WEBVTT 00:00:11.610 --> 00:00:13.100 Okay, good morning. 00:00:13.100 --> 00:00:14.313 Welcome back. 00:00:15.550 --> 00:00:19.210 Nice to see everybody's shining faces in person, actually. 00:00:19.210 --> 00:00:22.090 All right, this meeting of the Railroad Commission of Texas 00:00:22.090 --> 00:00:23.960 will come to order to consider matters 00:00:23.960 --> 00:00:25.780 which have been duly posted 00:00:25.780 --> 00:00:29.095 with the Secretary of State for August 3rd, 2021, 00:00:29.095 --> 00:00:31.710 and our public participation policy, 00:00:31.710 --> 00:00:34.900 anyone desiring to offer public testimony on any items 00:00:34.900 --> 00:00:37.380 that are not noticed on today's agenda 00:00:37.380 --> 00:00:39.410 was required to register in advance 00:00:39.410 --> 00:00:40.650 and we didn't have anybody. 00:00:40.650 --> 00:00:44.620 So, the Commission will now consider items on the agenda 00:00:44.620 --> 00:00:45.810 that were posted. 00:00:45.810 --> 00:00:46.793 Item number one. 00:00:48.380 --> 00:00:50.420 And we've got some online, right? 00:00:50.420 --> 00:00:52.400 I believe the first four are by video. 00:00:52.400 --> 00:00:53.233 Okay. 00:00:54.073 --> 00:00:56.700 Yes, good morning, chairman and Commissioners. 00:00:56.700 --> 00:00:58.927 For the record my name is Sarah Montoya Fogelsong 00:00:58.927 --> 00:01:01.250 and I'm representing the market oversight section 00:01:01.250 --> 00:01:03.854 of the Oversight and Safety Division. 00:01:03.854 --> 00:01:07.080 Item number one is case number 5921. 00:01:07.080 --> 00:01:09.730 The application filed by Atmos Energy Corporation 00:01:09.730 --> 00:01:12.970 for test year 2020 annual interim rate adjustment 00:01:12.970 --> 00:01:15.683 for the unincorporated areas of the Mid-Tex division. 00:01:16.940 --> 00:01:19.440 This case represents the third interim rate adjustment 00:01:19.440 --> 00:01:21.611 since the company's most recent rate case, 00:01:21.611 --> 00:01:24.840 GUD number 10742. 00:01:24.840 --> 00:01:25.980 The adjustment represents 00:01:25.980 --> 00:01:29.123 an incremental increase of $111,211,960 00:01:32.230 --> 00:01:37.230 of which $4,632,119 is recoverable from customers 00:01:38.180 --> 00:01:40.390 subject to the order in this case. 00:01:40.390 --> 00:01:42.870 The recommended adjustment does not include recovery 00:01:42.870 --> 00:01:45.500 of any costs associated with the winter weather event 00:01:45.500 --> 00:01:47.710 of February, 2021. 00:01:47.710 --> 00:01:49.840 Staff recommends approval of the interim rate adjustment, 00:01:49.840 --> 00:01:52.340 and I'm available to answer any questions. 00:01:52.340 --> 00:01:54.969 Thank you, Sarah, are there any questions? 00:01:54.969 --> 00:01:56.920 All right, I move we approve the examiners recommendation. 00:01:56.920 --> 00:01:57.853 Is there a second? 00:01:57.853 --> 00:01:58.686 Second. 00:01:58.686 --> 00:01:59.790 Second by Commissioner Christian, 00:01:59.790 --> 00:02:01.293 all those in favor, say aye. 00:02:01.293 --> 00:02:02.150 Aye. Aye. 00:02:02.150 --> 00:02:04.410 Motion passes, that item's approved. 00:02:04.410 --> 00:02:05.243 Thank you. Thank you. 00:02:05.243 --> 00:02:06.263 And you've got number two. 00:02:07.250 --> 00:02:08.270 Agenda item number two 00:02:08.270 --> 00:02:11.810 is gas utilities docket number 10980. 00:02:11.810 --> 00:02:14.500 The application filed by Border Pipeline, LLC, 00:02:14.500 --> 00:02:18.189 pursuant to Natural Gas Policy Act, Section 311 00:02:18.189 --> 00:02:22.070 for review of the reasonableness of the transportation rate. 00:02:22.070 --> 00:02:24.510 The applicant provided testimony and supporting data 00:02:24.510 --> 00:02:26.340 demonstrating that the requested rate 00:02:26.340 --> 00:02:28.980 does not exceed a cost-based rate. 00:02:28.980 --> 00:02:31.550 Staff recommends approval of the request of rate, 00:02:31.550 --> 00:02:33.940 and I'm available to answer any questions. 00:02:33.940 --> 00:02:36.580 Thank you, Sarah, are there any questions? 00:02:36.580 --> 00:02:38.450 All right, I move we approve the examiner recommendation. 00:02:38.450 --> 00:02:40.380 Is there a second? Second. 00:02:40.380 --> 00:02:42.533 Second by Commissioner- 00:02:42.533 --> 00:02:43.366 Wright. 00:02:43.366 --> 00:02:46.366 (everyone laughing) 00:02:47.327 --> 00:02:49.560 Second by Commissioner Bright. (laughing) 00:02:49.560 --> 00:02:50.648 I know, it's confusing. 00:02:50.648 --> 00:02:52.767 It's making me think this morning. 00:02:52.767 --> 00:02:54.508 All in favor, say aye. 00:02:54.508 --> 00:02:55.760 Aye. Aye. 00:02:55.760 --> 00:02:57.610 Motion passes, that item's approved. 00:02:57.610 --> 00:02:59.831 I do know your name. 00:02:59.831 --> 00:03:01.248 Thank you, Sarah. 00:03:03.000 --> 00:03:03.833 You're reaching the- 00:03:03.833 --> 00:03:05.390 I'm sorry, you're no longer young. 00:03:05.390 --> 00:03:07.034 This happens to me as an old guy. 00:03:07.034 --> 00:03:09.182 It just happens to me. (everyone laughing) 00:03:09.182 --> 00:03:10.084 It could've been worse. 00:03:10.084 --> 00:03:13.386 I didn't call you anything bad, that's a first. 00:03:13.386 --> 00:03:14.219 Almost, almost. 00:03:14.219 --> 00:03:15.760 No. (everyone laughing) 00:03:15.760 --> 00:03:18.490 But you managed to switch sides, so the Wright on the right. 00:03:18.490 --> 00:03:20.823 All right, Sarah, you're number three, thanks. 00:03:21.960 --> 00:03:23.390 Okay. (chuckling) 00:03:23.390 --> 00:03:27.000 Agenda item number three is case number 6942. 00:03:27.000 --> 00:03:29.780 The petition for review of municipal rate action 00:03:29.780 --> 00:03:32.610 at the city of El Paso regarding Texas Gas Services 00:03:32.610 --> 00:03:34.393 2020 interim rate adjustment. 00:03:35.500 --> 00:03:38.730 TGS filed their calendar year 2020 interim rate adjustment 00:03:38.730 --> 00:03:41.150 for the West Texas service area with both the Commission 00:03:41.150 --> 00:03:44.850 and the city of El Paso on March 12th, 2021. 00:03:44.850 --> 00:03:48.893 TGS's IRA at the Commission was assigned case number 6161. 00:03:50.120 --> 00:03:53.300 On June 22nd, the Commission approved case number 6161, 00:03:53.300 --> 00:03:54.860 which was the revised version 00:03:54.860 --> 00:03:57.373 of the company's 2020 interim rate adjustment. 00:03:58.260 --> 00:04:01.900 On June 21st, the city of El Paso issued a motion 00:04:01.900 --> 00:04:03.240 finding that rates identified 00:04:03.240 --> 00:04:05.380 in the company's revised application 00:04:05.380 --> 00:04:07.240 complied with Texas utilities code, 00:04:07.240 --> 00:04:11.430 but also denying TGS's request to implement those rates. 00:04:11.430 --> 00:04:13.773 Based on Commission staff's previous review, 00:04:15.170 --> 00:04:18.060 the Commission approval of case number 6161, 00:04:18.060 --> 00:04:21.280 it is reasonable that the Commission approved TGS's appeal 00:04:21.280 --> 00:04:24.110 and order TGS to institute the same calendar year 00:04:24.110 --> 00:04:26.940 2020 IRA rates in the incorporated areas 00:04:26.940 --> 00:04:28.263 of the city of El Paso. 00:04:29.440 --> 00:04:31.730 Staff recommends approval of this petition for review 00:04:31.730 --> 00:04:34.305 and I'm available to answer any questions. 00:04:34.305 --> 00:04:36.000 Thank you, are there any questions? 