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Alaska Oil and Gas Conservation Commission
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5/21/03 ConservOrdCvrPg.wpd
HoY-r M. CoL~'
ATTORNEY AT LAW
711 EIGHTH AVENUE
POST OFFICE BOX 360
ANCHORAGE. ALASKA 9950¶
TELEPHONE (907) 277-S637
October 8, 1969
Alaska Oil and Gas Conservation Committee
3001 Porcupine Drive
Anchorage~ Alaska 99501
Attention: Mr. Homer Burrell
Dear Mr. Burrell:
Attached is a Motion to Dismiss Protest in connect'i, on
with Conservation File 81 and the protest which Mr. Boyko
filed in relation to the application of Atlantic Richfield
Company.
We are preparing a brief to substantiate our position
and hope to have this in your hands by Monday~ October 13.
HMC :,j h
Attachment
Kindest regards.
Very truly yours,
Hoyt M. Cole
gOT
HOYT M. COLE
ATTORNEY AT LAW
751 EIGHTH AVENUE
POST OFFICE BOX 360
,NCHORAGE, ALASKA 9~)501
TELEPHONE
(907) 277-5637
STATE OF ALASKA, DEPARTMENT OF NATURAL RESOURCES,
DIVISION OF 0IL AND GAS, ALASKA OIL AND GAS
CONSERVATION COMMITTEE
Conservation File No. 81
Re' The application of the Atlantic Richfield Company for an
exception to Title 11, Alaska Administrative Code, Section
2056(a) to permit the use of slip joint casing in the perma-
frost section without circulating cement on the permafrost
and surface strings of casing fOr the Drill Site No. 2
Well No. 32-36-11-14.
MOTION TO DISMISS PROTEST
Atlantic Richfield Company, applicant herein, moves that the
protestants be required to show cause why their protest and
request for hearing should not be declared unauthorized and
void by reason of their failure to aver and their inability
to prove that they are legally interested parties who may be
aggrieved by the requested order within the meaning of Title
11, Alaska Administrative Code, Section 2009. In this con-
nection it is submitted that the protestants herein have
failed to aver any fact sufficient to show that they are
legally interested parties that may be so aggrieved by the
requested order, and further submitted that protestants are
in fact not legally interested parties that may be so aggrieved.
Therefore, applicant moves that the protest and request for
hearing now on file herein be dismissed and that the issuance
of the order for which application has been made be considered
by the Alaska Oil and Gas Conservation Committee without a
hearing.
Applicant further requests that the Committee consider this
motion prior to its consideration of. the order for which
application has been made.
Respectfully submitted,
H.M. Cole
Attorney for Applicant
Atlantic Richfield Company
A copy of this Motion to Dismiss Protest has been delivered
to Edgar Paul Boyko, Esq., Attorney for Protestants.
DIVISION OF OIL AND GAS
STATE OF ALASKA~ DEPARTMENT OF NATURAL RESOURCES~
DIVISION OF OIL AND GAS, ALASKA OrL'~AND GAS
CONSERVATION COMMITTEE
Conservation File No. 81
Re: The application of the Atlantic Richfield Company for an exception to
Title I1~ Alaska Administrative Coder Section 2056(a) to 0ermit the use
of slip joint casing in the permafrost section without circulating
cement on the permafrost and surface strings of casing for the Drill
Site No. 2 Well No. 32-36-11-14.
MOTION TO DISMISS APPLICATION
Atlantic Richfield Company~ applicant herein~ moves that the application for an
exception to Title I1~ Alaska Administrative Code~ Section 2056(a) to permit th<
use of slip joint casing in the permafrost section without circulating cement
on the permafrost and surface strings of casing for the Drill Site No. 2 Well
No. 32-36-11-14 be dismissed without prejudice to their right to refile same,
and represents to the Oil and Gas ConServation Committee that Atlantic Richfiel
Company has decided at this time not to drill the well for which the applicatio
was made~ but rather to use the rig on another exploratory well.
