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if any, such proposals might have on the
Company. Similarly, and despite the trend toward federal deregulation
of the natural gas industry, whether or to what extent that trend
will continue, or what the ultimate effect will be on the Company's
sales of gas, cannot be predicted.
The Company owns certain
natural gas pipelines that it believes meet the standards the
FERC has used to establish a pipeline's status as a gatherer not
subject to FERC jurisdiction under the NGA. State regulation of
gathering facilities generally includes various safety, environmental,
and in some circumstances, nondiscriminatory take requirements,
but does not generally entail rate regulation. Natural gas gathering
may receive greater regulatory scrutiny at both state and federal
levels in the post-Order No. 636 environment.
Oil Price Controls
and Transportation Rates. Sales of crude oil, condensate and
gas liquids by the Company are not currently regulated and are
made at market prices. The price the Company receives from the
sale of these products may be affected by the cost of transporting
the products to market. Much of that transportation is through
interstate common carrier pipelines. Effective as of January 1,
1995, the FERC implemented regulations generally grandfathering
all previously approved interstate transportation rates and establishing
an indexing system for those rates by which adjustments are made
annually based on the rate of inflation, subject to certain conditions
and limitations. These regulations may tend to increase the cost
of transporting oil and natural gas liquids by interstate pipeline,
although the annual adjustments may result in decreased rates
in a given year. These regulations have generally been approved
on judicial review. Every five years, the FERC must examine the
relationship between the annual change in the applicable index
and the actual cost changes experienced in the oil pipeline industry.
The first such review was completed in 2000 and on December 14,
2000, FERC reaffirmed the current index. The Company is not able
at this time to predict the effects of these regulations, if any,
on the transportation costs associated with oil production from
the Company's oil producing operations.
Environmental Regulations.
The Company's operations are subject to numerous federal, state
and local laws and regulations governing the discharge of materials
into the environment or otherwise relating to environmental protection.
These laws and regulations may require the acquisition of a permit
before drilling commences, restrict the types, quantities and
concentration of various substances that can be released into
the environment in connection with drilling and production activities,
limit or prohibit drilling activities on certain lands within
wilderness, wetlands and other protected areas, require remedial
measures to mitigate pollution from former operations, such as
pit closure and plugging abandoned wells, and impose substantial
liabilities for pollution resulting from production and drilling
operations. Public interest in the protection of the environment
has increased dramatically in recent years. The trend of more
expansive and stricter environmental legislation and regulations
applied to the oil and natural gas industry could continue, resulting
in increased costs of doing business and consequently affecting
profitability. To the extent laws are enacted or other governmental
action is taken that restricts drilling or imposes more stringent
and costly waste handling, disposal and cleanup requirements,
the business and prospects of the Company could be adversely affected.
The Company generates
wastes that may be subject to the federal Resource Conservation
and Recovery Act ("RCRA") and comparable state statutes. The U.S.
Environmental Protection Agency ("EPA") and various state agencies
have limited the approved methods of disposal for certain hazardous
and nonhazardous wastes. Furthermore, certain wastes generated
by the Company's oil and natural gas operations that are currently
exempt from treatment as "hazardous wastes" may in the future
be designated as "hazardous wastes," and therefore be subject
to more rigorous and costly operating and disposal requirements.
The Company currently
owns or leases numerous properties that for many years have been
used for the exploration and production of oil and gas. Although
the Company believes that it has used good operating and waste
disposal practices, prior owners and operators of these properties
may not have used similar practices, and hydrocarbons or other
wastes may have been disposed of or released on or under the properties
owned or leased by the Company or on or under locations where
such wastes have been taken for disposal. In addition, many of
these properties have been operated by third parties whose treatment
and disposal or release of hydrocarbons or other wastes was not
under the Company's control. These properties and the wastes disposed
thereon may be subject to the Comprehensive Environmental Response,
Compensation and Liability Act ("CERCLA"), RCRA and analogous
state laws as well as state laws governing the management of oil
and gas wastes. Under such laws, the Company could be required
to remove or remediate previously disposed wastes (including wastes
disposed of or released by prior owners or operators) or property
contamination (including groundwater contamination) or to perform
remedial plugging operations to prevent future contamination.
CERCLA, also known as
the "Superfund" law, and similar state laws impose liability,
without regard to fault or the legality of the original conduct,
on certain classes of persons that are considered to have contributed
to the release of a "hazardous substance" into the environment.
These persons include the owner or operator of the disposal site
or sites where the release occurred and companies that disposed
or arranged for the disposal of the hazardous substances found
at the site. Persons who are or were responsible for releases
of hazardous substances under CERCLA may be subject to joint and
several liability for the costs of cleaning up the hazardous substances
that have been released into the environment, for damages to natural
resources and for the costs of certain health studies, and it
is not uncommon for neighboring landowners and other third parties
to file claims for personal injury and property damage allegedly
caused by the hazardous substances released into the environment.
The Company's operations
may be subject to the Clean Air Act ("CAA") and comparable state
and local requirements.
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