[Code of Federal Regulations]
[Title 18, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 18CFR270.303]

[Page 711]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 270_DETERMINATION PROCEDURES--Table of Contents
 
     Subpart C_Requirements for Filings With Jurisdictional Agencies
 
Sec. 270.303  Natural gas produced from Devonian shale.

    A person seeking a determination that natural gas is produced from 
Devonian shale shall file an application with the jurisdictional agency 
which contains the following items:
    (a) FERC Form No. 121;
    (b) All well completion reports;
    (c) A gamma ray log with superimposed indications of the shale base 
line and the gamma ray index of 0.7 over the Devonian age stratigraphic 
section designated pursuant to Sec. 270.101(b)(8);
    (d) A reference to a standard stratigraphic chart or text 
establishing that the producing interval is a shale of Devonian age; and
    (e) A sworn statement:
    (1) Calculating the percentage of footage of the producing interval 
which is not Devonian shale as indicated by a Gamma ray index of less 
than 0.7;
    (2) Demonstrating that the percentage of potentially disqualifying 
non-shale footage for the stratigraphic section selected is equal to or 
less than 5 percent of the Devonian stratigraphic age interval 
designated pursuant to Sec. 270.101(b)(7);
    (3) Attesting that the natural gas is being produced from Devonian 
shale through:
    (i) A well the surface drilling of which began after December 31, 
1979, but before January 1, 1993;
    (ii) A recompletion commenced after January 1, 1993, in a well the 
surface drilling of which began after December 31, 1979, but before 
January 1, 1993; or
    (iii) A recompletion that was commenced after December 31, 1979 but 
before January 1, 1993, where such gas could not have been produced from 
any completion location in existence in the well bore before January 1, 
1980; and
    (4) Attesting that the applicant has no knowledge of any information 
not described in the application which is inconsistent with his 
conclusion.