W. Va. Code R. § 35-7-3

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 35-7-3 - Filing Requirements

3.1. General Requirements.

3.1.a. No application under this rule will be certified until such time as a copy of Form OP-1, "Operator Registration Form and Designation Form," has been filed.

3.1.b. All forms promulgated by the Office of Oil and Gas and required by this rule, may be replaced by copies of any applicable predecessor form promulgated by the Office of Oil and Gas, or by equivalent company or operator forms.

3.1.c. If an Operator wishes to seek a determination that a well qualifies for more than one (1) category under NGPA, a separate application must be submitted for each category for which a determination is desired.

3.1.d. Each application must be accompanied by a filing fee of one hundred dollars ($100.00). Where an Operator is submitting several applications at one (1) time, a single check may be submitted for a sum equal to the number of applications multiplied by one hundred dollars ($100.00).

3.1.e. Applications may be submitted electronically if approved by the Chief

3.1.f. Such other information as the Office of Oil and Gas may require in order to establish by substantial evidence that the well qualifies for NGPA category for which a determination is sought.

3.2. New Onshore Wells Under '102 of the NGPA. - For each well for which certification is sought under '274.202 of the FERC regulations implementing the NGPA, the following shall be submitted by the operator:

3.2.a. For wells more than 2.5 miles from a marker well:

3.2.a.1. One (1) copy of FERC Form 121;

3.2.a.2. One (1) copy of Form WW-6, "Well Plat";

3.2.a.3. One (1) copy of Form WR-35, "Well Operator's Report of Drilling";

3.2.a.4. One (1) copy of Form FC-48, "State Application for Well Classification";

3.2.a.5. One (1) copy of Form FC-51, "Well Classification Form; Wells Drilled More than 2.5 miles from a Marker Well";

3.2.a.6. A plat to the scale of one inch (1") equals four thousand (4,000) feet produced on some high-quality material, and prepared by a licensed land surveyor or registered engineer, showing all wells within 2.5 miles of the well for which certification is sought and also showing all wells which are producing, or produced after January 1, 1970, natural gas within said 2.5 mile radius, and identifying each such well by the last four (4) digits of the API permit number;

3.2.a.7. A separate sheet tabulating all wells identified on the plat required by paragraph 3.2.a.6 of this section as to linear distance, depth of the top of the producing formation, and the geological name of the formation;

3.2.a.8. Electric logs and directional drilling surveys, if performed in the normal course of drilling and completion of the well; and

3.2.a.9. Satisfactory proof of service that a copy of the complete filing has been served on the first purchaser, if known.

3.2.b. For wells more than one thousand feet (1,000') deeper than a marker well:

3.2.b.1. One (1) copy of FERC Form 121;

3.2.b.2. One (1) copy of Form WW-6, "Well Plat";

3.2.b.3. One (1) copy of Form WR-35, "Well Operator's Drilling Report;

3.2.b.4. One (1) copy of Form FC-48, "State Application for Well Classification;

3.2.b.5. One (1) copy of Form FC-52, "Well Classification Form; Wells Drilled More than One Thousand Feet (1,000') Deeper than a Marker Well";

3.2.b.6. A plat to the scale of one inch (1") equals four thousand (4,000) feet produced on some high-quality material and prepared by a licensed land surveyor or registered engineer, showing all wells within 2.5 miles of the well for which certification is sought and also showing all wells which are producing or produced after January 1, 1970, natural gas within said 2.5 radius and identifying each such well by the last four digits of the API permit number; including specific identification of all marker wells within the 2.5 mile radius, and also indicating the deepest completion locations for each such marker well identified on the plat;

3.2.b.7. A separate sheet tabulating all wells identified on the plat required by paragraph 3.2.b.6. of this section as to linear distance, depth of the top of the producing formation, and the geological name of the formation; and

3.2.b.8. Electric logs and directional drilling surveys if performed in the normal course of drilling and completion of the well.

3.2.c. For new onshore reservoir wells:

3.2.c.1. One (1) copy of FERC Form 121;

3.2.c.2. One (1) copy of Form WW-6, "Well Plat";

3.2.c.3. One (1) copy of Form WR-35, "Well Operator's Drilling Report";

3.2.c.4. One (1) copy of Form FC-48, "State Application for Well Classification";

3.2.c.5. One (1) copy of Form FC-53, "Well Classification Form; New Onshore Reservoir Wells";

3.2.c.6. Subsurface cross-section charts;

3.2.c.7. Formation structure map;

3.2.c.8. A gas analysis; and

3.2.c.9. Electric logs and directional drilling surveys if performed in the normal course of drilling and completion of the well.

