46-4-55. Receipt and recording of evidence at hearing on application; order of commission approving or disapproving underground storage project.

At the hearing on an application made pursuant to Code Section 46-4-53, the commission shall receive, hear, and make a record of such relevant evidence on the issues as may be offered by any person directly interested and shall enter an order either approving or disapproving the proposed underground storage project.#

Any order approving a proposed underground storage project shall contain and be based on findings that:#

1. (1)

   The proposed underground storage of gas is in the public interest and welfare;#

2. (2)

   The underground reservoir is reasonably practicable and suitable for the underground storage of gas, and the applicant has complied with all applicable conservation laws of the State of Georgia;#

3. (3)

   The underground reservoir is nonproductive of economically recoverable valuable minerals or materials or of oil or gas in commercial quantities under either primary or secondary recovery methods and nonproductive of fresh water in commercial quantities with feasible and reasonable pumping lift;#

4. (4)

   The underground storage project will not injure, pollute, or contaminate any usable fresh-water resources;#

5. (5)

   The underground storage project will not injure, interfere with, or endanger any mineral resources or the development or extraction thereof; and#

6. (6)

   The gas utility carries public liability insurance, or has deposited collateral in amounts satisfactory to the commission, or has furnished a financial statement showing assets in an amount satisfactory to the commission, so as to demonstrate the ability of the gas utility to secure payment of any liability resulting from any reasonably anticipated occurrence which may arise out of or be caused by the operation or use of any underground reservoir or facilities incidental thereto.#

The issuance of an order of approval by the commission shall be a condition precedent to the utilization or operation of an underground gas storage project. The commission may attach to the order such terms, conditions, and restrictions as it deems appropriate in the public interest.#