Current through Register Vol. XLI, No. 50, December 13, 2024
Section 38-16-2 - DefinitionsUnless the . context in which used clearly requires a different meaning, the definitions contained in W. Va. Code §§ 22-1-3 and 22B-1-1 shall apply to this rule in addition to the definition expressly set forth in this Section 2. Each definition adopted by this Section 2, whether statutory or by rule, are for the purpose of implementing the Natural Gas Policy Act of 1978 are not intended to be used in any other context:
2.1 "W. Va. Code" shall mean the West Virginia Code of 1931, as amended.2.2 "FERC" shall mean the Federal Energy Regulatory Commission.2.3 "NGPA" shall mean the Natural Gas Policy Act of 1978.2.4 "Natural gas" shall mean either natural gas unmixed or any mixture of natural and artificial gas.2.5 "Well" shall mean any well for the discovery or production of natural gas, crude oil, or both.2.6 "New well" shall mean any well, the surface drilling of which began on or after February 19, 1977, or the depth of which was increased by means of drilling on or after February 19, 1977 to a completion location which is at least 1,000 feet below the depth of the deepest completion location of such well attained before February 19, 1977.2.7 "Old well" shall mean any well other than a new well.2.8 "Marker well" shall mean any well from which natural gas was produced in commercial quantities at any time after January 1, 1970 and before April 20, 1977, including a well, the depth of which was increased on or after February 19, 1977, to a completion location at least 1,000- feet below the depth of the deepest completion location of such well attained before February 19, 1977; Provided, That the term "marker well" shall not include a well the surface drilling of which began on or after February 19, 1977.2.9 "Reservoir" shall mean any producible natural accumulation of natural gas, crude oil, or both confined by impermeable rock or water barriers, and characterized by single natural pressure system or confined by lithologic or structural barriers which prevent pressure communication.2.10 "Completion location" shall mean any subsurface location from which natural gas is being, or has been produced in commercial quantities,2.11 "Marker well completion location" or completion location when used with reference to any marker well shall mean any subsurface location from which natural gas was produced in commercial quantities after January 1, 1970 and before April 20, 1977.2.12 "Mcf" used with respect to natural gas shall mean 1,000 cubic feet of natural gas measured at a pressure of 14,73 pounds per square inch (absolute) and a temperature of 60 degrees Fahrenheit.2.13 "Btu" shall mean British Thermal Unit.2.14 "Month" shall mean a calendar month.2.15 "Mile" shall mean a statute mile of 5,280 feet.2.16 "Jurisdictional agency" shall mean the Division of Oil and Gas of the West Virginia Department of Energy.2.17 "Production in commercial quantities" shall mean production of natural gas from a well or reservoir which is either sold and delivered to one other than the operator, or retained by the operator or any owner of the production at severance for beneficial economic use; provided, that natural gas used for the" testing of natural gas wells or for other field uses which are production related, shall not be considered produced in commercial-quantities.2.18 "Recognized enhanced recovery techniques" shall mean processes or equipment, or both, which when performed or installed, increase the ultimate recovery of gas from the well, including mechanical or chemical stimulation of the reservoir formation, and devices installed in the well bore or on the surface; provided, that normal well maintenance repair or replacement of equipment or facilities do not qualify as enhanced recovery techniques.2.19 "Proration unit" shall mean an area around a well as per the following: 2.19.1 For all shallow wells with a depth less than 3,000 feet, the proration unit will have a 1,000 foot radius and shall constitute a proration unit for only the formations for which a well "has been completed for production or target formations on wells spudded but not yet completed;2.19.2 For shallow wells with a depth of 3,000 feet or more, the proration unit will have a 1,500 foot radius and shall constitute a proration unit for only the formations for which a well has been, completed for production or target formations on wells spudded but not yet completed; and2.19.3 For all deep wells, the proration unit will be the drilling unit as defined in W. Va. Code § 522-8-2(13).