NDAC 43-02-14-05
Geological storage facility permit hearing
Cite as N.D. Admin. Code ยง 43-02-14-05
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.