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-513 - Transportation of Intrastate Natural Gas and the Construction, Extension, Acquisition and Operation of Facilities or Extensions Thereof for the Purpose of Acquisition of Gas Supplies within a Gas Supply Acquisition Service Area or Transportation of Gas Supplies for Others within a Gas Supply Transportation Service Area Pursuant to the Provisions of 555(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
				  555(F) of the
				  Act upon an intrastate natural gas transporter relative to the transportation
				  of intrastate natural gas and the construction, extension, acquisition and
				  operation of facilities, or extensions thereof, for the purpose of acquisition
				  of gas supplies within a gas supply acquisition service area or transportation
				  of gas supplies for others within a gas supply transportation service
				  area.
B. Each transporter owning or
				  operating an intrastate pipeline, the construction and operation (or
				  acquisition) of which has been approved by order of the commissioner under
				  Section
				  555.C of the
				  Act, shall have the right to apply to the commissioner for the establishment of
				  a gas supply acquisition service area or gas supply transportation service
				  area. Within such gas supply acquisition service area or gas supply
				  transportation service area a transporter may at its option enlarge or extend
				  its facilities by construction, acquisition, or interconnection, for the
				  purpose of acquiring or transporting for others additional supplies of natural
				  gas or may abandon certain facilities within such area. All applications by the
				  transporter filed with the commissioner requesting the establishment of a gas
				  supply acquisition service area or gas supply transportation service area shall
				  be in writing, verified under oath by an individual having authority, shall be
				  in the form approved by the commissioner, shall be noticed upon interested
				  parties by publication in the official journal of the state of Louisiana and
				  the official journal of each parish within which the gas supply acquisition
				  service area or gas supply transportation service area will be located, and
				  shall contain the information required by
				  §505 All
				  information required to be included within the application which has been
				  presented to the commissioner through prior hearing evidence and all records
				  and documents in the possession of the commissioner filed pursuant to the
				  Natural Resources and Energy Act of 1973 may be incorporated in the application
				  by reference. Each application shall include a map depicting the location of
				  the transporter's existing intrastate pipeline to which facilities constructed,
				  acquired, interconnected or abandoned pursuant to this regulation shall
				  connect.
C. All orders of the
				  commissioner establishing gas supply acquisition service areas or gas supply
				  transportation service areas shall be subject to the following limitations and
				  restrictions.
1. Location. A gas supply
				  acquisition service area or gas supply transportation service area shall be a
				  defined geographic area in which some or all of the applicant's existing
				  pipeline facilities are located.
2.
				  Size. Facilities constructed or acquired pursuant to this regulation shall not
				  exceed 42 inches nominal diameter pipe.
3. Duration. An order of the commissioner
				  establishing a gas supply acquisition service area or gas supply transportation
				  service area shall remain in effect until terminated or modified by subsequent
				  order of the commissioner.
4.
				  Facilities Not Subject to Jurisdiction of Commissioner. An order of the
				  commissioner shall not establish gas supply acquisition service areas or gas
				  supply transportation service areas in conjunction with facilities which are
				  not subject to the jurisdiction of the commissioner under the Act.
5. Notice and Prohibition of Proposed
				  Enlargement or Extension. Prior to abandoning, enlarging or extending its
				  facilities within a gas supply acquisition service area or gas supply
				  transportation service area, a transporter shall give the commissioner 20 days'
				  notice, on a form approved by the commissioner, of the location, size, nature
				  and purpose of the proposed abandonment, enlargement, or extension, or
				  interconnection. The notice shall be contemporaneously mailed to those persons
				  who are identified in the ad valorem tax records of the parish as the owners of
				  the land traversed by the proposed facility and to those who will be connected
				  or disconnected. Included in the notice to the interested parties shall be a
				  statement that objections to the application shall be made to the commissioner
				  within 20 days of the postmark date of the mailing of the notice. The
				  commissioner may, within such 20-day period, beginning on the date of receipt
				  of the written notice in the Office of Conservation, deny the application and
				  require the transporter to apply for an order to construct and operate the
				  proposed facilities pursuant to
				  §555.C of the Act. Upon
				  request by the transporter, the commissioner may notify the transporter orally
				  at the end of the 20-day period.
6.
				  Abandonment of Facilities. An order of the commissioner establishing a gas
				  supply acquisition service area or gas supply transportation service area shall
				  not permit a transporter to abandon all or any portion of its facilities
				  subject to the jurisdiction of the commissioner, or any service rendered by
				  means of such facilities, within such gas supply acquisition service area or
				  gas supply transportation service area.
7. Facilities Not Subject to Jurisdiction of
				  Commissioner. An order of the commissioner shall not establish gas supply
				  acquisition service areas or gas supply transportation service areas in
				  conjunction with facilities which are not subject to the jurisdiction of the
				  commissioner under the Act.
8.
				  Notice and Prohibition of Proposed Enlargement or Extension. Prior to enlarging
				  or extending its facilities within a gas supply acquisition service area or gas
				  supply transportation service area, a transporter shall give the commissioner
				  20 days notice, on a form approved by the commissioner, of the location, size,
				  nature and purpose of the proposed enlargement or extension. The notice shall
				  be contemporaneously mailed to those persons who are identified in the ad
				  valorem tax records of the parish as the owners of the land to be traversed by
				  the proposed facility with notice that objections to the proposed facility,
				  must be made to the commissioner, in writing, within 10 days of the date of the
				  notice. The commissioner may, within such 20-day period, beginning on the date
				  of receipt of the written notice in the Office of Conservation, prohibit the
				  proposed construction or acquisition under the order establishing the gas
				  supply acquisition service area or gas supply transportation service area and
				  require the transporter to apply for an order to construct and operate the
				  proposed facilities pursuant to
				  Section
				  555.C of the
				  Act. Upon request by the transporter, the commissioner may notify the
				  transporter verbally, to be immediately confirmed in writing prior to the end
				  of the 20-day notice period that he has no objection to the construction or
				  acquisition of the proposed facility and that the transporter may immediately
				  construct or acquire and operate the proposed facility.