Mississippi Administrative Code › Title 26 - Oil and Gas › Part 1 - RULES OF ORDER AND PROCEDURE FOR HEARINGS BEFORE BOARD (Order No. 201-51 as amended by Order No. 95-98) › Chapter 1 › Rule 26-1-1.4 - NOTICE OF HEARING

Current through June 25, 2024
Notice of public hearing held by the Board shall be given in the following manner:
(A)
NOTICE
				BY PUBLICATION.
Unless otherwise provided or required by statute or rule
				of this Board, notice of all hearings of the Board shall be given by publishing
				notice thereof at least twenty (20) days before the date of hearing in a
				newspaper published daily in Jackson, Mississippi, of general circulation in
				the state, and in a newspaper of general circulation in the county or counties
				in which the lands and pools involved are located whether published in or out
				of the county; provided that notice of a hearing on a statewide rule or order
				affecting all pools in the state shall be published twice in a newspaper
				published daily in Jackson, Mississippi, of general circulation in the state,
				the first publication appearing at least twenty (20) days before the date of
				hearing, and the second publication appearing at least ten (10) days before the
				hearing, and no other publication shall be necessary for such hearing.
The Supervisor shall maintain a general mailing list and
				  shall place thereon the names and addresses of all persons, firms or
				  corporations who make request in writing to be included on such list. Each
				  person, firm and corporation on such mailing list shall be mailed at the
				  address listed a copy of the monthly docket, and other notices of general
				  interest as determined by the Supervisor. The failure to mail a copy to any
				  such persons, firm or corporation shall not affect the validity of any hearing
				  held pursuant to the notice published in accordance with these rules or any
				  rule, regulation or order issued pursuant to such hearing.
(B)
PERSONAL NOTICE.
In all the
				instances noted below, the petitioner shall also give personal notice which
				shall be written notice specified in Rule 4 (C) below.
(1)
PETITIONS FOR EXCEPTION LOCATION
				AND INTENTIONAL DEVIATION.
Notice of hearing a petition to authorize a
				well to be drilled for oil or gas at a location other than that authorized by
				rule or order of the Board (an exception location) or to approve the
				intentional deviation of a well shall be given by the petitioner to the
				operator of each adjoining or cornering unit toward which the well location is
				proposed to be moved or deviated.
(2)
PETITIONS TO AMEND OR REFORM
				ESTABLISHED DRILLING OR DEVELOPED UNITS.
Notice of hearing a petition to
				amend or reform an established drilling unit upon which a well has been spudded
				or reform a developed unit shall be given by the petitioner to (1) each Owner,
				(as defined in Statewide Rule 2[p]) in the established unit and (2) each Owner
				in the proposed amended or reformed unit. Determination of an Owner shall be
				from the public land records within 90 days prior to filing a Petition to
				reform or amend an established unit.
(3)
PETITIONS TO ESTABLISH OR AMEND
				ALLOWABLES.
Notice of hearing a petition to establish (by adoption of
				Special Field Rules or otherwise) or change the allowable for any developed
				unit shall be given by the petitioner to the Operator (as defined in Statewide
				Rule 2[r]) of each well completed in the same pool in the same field.
(4)
PETITIONS FOR FORCED
				POOLING.
(a) Notice of hearing a
				petition to require the owners in an established or proposed drilling or
				developed unit to integrate or pool and develop their tracts or interests with
				other tracts or interests as a drilling or developed unit pursuant to §
											53-3-7(1)
				(a and b), Miss. Code of 1972 (force integration), shall be given by the
				petitioner to each non-consenting Owner. For the purposes of this rule, a
				"non-consenting Owner" shall mean an owner of drilling rights which has not
				agreed, in writing, to be integrated in the unit.
(b) Notice of hearing a petition to require
				the owners in an established or proposed drilling or developed unit to
				integrate or pool and to develop their tracts or interests with other tracts or
				interests as a drilling or developed unit, pursuant to §
											53-3-7(2),
				Miss Code of 1972 (force integration with alternate charges), shall be given in
				accordance with the provisions of said section.
(5)
PETITIONS FOR VOLUNTARY AND
				COMPULSORY UNITIZATION.
(a) Notice of
				hearing a petition to approve a voluntary plan for unitized operations shall be
				given by the petitioner to the Operator of each well in a unit adjoining or
				cornering the voluntary unit and, as to a voluntary unit which does not cover
				the entire pool in the same field, to the Operator of each well in the pool in
				the same field not included in the voluntary unit.
(b) Notice of hearing a petition for a
				compulsory unit established pursuant to §§
											53-3-101
				to
				53-3-119,
				Miss. Code of 1972, shall be made in accordance with the provisions of said
				sections.
(6)
PETITIONS TO ESTABLISH OR AMEND SPECIAL FIELD RULES.
Notice of
				hearing a petition to establish or amend special field rules shall be given by
				the petitioner to the Operator of each well within the proposed or established
				field.
(7)
PETITIONS TO
				DETERMINE THE REASONABLENESS OF WELL COSTS.
Notice of hearing a petition
				pursuant to §
										53-3-7(4)
				Miss. Code of 1972, to determine the reasonableness of an Operator's costs for
				the drilling, completing and operating a well shall be given by the petitioner
				to (1) the Operator, if not the petitioner, and (2) the other Owners, if any,
				responsible for such costs whose names have been given to the petitioner by the
				Operator. Prior to filing the petition, the petitioner shall request in writing
				from the Operator, and the Operator shall furnish to the petitioner within
				thirty (30) days after receipt of the request, the names and mailing addresses
				known to the Operator of all parties responsible for well costs.
(8)
PETITIONS REGARDING MULTIPLE WELLS
				ON A UNIT.
Notice of hearing a petition to drill, produce or operate
				more than one well on the same unit perforated in or producing from the same
				pool shall be given by the petitioner to each Operator of each unit currently
				producing from the same pool in the same field.
(9)
PETITIONS REGARDING DOWN HOLE
				COMMINGLING.
Notice of hearing a petition to commingle down hole
				production of oil or gas from more than one pool in a single well in the same
				field shall be given by the petitioner to each Operator of each unit currently
				producing from any pool in the same field for which commingling is proposed.
(10)
PETITIONS FOR INJECTION
				WELLS.
Notice of hearing a petition to operate an Underground Injection
				Control Class II Well, pursuant to Statewide Rule 63, shall be given by the
				petitioner (applicant) in accordance with the provisions of Statewide Rule 63
				and personal notice to all Operators of wells producing oil or gas (or having
				previously produced and not plugged and abandoned) from the pool or pools into
				which the injection will be made.
(11)
PETITION FOR UNIT
				EXCEPTION.
Notice of hearing a petition for an exception to unit size or
				configuration shall be given by the Petitioner to the Operator of each
				adjoining or cornering unit.