<?xml version='1.0' encoding='utf-8'?>
<chapter num="02" heading="Natural Gas Category Determination Under the Natural Gas Policy Act of 1978" title_num="26" subtitle_num="19">
  <regulation prefix="Regulation" num=".01" heading="Category Determination Application Procedures for the Applicant.">
    <paragraph num="A.">
      <text>A person seeking a determination that natural gas meets the requirements under the Natural Gas Policy Act of 1978, §102, 103, 107, or 108 (15 U.S.C. §§3312, 3313, 3317, and 3318) shall submit to the Department:</text>
      <paragraph num="(1)">
        <text>An original and two complete copies of an application, on forms provided by the Department, containing all the information required to be filed under 18 CFR 274;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>When an application for a category determination is sought for natural gas for which the applicant has an identified purchaser, a statement included in the application that the applicant has delivered or mailed a copy of the completed Federal Energy Regulatory Commission Form No. 121 to the purchaser;</text>
      </paragraph>
      <paragraph num="(3)">
        <text>A copy of a proposed notice of application that incorporates the requirements of §B of this regulation; and</text>
      </paragraph>
      <paragraph num="(4)">
        <text>Any additional information that the Department considers necessary after the Department's preliminary review of the application.</text>
      </paragraph>
    </paragraph>
    <paragraph num="B.">
      <text>Notification.</text>
      <paragraph num="(1)">
        <text>Upon receipt of Departmental notification that an application is complete, the applicant shall advertise at least once a week for 2 consecutive weeks in a:</text>
        <paragraph num="(a)">
          <text>Local newspaper of general circulation in the county where the operation is located; and</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Newspaper of general circulation Statewide.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(2)">
        <text>The advertisement in §B(1) of this regulation shall contain, at a minimum, the following information:</text>
        <paragraph num="(a)">
          <text>A heading of “Notice of Application for Natural Gas Category Determination” in bold-face type;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>The name and business address of the applicant, and the name and telephone number of an individual to whom questions regarding the application may be directed;</text>
        </paragraph>
        <paragraph num="(c)">
          <text>What category is being requested, and a summary of the economic impacts on the applicant, the purchaser, if applicable, and the consumer, if the application is approved; and</text>
        </paragraph>
        <paragraph num="(d)">
          <text>The name and address of the Department and a statement that:</text>
          <paragraph num="(i)">
            <text>A copy of the application is available for public inspection at the Department office,</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>Written comments or objections on the application may be submitted to the Department within 30 days from the date of the last advertisement, and</text>
          </paragraph>
          <paragraph num="(iii)">
            <text>A public hearing will be held on the application, if a request for a public hearing is submitted to the Department within 15 days of the publication date of the last advertisement.</text>
          </paragraph>
        </paragraph>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".02" heading="Category Determination Application Review by the Department.">
    <paragraph num="A.">
      <text>The Department shall conduct a detailed review of the application and all other factors relevant to a natural gas category determination under State and federal law.</text>
    </paragraph>
    <paragraph num="B.">
      <text>If a public hearing is requested, the Department shall notify the applicant in writing of the date, time, and location of the hearing.</text>
    </paragraph>
    <paragraph num="C.">
      <text>Within 5 working days of the Department's notification under §B of this regulation, the Department shall provide general notice, at the applicant's expense, of the public hearing as follows:</text>
      <paragraph num="(1)">
        <text>The owner of surface rights and the owner of oil and gas rights on the tract of land where the well is located, and the purchasers, if applicable, as identified by the applicant, shall be notified in writing of the date, time, and location of the hearing;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>A person who commented on or objected to the application shall be notified in writing of the date, time, and location of the hearing so that the person may attend and present their views either orally or in writing;</text>
      </paragraph>
      <paragraph num="(3)">
        <text>An advertisement shall be placed in a newspaper of general circulation in the county where the operation is located, and in a newspaper of general circulation Statewide, once a week for 2 consecutive weeks, ending not less than 15 days before the date of the hearing, stating the date, time, and location of the hearing;</text>
      </paragraph>
      <paragraph num="(4)">
        <text>A notice of the public hearing containing all pertinent information shall be placed in the Maryland Register.</text>
      </paragraph>
    </paragraph>
    <paragraph num="D.">
      <text>A public hearing shall be held following the procedures established in COMAR 26.01.07.</text>
    </paragraph>
    <paragraph num="E.">
      <text>The Department shall provide notice of a natural gas determination to the Federal Energy Regulatory Commission within 15 days after the Department's final decision.</text>
    </paragraph>
  </regulation>
  <annotations>
    <annotation type="Authority">Environment Article, §14-103, Annotated Code of Maryland</annotation>
    <annotation type="History" subtype="Administrative History">Effective date: November 25, 1991 (18:23 Md. R. 2487)</annotation>
    <annotation type="History" subtype="Administrative History">Chapter recodified from COMAR 08.10.02 to COMAR 26.19.02, June 1996</annotation>
  </annotations>
</chapter>