[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: 18CFR270.306]

[Page 713-714]
 
           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. 270.306  Devonian shale wells in Michigan.

    A person seeking a determination that natural gas is being produced 
from the Devonian Age Antrim shale in Michigan shall file an application 
that contains the following items:
    (a) FERC Form No. 121;
    (b) All well completion reports;
    (c) A gamma ray log from the closest available well bore (producing 
or dry hole) that is within a one mile radius of the well for which a 
determination is sought, with superimposed indications of:
    (1) The shale base line and the gamma ray index of 0.7 over the 
Devonian age stratigraphic section penetrated by the well bore; and
    (2) The boundary between the Antrim shale and the overlying 
formation (Berea Sandstone, Ellsworth, Bedford, or Sunbury shales, or 
their equivalents);
    (d) A location plat showing the well for which the determination is 
sought and the well for which a gamma ray log has been filed;
    (e) A mud log from the well for which the determination is sought, 
with a detailed description of samples taken from 10-foot, or less, 
intervals through-out the Devonian age stratigraphic section penetrated 
by the well bore;
    (f) A driller's log, or similar report, from the well for which the 
determination is sought, indicating the general characteristics of the 
strata penetrated and the corresponding depths at which they are 
encountered throughout the Devonian age stratigraphic section penetrated 
by the well bore;
    (g) A reference to a standard stratigraphic chart or text 
establishing that the producing interval is a shale of Devonian age; and
    (h) A sworn statement:
    (1) Calculating the percentage of footage of the producing interval 
(or the Antrim Shale in the event the well is a dry hole) in the well 
for which a gamma ray log was submitted which is not Devonian shall 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 Devonian age stratigraphic section penetrated 
by the well bore for which the submitted gamma ray log is equal to or 
less than 5 percent;
    (3) Attesting that the natural gas is being produced from the 
Devonian Age Antrim 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

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completion location in existence in the well bore before January 1, 1980 
and
    (4) Attesting the applicant has no knowledge of any information not 
described in the application which is inconsistent with his conclusion.