(2)
The method by which the
Board shall make determination is as follows: .
(a) Applicants for determination shall file
on forms required by the F.E.R.C. and by the
Board in order to receive a
hearing. Forms required by the
Board are:
1.
Form CN-0211 (Application for Permit to Drill)
2. Form CN-0228 (Application to Amend Well
Permit)
3. Form CN-0237
(Application to Change Operators) if applicable
4. Form CN-0219 (Organization
Report)
5. Form CN-0221 (Well
History, Work Summary, and Completion or Recompletion Report)
6. Form R-DT-1 (Gas Well Deliverability
Tests)
7. Form CN-0244 (Monthly
Gatherer's and/or Transporter's Natural Gas Report)
8. Form No. TGP 102 (Application for New
Natural Gas Determination), TGP 103 (Application for New Production Well
Determination), TGP 107 (Application for High Cost Natural Gas Determination),
or TGP 108 (Application for Stripper Well Natural Gas Determination), whichever
is appropriate.
(b)
Notice of filing by applicants is required by the rules of the Board to be
given by applicants to identified purchases, as required by Section 274.201(e)
of the said Regulations of F.E.R.C. (paragraph (3) of Rule 0400-58-01-.03
).
(c) Public notice of the filing,
pending hearing, and pending determination of applications for determinations
shall be given by the Board at least ten (10) days prior to such hearing,
giving the date, time, and place of such hearing. Such public notice shall be
given by publication at least once in a newspaper of general circulation
published in Nashville, Knoxville, and Chattanooga.
(d) All such rules and regulations and orders
of the Board are required to be in writing, T.C.A. §
60-1-204(d).
Petitions shall be filed at least fifteen days prior to the hearing thereon.
When a proceeding is instituted, the Board assigns a docket number to the
application and records the fact and the dates of the filing of the application
in a docket book provided for such purpose (subparagraph (g) of this
paragraph). Testimony is recorded, transcribed, and preserved as a part of the
permanent record of the hearing. Any person testifying is required to do so
under oath; however, relevant unsworn statements, comments, and observations by
any interested person may be heard and considered by the Board and included in
the record. In matters where there are no objections of record, sworn
affidavits of witnesses may be received in evidence (Rule 0400-58-01-.04 ). The
relevancy of any testimony or other evidence is subject to challenge by any
party to the hearing or any member of the Board. When so interposed, such
objections are acted upon by the Chairman, his ruling being subject to
challenge and overturning by a majority vote of the Board.
(e) Full opportunity is afforded all
interested parties at a hearing to present evidence and to cross-examine
witness.
(f) The
Board maintains
data files which contain the records on each individual well in the State. Such
well records consist of the following:
1.
Application to Amend Well Permit (Form CN-0228). .
2. Application to Change Operators (Form
CN-0237).
3. Application for Permit
to Drill (Form CN-0211).
4. Gas
Well Deliverability Tests (Form R-DT-1).
5. Monthly Gatherer's and/or Transporter's
Natural Gas Report (Form CN-0244).
6. Organization Report (Form
CN-0219).
7. Plug and Abandon
Report (Form CN-0217).
8. Pressure
Maintenance and Secondary Recovery Questionnaire (Form CN-0141).
9. Transporter's and Storer's Monthly Report
for Crude Oil and/or Condensate (Form CN-0229).
10. Well History, Work Summary, and
Completion or Recompletion Report (Form CN-0221).
11. Application for New Natural Gas
Determination (Form TGP-102).
12.
Application for New Production Well Determination (Form TGP-103)
13. Application for High Cost Natural Gas
Well Determination (Form TGP-107).
14. Application for Stripper Well Natural Gas
Determination (Form TGP-108).
Further, the Board maintains a library of
drill cuttings, cores and logs from wells in the state. Records of the Board
include extensive geologic and engineering data, such as geologic structure,
isopach, and cross-section maps, production data, well potential test results,
bottom hole pressure surveys, fluid analyses, gas analyses, and other similar
data.
The Board maintains field or reservoir base maps and all
wells completed in or penetrating a reservoir are identified.
A
monthly activity report is published by the Board for all wells being drilled
or completed in the State and a monthly production report is available giving
monthly production from all producing wells in the State.
(g) Applications for
determinations shall be filed and assigned a docket number upon receipt. The
professional staff of the Board shall then study the application and data
submitted in conjunction with records of the Board as identified in
subparagraph (f) of this paragraph. Information contained in the application
shall be verified to the extent possible with information on file with the
Board. The staff of the Board includes professional engineers, geologists, and
attorneys, as well as other support staff. The application and relevant data
shall be considered and discussed in a joint meeting of the professional staff,
prior to the public hearing of the application before the Board. Requests for
clarification of data or for additional data may be made, where deemed
necessary by the staff. Unresolved questions may be asked of the applicant at
the hearing. .
(h) The initial
authority of the Board for making determination in accordance with the NGPA was
established by an emergency order of the Board, which was made at a scheduled
hearing under the Uniform Administrative Procedures
Act. This action was
properly advertised in accordance with the state law and Board rules.
After studying the application, all data submitted by the applicant, all
data available in the files of the Board, and hearing any additional evidence
submitted at the hearing, the staff of the Board shall make a recommendation to
the Board. Where there is no objection, evidence may be submitted by affidavit
without oral testimony. Regarding uncontested applications, the Board shall
hear them en masse and, where appropriate, grant the same by one order. A list
of applications recommended for approval shall be made available prior to the
hearing so that comments or objections may be expressed when the applications
are considered by the Board.
(i) The Board shall give written notice to
the F.E.R.C. of any change in the procedures described in these
rules.
