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Louisiana Revised Statutes Tit. 45, § 251. Definitions

Current as of January 01, 2023 | Updated by Findlaw Staff

As used in this Chapter, the following terms have the meaning ascribed to them in this Section, unless the context clearly indicates otherwise:

(1) “Common carrier” includes all persons engaged in the transportation of petroleum as public utilities and common carriers for hire; or which on proper showing may be legally held a common carrier from the nature of the business conducted, or from the manner in which such business is carried on.

(2) “Petroleum” means crude petroleum, crude petroleum products, distillate, condensate, liquefied petroleum gas, any hydrocarbon in a liquid state, any product in a liquid state which is derived in whole or in part from any hydrocarbon, and any mixture or mixtures thereof; provided, however, that such term shall not include methanol synthetically produced from coal, lignite, or petroleum coke.

(3)(a) “Pipe line” includes the following:

(i) The real estate, rights of way, pipe in line, telephone and telegraph lines or other communications systems, tank facilities as herein designated, necessary or integral to the pipe line transportation function and necessary for the proper conduct of the subject common carrier's business as a common carrier.

(ii) All fixtures, equipment, and personal property of every kind owned, controlled, operated, used, or managed, in connection with, or to facilitate the transportation, distribution, and delivery of petroleum through lines constructed of pipe.

(b) “Pipe line” does not include the following:

(i) Pipes designed and used solely within a terminal facility for terminaling services, including pipes delivering petroleum into or extracting petroleum from tanks used for terminaling services, intra-terminal transfer lines, metering facilities associated with such terminaling services, tanks designed and used for terminaling services, and truck unloading facilities.

(ii) Any property of an entity that does not otherwise meet the definition of common carrier.

(4) “Secretarial review” means a review by the secretary of the Department of Conservation and Energy pursuant to R.S. 45:252. The secretary shall simultaneously consider all of the following:

(a) Connectivity.

(b) Necessity.

(c) Physical placement.

(d) Past and present ownership, including changes in corporate structure.

(e) Regulatory history, including prior determinations or orders by any relevant agency.

(f) Operational characteristics, including but not limited to product type or alternative routes.

(g) Whether the property is truly necessary or integral to the pipeline transportation function and necessary for the proper conduct of the business.

(h) Any indication that the property or its owner does not meet the statutory definition of a common carrier.

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Cite this article: FindLaw.com - Louisiana Revised Statutes Tit. 45, § 251. Definitions - last updated January 01, 2023 | https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-45-sect-251/

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