1, Section 4.
D. The commissioner, either upon his own
				  motion, or at the request of an interested party or the applicant, may call a
				  conference of the parties to a proceeding at any time, if in his opinion, such
				  a conference would resolve or narrow the issues in controversy or assist in the
				  conduct of the hearing.
E. If no
				  objection to the application is timely filed by an interested party, in
				  accordance with the provisions of this rule, it will be unnecessary for the
				  applicant to be present or to be represented at the hearing, and evidence shall
				  be filed by affidavit or in such other form as is acceptable to or permitted by
				  the commissioner who shall render an order based upon the record in the
				  proceeding. The order of the commissioner shall be final, subject to
				  reconsideration by him upon application for rehearing by the applicant or
				  interested party filed within 10 days from the date of its entry.
F. If the commissioner, in his judgment,
				  determines that an emergency exists, which in the public interest, requires
				  action on the application prior to the hearing date or the minimum 10-day
				  notice period herein required, the commissioner may act on the application and
				  issue a temporary order; however, such emergency authorization shall remain in
				  force no longer than 15 days from its effective date in any event, a temporary
				  order shall expire when the commissioner's decision on the application after
				  notice and hearing becomes effective.
G. An interested party who fails to comply
				  with the requirements of the this rule, may, at the commissioner's discretion,
				  be precluded from introducing witnesses or from presenting evidence at the
				  hearing; however, any person shall be permitted to cross-examine witnesses and
				  make statements confined to his position in the matter.
H. Hearings on applications for approval to
				  connect an intrastate natural gas pipeline, gas gathering line or coal slurry
				  pipeline to an interstate natural gas pipeline or coal slurry pipeline filed
				  pursuant to
				  R.S.
				  30:555.H and 607 and Louisiana Constitution
				  1974, Article IX, Section 2, shall be held not less than 10 days after notice
				  given in the manner provided in §113 Provided, however, that if the
				  commissioner, in his judgment, determines that an emergency exists, which, in
				  the interest of public health, safety or welfare, requires that said hearing be
				  held on shorter notice, said emergency hearing may be held on any abbreviated
				  notice, but not less than three days following the date of publication of
				  notice of said hearing in the official journal of the state of
				  Louisiana.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 30:501-599,
					 601-606.