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REGULATION
The availability of a ready market for oil
and natural gas production depends upon numerous factors beyond
the Company's control. These factors include regulation of oil and
natural gas production, federal and state regulations governing
environmental quality and pollution control, state limits on allowable
rates of production by well or proration unit, and the effects of
regulation on the amount of oil and natural gas available for sale,
the availability of adequate pipeline and other regulated transportation
and processing facilities and the marketing of competitive fuels.
For example, a productive natural gas well may be "shut-in" because
of an oversupply of natural gas or lack of an available natural
gas pipeline in the areas in which the Company may conduct operations.
State and federal regulations generally are intended to prevent
waste of oil and natural gas, protect rights to produce oil and
natural gas between owners in a common reservoir, control the amount
of oil and natural gas produced by assigning allowable rates of
production and control contamination of the environment. Pipelines
are subject to the jurisdiction of various federal, state and local
agencies. The Company is also subject to changing and extensive
tax laws, the effects of which cannot be predicted. The following
discussion summarizes the regulation of the United States oil and
gas industry. The Company believes that it is in substantial compliance
with the various statutes, rules, regulations and governmental orders
to which the Company's operations may be subject, although there
can be no assurance that this is or will remain the case. Moreover,
such statutes, rules, regulations and government orders may be changed
or reinterpreted from time to time in response to economic or political
conditions, and there can be no assurance that such changes or reinterpretations
will not materially adversely affect the Company's results of operations
and financial condition. The following discussion is not intended
to constitute a complete discussion of the various statutes, rules,
regulations and governmental orders to which the Company's operations
may be subject.
Regulation of
Oil and Natural Gas Exploration and Production. The Company's
operations are subject to various types of regulation at the federal,
state and local levels. Such regulation includes requiring permits
for the drilling of wells, maintaining bonding requirements in order
to drill or operate wells and regulating the location of wells,
the method of drilling and casing wells, the surface use and restoration
of properties upon which wells are drilled, the plugging and abandoning
of wells and the disposal of fluids used in connection with operations.
The Company's operations are also subject to various conservation
laws and regulations. These include the regulation of the size of
drilling and spacing units or proration units and the density of
wells that may be drilled in and the unitization or pooling of oil
and natural gas properties. In this regard, some states allow the
forced pooling or integration of tracts to facilitate exploration
while other states rely primarily or exclusively on voluntary pooling
of lands and leases. In areas where pooling is voluntary, it may
be more difficult to form units, and therefore more difficult to
develop a project if the operator owns less than 100% of the leasehold.
In addition, state conservation laws establish maximum rates of
production from oil and natural gas wells, generally prohibit the
venting or flaring of natural gas and impose certain requirements
regarding the ratability of production. The effect of these regulations
may limit the amount of oil and natural gas the Company can produce
from its wells and may limit the number of wells or the locations
at which the Company can drill. The regulatory burden on the oil
and natural gas industry increases the Company's costs of doing
business and, consequently, affects its profitability. Inasmuch
as such laws and regulations are frequently expanded, amended and
reinterpreted, the Company is unable to predict the future cost
or impact of complying with such regulations.
Regulation of Sales and Transportation
of Natural Gas. Federal legislation and regulatory controls
have historically affected the price of natural gas produced by
the Company and the manner in which such production is transported
and marketed. Under the Natural Gas Act of 1938, the Federal Energy
Regulatory Commission (the "FERC") regulates the interstate transportation
and the sale in interstate commerce for resale of natural gas. The
FERC's jurisdiction over interstate natural gas sales and transportation
was substantially modified by the Natural Gas Policy Act of 1978
(the "NGPA"), under which the FERC continued to regulate the maximum
selling prices of certain categories of natural gas sold in "first
sales" in interstate and intrastate commerce. Effective January
1, 1993, however, the Natural Gas Wellhead Decontrol Act (the "Decontrol
Act") deregulated natural gas prices for all "first sales" of natural
gas, including all sales by the Company of its own production. As
a result, all of the Company's domestically produced natural gas
may now be sold at market prices, subject to the terms of any private
contracts that may be in effect. The FERC's jurisdiction over interstate
natural gas transportation was not affected by the Decontrol Act.
The Company's natural gas sales are affected
by intrastate and interstate gas transportation regulation. Following
the passage by Congress of the NGPA, the FERC adopted a series of
regulatory changes that have significantly altered the transportation
and marketing of natural gas. Beginning with the adoption of "open
access" regulation in Order No. 436, issued in October 1985, these
changes were intended by the FERC to foster competition by, among
other things, transforming the role of interstate pipeline companies
from wholesale marketers of gas to the primary role of gas transporters.
Through similar orders affecting intrastate pipelines that provide
similar interstate services, the FERC expanded the impact of these
open access regulations to intrastate commerce.
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