26 Miss. Code. R. 1-1.4 - NOTICE OF HEARING

Notice of public hearing held by the Board shall be given in the following manner:

(A) NOTICE BY PUBLICATION. Unless otherwise provided or required by statute or rule of this Board, notice of all hearings of the Board shall be given by publishing notice thereof at least twenty (20) days before the date of hearing in a newspaper published daily in Jackson, Mississippi, of general circulation in the state, and in a newspaper of general circulation in the county or counties in which the lands and pools involved are located whether published in or out of the county; provided that notice of a hearing on a statewide rule or order affecting all pools in the state shall be published twice in a newspaper published daily in Jackson, Mississippi, of general circulation in the state, the first publication appearing at least twenty (20) days before the date of hearing, and the second publication appearing at least ten (10) days before the hearing, and no other publication shall be necessary for such hearing.

The Supervisor shall maintain a general mailing list and shall place thereon the names and addresses of all persons, firms or corporations who make request in writing to be included on such list. Each person, firm and corporation on such mailing list shall be mailed at the address listed a copy of the monthly docket, and other notices of general interest as determined by the Supervisor. The failure to mail a copy to any such persons, firm or corporation shall not affect the validity of any hearing held pursuant to the notice published in accordance with these rules or any rule, regulation or order issued pursuant to such hearing.

(B) PERSONAL NOTICE. In all the instances noted below, the petitioner shall also give personal notice which shall be written notice specified in Rule 4 (C) below.

(1) PETITIONS FOR EXCEPTION LOCATION AND INTENTIONAL DEVIATION. Notice of hearing a petition to authorize a well to be drilled for oil or gas at a location other than that authorized by rule or order of the Board (an exception location) or to approve the intentional deviation of a well shall be given by the petitioner to the operator of each adjoining or cornering unit toward which the well location is proposed to be moved or deviated.

(2) PETITIONS TO AMEND OR REFORM ESTABLISHED DRILLING OR DEVELOPED UNITS. Notice of hearing a petition to amend or reform an established drilling unit upon which a well has been spudded or reform a developed unit shall be given by the petitioner to (1) each Owner, (as defined in Statewide Rule 2[p]) in the established unit and (2) each Owner in the proposed amended or reformed unit. Determination of an Owner shall be from the public land records within 90 days prior to filing a Petition to reform or amend an established unit.

(3) PETITIONS TO ESTABLISH OR AMEND ALLOWABLES. Notice of hearing a petition to establish (by adoption of Special Field Rules or otherwise) or change the allowable for any developed unit shall be given by the petitioner to the Operator (as defined in Statewide Rule 2[r]) of each well completed in the same pool in the same field.

(4) PETITIONS FOR FORCED POOLING.

(a) Notice of hearing a petition to require the owners in an established or proposed drilling or developed unit to integrate or pool and develop their tracts or interests with other tracts or interests as a drilling or developed unit pursuant to § 53-3-7(1) (a and b), Miss. Code of 1972 (force integration), shall be given by the petitioner to each non-consenting Owner. For the purposes of this rule, a "non-consenting Owner" shall mean an owner of drilling rights which has not agreed, in writing, to be integrated in the unit.

(b) Notice of hearing a petition to require the owners in an established or proposed drilling or developed unit to integrate or pool and to develop their tracts or interests with other tracts or interests as a drilling or developed unit, pursuant to § 53-3-7(2), Miss Code of 1972 (force integration with alternate charges), shall be given in accordance with the provisions of said section.

(5) PETITIONS FOR VOLUNTARY AND COMPULSORY UNITIZATION.

(a) Notice of hearing a petition to approve a voluntary plan for unitized operations shall be given by the petitioner to the Operator of each well in a unit adjoining or cornering the voluntary unit and, as to a voluntary unit which does not cover the entire pool in the same field, to the Operator of each well in the pool in the same field not included in the voluntary unit.

(b) Notice of hearing a petition for a compulsory unit established pursuant to §§ 53-3-101 to 53-3-119, Miss. Code of 1972, shall be made in accordance with the provisions of said sections.

(6) PETITIONS TO ESTABLISH OR AMEND SPECIAL FIELD RULES. Notice of hearing a petition to establish or amend special field rules shall be given by the petitioner to the Operator of each well within the proposed or established field.

(7) PETITIONS TO DETERMINE THE REASONABLENESS OF WELL COSTS. Notice of hearing a petition pursuant to § 53-3-7(4) Miss. Code of 1972, to determine the reasonableness of an Operator's costs for the drilling, completing and operating a well shall be given by the petitioner to (1) the Operator, if not the petitioner, and (2) the other Owners, if any, responsible for such costs whose names have been given to the petitioner by the Operator. Prior to filing the petition, the petitioner shall request in writing from the Operator, and the Operator shall furnish to the petitioner within thirty (30) days after receipt of the request, the names and mailing addresses known to the Operator of all parties responsible for well costs.

(8) PETITIONS REGARDING MULTIPLE WELLS ON A UNIT. Notice of hearing a petition to drill, produce or operate more than one well on the same unit perforated in or producing from the same pool shall be given by the petitioner to each Operator of each unit currently producing from the same pool in the same field.