00:04:36.000 --> 00:04:39.370 We also have, Mrs. Norman is preregistered 00:04:39.370 --> 00:04:41.053 if there's any questions of her. 00:04:41.930 --> 00:04:42.763 All right? 00:04:42.763 --> 00:04:44.670 I move we approve the examiners recommendation, 00:04:44.670 --> 00:04:46.080 is there a second? Second. 00:04:46.080 --> 00:04:47.580 Second by Commissioner Christian. 00:04:47.580 --> 00:04:49.143 All those in favor, say aye. 00:04:49.143 --> 00:04:49.976 Aye. Aye. 00:04:49.976 --> 00:04:51.883 Motion passes, that item's approved. 00:04:53.310 --> 00:04:55.540 All right, number four, Sarah. 00:04:55.540 --> 00:04:59.140 Agenda item number four is case number 5306. 00:04:59.140 --> 00:05:02.240 The application filed by Permian Highway Pipeline, LLC 00:05:02.240 --> 00:05:05.930 pursuant to Natural Gas Policy Act, Section 311, 00:05:05.930 --> 00:05:07.700 for the review of the reasonableness 00:05:07.700 --> 00:05:09.650 of a transportation rate. 00:05:09.650 --> 00:05:11.950 The applicant provided testimony and supporting data 00:05:11.950 --> 00:05:14.210 demonstrating that the requested rate 00:05:14.210 --> 00:05:17.040 does not exceed a cost-based rate. 00:05:17.040 --> 00:05:19.740 Staff recommends approval of the requested rate. 00:05:19.740 --> 00:05:22.710 I'm available to answer any questions you may have. 00:05:22.710 --> 00:05:24.567 Thank you, are there any questions? 00:05:24.567 --> 00:05:27.290 All right, I move we approve the examiner's recommendation. 00:05:27.290 --> 00:05:28.450 Is there a second? 00:05:28.450 --> 00:05:29.454 Second. 00:05:29.454 --> 00:05:30.287 Second by Commissioner Wright. 00:05:30.287 --> 00:05:31.170 All in favor, say aye. 00:05:31.170 --> 00:05:32.410 Aye. Aye. 00:05:32.410 --> 00:05:34.100 Motion passes, that items are approved. 00:05:34.100 --> 00:05:35.600 Thank you, Sarah. 00:05:35.600 --> 00:05:36.750 Thank you. 00:05:36.750 --> 00:05:38.150 All right, item number five. 00:05:41.730 --> 00:05:42.723 John, good morning. 00:05:46.450 --> 00:05:47.370 That looks fancy. 00:05:47.370 --> 00:05:48.203 It is. 00:05:49.380 --> 00:05:50.740 I've got one over here. 00:05:50.740 --> 00:05:51.790 Yeah, did you not notice? 00:05:51.790 --> 00:05:53.540 No, I was sitting right, I was looking at you. 00:05:53.540 --> 00:05:54.373 Didn't see the thing, 00:05:54.373 --> 00:05:55.430 I didn't know they gave me one over here. 00:05:55.430 --> 00:05:57.710 See, you gotta get back in the groove, right? 00:05:57.710 --> 00:05:59.293 In stereo. That's right. 00:05:59.293 --> 00:06:00.550 Good morning. Good morning. 00:06:00.550 --> 00:06:02.210 Good morning, chairman and Commissioners. 00:06:02.210 --> 00:06:03.780 I'm Administrative Law Judge, John Dotson, 00:06:03.780 --> 00:06:05.510 with the Hearings division. 00:06:05.510 --> 00:06:08.360 Item 5, 5136 consolidated. 00:06:08.360 --> 00:06:09.730 It is a gas utility rate case 00:06:09.730 --> 00:06:12.380 that resulted in a settlement by the parties. 00:06:12.380 --> 00:06:14.540 Applicant CoServ seeks a rate increase 00:06:14.540 --> 00:06:17.090 for the utility service it provides it's Texas customers 00:06:17.090 --> 00:06:19.040 based on the cost of providing service. 00:06:20.290 --> 00:06:21.930 Commission staff intervened as well as 00:06:21.930 --> 00:06:24.880 the steering committee of city served by CoServ. 00:06:24.880 --> 00:06:26.560 Ultimately, the parties reached a settlement, 00:06:26.560 --> 00:06:29.040 resolving all issues and agreeing to a reduced, 00:06:29.040 --> 00:06:31.490 settled annual revenue amount for CoServ 00:06:31.490 --> 00:06:33.083 totaling $6.25 million. 00:06:35.440 --> 00:06:38.290 On July 7th, the proposal for decision was issued by the ALJ 00:06:38.290 --> 00:06:41.030 formally assigned to this case with no exceptions filed. 00:06:41.030 --> 00:06:42.070 Consistent with the PFD, 00:06:42.070 --> 00:06:44.100 the recommendation is to approve the settlement, 00:06:44.100 --> 00:06:45.720 and today is the last scheduled conference 00:06:45.720 --> 00:06:47.580 prior to the deadline for Commission action. 00:06:47.580 --> 00:06:49.570 I'm available for questions. 00:06:49.570 --> 00:06:50.403 Thank you, John. 00:06:50.403 --> 00:06:51.781 Are there any questions at John? 00:06:51.781 --> 00:06:52.786 No. 00:06:52.786 --> 00:06:54.120 We also have someone from CoServ here 00:06:54.120 --> 00:06:56.260 that's preregistered and ready for questions 00:06:56.260 --> 00:06:58.043 if there are any questions of him. 00:06:59.150 --> 00:07:01.860 All right, I move we approve the examiner's recommendation. 00:07:01.860 --> 00:07:03.001 Is there a second? 00:07:03.001 --> 00:07:03.834 Second. 00:07:03.834 --> 00:07:04.830 Second by Commissioner Christian, 00:07:04.830 --> 00:07:06.433 all those in favor, say aye. 00:07:06.433 --> 00:07:07.266 Aye. Aye. 00:07:07.266 --> 00:07:10.097 Motion passes, that item's approved, and number six. 00:07:10.097 --> 00:07:14.660 Item six, GUD 10606 involves discrimination claims 00:07:14.660 --> 00:07:17.560 by prospective shippers, SINOC, against Williams, 00:07:17.560 --> 00:07:19.790 a gas gathering utility pipeline. 00:07:19.790 --> 00:07:21.990 The original PFD was issued last year 00:07:21.990 --> 00:07:23.080 and found multiple acts 00:07:23.080 --> 00:07:25.590 of unlawful discrimination by Williams. 00:07:25.590 --> 00:07:27.280 At the March 4th conference last year, 00:07:27.280 --> 00:07:29.997 the Commission remanded this case for further consideration 00:07:29.997 --> 00:07:32.060 and to reopen the hearing to give the parties 00:07:32.060 --> 00:07:34.110 the opportunity to further develop the record 00:07:34.110 --> 00:07:35.990 with respect to certain shipper comparisons 00:07:35.990 --> 00:07:37.490 specified in the remand order. 00:07:38.420 --> 00:07:40.000 Consistent with the remand order, 00:07:40.000 --> 00:07:41.770 the hearing was reopened in September, 00:07:41.770 --> 00:07:43.570 and SINOC and Williams both did offer 00:07:43.570 --> 00:07:45.690 a considerable volume of new evidence, 00:07:45.690 --> 00:07:48.680 including additional expert witness testimony. 00:07:48.680 --> 00:07:51.360 On June 29th, a supplemental PFD was issued 00:07:51.360 --> 00:07:54.470 that provided the analysis requested in the remand order. 00:07:54.470 --> 00:07:57.960 There was no change of the recommendation for final action. 00:07:57.960 --> 00:08:00.637 The discrimination found pertains to approximately 00:08:00.637 --> 00:08:04.540 $1.6 billion in capital expenditures made by Williams 00:08:04.540 --> 00:08:06.450 and the performance of it's gathering contract 00:08:06.450 --> 00:08:07.860 with its anchor shipper, Chesapeake, 00:08:07.860 --> 00:08:09.343 before SINOC was a customer. 00:08:10.280 --> 00:08:12.210 For the attempted recovery by Williams 00:08:12.210 --> 00:08:13.430 of these past expenses, 00:08:13.430 --> 00:08:16.780 the findings of the supplemental PFD are 00:08:16.780 --> 00:08:19.480 SINOC is not similarly situated to Chesapeake, 00:08:19.480 --> 00:08:22.450 Ex-Co is not similarly situated to Chesapeake, 00:08:22.450 --> 00:08:25.153 SINOC is not similarly situated to Ex-Co, 00:08:25.153 --> 00:08:27.760 and SINOC and Ex-Co both are similarly situated 00:08:27.760 --> 00:08:30.853 to comparison shippers 14, 15, 27 and 33. 00:08:31.960 --> 00:08:34.227 Williams timely filed exceptions to the supplemental PFD 00:08:34.227 --> 00:08:36.970 and SINOC timely filed a reply. 