La. Admin. Code tit. 43 § XIX-3917

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

Section XIX-3917 - Waiver of Pre-Application Notice

A. If circumstances indicate that the 20 day delay required by the pre-application procedure in the filing of an application for a public hearing would result in undue hardship to the applicant, the commissioner may waive the pre-application notice requirements, and §3907 of these rules shall not apply.

B. However each such waiver must be expressly approved by the Office of Conservation, and in no instance shall the Office of Conservation approve a waiver under these rules unless there can be compliance with the 15 day provision of §3937

C. The hearing application under this procedure shall be filed with the commissioner (in duplicate), with a copy to the district manager and to each interested owner and represented party. Interested owners and represented parties need not be furnished the lists described in §3917. C.2 and 3, but the applicant upon request shall furnish copies of said lists to the requesting party. In addition to outlining the purpose thereof, the application shall include or be accompanied by the following:

1. a statement to the effect that the Office of Conservation has waived the pre-application notice requirements and that §3907 of these rules shall not apply;

2. a list of the names and addresses of interested owners and represented parties who are being furnished with a copy of the application;

3. a list of the names and addresses of all interested parties who are known to the applicant after reasonable search. In addition to the publication of the legal notice by the commissioner in the official state journal, the applicant shall provide for posting of a copy of the legal notice of the hearing and unit plat or plats in a prominent place in the area affected and publication of a copy of the legal notice in a newspaper published in the vicinity or general area of the affected field at least 15 days before the hearing. The applicant shall mail copies of the legal notice to all interested owners, represented parties and interested parties and a copy of the unit plat or plats shall be included with the legal notice, if said parties have not already been furnished same. Evidence to establish posting, publishing and mailing shall be submitted at the hearing;

4. a statement that a reasonable effort has been made to obtain a complete list of interested parties, interested owners and represented parties;

5. a day, time and place for a pre-hearing conference which shall be scheduled for not less than 10 calendar days after the date of the application. Any such conference shall be held within the state of Louisiana (unless mutually agreed otherwise among all interested owners and represented parties), in a city reasonably convenient to the persons involved;

6. a unit plat, if units are involved, prepared in accordance with all applicable memoranda and the procedure for assigning nomenclature of LAC 43:XIX.103, with any geological bases for any unit boundary labeled thereon, and the other items required by statute or by the commissioner. A reasonable effort shall be made to prepare the plat in sufficient detail to enable affected parties to determine the location of their lands;

7. a definition of the sand proposed for unitization with such sand defined in each reservoir thereof by reference to well log measurements.

D. A request for rules and regulations for more than one sand shall be a separate application for each sand, and the commissioner shall be furnished an extra copy of the application for each additional sand affected thereby. An application fee for each sand shall be filed with the application as established by Part XIX, Subpart 2 or successor regulation.

E. If any interested owner or represented party desires to confer about the applicant's proposal, he shall be represented at the pre-hearing conference provided for above. The pre-hearing conference shall be conducted in accordance with §3913

F. Immediately after the pre-hearing conference, the applicant shall furnish the commissioner and the persons to whom the application was sent a brief report on the conference and a list of the parties in attendance.

G. If, as a result of the pre-hearing conference, the applicant's proposal as set forth in the application is revised, the applicant shall notify the commissioner, the district manager and all parties to whom the application was sent of the revision and furnish them with a copy of the revised unit plat, if units are involved, and with an explanation of the revision.

H. If differences are not resolved or if any interested owner or represented party desires to oppose or support a proposal by the introduction of evidence at the hearing, then not less than five calendar days before the hearing, he must file with the commissioner and furnish to the district manager, the applicant and all persons who attended the conference his counterplan or supporting plan, including a plat of his proposed unit, if units are involved, prepared in accordance with all applicable memoranda and the procedure for assigning nomenclature of LAC 43:XIX.103, with any geological bases for any unit boundary labeled thereon, accompanied by a letter explaining any points of difference with the applicant's plan.

La. Admin. Code tit. 43, § XIX-3917

Adopted by the Department of Natural Resources, Office of Conservation, October 1983, amended and promulgated by the Department of Natural Resources, Office of Conservation, LR 19:762 (June 1993), repromulgated LR 19:1030 (August 1993).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4 et seq.