Current through Register Vol. XLI, No. 44, November 1, 2024
Section 38-16-4 - Certification Procedures4.1 Initial Action by the Division of Oil and Gas Upon receipt of an application to certify a well for the maximum lawful price under §§102, 103, 107, or 108 of the NGPA, the Division of Oil and Gas will conduct a review of the submitted data along with other information available to it/ and prepare a summary report for the Director. A file number and a determination date will be assigned. One copy of FERC Form 121 and one copy of Form FC-48WC will be mailed to the Operator and the Purchaser (if known) notifying them of the file number, determination date and the date of filing with the Division of Oil and Gas.4.2 Periodical Circular - 4.2.1 The Division of Oil and Gas will publish from time to time, but not less often than monthly, a circular indicating the status of various applications filed under this rule. Copies of the circular will be filed with the Secretary of State and the Capitol News Media.4.2.2 The circular will identify each well by applicant and by a file number which will indicate: 4.2.2.1 The date received by the Division of Oil and Gas;4.2.2.2 The NGPA category for which application is made; and4.2.2.3 The A.P.I, county and permit number.4.2.3 The circular will constitute notice of the following: 4.2.3.1 That the initial application was complete or incomplete as received;4.2.3.2 The scheduled determination date;4.2.3.3 The determination made, by the Division of Oil and Gas and the date of determination; and4.2.3.4 The date on which the determination order was filed with FERC.4.3 Notice of Hearing - Notice of all filings for applications for certification under this rule will be filed by the Division of Oil and Gas with the Secretary of State and the Capitol News Media, indicating that interested persons may intervene in the application by filing written comments with the Division of Oil and Gas within 15 days from the date that the circular is filed with the Secretary of State. If objections are made by any interested person, or by the Division of Oil and Gas, or if the Director determines that other information may be necessary in order to make a determination, a public hearing will be held. On the hearing date, the applicant and all persons who have timely filed objections on or before the date of the hearing will be given an opportunity to present additional evidence.4.4 Determinations - After a hearing has been held, a determination as to whether the well qualifies for certification will be made by the Director. If no objection is made within the time prescribed by Section 4.3, the Director will make a determination as to whether the well qualifies for certification. A copy of FERC Form 121 and the order will be mailed to the FERC for final review pursuant to §503 of the NGPA.4.5 Extra Powers of Director - The Director may also certify or provide a waiver for a well located within a proration unit as defined in Section 2.2.2.16 or any other well sought to be certified under this rule after notice and hearing.