Okla. Admin. Code § 165:5-7-12

Current through Vol. 42, No. 7, December 16, 2024

Section 165:5-7-12 - Applications; determination of allowables

(a)Scope. Any applicant seeking relief under 165:10-13-5, 165:10-13-8, 165:10-15-1(g), 165:10-15-1(h), 165:10-15-16, and 165:10-15-18 shall have the option to proceed under either (b) through (i) of this Section or 165:5-7-1 and other applicable rules of practice.

(b)Application. The application shall be submitted on Form 1030 to the Technical Department of the Oil and Gas Conservation Division at an address posted on the Commission's website, for filing with the Commission.

(c)Exhibits. The applicants shall submit at the time of filing of the application all exhibits and data.

(d)Notice of application.

(1)Contents. The notice of the application shall contain the following information:

(A) A brief description of the relief sought.

(B) The terms of the protest period.

(C) The name, address, and telephone number of the applicant or its representative, whom anyone may contact for additional information concerning the application.

(2)Form. The applicant shall prepare the notice of application to substantially comply with the example shown in Appendix H to this Chapter.

(3)Persons to whom notice shall be given. The applicant shall serve a copy of the application and notice of the application upon:

(A) The operator of the well subject to the application if the applicant is not the operator of the subject well.

(B) All operators of wells offsetting the well for which the relief is requested.

(C) All working interest owners of all offset wells operated by the applicant, if the applicant is the operator of the subject well.

(4)Publication of notice. The applicant shall have the notice of application published pursuant to 165:5-7-1(n)(2).

(5)Proof of notice. The applicant shall file a certificate of mailing and an affidavit of publication to show compliance with the requirements of this Section.

(e)Protests.

(1)Timely protests. Any person objecting to the granting of the application shall file a written protest within the appropriate protest period. If a protest is filed after filing of the application but before commencement of the protest period, said protest shall be deemed to have been timely filed.

(2)Late protests.

(A) Failure to file a protest within the prescribed time period shall be deemed a waiver of protest.

(B) The Commission may reinstate a late filed protest upon motion for good cause shown.

(3)Form of protest. The protestant shall file with the Court Clerk of the Commission its protest which shall be entitled "Protest" and which shall contain the following information:

(A) Caption from application.

(B) Title - Protest.

(C) Name, address, and telephone number of protesting parties.

(D) Reasons for protest.

(4)Notice to applicant of protest. The Protestant shall serve the applicant with a copy of his protest within five (5) days after filing of the protest.

(f)Protest periods.

(1)Initial protest period. Any person objecting to the granting of the application shall file a written protest during the protest period, which shall run for fifteen (15) days from the date of the latest of the following events:

(A) Filing of the application.

(B) Filing of all required exhibits.

(C) The date on which the last publication was made.

(D) The date of completion of service of process on all respondents in the case.

(2)Additional protest period. After expiration of the protest period, an additional fifteen (15) day protest shall run if:

(A) The applicant amends the application to change the location or nature of the requested relief; or

(B) The applicant files amended applications in order to re-notice original parties, or initially notice new parties to the application.

(C) The additional protest period shall run from the date of completion of service of the amendment on the respondents in the case.

(g)Unprotested applications.

(1)Administrative review. If the application is unprotested, the Oil and Gas Conservation Division shall review the application without a hearing, and it shall report its finding to the Commission concerning what relief, if any, should be granted.

(2)Remedies after denial or modification. If the Oil and Gas Conservation Division recommends denial or modification of the relief requested by the application, the applicant may move for a hearing de novo or file exceptions to the report pursuant to 165:5-13-5.

(h)Withdrawal of protest. If all protests are withdrawn, the application shall be remanded for administrative review under (g) of this Section.

(i)Protested applications.

(1)Hearing required.

(A) A hearing shall be required on each timely protested application except as provided in (h) of this Section.

(B) A hearing may also be requested by the subject operator upon denial of the administrative application by the Technical Department of the Oil and Gas Conservation Division of the Commission.

(2)Notice of hearing. The applicant shall obtain a hearing date from the Court Clerk. The applicant shall send a copy of the notice of hearing to each party of record not later than fifteen (15) days before the hearing date.

(3)Contents of notice. The notice of hearing shall contain the date, time, and place of hearing.

(4)Form. The applicant shall prepare the notice of hearing to comply substantially with the form shown in Appendix I to this Chapter.

Okla. Admin. Code § 165:5-7-12

Amended at 10 Ok Reg 2591, eff 6-25-93; Amended at 19 Ok Reg 1939, eff 7-1-02; Amended at 27 Ok Reg 2098, eff 7-11-10

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 10/1/2018

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 10/1/2022

Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 10/1/2023