00:08:36.970 --> 00:08:39.790 All filings were reviewed and carefully considered. 00:08:39.790 --> 00:08:41.480 The findings, conclusions, and analysis 00:08:41.480 --> 00:08:42.680 in both the original PFD 00:08:42.680 --> 00:08:44.820 and supplemental PFD are maintained. 00:08:44.820 --> 00:08:46.220 I'm available for questions. 00:08:47.140 --> 00:08:48.907 Thank you, are there any questions? 00:08:48.907 --> 00:08:52.306 And we do have some people that are pre-registered as well. 00:08:52.306 --> 00:08:53.570 Will we hear from anybody? 00:08:53.570 --> 00:08:54.540 No. 00:08:54.540 --> 00:08:57.493 Madam chairman, if it's appropriate, 00:08:58.690 --> 00:09:00.710 I believe this, as the judge is present, 00:09:00.710 --> 00:09:04.100 is a very complex case and quite frankly, 00:09:04.100 --> 00:09:05.880 my staff and I would like a little more time 00:09:05.880 --> 00:09:08.960 to look into this, so I'd like to request 00:09:08.960 --> 00:09:12.395 that we pass this item to the August 24th calendar. 00:09:12.395 --> 00:09:13.228 I think that that's appropriate, 00:09:13.228 --> 00:09:16.170 I would like to continue reviewing it too. 00:09:16.170 --> 00:09:17.267 Thank you, John. 00:09:17.267 --> 00:09:18.850 Thank you 00:09:22.155 --> 00:09:23.910 All right, we've got item number seven. 00:09:23.910 --> 00:09:25.060 Good morning, Veronica. 00:09:30.430 --> 00:09:31.950 Good morning, chairman, Commissioner. 00:09:31.950 --> 00:09:33.880 Veronica Roberto, Administrative Law Judge 00:09:33.880 --> 00:09:35.370 with the Hearings division. 00:09:35.370 --> 00:09:37.300 Item number seven is the application 00:09:37.300 --> 00:09:39.830 by Luminant Mining Company requesting release 00:09:39.830 --> 00:09:43.250 of phase two and three reclamation obligations 00:09:43.250 --> 00:09:48.250 on 497.38 acres within CACI mine, permit number 50 C 00:09:49.650 --> 00:09:52.730 located in Limestone and Robertson county. 00:09:52.730 --> 00:09:55.350 The approved post-mine land use for the subject area 00:09:55.350 --> 00:09:58.530 is pasture land and developed water resources. 00:09:58.530 --> 00:10:01.230 Evidence in the record supports that Luminant has satisfied 00:10:01.230 --> 00:10:04.070 all requirements for the various phases of release. 00:10:04.070 --> 00:10:05.740 After notice, no comments or requests 00:10:05.740 --> 00:10:07.160 for a hearing were received. 00:10:07.160 --> 00:10:10.210 Luminant staff are the only parties to the proceeding. 00:10:10.210 --> 00:10:12.890 No exceptions were filed, no changes to the current bond 00:10:12.890 --> 00:10:14.630 are requested in this docket. 00:10:14.630 --> 00:10:17.570 It is recommended that the request for release be approved 00:10:17.570 --> 00:10:19.830 and that Luminant be eligible to reduce 00:10:19.830 --> 00:10:21.500 the amount of bond for this permit. 00:10:21.500 --> 00:10:22.710 I'm available for questions. 00:10:22.710 --> 00:10:24.370 Thank you, are there any questions? 00:10:24.370 --> 00:10:27.050 Right, I move we approve the examiner's recommendations. 00:10:27.050 --> 00:10:28.450 Is there are second? Second. 00:10:28.450 --> 00:10:29.670 Second by Commissioner Wright. 00:10:29.670 --> 00:10:30.970 All those in favor, say aye. 00:10:30.970 --> 00:10:32.253 Aye. Aye. 00:10:34.630 --> 00:10:36.590 Let's see, motion passes, that item's approved 00:10:36.590 --> 00:10:37.717 and you've got the next one. 00:10:37.717 --> 00:10:40.230 Item number eight is the application 00:10:40.230 --> 00:10:42.440 by the Sabinee Mining Company 00:10:42.440 --> 00:10:45.680 for release of phase one reclamation obligations 00:10:45.680 --> 00:10:49.770 on 269.3 acres within Russ mine, 00:10:49.770 --> 00:10:52.910 permit number 55 A, located in Harrison, 00:10:52.910 --> 00:10:54.210 Rusk, and Panola counties. 00:10:55.670 --> 00:10:58.060 Evidence in the record supports that Sabinee has satisfied 00:10:58.060 --> 00:11:00.160 all the requirements for phase one release. 00:11:00.160 --> 00:11:02.230 After notice, no comments or requests 00:11:02.230 --> 00:11:03.660 for a hearing were received. 00:11:03.660 --> 00:11:06.430 Sabine and staff are the only parties to the proceeding. 00:11:06.430 --> 00:11:07.990 No exceptions were filed, 00:11:07.990 --> 00:11:10.440 no changes to the current bond are requested, 00:11:10.440 --> 00:11:13.329 it is recommended that the request for a release be approved 00:11:13.329 --> 00:11:14.990 and that Sabine be eligible 00:11:14.990 --> 00:11:17.470 to reduce the amount of bond for this permit. 00:11:17.470 --> 00:11:18.946 I'm available for questions. 00:11:18.946 --> 00:11:21.090 Thank you, Veronica, are there any questions? 00:11:21.090 --> 00:11:23.280 Right, I move we approve the examiner's recommendations. 00:11:23.280 --> 00:11:25.120 Is there are second? Second. 00:11:25.120 --> 00:11:26.420 Second by Commissioner Christian. 00:11:26.420 --> 00:11:27.636 All those in favor, say aye. 00:11:27.636 --> 00:11:28.830 Aye. Aye. 00:11:28.830 --> 00:11:30.290 Motion passes, that item's approved. 00:11:30.290 --> 00:11:31.647 Thank you very much. 00:11:31.647 --> 00:11:33.543 All right, item number nine. 00:11:38.340 --> 00:11:40.120 Good morning, chairman and Commissioners. 00:11:40.120 --> 00:11:41.350 My name is Austin Gascamp, 00:11:41.350 --> 00:11:44.010 Technical Examiner for the Hearings division. 00:11:44.010 --> 00:11:45.520 Item number nine is the application 00:11:45.520 --> 00:11:47.490 of Abraxis Petroleum Corporation 00:11:47.490 --> 00:11:51.260 pursuant to Statewide rule 46 for a permit to inject fluid 00:11:51.260 --> 00:11:53.550 into a reservoir productive of oil gas 00:11:53.550 --> 00:11:58.100 for the 9406 JVP Taurus Leads well number one 00:11:58.100 --> 00:12:01.720 in the Taurus Devonian Field in Ward County, Texas. 00:12:01.720 --> 00:12:03.750 This non-commercial well will be used to dispose 00:12:03.750 --> 00:12:06.790 of Abraxis' produced water and reduce its disposal 00:12:06.790 --> 00:12:09.740 and transport costs, thereby reducing operating costs 00:12:09.740 --> 00:12:12.340 and extending the life of producing wells it serves. 00:12:13.470 --> 00:12:14.850 Protestant, Leon Greenblatt, 00:12:14.850 --> 00:12:17.310 contends the proposed injection wells surface casing 00:12:17.310 --> 00:12:19.080 does not extend to the depths 00:12:19.080 --> 00:12:22.380 where the Capitan Reef is stratographically located, 00:12:22.380 --> 00:12:24.930 and therefore the proposed injection well will not be 00:12:24.930 --> 00:12:27.980 protective of the Capitan Reef aquifer. 00:12:27.980 --> 00:12:30.510 Abraxis presented evidence that the fluids injected 00:12:30.510 --> 00:12:33.680 into the Devonian formation would be confined 00:12:33.680 --> 00:12:37.120 by the Woodford shale located above and the Cilirian shale 00:12:37.120 --> 00:12:39.510 located beneath the proposed injection interval. 00:12:39.510 --> 00:12:41.240 Abraxis maintained in the hearing 00:12:41.240 --> 00:12:43.500 that the proposed well casing has met 00:12:44.470 --> 00:12:46.540 Statewide rule 13 requirements 00:12:46.540 --> 00:12:49.010 to protect usable quality water with surface 00:12:49.010 --> 00:12:50.980 and intermediate casing and cement 00:12:50.980 --> 00:12:54.630 from the surface to a depth at 12,569 feet. 00:12:54.630 --> 00:12:56.260 The examiners recommend approval 00:12:56.260 --> 00:12:59.020 of Abraxis Petroleum Corporation's application, 00:12:59.020 --> 00:13:00.620 and I'm available for questions. 