Current through Register Vol. XLI, No. 50, December 13, 2024
Section 35-7-4 - Certification Procedures4.1. Initial Action by the Office of Oil and Gas. -- Upon receipt of an application to certify a well for the maximum lawful price under ''102, 103, 107 or 108 of the NGPA, the Office of Oil and Gas will conduct a review of the submitted data, along with other information available to it, and prepare a summary report for the Chief. A file number and a determination date will be assigned. One copy of FERC Form 121, and one copy of Form FC-48WC, will be mailed to the Operator notifying them of the file number, determination date, and the date of filing with the Office of Oil and Gas.4.2. Periodical Circular. -- The Office of Oil and Gas will publish from time to time a circular indicating the status of various applications filed under this rule. Such circular may be published on the Division of Environmental Protection's Website. 4.2.a. The circular will identify each well by applicant and by a file number which will indicate: 4.2.a.1. The date received by the Office of Oil and Gas;4.2.a.2. The NGPA category for which application is made; and4.2.a.3. The API county and permit number.4.2.b. The circular will constitute notice of the following: 4.2.b.1. That the initial application was complete or incomplete as received;4.2.b.2. The scheduled determination date;4.2.b.3. The determination made by the Office of Oil and Gas and the date of determination; and4.2.b.4. The date on which the determination order was filed with FERC.4.3. Notice of Hearing. -- Notice of all filings for applications for certification under this rule will be filed by the Office of Oil and Gas with the Secretary of State and the Capitol News Media, indicating that interested persons may intervene in the application by filing written comments with the Office of Oil and Gas within fifteen (15) days from the date that the circular is filed with the Secretary of State. If objections are made by any interested person, or by the Office of Oil and Gas, or if the Chief determines that other information may be necessary in order to make a determination, a public hearing will be held. One the hearing date, the applicant and all persons who have timely filed objections on or before the date of the hearing will be given an opportunity to present additional evidence.4.4. Determination. -- After a hearing has been held, a determination as to whether the well qualifies for certification will be made by the Chief. If no objection is made within the time prescribed by subsection 4.3, the Chiefwill make a determination as to whether the well qualifies for certification. A copy of FERC Form 121 and the order will be mailed to the FERC for final review pursuant to '503 of the NGPA.4.5. Extra Powers of Chief. -- The Chief may also certify or provide a waiver for a well located within a proration unit as defined in subsection 2.15 of this rule, or any other well sought to be certified under this rule, after notice and hearing.