006.01 Time of
Notice; Emergency Orders
Before any rule, regulation, or order, or amendment thereof,
shall be made by the Commission, there shall be held a public hearing upon at
least thirty (30) days notice at such time and place as may be prescribed by
the Commission and any interested person shall be entitled to be heard, except
that when an emergency requiring immediate action is found by the Commission to
exist, the Commission may issue an emergency order, without notice of hearing,
which shall be effective upon promulgation but shall remain effective for no
more than thirty (30) days.
006.02 Manner of Notice and Contents
When a proceeding has been instituted, either by the
Commission on its own motion or by a party, the Commission shall cause notice
of the hearing before the Commission to be given by personal service or by one
publication in a newspaper of general circulation in each county where the land
affected, or some part thereof, is situated. Said notice shall be issued in the
name of the State of Nebraska, shall be signed by a member of the Commission or
the Secretary of the Commission and shall specify the style and number of the
proceeding, the time and place of the hearing, the purpose of the proceeding
and the issues involved.
006.03 Notice by Personal Service
Should the Commission elect to give notice by personal
service as provided in Rule
6-006.02, such service may be made
by any officer authorized to serve summons, or by any agent of the Commission,
in the same manner and extent as is provided by law for the service of summons
in civil actions in the District Courts in this State. Proof of Service by such
agent shall be by his affidavit and Proof of Service by any officer shall be in
the form required by law with respect to service of process in civil
actions.
006.04 Service of
Notice in Special Proceedings
006.04A In all
cases where
006.04A1 there is an application
for the entry of a pooling order under Section
57-909
R.S. Nebraska, or
006.04A2 there is
an application for the entry of a unitization order under Section
57-910
to
57-910.12
R.S. Nebraska, notice of the hearing to be held on such application shall be
served on the interested parties as hereinafter defined by certified mail at
least thirty (30) days prior to the date of the hearing.
For the purpose of pooling applications filed under Section
57-909,
the term, "interested parties," shall mean those persons who own any oil or gas
leasehold, mineral or royalty interest in the tracts to be pooled.
For the purpose of unitization applications filed under
Section
57-910
to
57-910.12,
the term, "interested parties," shall mean those persons whose names are
required to be set forth in the application.
For the purpose of Carbon Dioxide Storage, the term
"interested parties" shall mean those persons that own the Reservoir
estate.
006.04B In
all cases where a complaint is made to the Commission that any provision of the
Act, or the GS Act, or any rule, regulation, or order of the Commission is
being violated, notice of the hearing to be held on such complaint, or order to
show cause, shall be served on the interested parties, as hereinafter defined,
in the same manner as is provided in the Rules of Civil Procedure for the
service of process in civil actions in the District Courts in this State, as
the same may be implemented, interpreted and made specific by the Commission.
In such cases the party or parties complained against and
such other persons as the Commission finds may be affected by the act, or GS
Act complained of shall be deemed the interested party or parties.
006.04C In all cases where there
is an application for an exception to an established well spacing pattern, in
addition to notice of hearing as required by the Act, or the GS Act, the
applicant shall serve notice of hearing upon all interested parties by
certified mail. The term "interested parties" shall mean those persons who own
any leasehold, mineral or royalty interest in contiguous or cornering tracts of
the size established in the existing spacing pattern. Applicant shall file a
certificate showing the names and addresses of the interested parties, as above
defined, upon whom notice has been or is being served.
006.04C1 The Commission may on its own motion
establish temporary spacing for wildcat reservoirs after notice and hearing.
Notice in such cases shall be by publication in the legal newspaper of the
county where the discovery is located.
006.04D In all cases where there is an
application for the approval of the commencement of an enhanced recovery
project, or approval of any injection well under Chapter 4, in addition to any
notice provided for in Rule
6-006.02, notice of the filing of
such application shall be given by the applicant by certified mail or by
personal delivery of a copy of the said notice to each person owning a fee,
leasehold, mineral or royalty interest within the area which will be affected
by the operation and of lands directly or diagonally offsetting said area or
within one-half (1/2) mile of a proposed injection well, whichever is greater.
Such notice shall state the time and place of hearing. Proof of the mailing or
service of such notice shall be made by affidavit which shall be filed with the
Commission.
006.04E All notices
required by this Rule shall be given as soon as practicable after the filing of
the application, but in any event at least fifteen (15) days prior to the date
of hearing. Service of notice shall be deemed complete as of the date of
mailing.
006.04F All notices
required by this Rule shall contain the following statements: "Any person
desiring to protest the granting of the application shall, at least five (5)
days prior to the date of the hearing, file a written protest with the
Commission, which shall briefly state the basis of the protest. Any person who
files a protest with the Commission shall at the same time serve a copy thereof
on the person filing the application. Such service shall be by mailing a copy
of the protest, postage prepaid, to the applicant. Complete copies of the
application in the above-styled cause may be obtained from the Nebraska Oil and
Gas Conservation Commission, P. O. Box 399, Sidney, Nebraska 69162."
006.04G In all cases where there is an
application for Geologic Storage, in addition to notice of hearing as required
by the Act, the applicant shall serve notice of hearing upon all interested
parties. The term "interested parties" shall mean those persons who own any
reservoir estate, leasehold, mineral, royalty interest and land overlying the
storage reservoir and within one-half mile of the storage reservoir boundaries.
Applicant shall file a certificate showing the names and addresses of the
interested parties, as above defined, upon whom notice has been or is being
served.
006.04H In all cases where
there is an application for Geologic Storage, the notice of hearing shall
include a statement that amalgamation of all storage reservoir estates is
required to operate the storage facility, that the commission may require that
the storage reservoir estates owned by nonconsenting owners be included in the
storage facility and subject to geologic storage, and that the amalgamation of
storage reservoir estates will be considered at the
hearing.
006.05
Additional Notices
When any proceeding other than those referred to in Rules 6-
004.01 and
6-006.04 has been instituted in
addition to the service or publication of the notice of hearing as required by
the Act, or the GS Act, the applicant shall mail to each respondent or
interested party and to all persons who have requested notification of such
proceeding, as provided in Rule
6-006.06, a written notice of
hearing. The term "Interested Party" shall mean those persons who own any
leasehold, mineral or royalty interest in the lands affected.
006.06 Request for Notices
Any person desiring notification by mail from the Secretary
of the hearings before the Commission shall request same in writing by filing
with the Secretary his name and address and designating the area or areas in
which interested and as to which he desires to receive such
notices.
Laws 2021, LB650, $ 8.