00:13:02.060 --> 00:13:03.540 Thank you, are there any questions? 00:13:03.540 --> 00:13:06.703 Chairman, I need to recuse myself from this one. 00:13:06.703 --> 00:13:09.540 This is a case that my general counsel worked on, 00:13:09.540 --> 00:13:10.858 Christopher Hotchkiss, 00:13:10.858 --> 00:13:13.640 and just don't feel good about voting on that, 00:13:13.640 --> 00:13:17.530 so although I'd be impartial, I'm asked to be recused. 00:13:17.530 --> 00:13:19.770 Okay, I appreciate that, thank you. 00:13:19.770 --> 00:13:20.603 Are there any other questions? 00:13:20.603 --> 00:13:21.436 No. 00:13:21.436 --> 00:13:22.767 All right. 00:13:22.767 --> 00:13:24.270 I move we approve the examiners recommendation. 00:13:24.270 --> 00:13:25.600 Is there a second? Second. 00:13:25.600 --> 00:13:27.140 Second by Commissioner Christian. 00:13:27.140 --> 00:13:28.260 All those in favor, say aye. 00:13:28.260 --> 00:13:29.330 Aye. Aye. 00:13:29.330 --> 00:13:33.070 Motion passes with one extension, that items approved. 00:13:33.070 --> 00:13:34.470 Thank you very much, Austin. 00:13:41.123 --> 00:13:42.030 Good morning, Christie. 00:13:42.030 --> 00:13:43.390 Good morning. 00:13:43.390 --> 00:13:44.980 Chairman, Commissioners, Christy Reeve, 00:13:44.980 --> 00:13:47.330 Administrative Law Judge with the Hearings division. 00:13:47.330 --> 00:13:51.250 I'll be presenting items number 10 through 12. 00:13:51.250 --> 00:13:54.530 Item number 10 is the results of an application for a waiver 00:13:54.530 --> 00:13:56.350 or as is allowed by the rule, 00:13:56.350 --> 00:14:00.440 an exception to Statewide rule 86-G6, 00:14:00.440 --> 00:14:04.490 which requires drilled plats or astral plats to be certified 00:14:04.490 --> 00:14:07.150 by a registered professional land surveyor 00:14:07.150 --> 00:14:09.163 or registered professional engineer. 00:14:10.050 --> 00:14:11.930 Rocking Horse requested to be able to use 00:14:11.930 --> 00:14:14.900 the same land surveyor who provided the plats 00:14:14.900 --> 00:14:16.060 for the drilling permits, 00:14:16.060 --> 00:14:19.530 who is not a registered professional land surveyor. 00:14:19.530 --> 00:14:22.960 Statewide rule 86-H allows for an exception 00:14:22.960 --> 00:14:26.150 to prevent waste, prevent confiscation, 00:14:26.150 --> 00:14:28.320 or protect corelative rights. 00:14:28.320 --> 00:14:31.050 Rocking Horse failed to provide any evidence to support 00:14:31.050 --> 00:14:33.410 that it qualified for an exception. 00:14:33.410 --> 00:14:37.060 It is recommended the Commission deny Rocking Horse request. 00:14:37.060 --> 00:14:39.840 No exceptions were filed to the proposal for decision 00:14:39.840 --> 00:14:41.977 and I'm available for questions. 00:14:41.977 --> 00:14:44.414 Thank you, are there any questions? 00:14:44.414 --> 00:14:46.540 All right, I move we approve the examiner's recommendations. 00:14:46.540 --> 00:14:47.876 Is there are second? 00:14:47.876 --> 00:14:48.709 Second. 00:14:48.709 --> 00:14:49.860 Second by Commissioner Wright. 00:14:49.860 --> 00:14:51.250 All those in favor, say aye. 00:14:51.250 --> 00:14:52.610 Aye. Aye. 00:14:52.610 --> 00:14:54.123 Motion passed, that item's approved. 00:14:54.123 --> 00:14:56.920 And 11 and 12 you're doing together. 00:14:56.920 --> 00:14:57.753 Yes ma'am, I am 00:14:57.753 --> 00:14:58.586 Great. 00:14:58.586 --> 00:15:00.760 And they will only require one vote as it's one order. 00:15:00.760 --> 00:15:01.660 Okay. 00:15:02.900 --> 00:15:06.320 Tisuki Oil and Gas filed two single signature P4s 00:15:06.320 --> 00:15:07.940 seeking to be designated the operator 00:15:07.940 --> 00:15:09.490 of the subject leases. 00:15:09.490 --> 00:15:11.080 The current operator of record, 00:15:11.080 --> 00:15:14.180 True Star Operating Company, filed a protest. 00:15:14.180 --> 00:15:15.530 True Star failed to provide 00:15:15.530 --> 00:15:19.210 a reasonably satisfactory showing of a good faith claim. 00:15:19.210 --> 00:15:21.940 Additionally, True Star's P5 organization report 00:15:21.940 --> 00:15:24.873 is delinquent, prohibiting True Star from operating. 00:15:25.757 --> 00:15:28.400 Tisuki provided a reasonably satisfactory showing 00:15:28.400 --> 00:15:31.170 of a good faith claim, sufficient to be named the operator 00:15:31.170 --> 00:15:33.630 of record of the leases and wells. 00:15:33.630 --> 00:15:36.020 It is recommended the Commission find Tisuki 00:15:36.020 --> 00:15:38.360 has provided a reasonably satisfactory showing 00:15:38.360 --> 00:15:40.090 of a good faith claim 00:15:40.090 --> 00:15:42.460 and approve to suit these applications. 00:15:42.460 --> 00:15:45.560 No exceptions were filed, I'm available for questions. 00:15:45.560 --> 00:15:47.770 Thank you, are there any questions? 00:15:47.770 --> 00:15:50.160 Right, I move we approve the examiner's recommendations 00:15:50.160 --> 00:15:51.810 for items 11 and 12. 00:15:51.810 --> 00:15:53.210 Is there are second? Second. 00:15:53.210 --> 00:15:54.730 Second by Commissioner Christian. 00:15:54.730 --> 00:15:55.810 All those in favor, say aye. 00:15:55.810 --> 00:15:56.930 Aye. Aye. 00:15:56.930 --> 00:15:58.780 Motion passes, those items are approved. 00:15:58.780 --> 00:15:59.819 Thank you. 00:15:59.819 --> 00:16:01.652 Thank you. 00:16:04.020 --> 00:16:05.227 13, 14. 00:16:05.227 --> 00:16:06.120 Good morning, Jennifer. 00:16:06.120 --> 00:16:07.480 Good morning, chairman and Commissioners. 00:16:07.480 --> 00:16:08.313 Good morning. 00:16:08.313 --> 00:16:10.160 I am Jennifer Cook, Administrative Law Judge, 00:16:10.160 --> 00:16:12.150 with the Hearings division. 00:16:12.150 --> 00:16:14.290 I am presenting items 13 and 14 together 00:16:14.290 --> 00:16:17.393 and both are in one order and require one vote. 00:16:18.250 --> 00:16:22.300 In items 13 and 14 Lonestar Mineral Development, LLC 00:16:22.300 --> 00:16:24.930 filed single signature form P4s request 00:16:24.930 --> 00:16:28.223 to get the designated operator for the subject wells. 00:16:29.070 --> 00:16:32.910 Dallas Petroleum Group, LLC, the current operator of record 00:16:32.910 --> 00:16:35.773 protests the requested transfers to Lonestar. 00:16:36.780 --> 00:16:39.700 Lonestar maintained it has oil and gas leases 00:16:39.700 --> 00:16:43.280 covering the mineral interest where the wells are located. 00:16:43.280 --> 00:16:47.270 It also asserts Dallas Petroleum has no mineral rights, 00:16:47.270 --> 00:16:48.630 does not end the surface track 00:16:48.630 --> 00:16:50.730 and thus does not have a good faith claim. 00:16:51.890 --> 00:16:54.760 Dallas Petroleum acknowledges the contractual leases 00:16:54.760 --> 00:16:59.760 relied upon in the past to operate the wells has terminated 00:16:59.760 --> 00:17:02.753 and there has been no production since 2015. 00:17:03.650 --> 00:17:07.460 Instead, Dallas Petroleum claims it owns the surface tract 00:17:07.460 --> 00:17:10.350 where the wells are located and owns the well bores 00:17:10.350 --> 00:17:11.620 and plans to use the wells 00:17:11.620 --> 00:17:14.373 for commercial disposal or water wells, 00:17:15.370 --> 00:17:18.100 however, the documentation relied on by Dallas Petroleum 00:17:18.100 --> 00:17:22.050 does not identify or describe any surface tract 00:17:22.050 --> 00:17:24.000 on the list of assets conveyed, 00:17:24.000 --> 00:17:26.820 it does not describe the surface tract issue. 