Commission certification of tertiary recovery project

Upon the filing of an application for certification of a qualifying tertiary recovery project, the commission shall promptly set a date for hearing. In determining whether a tertiary recovery project shall be certified as a "qualifying tertiary recovery project", the commission shall determine: 1. Whether the tertiary recovery project meets the requirements of the tertiary recovery methods specified in subsection 6 of North Dakota Century Code section 57-51.1-01; 2. The amount of crude oil which would have been recovered from the unit source of supply if the tertiary recovery project had not been commenced; 3. Whether the tertiary recovery project has achieved for at least one month an average production level of at least fifteen percent above the amount of production which would have been recovered from the unit source of supply (as determined in subsection 2) if the tertiary recovery project had not been commenced; and 4. Whether, for the purposes of the tax exemption, there has been incremental production. The commission shall, upon application or its own motion, have a hearing to determine whether the project operator continues to operate the unit as a qualifying tertiary recovery project.