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authority (local authority) recommended that a field be
designated as a tight formation.8 Second, FERC could affirm,
reverse, remand, issue a preliminary finding, or take no action
on the local authority's recommendation. If no action was taken
by FERC, the local authority's recommendation became final 45
days after receipt of the recommendation by FERC. If FERC issued
preliminary findings but failed to take further action, the local
authority's recommendation became final 120 days after the date
FERC's preliminary finding was issued. The third procedural step
permitted an interested producer to petition the local authority
for its recommendation that a particular well within the
designated tight formation field should be classified as a tight
formation well. Fourth, FERC could affirm, reverse, remand,
issue a preliminary finding, or take no action on the local
authority's recommendation with respect to a specific well. As
in step 2, the local authority's individual tight formation well
recommendation became final 45 days from the date FERC received
the recommendation unless FERC issued a preliminary finding. In
the event that FERC issued a preliminary finding, FERC had 120
days from the preliminary finding to take further action or the
8 NGPA sec. 503, 15 U.S.C. sec. 3413(c)(1), defines the
local regulatory authority as the "Federal or State agency having
regulatory jurisdiction with respect to the production of natural
gas."
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Last modified: May 25, 2011