La. Admin. Code tit. 43 § XI-509

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

Section XI-509 - Requirements for Connections Pursuant to sections 555.H and 722 of the Act and Louisiana Constitution 1974

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.

B. Except as provided otherwise in Section 513, no order, ruling or finding may be made or other action taken with respect to this regulation 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 Administrative Procedure Act, as amended (R.S. 49:951-968).

C. Public interest does not require the issuance of an order authorizing any action taken by an intrastate natural gas or coal slurry transporter which would be covered by the provisions of Sections 555.H of the Act where imminent danger of life and property can be eliminated by such action. Provided, however, that every person undertaking such action shall so advise the commissioner immediately by telegram stating briefly the circumstances and shall within 10 days file a statement in writing and under oath, together with four conformed copies thereof, setting forth the purpose and character of the action, the facts warranting invocation of this Section, and the anticipated period of the stated emergency. Emergency operations undertaken without an order pursuant to this Section shall be discontinued upon the expiration of the emergency or as otherwise ordered by the commissioner. All facilities installed for such temporary action shall be promptly removed after expiration of the exempt period of operation. Every person shall advise the commissioner in writing and under oath within 10 days following the removal of facilities constructed for emergency operations that such removal of facilities has been completed pursuant to this Section. Every person undertaking any such action pursuant to this Section desiring to continue such action shall file an application with the commissioner prior to the expiration of the exempt period provided herein.

D. The commissioner may issue, upon application by a person(s) a temporary order for the connection of intrastate facilities 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.

E. Interested parties for the purpose of this regulation shall be owners and operators of the pipeline concerned and the owners and operators of all other pipelines to which either of the pipelines concerned are already connected. If the commissioner determines in connection with any application under §555.H or §722 that a pipeline or pipelines other than defined immediately above may be an interested party, he may direct the applicant to serve notice of its application to such other pipeline or pipelines.

F. This regulation shall not apply to any coal slurry transporter, the operations of which are then being regulated by a federal agency.

La. Admin. Code tit. 43, § XI-509

Promulgated by the Department of Natural Resources, Office of Conservation, LR 4:81 (March 1978), amended LR 7:84 (March 1981), LR 12:601 (September 1986), Repromulgated LR 49281 (2/1/2023), Amended LR 49903 (5/1/2023).

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