La. Admin. Code tit. 43 § IX-109

Current through Register Vol. 50, No. 9, September 20, 2024

Section IX-109 - Notice; Hearing

A. Upon receipt by the commissioner of a complete application and after assigning a docket number to the application, the commissioner shall set a reasonable time and place for a hearing on the application and shall cause a notice of the application to be published in the official journal of the state of Louisiana. Such notice shall be published at least 10 days before the hearing and shall include:

1. a statement of the time, place and nature of the hearing;

2. a statement of the legal authority and jurisdiction under which the hearing is to be held;

3. a reference to the particular sections of the statutes and rules involved;

4. a short and plain statement of the matters asserted.

B. An application involving recognition of the new onshore reservoir category wherein the limits of the reservoir have not been subject to a prior Office of Conservation unitization hearing will be considered only by public hearing, at which time the applicant will be required to present the geological and engineering evidence in support of his application. Further, an application involving recognition of the new onshore reservoir category shall not be considered prior to a hearing for unitization of the subject reservoir scheduled pursuant to the rules of procedure for conducting hearings before the commissioner of conservation of the state of Louisiana, effective September 1, 1971. However, if at such hearing the applicant should present evidence which indicates that unitization is not required because:

1. the limits of the reservoir underlie a single lease from both a working interest and a royalty interest standpoint;

2. the limits of the reservoir underlie a voluntary unit;

3. all working interest owners and royalty owners affected by the production from the reservoir agree that they do not desire unitization; or

4. such other appropriate reasons, then the commissioner of conservation may waive said unitization requirement if the applicant so requests.

C. Except with regard to an application involving recognition of the new onshore reservoir category wherein the limits of the reservoir have not been subject to an Office of Conservation unitization hearing, an application may be considered and determined by the commissioner by informal disposition on the basis of all data, information, forms, affidavits, plats, exhibits, and such other evidence properly filed before the commissioner, which matters shall comprise the transcript of the hearing on which the determination is based. Each applicant requesting an informal disposition, as such, shall file with the commissioner an affidavit agreeing that the determination can be made by the commissioner without the necessity of an appearance. However, in any event the commissioner may, upon his own motion, require an evidentiary hearing with sworn testimony and in such cases shall notify the applicant prior to the hearing date of his decision to do so.

D. An applicant who is required to present evidence and testimony at a public hearing held for well status determination pursuant to the NGPA will be required to purchase one copy of the transcript of the hearing for each well involved from the applicable court reporting service. Such copy will be mailed directly to the commissioner from the applicable court reporting service and will be made a part of the application to be forwarded to the FERC.

E. Any interested person shall have the right to protest to the commissioner with respect to a determination sought by any applicant. Each protest shall include:

1. an identification of the determination protested;

2. the name and address of the person filing the protest;

3. a statement of the effect the determination will have on the protestor;

4. a statement of the precise grounds for the protest and all supporting documents or references to any information relied on in connection with the protest:

a. after filing the protest as provided for herein, the person filing such protest shall have the right to be heard at the hearing and to present witnesses and other evidence, whether or not represented by legal counsel or technical assistants, on all issues of fact involved and argument of all issues of law and policy involved and to conduct such cross-examination as may be required for a full and true disclosure of the facts;

b. if such a protest is received by the commissioner prior to the date set for the hearing, then a copy of same shall be delivered by the commissioner to the applicant by mail, postage prepaid.

F. If an interested person files a protest at the hearing on the application, then the commissioner shall continue the hearing on the application until a date determined by him and shall notify the protestant and the applicant of the new hearing date. Further, the commissioner shall send the applicant a copy of the protest which has been filed. Failure to appear at such continued hearing will be deemed a withdrawal by the protestant.

G. The commissioner shall mail a notice of his determination to the applicant and to all persons appearing at the hearing.

La. Admin. Code tit. 43, § IX-109

Promulgated by the Department of Natural Resources, Office of Conservation, LR 6:176 (May 1980).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:501.