Determining storage amounts

1. Upon application by an enhanced oil or gas recovery unit operator or a storage operator, the commission, after notice and hearing, shall issue an order determining the amount of injected carbon dioxide stored in a reservoir that has been or is being used for an enhanced oil or gas recovery project or in a storage reservoir that has been or is being used for storage under a permit issued pursuant to North Dakota Century Code chapter 38-22. 2. The applicant shall pay a processing fee for a storage amount determination. The applicant shall pay a processing fee based on the commission's actual processing costs, including computer data processing costs, as determined by the commission. The following procedures and criteria will be utilized in establishing the fee: a. A record of all application processing costs incurred must be maintained by the commission. b. Promptly after receiving an application, the commission shall prepare and submit to the applicant an estimate of the processing fee. c. After the commission's work on the application has concluded, a final statement will be sent to the applicant. The full processing fee must be paid before the commission issues its decision on the application. d. The applicant must pay the processing fee even if the application is denied or withdrawn.