- 7 - produced from property qualifying both as a tight formation and Devonian shale, at a rate of $3, indexed as provided in the first sentence of section 29(b)(2). Since the latter amount is larger than the former, respondent’s position, in effect, is that S/V is entitled to a credit based on only 16,927 BOE’s. We agree and disagree in part with both parties. A. Credit for the 15,483 BOE’s of Natural Gas S/V Produced From a Tight Formation That Was Not Devonian Shale S/V produced 15,483 BOE’s of natural gas from a tight formation which was not Devonian shale. Section 29(b)(2) (second sentence) provides that the $3 credit is not indexed for natural gas produced from a tight formation. Thus, S/V is entitled to a credit of $3 per BOE on the 15,483 BOE’s of natural gas it produced from a tight formation that was not Devonian shale. B. Credit for the 16,927 BOE’s of Natural Gas S/V Produced From Both a Tight Formation and Devonian Shale 1. Section 29 S/V produced 16,927 BOE’s of fuel from a tight formation that was also Devonian shale. Section 29(a) limits the credit for producing fuel from a nonconventional source to a fixed dollar amount per BOE. Section 29(d)(5) defines a BOE of fuel as fuel with Btu content of 5.8 million. The Senate committee report accompanying enactment of section 29 also clearly limits the credit to $3 per barrel of oilPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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