Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 15 - Orders › Section 165:5-15-3 - Pooling orders

Current through Vol. 41, No. 20, July 1, 2024
(a)
Termination of order.
A pooling order shall contain language to
				the effect that if operations for the drilling of the well are not commenced
				within the time designated, the order shall terminate except as to the payment
				of cash bonuses.
(b)
Affidavit of mailing.
The applicant or other responsible person
				shall file with the Court Clerk, within ten (10) days from the date of the
				pooling order, an affidavit stating that a copy of said order was mailed within
				three (3) days from the date of the order, unless the Commission directs
				otherwise, to all parties of record and respondents whose addresses are known.
				The name and address, if known, of each respondent in the proceeding who has
				not previously been dismissed shall be set out in the affidavit.
(c)
List dismissed person.
The
				pooling order shall list all persons dismissed in the cause.
(d)
Elections.
A pooling order
				shall contain language to the effect that the respondents shall have at least
				twenty (20) days from the date of the order in which to communicate an election
				to the applicant or other responsible person as to the option selected under
				the order, unless the Commission directs otherwise. A respondent in a pooling
				order shall be deemed to have made a timely election if, as provided in the
				pooling order, the respondent has delivered his election by timely mailing as
				indicated by postmark of the U.S. Postal Service on or before the last day
				allowed in the order, or timely delivery as otherwise provided in the pooling
				order. The election shall be directed to the person designated in the pooling
				order to receive elections.
(e)
Escrow accounts.
A pooling order which pools interests of unknown
				or unlocated owners shall contain language to the effect that if any payment of
				bonus, royalty payments, or other payments due and owing under the order cannot
				be made because the person entitled to it cannot be located or is unknown, then
				the bonus, royalty payments, or other payments shall be paid into an escrow
				account in a financial institution within ninety (90) days after the order and
				shall not be commingled with any funds of the applicant or operator; that the
				Commission shall retain jurisdiction to grant to financially solid and stable
				holders an exception to the requirement that funds be paid into an escrow
				account with a financial institution and permit such holder to escrow such
				funds within such holder's organization; that responsibility for filing reports
				with the Commission as required by law and Commission rule as to bonus,
				royalty, or other payments deposited into escrow accounts shall be with the
				applicable holder; that such funds deposited in said escrow accounts shall be
				held for the exclusive use of, and sole benefit of, the person entitled to it;
				and that it shall be the responsibility of the operator to notify all other
				holders of this provision and of Commission rules regarding unclaimed monies
				under pooling orders.
(f)
Exhibit list of respondents.
A pooling order shall contain an
				attached exhibit listing all respondents or interests in the following manner:
(1)
Known respondents.
List all
				known respondents by name and address.
(2)
Unknown and/or unlocatable
				respondents.
List all respondents, with last known address if available,
				or if there are none so state under this section of the exhibit.
(3)
Respondents listed for curative
				reasons only.
List all respondents or if none so state under this
				section of the exhibit.