00:17:26.820 --> 00:17:30.513 It is also not signed by the owner of the tract, Sanchez. 00:17:31.701 --> 00:17:33.350 Sanchez denies it conveyed 00:17:33.350 --> 00:17:35.740 the surface tract to Dallas Petroleum. 00:17:35.740 --> 00:17:38.226 Sanchez continued to pay the property taxes 00:17:38.226 --> 00:17:43.226 on the surface tract after the alleged conveyance in 2017 00:17:43.480 --> 00:17:45.650 and through 2020. 00:17:45.650 --> 00:17:48.890 Dallas Petroleum did not attempt to pay property tax 00:17:48.890 --> 00:17:51.740 on the surface until the month of the hearing of this case, 00:17:51.740 --> 00:17:53.543 which was January, 2021. 00:17:54.670 --> 00:17:56.120 It is recommended that the Commission 00:17:56.120 --> 00:17:58.520 find Dallas Petroleum did not provide 00:17:58.520 --> 00:18:01.144 a reasonably satisfactory showing it has a good faith claim 00:18:01.144 --> 00:18:03.140 to operate the wells. 00:18:03.140 --> 00:18:05.750 Lonestar did establish a good faith claim 00:18:05.750 --> 00:18:09.190 to operate the wells and approve Lonestar's applications 00:18:09.190 --> 00:18:11.320 to transfer the wells to Lonestar 00:18:11.320 --> 00:18:13.683 as the Commission operator of record. 00:18:13.683 --> 00:18:17.380 (indistinct) were filed and I'm available for questions. 00:18:17.380 --> 00:18:19.830 Thank you. Are there any questions at Jennifer? 00:18:20.670 --> 00:18:22.170 Right, and we also have some people 00:18:22.170 --> 00:18:24.743 from Dallas Petroleum that are preregistered, 00:18:24.743 --> 00:18:26.613 does anybody have any questions at them? 00:18:27.470 --> 00:18:29.880 Right, I move we approve the examiner's recommendation 00:18:29.880 --> 00:18:31.849 for items 13 and 14. 00:18:31.849 --> 00:18:33.320 Is there are second? Second. 00:18:33.320 --> 00:18:34.710 Second by Commissioner Wright. 00:18:34.710 --> 00:18:36.003 All those in favor, say aye. 00:18:36.003 --> 00:18:37.170 Aye. Aye. 00:18:37.170 --> 00:18:38.830 Motion passes, those items are approved. 00:18:38.830 --> 00:18:40.085 Thank you, Jennifer. 00:18:40.085 --> 00:18:40.918 Item 15. 00:18:43.414 --> 00:18:45.870 Good morning, Joe. 00:18:45.870 --> 00:18:47.797 Good morning, chairman, Commissioners, 00:18:47.797 --> 00:18:49.740 and for the record, Joe Minafee, 00:18:49.740 --> 00:18:51.920 paralegal with the Hearings division. 00:18:51.920 --> 00:18:55.560 I'll be presenting items 15 through 17, 00:18:55.560 --> 00:18:58.833 all of which are P5 motions for rehearing 00:18:58.833 --> 00:19:01.500 filed as a result of a final order, 00:19:01.500 --> 00:19:04.720 denying renewal of the operators P5 00:19:04.720 --> 00:19:09.000 because of wells noncompliant with Statewide rule 15. 00:19:09.000 --> 00:19:12.540 Item number 15, in its motion for rehearing, 00:19:12.540 --> 00:19:16.140 Womack Operating, LLC states its failure 00:19:16.140 --> 00:19:19.770 to request a hearing was due to its inability 00:19:19.770 --> 00:19:22.920 to maintain at full-time staff, 00:19:22.920 --> 00:19:26.510 that compliance is eminent, and that granting the rehearing 00:19:26.510 --> 00:19:29.040 will not delay or injure their Commission. 00:19:29.040 --> 00:19:33.640 Staff opposes the motion, one well remains noncompliant 00:19:33.640 --> 00:19:38.640 with Statewide rule 15 due to an H-15 related issue. 00:19:39.000 --> 00:19:41.390 It is recommended the motion be denied. 00:19:41.390 --> 00:19:44.270 The motion will be overruled by operation of law 00:19:44.270 --> 00:19:46.140 on September 16th. 00:19:46.140 --> 00:19:47.870 I'm available for questions. 00:19:47.870 --> 00:19:50.020 Thank you, are there any questions? 00:19:50.020 --> 00:19:52.410 I move we approve the examiner's recommendation. 00:19:52.410 --> 00:19:53.617 Is there a second? 00:19:53.617 --> 00:19:54.450 Second. 00:19:54.450 --> 00:19:55.780 Second by Commissioner Christian. 00:19:55.780 --> 00:19:57.176 All in favor, say aye. 00:19:57.176 --> 00:19:58.180 Aye. Aye. 00:19:58.180 --> 00:19:59.787 Motion passes, that item's approved. 00:19:59.787 --> 00:20:01.530 Number 16 00:20:01.530 --> 00:20:02.900 Item number 16. 00:20:02.900 --> 00:20:07.900 In it's motion for rehearing, Amen Oil, LLC states 00:20:07.990 --> 00:20:11.980 that it is almost compliant and that they should have 00:20:11.980 --> 00:20:16.370 all documentation and payments made very shortly. 00:20:16.370 --> 00:20:18.630 Staff opposes the motion, 00:20:18.630 --> 00:20:23.180 25 Wells remain noncompliant with Statewide rule 15. 00:20:23.180 --> 00:20:25.730 It is recommended the motion be denied. 00:20:25.730 --> 00:20:27.050 The motion will be overruled 00:20:27.050 --> 00:20:30.350 by operation of law on September 16th. 00:20:30.350 --> 00:20:31.750 I'm available for questions. 00:20:32.800 --> 00:20:33.633 Thank you, Joe. 00:20:33.633 --> 00:20:36.690 Originally it had 47, so they've gotten some done? 00:20:36.690 --> 00:20:37.523 They did. 00:20:37.523 --> 00:20:38.356 Okay. 00:20:38.356 --> 00:20:40.820 All right, thank you are there any other questions? 00:20:40.820 --> 00:20:43.260 Right, I move we approve the examiner's recommendations. 00:20:43.260 --> 00:20:45.453 Is there are second? Second. 00:20:45.453 --> 00:20:46.450 Second by Commissioner Wright. 00:20:46.450 --> 00:20:47.809 All those in favor, say aye. 00:20:47.809 --> 00:20:50.080 Aye. Aye. 00:20:50.080 --> 00:20:51.503 Motion passes, that item's approved. 00:20:51.503 --> 00:20:53.360 Item number 17. 00:20:53.360 --> 00:20:54.653 Item number 17. 00:20:54.653 --> 00:20:58.920 In it's motion for rehearing, Bacon Energy states 00:20:58.920 --> 00:21:01.470 it has gathered all the paperwork, 00:21:01.470 --> 00:21:06.030 but neglected to complete all required obligations. 00:21:06.030 --> 00:21:08.310 Staff opposes the motion, 00:21:08.310 --> 00:21:12.730 43 Wells remain noncompliant with Statewide rule 15. 00:21:12.730 --> 00:21:15.090 It is recommended the motion be denied. 00:21:15.090 --> 00:21:16.440 The motion will be overruled 00:21:16.440 --> 00:21:19.830 by operation of law on September 16th. 00:21:19.830 --> 00:21:21.550 I'm available for questions. 00:21:21.550 --> 00:21:23.500 Thank you, are there any questions? 00:21:23.500 --> 00:21:25.810 Right, I move we approve the examiner's recommendations. 00:21:25.810 --> 00:21:27.180 Is there are second? Second. 00:21:27.180 --> 00:21:28.730 Second by Commissioner Christian. 00:21:28.730 --> 00:21:29.993 All those in favor, say aye. 00:21:29.993 --> 00:21:30.826 Aye. Aye. 00:21:30.826 --> 00:21:32.510 Motion passes that item through. 00:21:32.510 --> 00:21:33.343 Thank you. 00:21:34.590 --> 00:21:39.160 All right, let's move to the oil and gas Consent Agenda. 00:21:39.160 --> 00:21:44.071 Those are items 18 through 150 and we've got 00:21:44.071 --> 00:21:46.880 before we get down on these items, 00:21:46.880 --> 00:21:50.460 we've got somebody here to testify if we need 00:21:50.460 --> 00:21:53.621 on items 48 through 52, 00:21:53.621 --> 00:21:56.190 is there gonna be any questions on those? 00:21:56.190 --> 00:22:01.190 All right, so we've got items 18 through 150. 00:22:01.922 --> 00:22:03.083 Are there any questions or comments? 