A person seeking a determination that natural gas is produced from Devonian shale shall file an application with the jurisdictional agency which contains the following items:

FERC Form No. 121;

All well completion reports;

A gamma ray log with superimposed indications of the shale base line and the gamma ray index of 0.7 over the Devonian age stratigraphic section designated pursuant to § 270.101(b)(8);

A reference to a standard stratigraphic chart or text establishing that the producing interval is a shale of Devonian age; and

A sworn statement:

Calculating the percentage of footage of the producing interval which is not Devonian shale as indicated by a Gamma ray index of less than 0.7;

Demonstrating that the percentage of potentially disqualifying non-shale footage for the stratigraphic section selected is equal to or less than 5 percent of the Devonian stratigraphic age interval designated pursuant to § 270.101(b)(7);

Attesting that the natural gas is being produced from Devonian shale through:

A well the surface drilling of which began after December 31, 1979, but before January 1, 1993;

A recompletion commenced after January 1, 1993, in a well the surface drilling of which began after December 31, 1979, but before January 1, 1993; or

A recompletion that was commenced after December 31, 1979 but before January 1, 1993, where such gas could not have been produced from any completion location in existence in the well bore before January 1, 1980; and

Attesting that the applicant has no knowledge of any information not described in the application which is inconsistent with his conclusion.