La. Admin. Code tit. 43 § I-303

Current through Register Vol. 50, No. 9, September 20, 2024

Section I-303 - Applications

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

B. An application shall contain the following general information:

1. a brief summary of the entire application suitable for use by the secretary in giving the notices required by the rules and regulations;

2. the name, address, citizenship, and telephone number of the applicant;

3. the names and addresses of the officers of the applicant;

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

5. 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;

6. 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.

C. An application shall contain a description of the proposed support facility and the service it will render.

D. An application, based upon facts available at the time of the application, shall contain an analysis of:

1. the extent to which the construction and/or operation of the proposed support 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, wharves, docks, electricity, water, and sewage facilities, flood protection, police and fire protection, and other physical and social services;

2. an estimate as to the direct and indirect economic, environmental, and administrative costs attributable to the construction and operation of the proposed support facilities;

3. the areas and facilities to be served by the proposed support facilities with specific data as to amounts and types of coal or other alternate fuel to be transported to, and/or refined or used at, each projected destination on an annual basis;

4. all relevant facts showing the extent to which proposed support facilities will contribute to the maintenance and/or development of energy-using industries in Louisiana and to the availability of the products of those industries to Louisiana consumers and industries;

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

6. the projected temporary and permanent demographic effect of the construction and operation of the proposed support facilities;

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

E. An application shall contain a statement by the applicant that he will comply with any reasonable conditions the secretary may prescribe in accordance with the provisions of the Act or the secretary's rules and regulations, with such reasonable conditions to be contained in the license.

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

G. Each applicant shall pay to the secretary such application processing fees as provided elsewhere in these rules and regulations.

H. Ten copies of an application shall be filed with the secretary. After the filing of an application, the secretary shall determine, as promptly as reasonably possible, whether or not such application contains all of the information required by these rules and regulations.

I. If the secretary determines that an application appears to contain the information required by these rules and regulations, he shall publish notice of the filing of the application and a summary of the application immediately in the official journal of the state of Louisiana. A copy of the notice and summary shall also be mailed to all interested persons who have made written request of the secretary for such information.

J. If the secretary determines that all the required information is not contained in the application, the secretary shall promptly notify the applicant of such deficiencies in writing and require that the deficiencies be corrected within a certain period of time or the application will be denied for failure to do so.

K. The secretary may hold such investigatory or adjudicatory hearings as he deems necessary for a proper review and consideration of an application.

L. At any time during an application proceeding, the secretary may require an applicant to submit such additional information as the secretary deems necessary in order to meet the requirements of these rules and regulations and other applicable law, and to enable the secretary to carry out his responsibilities thereunder.

M. An application may be amended or withdrawn at any time before the secretary renders a final decision thereon, by submitting 10 copies of the amendment, or a written request for withdrawal, to the secretary. If information in an application becomes inaccurate or incomplete after it is filed but before a final decision is rendered on the application, the applicant shall promptly furnish the correct or additional information.

N. Unless the context clearly indicates otherwise, all information required to be furnished by this Section shall cover the term of a license. All projections and estimates required by this Section shall be uniformly expressed and shall be estimated in accordance with the best available procedures.

La. Admin. Code tit. 43, § I-303

Promulgated by the Department of Natural Resources, Office of the Secretary, LR 5:359 (November 1979).

AUTHORITY NOTE: Promulgated in accordance with R.S. 51:1603.