La. Admin. Code tit. 43 § XI-505

Current through Register Vol. 50, No. 11, November 20, 2024

Section XI-505 - Transportation of Intrastate Natural Gas, Coal or Lignite and the Construction, Extension, Acquisition, and Operation of Facilities or Extension Thereof Pursuant to Provisions of sections 555.C and 722 of the Act (Formerly section 125)

A. This regulation shall apply to the requirements placed by Sections 555.C of the Act upon a person relative to the transportation of intrastate natural gas, coal or lignite, and the construction, extension, acquisition and operation of facilities or extensions thereof.

B. All applications by a person required to be filed with the commissioner of conservation pursuant to the provisions of Sections 555.C of the Act shall be in writing, verified under oath by an individual having authority to execute same, shall be in the form approved by the commissioner, and shall contain the following information:

1. the exact legal name of the applicant; its principal place of business; whether an individual, partnership, corporation or otherwise; the state under the laws of which applicant was organized or authorized; if a corporation, a certificate of good standing and authorization to do business from the secretary of state of Louisiana, the location and the mailing address of applicant's registered office, the name and post office address of each registered agent in Louisiana, and the names and addresses of all its directors and principal officers; if a partnership or other similar organization, the names and addresses of its partners of record, officer or other responsible parties of record; applicant's current financial statement or such other information which may be submitted by the applicant and accepted by the commissioner concerning the ability of the applicant to construct, acquire, or operate the proposed facility or extension thereof; and the name, title and mailing address of the person or persons to whom communications concerning the application are to be addressed;

2. the nature of the service rendered by applicant (industrial sale, sale for resale, transportation or other of gas, coal or lignite);

3. a concise description of applicant's existing operations;

4. a table of contents which shall list all exhibits and documents filed with the application;

5. a map(s), of its pipeline system(s), which shall reflect the location and capacity of all compressor sites, all points of connection between such system(s) and pipelines, or pipeline system(s) of other persons, the date of such connections, and all major points of supply;

6. a listing of applicant's gas, coal or lignite sales contracts and gas, coal or lignite transportation contracts within the state of Louisiana on prescribed forms containing the following data:

a. parties: seller, purchaser, owner, transporter;

b. date of contract;

c. term of contract;

d. quantities of gas, coal or lignite:

i. maximum daily quantity seller is obligated to deliver: MCF/Day, MMBTU/Day or TON/Day;

ii. minimum daily quantity purchaser is obligated to receive: MCF/Day, MMBTU/Day or TON/Day;

iii. measurement-pressure base;

iv. service-firm or interruptible;

v. 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 for resale, transportation or other);

f. points of delivery;

g. delivery pressures: minimum, maximum;

h. price;

7. a listing of the location of interconnects between applicant's pipeline system(s) and pipeline or pipeline system(s) of other persons.

C. Subsequent filings may be required by the commissioner to complete an evaluation of each pipeline system for the purposes of Sections 555.C or other Sections of the Act.

1. A person authorized to operate as an intrastate natural gas or coal slurry transporter may incorporate the information required to be filed under Paragraphs B.1, 3, 5, 6 and 7 of this regulation by reference to prior hearing evidence, presented to the commissioner, specifically identifying such prior evidence and the items to be incorporated therefrom.

D. All applications filed shall be noticed on interested parties, and all hearings required under Section 555.C of the Act shall be in accordance with the rules of procedure of the commissioner. Interested parties shall be as follows:

1. where a new supply of gas, coal or lignite from a producing field(s) or mine in Louisiana is to be connected by a new pipeline, the interested parties shall be:

a. the owner(s) of the proposed new pipeline;

b. the owner(s) of an existing pipeline (if different from owner(s) of proposed new pipeline), if any, to which the proposed new pipeline is to be connected;

c. each seller and each purchaser to the contract or contracts covering the new supply of gas, coal or lignite to be connected, or in the case of gas, coal or lignite to be transported or exchanged, the parties from whom the gas, coal or lignite is to be received, and the parties to whom the gas, coal or lignite is to be delivered;

d. owner(s) of the land to be traversed by the proposed pipeline in Louisiana;

2. where a new pipeline customer(s) is to be connected, the interested parties shall be:

a. the owner(s) of the proposed new pipeline;

b. the owner(s) of an existing pipeline, if any, (if different from the owner or owners of the proposed new pipeline) to which the proposed new pipeline is to be connected and from which pipeline gas, coal or lignite will flow to the proposed new pipeline;

c. each seller and each purchaser to the contract(s) under which gas, coal or lignite delivered by the new pipeline is to be sold in Louisiana, or in the case of gas, coal or lignite to be transported or exchanged in Louisiana, each party to each transportation or exchange agreement;

d. owner(s) of the land to be traversed by the proposed pipeline.

E. The commissioner, upon proper showing, shall issue his order in accordance with the application submitted. Provided, however, the order shall expire on its first anniversary date if construction of facilities authorized by said order has not commenced. The commissioner may, upon written request and for good cause shown, extend the expiration date of said order. The commissioner shall be given timely written notice when the construction authorized under this regulation is completed.

F. The commissioner may issue, upon application by a person(s) a temporary order in cases of emergency without notice or hearing pending the application for a permanent order, all in accordance with the rules of procedure of the commissioner.

G. Each transporter shall annually file by April 1 an updated map of its intrastate natural or coal slurry gas pipeline facilities depicting the location and size of all compressors, all points of connection between such facilities and pipelines of other persons, all major points of supply, and the nominal size of all lines. If none of the above data has changed during the previous year, the applicant shall so notify the commissioner in writing by April 1.

La. Admin. Code tit. 43, § XI-505

Promulgated by the Department of Natural Resources, Office of Conservation, LR 4:80 (March 1978), amended LR 7:80 (March 1981), LR 12:600 (September 1986), Repromulgated LR 49279 (2/1/2023).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:501-599, 601-606.