00:22:04.190 --> 00:22:06.890 I have some comments on these, chairman, 00:22:06.890 --> 00:22:08.890 I know that comes as a shock to you, but 00:22:11.059 --> 00:22:12.960 I just want to say first the good news, 00:22:12.960 --> 00:22:14.950 there were multiple operators who have reduced 00:22:14.950 --> 00:22:18.110 their flaring volumes by upwards of 98%. 00:22:18.110 --> 00:22:20.380 In addition, the examiners are doing a great job 00:22:20.380 --> 00:22:22.980 of reducing the exception terms. 00:22:22.980 --> 00:22:25.020 From a commonly requested two year term 00:22:25.020 --> 00:22:28.460 down to an 18 month term or even a 12 month term. 00:22:28.460 --> 00:22:30.700 Shorter terms allow the Commission to better understand 00:22:30.700 --> 00:22:33.914 the direction the operator's heading with regard to flaring. 00:22:33.914 --> 00:22:36.360 Next, the potentially good news, 00:22:36.360 --> 00:22:39.900 several operators specifically in items number 23, 00:22:39.900 --> 00:22:43.240 32 through 34, 48 through 52, 00:22:43.240 --> 00:22:45.980 all specifically include the intention of connecting 00:22:45.980 --> 00:22:49.460 with a midstream takeaway operator in the near future. 00:22:49.460 --> 00:22:52.120 While this is potentially very promising, 00:22:52.120 --> 00:22:55.320 we need to ensure these connections actually happen. 00:22:55.320 --> 00:22:58.290 Therefore, I'm asking the respective examiners 00:22:58.290 --> 00:23:01.610 for those items to follow up with these particular operators 00:23:01.610 --> 00:23:04.380 and let me know when the connections are made. 00:23:04.380 --> 00:23:06.360 What happens in this querying exception term 00:23:06.360 --> 00:23:08.980 may affect whether future exceptions are granted, 00:23:08.980 --> 00:23:11.510 at least as far as I'm concerned. 00:23:11.510 --> 00:23:13.500 Finally, the less than good news, 00:23:13.500 --> 00:23:15.900 there was at least one instance in item number 90 00:23:15.900 --> 00:23:17.700 in which the operator is not connected 00:23:17.700 --> 00:23:20.240 to a takeaway provider, at least in part 00:23:20.240 --> 00:23:24.420 because there are contaminants in it's natural gas. 00:23:24.420 --> 00:23:26.590 According to the materials in our binder, 00:23:26.590 --> 00:23:29.080 the operator has clearly investigated options 00:23:29.080 --> 00:23:30.940 for the marketing of it's gas, 00:23:30.940 --> 00:23:35.070 but has not as of yet found any solutions. 00:23:35.070 --> 00:23:39.790 I would strongly suggest that if this operator 00:23:39.790 --> 00:23:42.280 cannot fully utilize it's gas for lease use, 00:23:42.280 --> 00:23:47.130 that it contact a third vendor to help utilize its gas 00:23:47.130 --> 00:23:49.330 for useful purposes, 00:23:49.330 --> 00:23:52.080 otherwise the gas is simply being wasted. 00:23:52.080 --> 00:23:54.420 I'm not inclined to vote to consistently approve 00:23:54.420 --> 00:23:57.720 a flaring exception where no improvement is noted. 00:23:57.720 --> 00:23:59.050 That's my comments. 00:23:59.050 --> 00:24:00.060 Thank you. 00:24:00.060 --> 00:24:01.273 Madam chairman. 00:24:02.589 --> 00:24:04.560 I want Commissioner Wright, 00:24:04.560 --> 00:24:06.165 you might want to meet him before the day's out. 00:24:06.165 --> 00:24:07.480 I know, I know, (everyone laughing) 00:24:07.480 --> 00:24:08.870 But he's on the left side. 00:24:08.870 --> 00:24:11.610 That's true, we hadn't met in person I think in forever, 00:24:11.610 --> 00:24:12.880 so if you see him, 00:24:12.880 --> 00:24:13.713 18 months. That's right. 00:24:13.713 --> 00:24:15.910 Anyhow, I appreciate the work he's doing 00:24:15.910 --> 00:24:19.300 in the monitoring over this and flaring has been an issue, 00:24:19.300 --> 00:24:24.300 but I want to express my appreciation to the industry, 00:24:24.353 --> 00:24:25.730 to the work they're doing 00:24:25.730 --> 00:24:27.690 and to the railroad Commission staff 00:24:27.690 --> 00:24:30.040 and point out that over the last three years, 00:24:30.040 --> 00:24:32.190 we have reduced flaring in the state of Texas, 00:24:32.190 --> 00:24:35.320 the entire state, by over 1% a year. 00:24:35.320 --> 00:24:38.260 And the last I was reported to about a month or so ago, 00:24:38.260 --> 00:24:40.450 right now, flaring allowed in the state of Texas 00:24:40.450 --> 00:24:42.270 of all of the natural gas being produced 00:24:42.270 --> 00:24:45.220 is seven hundredths of 1%. 00:24:45.220 --> 00:24:50.220 And I wanted to make that a issue is that they have invented 00:24:51.410 --> 00:24:53.720 on Wall Street called environmentally social 00:24:53.720 --> 00:24:56.990 and governance funds that have withdrawn at last count, 00:24:56.990 --> 00:24:59.430 over 17 trillion with a tenant, 00:24:59.430 --> 00:25:01.701 one third of them cash available from banks 00:25:01.701 --> 00:25:04.600 and from financial companies have been removed 00:25:04.600 --> 00:25:06.774 from access by the oil and gas industry 00:25:06.774 --> 00:25:09.170 over largely the argument 00:25:09.170 --> 00:25:12.970 that we are polluting the environment through flaring. 00:25:12.970 --> 00:25:15.020 And when you sit back and look at the facts of this, 00:25:15.020 --> 00:25:17.140 that seven hundredths of 1%, 00:25:17.140 --> 00:25:19.280 the railroad Commissioner, right? 00:25:19.280 --> 00:25:21.680 All of us are doing the right thing for flaring 00:25:21.680 --> 00:25:25.380 by decreasing it and while there is definitely something 00:25:25.380 --> 00:25:27.060 we will continue to control, 00:25:27.060 --> 00:25:29.790 the evidence is that industry is controlling 00:25:29.790 --> 00:25:32.400 and decreasing flaring as we speak. 00:25:32.400 --> 00:25:34.360 So we're headed in the right direction 00:25:34.360 --> 00:25:35.690 and I just want point out, 00:25:35.690 --> 00:25:40.690 when the extremists have to use seven hundredths of 1% 00:25:42.080 --> 00:25:44.560 as a reason to condemn the oil and gas industry, 00:25:44.560 --> 00:25:48.900 it shows how empty their scalberts are for any true guns 00:25:48.900 --> 00:25:51.220 or weapons against us at this point, 00:25:51.220 --> 00:25:55.347 and there is reason to question all of the quote, 00:25:55.347 --> 00:25:58.880 "settled science" that our constituents are hearing. 00:25:58.880 --> 00:26:01.830 And I would encourage our industry, our companies, 00:26:01.830 --> 00:26:04.460 to put on their big boy and girl witches, 00:26:04.460 --> 00:26:06.190 and let's stand up and fight this thing, 00:26:06.190 --> 00:26:10.180 and stand up for what we know the truth is, 00:26:10.180 --> 00:26:15.180 not the myths that have been created by such extremists. 00:26:15.860 --> 00:26:16.693 Thank you. 00:26:16.693 --> 00:26:17.760 Thank you. 00:26:17.760 --> 00:26:18.902 Thank you. 00:26:18.902 --> 00:26:21.270 You know, again, I want to say, and thank our examiners. 00:26:21.270 --> 00:26:22.950 I think you guys have done a wonderful job. 00:26:22.950 --> 00:26:25.830 I want to thank our producers for the progress we've made 00:26:25.830 --> 00:26:28.430 in getting our flaring down. 00:26:28.430 --> 00:26:30.870 I think that it is important though, 00:26:30.870 --> 00:26:34.080 to recognize that we continue to try to find 00:26:34.080 --> 00:26:35.770 more of a market for our natural gas 00:26:35.770 --> 00:26:39.280 so that it helps improve our economy even better, 00:26:39.280 --> 00:26:40.810 and I couldn't agree with you more, 00:26:40.810 --> 00:26:43.830 I think that the industry is showing 00:26:43.830 --> 00:26:46.910 the investment community a lot this year, 00:26:46.910 --> 00:26:48.930 as far as return on the dollar 00:26:48.930 --> 00:26:51.630 and I'm very proud of the direction that it's heading. 