Industry Motion Re Final Rule Comment Deadline  FNL
3 Pages
English
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Industry Motion Re Final Rule Comment Deadline FNL

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3 Pages
English

Description

BEFORE THE OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO IN THE MATTER OF CHANGES TO THE ) CAUSE NO. 1R RULES AND REGULATIONS OF THE OIL AND GAS CONSERVATION COMMISSION ) DOCKET NO. 0803-RM-02 OF THE STATE OF COLORADO ) COLORADO OIL & GAS ASSOCIATION COLORADO PETROLEUM ASSOCIATION MOTION TO REQUEST ADDITIONAL TIME TO FILE PARTY COMMENTS COME NOW, the Industry Associations and enter their motion for the Commission to provide for additional time for the Parties to submit comments on the final proposed OGCC rules to be considered during the hearings scheduled for December 9-11, 2008. The Industry Associations state as grounds for this motion: 1. The Commission Order dated November 6, 2008 sets forth a clear and unambiguous timeline for distribution of the final proposed rules and deadlines for party groups to provide comment. The schedule set forth for submittal of Party Group comments is aggressive and requires the Party Groups to review and compile comments from numerous individual Parties within 10 days of receipt of the final proposed OGCC rules. This deadline was set on a date certain, November 17, 2008, on the assumption that all of the proposed wording would be issued by Staff on November 7, 2008. 2. A key component of the final proposed rules is the accompanying Statement of Basis and Purpose (SBP). During the course of the rulemaking proceedings, the Commission Staff has regularly deferred questions ...

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BEFORE THE OIL AND GAS CONSERVATION COMMISSION
OF THE STATE OF COLORADO
IN THE MATTER OF CHANGES TO THE
)
CAUSE NO
.
1R
RULES AND REGULATIONS OF THE OIL
)
AND GAS CONSERVATION COMMISSION
)
DOCKET NO
.
0803-RM-02
OF THE STATE OF COLORADO
)
C
OLORADO
O
IL
&
G
AS
A
SSOCIATION
C
OLORADO
P
ETROLEUM
A
SSOCIATION
M
OTION TO REQUEST ADDITIONAL TIME TO FILE PARTY COMMENTS
COME NOW, the Industry Associations and enter their motion for the Commission to
provide for additional time for the Parties to submit comments on the final proposed OGCC rules
to be considered during the hearings scheduled for December 9-11, 2008.
The Industry
Associations state as grounds for this motion:
1.
The Commission Order dated November 6, 2008 sets forth a clear and
unambiguous timeline for distribution of the final proposed rules and deadlines for party groups
to provide comment.
The schedule set forth for submittal of Party Group comments is
aggressive and requires the Party Groups to review and compile comments from numerous
individual Parties within 10 days of receipt of the final proposed OGCC rules.
This deadline was
set on a date certain, November 17, 2008, on the assumption that all of the proposed wording
would be issued by Staff on November 7, 2008.
2.
A key component of the final proposed rules is the accompanying Statement of
Basis and Purpose (SBP). During the course of the rulemaking proceedings, the Commission
Staff has regularly deferred questions about and explanation of the drafters’ intent to the SBP.
Commission staff has advised various industry parties that many of the concerns about the draft
rules expressed in the filings of the industry parties on October 22 and November 4 would be
addressed in the SBP. However, as of this writing, Commission staff has not released a proposed
draft of the SBP, and thus industry parties have not had any opportunity to review the proposed
final version of the SPB language as was contemplated by the Commission Order. Without
reviewing that language, the industry parties do not have the information necessary to complete
their review of the proposed rules and therefore will not be able to submit informed comments on
the proposed rules.
3.
Given the wide-ranging, complex and technical nature of this rulemaking, the
SBP is an integral supporting document. A thorough and complete review of the rule requires
consideration of the SBP.
Industry Parties must have adequate time to review the entire final
proposed rule and supporting documents to ensure the rules and the SBP do not create
conflicting directives, ambiguity, or errors.
Colorado statutes direct that the SBP shall be a
“written concise general statement of their basis, specific authority, and purpose.” 24-4-103(4)(c)
C.R.S.
The SBP is a foundational document.
It is not intended to resolve difficult or complex
technical and policy questions.
It must not be used to create a “shadow” rule creating
inconsistencies with final rule text.
4.
Despite the schedule set forth in the Commission’s order, the final proposed SBP
was not circulated to Party Groups on November 7, 2008.
As of this filing, it has not been
circulated to Party Groups for review and analysis.
This delay has compromised the ability of
the Industry Associations and other Parties to review and analyze the final proposed rule to
identify potential inconsistencies and inaccuracies.
Furthermore, the delay associated with the
failure to distribute the SBP has further compressed the already short timeframe set forth in the
Order for comment and prejudiced the Parties’ ability to fully and meaningfully participate in the
comment process for the final proposed rule.
Accordingly, the Industry Associations request that this Commission:
A.
Provide all Party Groups 10 days from the date of receipt of the final proposed
SBP within which to submit their comments on the final versions of the SBP and the draft rules
and that Staff be afforded a corresponding extension of its filing deadline (currently November
24, 2008), that is, until and through seven days after the revised deadline for the Party Groups’
filing date; and
B.
Convene an expedited telephonic meeting in order to address this Motion on an
expedited basis given the time constraints present.
R
ESPECTFULLY
S
UBMITTED THIS
12
TH
D
AY OF
N
OVEMBER
,
2008:
/
S
/
KENNETH A
.
WONSTOLEN
________________________
Fulbright & Jaworski L.L.P.
C
OUNSEL FOR THE
C
OLORADO
O
IL
&
G
AS
A
SSOCIATION
/
S
/
JOHN PAUL SEMAN
,
JR
.
______________________
C
OUNSEL FOR THE
C
OLORADO
P
ETROLEUM
A
SSOCIATION
CERTIFICATE OF SERVICE
I, hereby certify that on this 12th day of November, 2008, I served an electronic version
of the foregoing
M
OTION TO REQUEST ADDITIONAL TIME TO FILE PARTY COMMENTS
, and have
arranged to have an original and 14 copies hand delivered, addressed to the following:
Patricia Beaver, Hearing Manager
tricia.beaver@state.co.us
Docket No. 0803-RM-02
Oil and Gas Conservation Commission
1120 Lincoln Street, Suite 801
Denver, CO
80203
- and-
I hereby certify that I caused two (2) copies of the above-referenced Motion to be hand-
delivered, addressed to the following:
K
e
l
l
y
R
e
e
s
kelly.rees@state.co.us
Colorado Department of Law
1525 Sherman Street, 5
th
Floor
Denver, CO
80203
- and-
I hereby certify that I caused one (1) copy of the above-reference Motion to be hand-
delivered, addressed to the following:
Joshua B. Epel
Hearing Officer
c/o DCP Midstream
370 Seventeenth Street, Suite 2500
Denver, CO
80202
- and -
I electronically served the above-referenced motion on the following:
Marc.fine@state.co.us
and all of the Parties listed on the Party List found at the OGCC website.
_/S/ Linda Etz____________________
Linda Etz