Section 0400-58-01-.10 - METHOD OF DETERMINATIONS(1) The Board hereby certifies that it shall take such steps as are reasonably necessary or appropriate to perform its function in accordance with Part 214 of the implementing rules of F.E.R.C.(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 applicable4. 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.Tenn. Comp. R. & Regs. 0400-58-01-.10
Original rule filed March 20, 2013; effective June 18, 2013.Authority: T.C.A §§ 60-1-105, 60-1-201 et seq., and 4-5-201 et seq.; Natural Gas Policy Act of 1978, Public Law No. 95-621, 92 Stat. 3350 (November 9, 1978).