055-3 Wyo. Code R. §§ 3-40 - Tertiary Certification
(a) Certification
of tertiary projects and determination of base level production for projects
qualifying for the tertiary oil tax exemption shall be accomplished in the
following manner:
(i) In order for tertiary
production to qualify for the severance tax exemption provided under Wyo. Stat.
Ann. §
39-14-205(c), the applicant
shall present evidence demonstrating that the recovery technique or techniques
utilized in the project area qualify for a tertiary determination and the
Commission must certify the project as a tertiary project.
(ii) For tertiary projects certified by the
Commission after March 31, 2003, and before March 31, 2008:
(A) As part of the process of certifying
tertiary projects which qualify for the severance tax exemption under Wyo.
Stat. Ann. §
39-14-205(c), the applicant
shall furnish the Commission an extrapolation of expected non-tertiary oil
production from the project. The extrapolation shall be for not less than
seventy-two (72) months commencing with the first month after the month in
which the application for tertiary certification is made. The extrapolation
shall be based on production history, reservoir and production characteristics
and the application of generally accepted petroleum engineering practices. The
extrapolated production volumes approved by the Commission shall serve as the
base level production for purposes of determining the tertiary oil production
which qualifies for the tax exemption; and,
(B) The applicant shall provide a statement
as to all assumptions made in preparing the extrapolation and any other
information concerning the project that the Commission may reasonably require
in order to evaluate the applicant's extrapolation.
(iii) An application for tertiary
certification may be approved administratively by the Supervisor. The
Supervisor shall review the material within fifteen (15) days after receipt of
the application and advise the applicant of the decision. If the Owner/Operator
disagrees with the Supervisor's decision, they may request a hearing before the
full Commission. The Supervisor, on his own motion, may also refer the matter
to the Commission if the proper decision is in doubt.
Notes
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