3.3. New Onshore Production Wells Under '103 of the NGPA - For each well for which certification is sought under '274.204 of the FERC regulations implementing the NGPA, the following shall be submitted by the operator:

3.3.a. One (1) copy of FERC Form 121;

3.3.b. One (1) copy of Form WW-6, "Well Plat";

3.3.c. One (1) copy of Form WR-35, "Well Operator's Drilling Report";

3.3.d. One (1) copy of Form FC-48, "State Application for Well Classification";

3.3.e. One (1) copy of Form FC-53, "Well Classification Form; New Production Onshore Wells";

3.3.f. Sub-surface cross-section charts;

3.3.g. Formation structure map;

3.3.h. A gas analysis; and

3.3.i. Electric logs and directional drilling surveys if performed in the normal course of drilling and completion of the well.

3.4. High Cost-Natural Gas Under '107 of the NGPA - For each well for which certification is sought under '274.205 of the FERC regulations implementing the NGPA, the following shall be submitted by the operator.

3.4.a. One (1) copy of FERC Form 121;

3.4.b. One (1) copy of Form WW-6, "Well Plat";

3.4.c. One (1) copy of Form WR-35, "Well Operator's Drilling Report";

3.4.d. One (1) copy of Form FC-48, "State Application for Well Classification";

3.4.e. One (1) copy of Form FC-55, "Well Classification Form; High Cost Gas";

3.4.f. Electric logs; and

3.4.g. Directional drilling surveys if made in the ordinary course of drilling and completing the well.

3.5. Stripper Wells under '108 of the NGPA -- For each well for which certification is sought under '274.206 of the FERC regulations implementing the NGPA, the following shall be submitted by the operator:

3.5.a. One (1) copy of FERC Form 121;

3.5.b. One (1) copy of Form WW-6, "Well Plat";

3.5.c. One (1) copy of Form WR-35, "Well Operator's Drilling Report";

3.5.d. One (1) copy of Form WR-39, "Report of Production", for twelve (12) consecutive months ending within ninety (90) days of the date of application;

3.5.e. Production records for a period of ninety (90) consecutive days ending within ninety (90) days of the date of application;

3.5.f. If items required by subdivision 3.5.d. and 3.5.e. of this section are not available, tax records or verified copies of billing statements for twelve (12) calendar months ending within ninety (90) days of the date of filing;

3.5.g. If the well for which a determination is sought has produced nonassociated natural gas at an average rate not in excess of sixty (60) Mcf per production day, for a ninety (90) day production period ending within ninety (90) days of the date of filing, but such as average rate of production has not been experienced for a twelve (12) month period, the operator shall file as soon as practicable but no later than ten (10) months after the date of application, production records, if available, and if not, tax records or verified copies of billing statements for a twelve (12) month period, including any part of the indicated ninety (90) day production period;

3.5.h. One (1) copy of Form FC-48, "State Application for Well Classification"; and

3.5.i. One (1) copy of Form FC-56, "Well Classification Form; Stripper Wells".

3.6. Report of Increase in Production; Enhanced Recovery; Seasonally Affected Wells.

3.6.a. Whenever a well, which had previously received a certification as being qualified as a stripper well, produced nonassociated natural gas at a rate exceeding an average sixty (60) Mcf per production day for any ninety (90) day production period, the operator or purchaser shall file a notice containing the following information with the Chief:

3.6.a.1. The names and addresses of the operator and purchaser indicating whether it is the operator or the purchaser who is filing the notice;

3.6.a.2. Identification of the subject well and accurate records reference to the original determination qualifying the well as a stripper well;

3.6.a.3. The monthly production reports, tax records or billing statements upon which the notice is based for the period of production in question;

3.6.a.4. A statement of the production per production day for the period in question;

3.6.a.5. A statement that all the information contained in the notice is true to the best of his information, knowledge and belief; and

3.6.a.6. If the notice is filed by a purchaser, a statement that the notice has been served on the operator.

3.6.b. An operator desiring a determination that an increase in production has been the result of enhanced recovery techniques, shall file with the Chief within thirty (30) days of the date of the notice of an increase in production:

3.6.b.1. One (1) copy of Form FC-57WV, "Request for Determination that Increased Production is the Result of Enhanced Recovery Techniques"; and

3.6.b.2. One (1) copy of Form FC-48WC, "State Application for Well Classification".

3.6.c. An operator desiring a determination that a well previously certified to be a stripper well is seasonally affected, shall file with the Chief within thirty (30) days of the date of the notice of an increase in production:

3.6.c.1. One (1) copy of FC-58WC, "Request for Determination of Seasonally Affected Well";

3.6.c.2. Production records, tax records or billing statements for a period of twenty-four (24) months, including the ninety (90) day or twelve (12) month period which is the subject of a notice of an increase of production;

3.6.c.3. One (1) copy of Form FC-48WV, "State Application for Well Classification";

3.6.c.4. Applications may be submitted electronically if approved by the Chief.

3.7. Designation of Tight Formation Areas. -- A determination designating a portion of a formation as a tight formation must be made in the form and manner prescribed in '270.305 of the FERC regulations implementing the NGPA, per Order No. 616.

W. Va. Code R. § 35-7-3