Current through Register Vol. XLII, No. 1, January 3, 2025
Section 50-1-4 - Disputes Under Pooling Order4.1. Scope. The rules in this part govern and are applicable to disputes concerning the costs of drilling and operating a well under a pooling order issued by the Board pursuant to Code '22-7-11. In addition to the rules contained in this part, the general rules of practice before the Board contained in Section 1 and the rules relating to hearings held by the Board contained in Section 5 are also applicable to such proceedings.
4.2. Initiation of Proceedings; Petition to Resolve Dispute.(a) Proceedings for the resolution of disputes concerning the cost of drilling and operating a well under a pooling order issued by the Board may be initiated by any party to such pooling order by filing a petition to resolve dispute.(b) Such petition shall be filed with the Chairman and copies thereof shall be served upon all other parties owning interests in the gas produced from the drilling unit for which the pooling order was issued.4.3. Contents of Petition.(a) A petition to resolve a dispute shall identify the subject drilling unit, shall state the name and address of all persons owning interests in such drilling unit, and shall contain a short and plain statement of (1) the facts underlying the dispute, (2) such party's position with respect to each issue of law or fact in dispute, and (3) the relief requested by such party.(b) A copy of the pooling order which is involved in the dispute shall be attached to each petition.4.4. Notice of Meeting.(a) Upon receipt of a petition to resolve dispute, the Chairman shall call a meeting of the Board. Such meeting shall be scheduled not less than thirty (30) days from receipt by the Chairman of the petition, and notice of such meeting shall be given by the Chairman at least ten (10) days in advance thereof to all owners of interests in the gas produced from the drilling unit and of the remaining members of the Board.(b) The notice of each meeting called by the Chairman pursuant to subsection (a) of this section shall issue in the name of the State, shall specify the style of the proceeding and a docket number assigned by the Chairman, shall state that such meeting is being called for the purpose of holding a hearing concerning the petition, shall state the date, time and place of the hearing, and shall be signed by the Chairman.(c) The notice of such meeting required by subsection (a) of this section shall be given in the manner provided in Code '22-7-6. A copy of such notice, including proof of service or publication thereof, shall be retained in the record of the proceeding by the Chairman. Proof of service or publication of such notice shall be made by (1) a verified return if service was made personally, (2) a certificate of service or return receipt if service was by certified mail, or (3) a copy of the published notice if service was a publication.(d) The Chairman shall also mail, by regular United States mail, a copy of all notices given pursuant to subsection (a) of this section to all other persons who specify to the Chairman an address to which all such notices may be mailed.4.5. Hearing. (a) At the time and place fixed by the Chairman for the meeting of the Board and for hearing on the petition to resolve dispute, the Board shall hold a hearing to consider the petition. Such hearing shall be conducted in the manner provided in Section 5 of these rules and the pertinent provisions of Article 5, Chapter 29A of the Code shall apply to and govern such hearing.(b) Within twenty (20) days after the close of such hearing, the Board shall issue and file with the Department a written order resolving the dispute and either granting, granting in part or denying the relief requested in the petition. The entire record of the proceedings shall be filed with the Department simultaneously with the order, and a copy of the order shall be mailed by registered or certified mail to all parties.(c) Any member of the Board may file a separate opinion with the Department within twenty-five (25) days after the close of the hearing. A copy of any such opinion shall be mailed by registered or certified mail to all parties.