Sec. 89.023. EXTENSION OF DEADLINE FOR PLUGGING INACTIVE WELL.
(a) The commission may grant an extension of the deadline for plugging an inactive well if the operator maintains a current organization report with the commission as required by Section 91.142 and if, on or before the date of renewal of the operator's organization report as required by that section, the operator files with the commission an application for an extension that includes:
(1) an affirmation that complies with Section 89.029;
(2) a statement that the operator has, and on request will provide, evidence of a good faith claim to a continuing right to operate the well; and
(3) at least one of the following:
(A) documentation that since the preceding date that the operator's organization report was required to be renewed the operator has plugged, or restored to active operation as defined by commission rule, a number of inactive wells equal to or greater than 10 percent of the number of inactive wells operated by the operator on that date;
(B) an abeyance of plugging report on a form approved by the commission that:
(i) is in the form of a certification signed by a person licensed by the Texas Board of Professional Engineers or the Texas Board of Professional Geoscientists;
(ii) includes:
(a) an affirmation by the licensed person that the well has:
(1) a reasonable expectation of economic value in excess of the cost of plugging the well for the duration of the period covered by the report, based on the cost calculation for plugging an inactive well; and
(2) a reasonable expectation of being restored to a beneficial use that will prevent waste of oil or gas resources that otherwise would not be produced if the well were plugged; and
(b) appropriate documentation demonstrating the basis for the affirmation of the well's future utility; and
(iii) specifies the field and the covered wells within that field in a format prescribed by the commission;
(C) a statement that the well is part of an enhanced oil recovery project;
(D) if the operator of the well is not currently otherwise required by commission rule or order to conduct a fluid level or hydraulic pressure test of the well, documentation of the results of a successful fluid level or hydraulic pressure test of the well conducted in accordance with the commission's rules in effect at the time the test is conducted;
(E) a supplemental bond, letter of credit, or cash deposit sufficient for each well specified in the application that:
(i) complies with the requirements of Chapter 91; and
(ii) is of an amount at least equal to the cost calculation for plugging an inactive well for each well specified in the application;
(F) documentation of the deposit with the commission each time the operator files an application of an amount of escrow funds as prescribed by commission rule that equal at least 10 percent of the total cost calculation for plugging an inactive well for each well specified in the application; or
(G) if the operator is a publicly traded entity:
(i) the following documents:
(a) a copy of the operator's federal documents filed to comply with Financial Accounting Standards Board Statement No. 143, Accounting for Asset Retirement Obligations; and
(b) an original, executed Uniform Commercial Code Form 1 Financing Statement, filed with the secretary of state, that:
(1) names the operator as the "debtor" and the Railroad Commission of Texas as the "secured creditor"; and
(2) specifies the funds covered by the documents described by Sub-subparagraph (a) in the amount of the cost calculation for plugging an inactive well for each well specified in the application; or
(ii) a blanket bond in the amount of the lesser of:
(a) the cost calculation for plugging any inactive wells; or
(b) $2 million.
(b) Notwithstanding Subsection (a), an operator may not obtain an extension of the deadline for plugging an inactive well by complying with that subsection if the plugging of the well is otherwise required by commission rules or orders.
Added by Acts 2009, 81st Leg., R.S., Ch. 442 (H.B. 2259), Sec. 2, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 562 (H.B. 3134), Sec. 2, eff. June 17, 2011.
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