La. Admin. Code tit. 70 § VII-107

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

Section VII-107 - Applications

A. General. No person shall construct or operate, or cause to be constructed or operated, offshore terminal facilities within the jurisdiction of the authority without first filing an application and obtaining a license from the authority pursuant to the provisions of these rules and regulations.

B. Contents of Application

1. An application shall contain the following general information:

a. a brief summary of the entire application suitable for use by the authority in giving the notices required by Section V(A)(3) of these rules and regulations;

b. the name, address, citizenship and telephone number of the applicant and of each person having an ownership interest in the applicant;

c. the ownership interest of each person having an interest in the applicant. A description of the agreements establishing such interest shall be included in the application;

d. the name, address, citizenship and telephone number of any person owning a controlling interest in any person having an ownership interest in the applicant;

e. the name and address of the person designated by the applicant to receive formal notices or documents;

f. a statement at the end of the application, subscribed and sworn to before a notary public, that the person who signs the application represents that he is authorized and empowered to sign the application on behalf of the applicant and that the contents of the application are true;

g. if the applicant is a corporation, a copy of the applicant's charter or certificate and articles of incorporation certified by the appropriate official of the state of incorporation.

2. An application shall contain the following information relating to the financial responsibility of the applicant:

a. the applicant's most recent certified financial statements;

b. the most recent certified financial statements of each person having an ownership interest in the applicant;

c. estimates of the minimum annual dry bulk cargo throughput required for the proposed offshore terminal facilities to break even financially. Throughput required to break even financially means the throughput required to cover operating, debt retirement and other costs, but shall not include throughput required to provide a reasonable return on investment;

d. an estimate of capital expenditures and operating costs, tariffs, and projected. Revenue based on estimated dry bulk cargo throughput;

e. plans for financing capital expenditures and operating costs, including sources of financing, and the type, amount and percentage of equity, short-term and long-term financing;

f. a general projection of the use of the proposed offshore terminal facilities during the anticipated life of the project;

g. a description of any guarantees, options, nominations, agreements, commitments or representations by specific companies which are relied upon in determining that the proposed offshore terminal facilities will be economically viable at all times.

3. An application shall contain an analysis of:

a. the extent to which the construction and/or operation of the proposed offshore terminal facilities may increase the demand on the state of Louisiana and its political subdivisions for public services and facilities, including, but not limited to, schools, parks, transportation facilities, wharfs, docks, electricity, water, and sewerage facilities, flood protection, police and fire protection, and other physical and social services;

b. an estimate as to the direct and indirect economic, environmental and administrative costs attributable to the construction and operation of the proposed offshore terminal facilities. An application shall contain a separate analysis of the nature and amount of each of such costs which pertain to the state and its political subdivisions;

c. all relevant facts showing the extent to which the construction and operation of the proposed offshore terminal facilities will contribute to increased employment and employment benefits in Louisiana;

d. the projected temporary and permanent demographic effect of the construction and operation of the proposed offshore terminal facilities;

e. the projected demand for support services related to the proposed offshore terminal facilities, with emphasis on the duration and location of such services. Support services as used in these rules and regulations include, but are not limited to skilled and unskilled labor, boat services, contractors, fabricators, engineering and other professional consultants, suppliers, divers, surveyors and repair and maintenance services and personnel and living accommodations.

4. An application shall contain all pertinent information with respect to dry bulk cargoes as required by the Environmental Protection Plan.

5. An application shall contain a statement by the applicant that:

a. there will be no substantial changes from the plans, operational system, and methods, procedures and safeguards set forth in the operations manual; and

b. he will comply with all reasonable conditions the authority may prescribe in accordance with the provisions of the Act or the authority's rules and regulations.

6. An applicant shall designate those portions of any information submitted to the authority as part of an application, which concern or relate to trade secrets or which are by nature confidential.

7. An applicant shall:

a. furnish the authority, as part of an application, a listing or description of all studies, reports and analyses performed by or on behalf of the applicant which were used by the applicant in preparing an application; and

b. make such studies, reports and analyses available to the authority upon request.

La. Admin. Code tit. 70, § VII-107

Promulgated by the Department of Transportation and Development, Office of Highways, LR 9:424 (June 1983), Amended by the Department of Transportation and Development, Offshore Terminal Authority, LR 431986 (10/1/2017).

AUTHORITY NOTE: Promulgated in accordance with R.S. 34:3101 et seq.