§ 45:251 — Definitions

Louisiana § 45:251

• Jurisdiction: Louisiana
• Title 45: Public Utilities and Carriers

Text

§251. Definitions
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.

Legislative History

Amended by Acts 1964, No. 28, §1; Acts 1968, Ex. Sess., No. 6, §1; Acts 1980, No. 109, §1; Acts 2025, No. 458, §8, eff. Oct. 1, 2025.