(9) PETITIONS REGARDING DOWN HOLE COMMINGLING. Notice of hearing a petition to commingle down hole production of oil or gas from more than one pool in a single well in the same field shall be given by the petitioner to each Operator of each unit currently producing from any pool in the same field for which commingling is proposed.

(10) PETITIONS FOR INJECTION WELLS. Notice of hearing a petition to operate an Underground Injection Control Class II Well, pursuant to Statewide Rule 63, shall be given by the petitioner (applicant) in accordance with the provisions of Statewide Rule 63 and personal notice to all Operators of wells producing oil or gas (or having previously produced and not plugged and abandoned) from the pool or pools into which the injection will be made.

(11) PETITION FOR UNIT EXCEPTION. Notice of hearing a petition for an exception to unit size or configuration shall be given by the Petitioner to the Operator of each adjoining or cornering unit.

(C) MANNER AND TIME OF PERSONAL NOTICE.

(1) Whenever personal notice is required to be given in writing, the form and content of such notice shall be sufficient if it is the same as the published notice or, if in a different form, the notice contains the same information.

(2) When, pursuant to the provisions of Rule 4(B) above, the petitioner is required to give personal notice to any person, such notice shall be given at least twenty-five (25) days prior to the date of the hearing unless a greater period of time is required by another rule.

(3) In those cases where notice is to be given by the petitioner, the petitioner shall make a reasonably diligent effort to determine the name and mailing address of each such person. If, after the exercise of reasonable diligence, the petitioner is unable to determine the name and mailing address of any person upon whom notice is to be served by the petitioner, the publication provided for in Rule 4(A) above, shall be effective as service upon such person.

(4) If the petitioner shall fail to give notice in conformity with the provisions in Rule 4(B) upon any person whom the petitioner is required to give notice, the Board, may, nevertheless, proceed to hear the petition if it is shown to the satisfaction of the Board that the person in question had actual knowledge of the hearing of the petition at least ten (10) days prior to the date of the hearing.

(5) A copy of the petition shall be attached to the notice.

(6) Personal notice required to be given may be given in any manner used in written business communications including, but not limited to, ordinary first class mail, expedited delivery such as express mail and air express services, facsimile transmission, hand delivery, electronic mail and Western Union mailgram except as otherwise required by statute or statewide rule.

(7) Notice shall be deemed given when sent.

(8) The time period and manner provided for herein for the giving of notice may be waived in writing by any person as to that person's interest only.

(9) Except where expressly required to the contrary by applicable statutes, where personal notice is provided for in these rules the name or names of the person or persons to whom notice is being given need not appear in the notice. It shall be sufficient for such person or persons to be referred to generally such as, for example, "owners", "persons" and "operators".

(10) Notice required to be given to an Operator shall mean the Operator as reflected by the Board's records for wells producing, drilling or permitted not more than forty-five (45) days prior to the filing of the petition.

(11) Failure to give notice as provided for in Rule 4(C) shall not affect the validity, effectiveness or legality of any order or action of the Board provided the Board determines the petitioner has made a reasonably diligent effort to give the personal notice required herein.

(D) FORM AND CONTENT OF NOTICE BY PUBLICATION AND PERSONAL NOTICE. The notice shall be substantially in the following form:

STATE OIL AND GAS BOARD OF MISSISSIPPI NOTICE

To all owners and persons interested in the following described lands: (here describe lands by legal description and field, if any) Take notice (insert name of party or parties requesting hearing) has filed a petition (or application) with the State Oil and Gas Board of Mississippi under Docket No. requesting that (here relief requests). The petition will be heard by the Board at _____ o'clock ______. m. on the____day of ________, 20_, in _________________ Jackson, Mississippi, at which time and place you may appear and contest said matter.

If you intend to contest the docket or request a continuance you must notify the Board and the petitioner's representative of your intention in writing not later than 5 p.m. on Tuesday, _____ day of ___________, 20__, (seven (7) days prior to the date stated above for the hearing).

Failure to so notify the Board and the petitioner shall be a waiver of your right to contest or request continuance.

You are advised the Board may adopt orders concerning a petition which may differ from the relief requested by the petitioner and Board will enter such order or orders as in its judgment may be appropriate in accordance with the evidence presented.

Supervisor State Oil and Gas Board

(E) PROOF OF NOTICE BY PUBLICATION AND PERSONAL NOTICE. Proof of notice by publication shall be provided by (i) affidavit of the publisher or editor (or his duly authorized agent) of the newspaper in which publication is made or (ii) sworn affidavit of the petitioner or petitioner's agent or counsel stating notice was given by publication in compliance with Rule 1.4(A), together with a copy of the notice as published in the newspaper as evidence thereof. Proof of notice other than by publication shall be either by testimony or by affidavit of the Board's staff member or the petitioner or petitioner's agent or attorney. If, in the exercise of reasonable diligence as provided in Rule 4(C), above, the petitioner is unable to obtain the name and the mailing address of any person or person upon whom personal notice is to be given by the petitioner, the testimony presented or the affidavit filed by the petitioner shall so state.

Notes

26 Miss. Code. R. 1-1.4

>Miss. Code Ann. Section 53-1-17(3) (1972)

Amended 6/19/2017 Amended 4/6/2023