W. Va. Code R. § 38-5-2

Current through Register Vol. XLI, No. 49, December 6, 2024
Section 38-5-2 - Definition
2.1 No more than one gross interval per well may be qualified as "natural gas produced from Devonian shale" for purposes of Section 107 (c) (4) of the Natural Gas Policy Act, and for the purposes of 18 C.F.R. 272.103(e). The party requesting that the Division certify that gas production from a well owned or operated by it be so qualified shall, at its option, and for purposes of 18 CFR 272.103(e), select as the "gross Devonian age stratigraphic interval encountered by a well bore" a stratigraphic interval which meets one of the following definitions:
2.1.1 The entire interval of Devonian age rock that lies between the base of the Mississippian Berea Sand or, if absent the base of the Osage Series, and the shallower of (a) the top of the Onondaga limestone formation or its chert equivalent, the top of the Hunton group of carbonates, or (b) the total depth of the well.
2.1.2 A single interval of Devonian age rock --
(a) which lies entirely within the interval described in Subsection 2.1.1;
(b) at least 95 percent of which has a gamma ray index of 0.7 or greater; and
(c) such that
(i) if the top of the interval is at a lower depth than the top of the interval described in Subsection 2.1.1, then at least 95 percent of the top 100 feet of the interval selected, has a gamma ray index of 0.7 or greater; and
(ii) if the bottom of the interval is at a lesser depth than the bottom of the interval described in Subsection 2.1.1. then at least 95 percent of the bottom 100 feet of the interval selected has a gamma ray index of 0.7 or greater.

W. Va. Code R. § 38-5-2