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Our operations are also subject
to various conservation laws and regulations. These regulations
govern the size of drilling and spacing units or proration units,
the density of wells that may be drilled in natural gas and oil
properties and the unitization or pooling of natural gas and oil
properties. In this regard, some states (including Louisiana) allow
the forced pooling or integration of tracts to facilitate exploration
while other states (including Texas) rely primarily or exclusively
on voluntarypooling of lands and leases. In areas where pooling
is primarily or exclusively 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,
stateconservation laws establish maximum rates of production from
natural gas and oil wells, generally prohibit the venting or flaring
of natural gas and impose specified requirements regarding the ratability
of production. The effect of these regulations may limit the amount
of natural gas and oil we can produce from our wells and may limit
the number of wells or the locations at which we can drill. The
regulatory burden on the natural gas and oil industry increases
our costs of doing business and, consequently, affects our profitability.
Because these laws and regulations are frequently expanded, amended
and reinterpreted, we are 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 we
produce and the manner in which our production is transported and
marketed. Under the Natural Gas Act of 1938 (NGA), the
Federal Energy Regulatory Commission (FERC) regulates
the interstate transportation and the sale in interstate commerce
for resale of natural gas. Effective January 1, 1993, the Natural
Gas Wellhead Decontrol Act (the Decontrol Act) deregulated
natural gas prices for all first sales of natural gas,
including all of our sales of our own production. As a result, all
of our domesticallyproduced natural gas may now be sold at market
prices, subject to the terms of any private contracts that may be
in effect. TheFERCs jurisdiction over interstate natural gas
transportation, however, was not affected by the Decontrol Act.
Under the NGA, facilities
used in the production or gathering of natural gas are exempt from
the FERCs jurisdiction. We own certain natural gas pipelines
that we believe satisfy the FERCs criteria for establishing
that these are all gathering facilities not subject to FERC jurisdiction
under the NGA. State regulation of gathering facilities generally
includes varioussafety, environmental, and in some circumstances,
nondiscriminatory take requirements but does not generally entail
rate regulation.
Although we therefore do
not own or operate any pipelines or facilities that are directly
regulated by the FERC, its regulations of third-party pipelines
and facilities could indirectly affect our ability to market our
production. Beginning in the 1980s the FERC initiated a series of
major restructuring orders that required pipelines, among other
things, to perform open access transportation, unbundle
their sales and transportation functions, and allow shippers to
release their pipeline capacityto other shippers. As a result of
these changes, sellers and buyers of natural gas have gained direct
access to the particularpipeline services they need and are better
able to conduct business with a larger number of counterparties.
We believe these changes generally have improved our access to markets
while, at the same time, substantially increasing competition in
the natural gas marketplace. It remains to be seen, however, what
effect the FERCs other activities will have on access to markets,
the fostering of competition and the cost of doing business. We
cannot predict what new or different regulations the FERC and other
regulatory agencies may adopt, or what effect subsequent regulations
may have on our activities.
In the past, Congress has
been very active in the area of natural gas regulation. However,
the more recent trend has been in favor of deregulation or lighter
handed regulation and the promotion of competition in the
gas industry. In light of this increased reliance on competition,
the Energy Policy Act of 2005 amended the NGA to prohibit any forms
of market manipulation in connection with the transportation, purchase
or sale of natural gas. In addition to the regulations implementing
these prohibitions, the FERC has established new regulations that
are intended to increase natural gas pricing transparency through,
among other things, expanded dissemination of information about
the availability and prices of gas sold, and has proposed new regulations
that would require both interstate pipelines and certain non-interstate
pipelines to post dailyinformation regarding their capacity, scheduled
flow volumes, and actual flow volumes at certain points on their
systems. The Energy Policy Act of 2005 also significantly increases
the penalties for violations of the NGA to up to $1 million per
day for each violation. There regularly are other legislative proposals
pending in the federal and state legislatures which, if enacted,
would significantly affect the petroleum industry. At the present
time, it is impossible to predict what proposals, if any, might
actually be enacted by Congress or the various state legislatures
and what effect, if any, such proposals might have on us. 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 our sales of gas, cannot
be predicted.
Oil Price Controls and Transportation
Rates
Our sales of oil, condensate
and natural gas liquids are not currently regulated and are made
at market prices. The price we receive from the sale of these products
may be affected by the cost of transporting the products to market.
Much of that
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