Section 43-02-14-05 - Geological storage facility permit hearing1. At least thirty days before the scheduled hearing, the applicant shall give notice of the hearing to persons outlined in North Dakota Century Code 38-25-04.2. Notice given by the applicant must contain the following:a. A legal description of the land within the oil or gas facility area.b. The date, time, and place the commission will hold a hearing on the permit application.c. A statement of purpose of the application.d. A statement that a digital copy (.pdf format) of the permit may be obtained from the commission.e. A statement that all comments regarding the geological storage facility permit application must be in writing and submitted to the commission by five p.m. on the last business day before the hearing date or presented at the hearing.f. Storage in an oil and gas reservoir must contain:(1) A statement that amalgamation of the pore space within the geological storage reservoir is required to operate the geological storage facility, which requires consent of persons who own at least fifty-five percent, unless otherwise provided for as outlined in North Dakota Century Code section 38-25-05, of the pore space, and a statement that the commission may require the pore space owned by nonconsenting owners to be included in the geological storage facility.(2) A statement that unitization of oil and gas minerals and oil and gas leases within the geological storage reservoir is required to operate the geological storage facility, which requires consent of persons who own at least fifty-five percent, unless otherwise provided for as outlined in North Dakota Century Code section 38-25-05, of the oil and gas minerals and oil and gas leases, and a statement that the commission may require the oil and gas minerals and oil and gas leases owned by nonconsenting owners to be included in the geological storage facility.g. Storage in a saline reservoir must contain a statement that amalgamation of the pore space within the geological storage reservoir is required to operate the geological storage facility, which requires consent of persons who own at least sixty percent of the pore space, and a statement that the commission may require the pore space owned by nonconsenting owners to be included in the geological storage facility.h. Storage in a salt cavern must contain:(1) A statement that amalgamation of the pore space within the salt cavern is required to operate the geological storage facility, which requires consent of persons who own at least sixty percent of the pore space, and a statement that the commission may require the pore space owned by nonconsenting owners to be included in the geological storage facility.(2) A statement that unitization of salt minerals and salt leases within the salt cavern is required to operate the geological storage facility, which requires consent of persons who own at least fifty-five percent of the salt minerals and salt leases, and a statement that the commission may require the salt minerals and salt leases owned by nonconsenting owners to be included in the geological storage facility.N.D. Admin Code 43-02-14-05
Adopted by Administrative Rules Supplement 2022-384, April 2022, effective 4/1/2022.General Authority: NDCC 38-08-04
Law Implemented: NDCC 38-25