00:26:53.300 --> 00:26:54.470 Thank you both for your comments, 00:26:54.470 --> 00:26:55.630 I think we've come a long way 00:26:55.630 --> 00:26:58.230 and are continuing to go the right direction, 00:26:58.230 --> 00:27:01.739 without a lot of unnecessary regulation some days, right? 00:27:01.739 --> 00:27:03.153 Very true. 00:27:03.153 --> 00:27:08.153 All right, so I move that we approve items 18 through 150. 00:27:09.130 --> 00:27:10.357 Is there a second? 00:27:12.423 --> 00:27:13.256 Second. 00:27:13.256 --> 00:27:14.498 Second by Commissioner Wright. 00:27:14.498 --> 00:27:16.713 All in favor, say aye. 00:27:16.713 --> 00:27:17.546 Aye. Aye. 00:27:17.546 --> 00:27:19.670 Motion passes, those items are approved. 00:27:19.670 --> 00:27:23.393 We're going to rule 15, inactive wells. 00:27:24.770 --> 00:27:28.315 Let's see, we've got item number 158 00:27:28.315 --> 00:27:30.640 is now in compliance, correct? 00:27:30.640 --> 00:27:35.640 Okay, so we have 24 items on this part of the docket. 00:27:36.200 --> 00:27:41.200 Items 151 through 175, except for item 158, 00:27:42.160 --> 00:27:43.920 I move we approve those items. 00:27:43.920 --> 00:27:45.370 Is there a second? 00:27:45.370 --> 00:27:46.203 Second. 00:27:46.203 --> 00:27:47.240 Second by Commissioner Christian. 00:27:47.240 --> 00:27:48.400 All those in favor, say aye. 00:27:48.400 --> 00:27:49.852 Aye. Aye. 00:27:49.852 --> 00:27:52.650 Motion passes, those items are approved. 00:27:52.650 --> 00:27:54.577 We'll go into master default orders. 00:27:56.328 --> 00:28:00.110 Items 176 through 183, there are eight of those. 00:28:00.110 --> 00:28:03.550 I move we approve items 176 through 183. 00:28:03.550 --> 00:28:04.980 Is there a second? Second. 00:28:04.980 --> 00:28:06.490 Second by Commissioner Wright. 00:28:06.490 --> 00:28:07.530 All in favor say aye. 00:28:07.530 --> 00:28:09.030 Aye. Aye. 00:28:09.030 --> 00:28:10.814 Motion passes, those items are approved. 00:28:10.814 --> 00:28:15.507 Agreed enforcement orders, items 184 through 326. 00:28:16.510 --> 00:28:20.040 There are 143 agreed enforcement orders. 00:28:20.040 --> 00:28:23.640 I move we approve items 184 through 326. 00:28:23.640 --> 00:28:25.477 Is there a second? 00:28:25.477 --> 00:28:26.310 Second. 00:28:26.310 --> 00:28:27.390 Second by Commissioner Christian, 00:28:27.390 --> 00:28:28.570 All those in favor, say aye. 00:28:28.570 --> 00:28:29.580 Aye. Aye. 00:28:29.580 --> 00:28:31.780 Motion passes, those items are approved. 00:28:31.780 --> 00:28:34.330 That concludes the hearing section matters 00:28:34.330 --> 00:28:36.880 and we'll now take up our administrative agenda, 00:28:36.880 --> 00:28:39.640 which is 327. 00:28:39.640 --> 00:28:40.776 Wang, good morning. 00:28:40.776 --> 00:28:41.609 Good morning. 00:28:41.609 --> 00:28:42.450 Good morning, chairman Commissioner. 00:28:42.450 --> 00:28:45.190 For the record, Wey Wang, executive director. 00:28:45.190 --> 00:28:49.580 I'm here to provide a report on the agency's operation 00:28:49.580 --> 00:28:53.600 and I'm glad to let you know that as of last week, 00:28:53.600 --> 00:28:56.180 we have met or seated at least 10 00:28:56.180 --> 00:28:58.140 of the performance measures already 00:28:58.140 --> 00:29:01.280 a month ahead of the year end, and there are a couple 00:29:01.280 --> 00:29:04.210 I just want to highlight on gas inspections. 00:29:04.210 --> 00:29:07.203 Our target for the year is 189,000. 00:29:08.100 --> 00:29:11.560 Right around their inspections and as of last Friday, 00:29:11.560 --> 00:29:15.210 we have conducted 274,000. 00:29:15.210 --> 00:29:20.210 So, exceeding the target by about 80,000 inspections, 00:29:20.720 --> 00:29:25.720 and for well plugging, we had plugged so far 1,455 wells, 00:29:26.140 --> 00:29:30.530 exceeding the target by 50 wells for the year already. 00:29:30.530 --> 00:29:32.675 And also for pipeline inspections, 00:29:32.675 --> 00:29:36.660 for specialized inspections, we also already exceeded 00:29:36.660 --> 00:29:38.800 the performance measure for the year 00:29:38.800 --> 00:29:41.630 and we have done several press releases 00:29:41.630 --> 00:29:44.160 to let people know that the agency 00:29:44.160 --> 00:29:47.713 has been performing very well despite the pandemic. 00:29:48.670 --> 00:29:50.870 And also, I'm glad to report that the staff 00:29:50.870 --> 00:29:54.060 has been aggressively working on implementation of the bill 00:29:54.060 --> 00:29:57.520 that passed all of the 86 regular session. 00:29:57.520 --> 00:29:58.740 There are several important bills 00:29:58.740 --> 00:30:00.560 that directly impact our agency, 00:30:00.560 --> 00:30:04.530 so we're busy drafting rules, meeting with the operators, 00:30:04.530 --> 00:30:06.940 and so we'll continue the good work on that 00:30:06.940 --> 00:30:10.730 and make sure we adopt the rules and meet the requirements 00:30:10.730 --> 00:30:13.480 and the deadlines in these bills, 00:30:13.480 --> 00:30:15.370 so there's more to come on those. 00:30:15.370 --> 00:30:19.170 And also, in terms of our head count, 00:30:19.170 --> 00:30:21.510 we have been able to maintain our head count 00:30:21.510 --> 00:30:23.720 at around 830 employees, 00:30:23.720 --> 00:30:26.670 so there are a lot of retirements 00:30:26.670 --> 00:30:27.640 towards the end of the year, 00:30:27.640 --> 00:30:32.280 but so far we're able to backfill those agency 00:30:32.280 --> 00:30:34.200 and be able to maintain our staffing level 00:30:34.200 --> 00:30:37.040 around 830 and 840. 00:30:37.040 --> 00:30:39.260 So with that, I can close my report today 00:30:39.260 --> 00:30:40.950 and am available for questions. 00:30:40.950 --> 00:30:41.783 Thank you. 00:30:41.783 --> 00:30:44.730 I have one, when you said 1,455 plug wells, 00:30:44.730 --> 00:30:47.122 is that based on our budget year or calendar year? 00:30:47.122 --> 00:30:48.337 That's the budget year. 00:30:48.337 --> 00:30:49.980 Budget year, thank you. 00:30:49.980 --> 00:30:50.813 Perfect. 00:30:50.813 --> 00:30:52.008 Good job, Wey thanks. 00:30:52.008 --> 00:30:52.841 Thank you. 00:30:52.841 --> 00:30:54.320 Thank you, Wey thank you all for the staff 00:30:54.320 --> 00:30:57.630 for continuing to do a good job and be ahead. 00:30:57.630 --> 00:30:59.910 See, we can all just go home and work on it. 00:30:59.910 --> 00:31:01.880 Just kidding, we're going back to work. 00:31:01.880 --> 00:31:04.084 All right, 328, good morning, Dave. 00:31:04.084 --> 00:31:05.170 Good morning, chairman, Commissioners, 00:31:05.170 --> 00:31:07.630 David Cooney here sitting in for Alec Shock. 00:31:07.630 --> 00:31:09.500 I just have two items to report, 00:31:09.500 --> 00:31:13.770 staff recently, our Friday, thanks to Commissioner Wright 00:31:13.770 --> 00:31:16.400 and Commissioner Christian, and on a little prodding 00:31:16.400 --> 00:31:21.400 from the IOGCC filed pre rule comments on Friday, July 30th 00:31:22.930 --> 00:31:26.030 on oil and gas methane emission rules 00:31:26.030 --> 00:31:28.050 that EPA will be proposing, 00:31:28.050 --> 00:31:30.963 we expect at the end of September. 