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January 13, 2021 “DID YOU KNOW?” – JOST ENERGY LAW PRACTICAL TIPS FOR NEW COGCC RULES – DAY THREE

In Day Three of Jost Energy Law’s “Did You Know?” Series, we continue to provide practical tips that serve to provide additional background on rules or processes that may otherwise not have been specifically addressed during the rulemaking or operator training meetings. The third set is below: 

~ Rule 306.d. – Director’s Recommendation on the Oil and Gas Development Plan

• When an Operator is tracking the timing of its pending OGDP, please remember that the date of completeness determination is a critical date. This is because: 
  • If the Director does not issue a Recommendation within 120 days of a completeness determination, the Operator may move for a hearing before the Commission, Administrative Law Judge, or Hearing Officer. 
  • At such hearing, the Director will provide an explanation of the status of the Director’s review of the Oil and Gas Development Plan and any reasons for delay. 
  • For an Oil and Gas Development Plan within an approved CAP, the Operator may move for a hearing if the Director does not issue a Recommendation within 90 days of a completeness determination.

~ Rule 308.c.(4) – Director’s Review of a Form 2

• When an Operator is tracking the timing of its pending OGDP, please remember that the date of completeness determination is a critical date. This is because: 
  • The Director will endeavor to review Form 2 applications in a timely and efficient manner. 
  • If the Director does not complete review within 90 days of an Operator submitting a Form 2, the Operator may move for a hearing before the Commission, Administrative Law Judge, or Hearing Officer. 
  • At such hearing, the Director will provide an explanation of the status of the Director’s review of the Form 2 and any reasons for delay.

~ Rule 505 – Required Evidence in Support of a Hearing Application

• When an Operator files for any hearing application with the Commission, please remember that you must submit the documents described in Rules 505.a–e to the Commission with your application. 
  • This is a significant change from the current Rules and processes.
• Rule 505 requires: 
  • Testimony to include sworn written testimony of relevant witnesses verifying land, geologic, engineering, public health, safety, welfare, the environment, and wildlife facts, or such other facts and testimony as may be required by the Commission’s Rules.
    • Geologic and engineering written testimony are not required for a statutory pooling application filed pursuant to Rule 503.g.(3), or a variance application filed pursuant to Rule 502.a. 
  • A sworn statement that is a summary of the testimony to support the relief requested in the application, including a request to take administrative notice of repetitive general, technical, or scientific evidence, where appropriate.
  • One set of exhibits which will contain relevant highlights in bullet-point format on each exhibit and a draft proposed order.