North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-14 - GEOLOGICAL STORAGE OF OIL OR GAS › Section 43-02-14-05 - Geological storage facility permit hearing

Current through Supplement No. 393, July, 2024
1. At
				least thirty days before the scheduled hearing, the applicant shall give notice
				of the hearing to persons outlined in North Dakota Century Code
				38-25-04.
2. Notice given by the
				applicant must contain the following:
a. A
				legal description of the land within the oil or gas facility area.
b. The date, time, and place the commission
				will hold a hearing on the permit application.
c. A statement of purpose of the
				application.
d. A statement that a
				digital copy (.pdf format) of the permit may be obtained from the
				commission.
e. A statement that all
				comments regarding the geological storage facility permit application must be
				in writing and submitted to the commission by five p.m. on the last business
				day before the hearing date or presented at the hearing.
f. Storage in an oil and gas reservoir must
				contain:
(1) A statement that amalgamation of
				the pore space within the geological storage reservoir is required to operate
				the geological storage facility, which requires consent of persons who own at
				least fifty-five percent, unless otherwise provided for as outlined in North
				Dakota Century Code section 38-25-05, of the pore space, and a statement that
				the commission may require the pore space owned by nonconsenting owners to be
				included in the geological storage facility.
(2) A statement that unitization of oil and
				gas minerals and oil and gas leases within the geological storage reservoir is
				required to operate the geological storage facility, which requires consent of
				persons who own at least fifty-five percent, unless otherwise provided for as
				outlined in North Dakota Century Code section 38-25-05, of the oil and gas
				minerals and oil and gas leases, and a statement that the commission may
				require the oil and gas minerals and oil and gas leases owned by nonconsenting
				owners to be included in the geological storage facility.
g. Storage in a saline reservoir must contain
				a statement that amalgamation of the pore space within the geological storage
				reservoir is required to operate the geological storage facility, which
				requires consent of persons who own at least sixty percent of the pore space,
				and a statement that the commission may require the pore space owned by
				nonconsenting owners to be included in the geological storage
				facility.
h. Storage in a salt
				cavern must contain:
(1) A statement that
				amalgamation of the pore space within the salt cavern is required to operate
				the geological storage facility, which requires consent of persons who own at
				least sixty percent of the pore space, and a statement that the commission may
				require the pore space owned by nonconsenting owners to be included in the
				geological storage facility.
(2) A
				statement that unitization of salt minerals and salt leases within the salt
				cavern is required to operate the geological storage facility, which requires
				consent of persons who own at least fifty-five percent of the salt minerals and
				salt leases, and a statement that the commission may require the salt minerals
				and salt leases owned by nonconsenting owners to be included in the geological
				storage facility.