00:31:33.290 --> 00:31:35.900 I want to thank also Leslie Savage, 00:31:35.900 --> 00:31:40.150 who was a rock as usual, helping get this together, 00:31:40.150 --> 00:31:45.150 and TCEQ kind of toward helped us out quite a bit too. 00:31:46.640 --> 00:31:48.700 And for the September 30th rules, 00:31:48.700 --> 00:31:52.320 we plan to work closely with TCEQ 00:31:52.320 --> 00:31:53.630 to formulate our state comments. 00:31:53.630 --> 00:31:56.900 And then yesterday, per the item at last conference, 00:31:56.900 --> 00:32:00.440 we filed comments on the proposal, 00:32:00.440 --> 00:32:02.690 the fish and wildlife services proposal to list 00:32:02.690 --> 00:32:06.320 the lesser prairie chicken under the endangered species act. 00:32:06.320 --> 00:32:09.441 Our primary points were that we oppose the listing. 00:32:09.441 --> 00:32:12.490 We urge fish and wildlife service not to turn their back 00:32:12.490 --> 00:32:14.880 on stakeholders who have been working hard 00:32:14.880 --> 00:32:18.040 to try on conservation efforts for the chicken 00:32:18.040 --> 00:32:22.360 and that if it is listed that it be allowed 00:32:22.360 --> 00:32:24.462 that these conservation efforts be allowed to continue 00:32:24.462 --> 00:32:26.465 and that the fish and wildlife service 00:32:26.465 --> 00:32:30.333 address the economic impacts of their action. 00:32:31.170 --> 00:32:34.560 That concludes general council's general report. 00:32:34.560 --> 00:32:36.157 Thank you, any questions or comments? 00:32:36.157 --> 00:32:38.730 You know, I would like to say, David, you and Leslie, 00:32:38.730 --> 00:32:40.850 the work y'all done on the methane emission side, 00:32:40.850 --> 00:32:42.770 I very much appreciate that hard work 00:32:42.770 --> 00:32:46.500 and I'm very proud that we got TCEQ to go in 00:32:46.500 --> 00:32:50.130 with our comments and share those comments back to the EPA, 00:32:50.130 --> 00:32:50.963 so great job. 00:32:50.963 --> 00:32:52.330 Thank you very much. 00:32:52.330 --> 00:32:54.490 And may I say, I appreciate also the work 00:32:54.490 --> 00:32:55.880 that everyone has done on this 00:32:55.880 --> 00:33:00.260 and just to point out to people the concern that I have 00:33:00.260 --> 00:33:05.260 that we have some in our industry, the retail industry, 00:33:05.800 --> 00:33:08.610 that are actively working to move methane regulation 00:33:08.610 --> 00:33:11.430 back to the federal government rather than have the states 00:33:11.430 --> 00:33:13.180 and that's why I'm glad that IOGCC, 00:33:14.150 --> 00:33:18.030 the 31 states that are involved in this have come out 00:33:18.030 --> 00:33:20.090 and supported and that you and Leslie and others 00:33:20.090 --> 00:33:21.630 have supported here the staff, 00:33:21.630 --> 00:33:24.126 their work to make sure the states keep 00:33:24.126 --> 00:33:26.560 the regulatory power over that 00:33:26.560 --> 00:33:29.457 rather than a federal big brother government doing it to us. 00:33:29.457 --> 00:33:30.330 So, thank you. 00:33:30.330 --> 00:33:31.163 Yes, sir. 00:33:31.163 --> 00:33:32.540 Thank you. Thank you, Dave. 00:33:34.577 --> 00:33:36.813 All right, item 329. 00:33:38.600 --> 00:33:39.600 Jason, good morning. 00:33:41.233 --> 00:33:43.360 Good morning, chairman, Commissioners. 00:33:43.360 --> 00:33:44.770 For the record, my name is Jason Clark, 00:33:44.770 --> 00:33:46.730 director of agency projects. 00:33:46.730 --> 00:33:49.210 As part of the agency's ongoing oil fuel relief initiative 00:33:49.210 --> 00:33:50.490 and to find opportunities 00:33:50.490 --> 00:33:52.620 where operating efficiencies are possible, 00:33:52.620 --> 00:33:55.600 staff is requesting your approval on the following item. 00:33:55.600 --> 00:33:58.520 Item 329 is for the oversight and safety division. 00:33:58.520 --> 00:34:01.240 Staff is requesting approval to post proposed changes 00:34:01.240 --> 00:34:04.450 to the pop's CL form on the Commission's website 00:34:04.450 --> 00:34:06.410 for a 30 day comment period. 00:34:06.410 --> 00:34:08.380 The proposed changes to the pop CL form 00:34:08.380 --> 00:34:10.750 will replace approximately 12 templates 00:34:10.750 --> 00:34:14.320 that an operator must download, interpret, and customize 00:34:14.320 --> 00:34:17.960 to create their own version of an application cover letter. 00:34:17.960 --> 00:34:19.190 Each application type 00:34:19.190 --> 00:34:21.670 in the pipeline online permitting system 00:34:21.670 --> 00:34:24.270 requires a cover letter with different information 00:34:24.270 --> 00:34:26.740 based on the type of application submitted. 00:34:26.740 --> 00:34:28.810 Their proposed changes to the pop CL form 00:34:28.810 --> 00:34:30.700 will prompt the user to fill out 00:34:30.700 --> 00:34:32.220 only the required information 00:34:32.220 --> 00:34:34.800 based on the type of application selected. 00:34:34.800 --> 00:34:37.890 With your approval today, staff add the pop CL form 00:34:37.890 --> 00:34:41.130 to the Commission's website for a comment period of 30 days, 00:34:41.130 --> 00:34:44.470 track all submitted comments and report back the results. 00:34:44.470 --> 00:34:46.260 I'm available for questions. 00:34:46.260 --> 00:34:47.659 Thank you, are there any questions? 00:34:47.659 --> 00:34:49.910 Always nice to figure out how to streamline some more stuff, 00:34:49.910 --> 00:34:51.320 we appreciate it. Absolutely. 00:34:51.320 --> 00:34:52.480 All right, I move we approve 00:34:52.480 --> 00:34:53.963 the staff's recommendations. 00:34:53.963 --> 00:34:54.962 Is there a second? 00:34:54.962 --> 00:34:55.795 Second. 00:34:55.795 --> 00:34:56.860 Second by Commissioner Wright. 00:34:56.860 --> 00:34:57.963 All in favor, say aye. 00:34:57.963 --> 00:34:58.796 Aye. Aye. 00:34:58.796 --> 00:35:00.450 Motion passes, that item's approved. 00:35:00.450 --> 00:35:01.920 Thank you. 00:35:01.920 --> 00:35:05.420 All right, item 330 is our public participation item 00:35:05.420 --> 00:35:07.560 and we didn't have anybody else register. 00:35:07.560 --> 00:35:09.960 Item 331 is executive session, 00:35:09.960 --> 00:35:12.550 which we won't be going into today. 00:35:12.550 --> 00:35:14.700 Are there any other things 00:35:14.700 --> 00:35:16.151 that we need to consider at this time? 00:35:16.151 --> 00:35:18.187 Madam Chairman, I think Commissioner Wright 00:35:18.187 --> 00:35:19.910 has a special guest in the audience today, 00:35:19.910 --> 00:35:21.270 I think it's appropriate for him 00:35:21.270 --> 00:35:22.825 to welcome and introduce them. 00:35:22.825 --> 00:35:23.658 Yes. 00:35:23.658 --> 00:35:25.634 Yeah, you know, I'm so proud that my wife and my son 00:35:25.634 --> 00:35:27.150 are both sitting right here, 00:35:27.150 --> 00:35:29.290 came to my first live session today 00:35:29.290 --> 00:35:31.820 and made the Trek all the way up here to Austin to do that. 00:35:31.820 --> 00:35:33.933 Thank you both so much, love you. 00:35:35.340 --> 00:35:38.453 We're glad to see you in person finally. 00:35:40.060 --> 00:35:42.410 All right, anything else this morning? 00:35:42.410 --> 00:35:43.300 All right, hearing none, 00:35:43.300 --> 00:35:45.610 this meeting of the Railroad Commission is adjourned. 00:35:45.610 --> 00:35:46.527 Thank you all.