Respectfully submitted,
Attorney for Applicant
Atlantic Richfield Company
A copy of this Motion to Dismiss Applicati'on has been delivered to Edgar Paul
Boyko~ Esq.~ Attorney for Protestants.
HOYT M. COLE
ATTORNEY AT LAW
711 EIGHTH AVENUE
2)ST OFFICE: BOX 360
HORAGE, ALASKa 99501
TELEPHONE
(907) 277-5637
BEFORE '.THE DEPART~ENT OF NATUP~. RESOuRCE~~ .....
DiVI~.ST~_-~ ~ OIL AND GAS,
A~S~ OIL P2qD G~ CONSERVATION CO~ITTEE
~ ~ ~-
out circulating cement on the perma-
frost and surface strings of casing
for the Drill Site No. 2 Well No.
32-36-11-14.
IN THE [~TTER OF:
The Application of Atlantic-Richfield
Company for an exception to Title I1~
Alaska Administrative Codo~ Section
2056(a) to permit the use of slip joint
casing in the perma-frost section with-
Conservation File No. 81
REPLY TO ~P. PLICANT ' S M~TION
DIS
Applicant has moved that protestants be required to
show cause why their protest and request for haarin~ should not
be declared unauthorized and void by reason of their failure to
aver and their inability to prove that they are legally interested
parties who may be aggrieved by the requested order.
The matter appears to be governed by 'the provisions of
the Alaska A~ninistrative Procedure Act~ Chapter 62 of Title 44
of Alaska Statutes. A.S. 44.62.220 gives the right to any
interested party to petition for adoption, repeal or amendment
of a regulation~ A.S. 44.62.230 provides that upon receipt of
such a petition, a state agency "shall, wit~nin thirty days, deny
the petition in writing or schedule the matter for public hearing
under paragraphs 190-~210 of this chapter.'~
One of the cited requirements is publication in a news~
paper of general circulation (A.S. 44.62.190(1)
A.S. 44.62.210 provides that
"On the date and at the time and place~
designated in the notice the agency shall
give each interested person or his autho~
rized representative, or both~ the oppor-
tunity to present statements r argum.~ents,
or contentions in writing t with or without
opportunity to present them orally. The
state agency shall consider all relevant
matter presented to it before adopting.
amending, or repealing a regulation.***~'
LAW OFFICE5
BOYKO AND WALTON
330 "L" 5'I'REET
ANCHORAGE. ALASKA
TELEPHONE 277-2671
LAW OFFICES
}YI(O AND WALTON
330 "LTM $'~REF. T
NCHORAGE, ALASKA
ELEPHONE 277-267!
~'i%ere are no Alaskan de islons which ~efine the term
"interested person''. I~owever, the identical phrase has been
defined in carefully reasoned and persuasive decisions of appellate
courts elsewhere. Thus it was hetd~ that the assignee ~
~ an oil
and 9as lease on an adjo~nl, g tract to another tract on %~hiCh
a well was sought to be dr.il!ed~ was an "interested Person~ who
could protest the granting of a drilling pe~it by the ~e~uta-
tory co~ission and was entitled to ~intain an action to set
the co~ission's order aside.
Stanolind Oil & Gas Co. v ~-~da~ Oil Co. ~
(Tex. Civ. App.) i~.W. ,
And see also:
Roosth & Genecov Production Co. v Shell
Oil Co. (Tex. Civ. App.) ~7~-:~-~.W. '~d~:~-~'3~
657.
Cook Drilling_Cp. v Gulf Oil Corporation
~Tex. Civ. App.) 155 S.W. 2a ~3-8/-~"
Railroad Co~ission v ~le Oil A. ~efi~
Railroad Co~ission v Gulf production Co.
(Tex .... Civ App ) 115 S ~. 2d 50'~:'~":~O-~ ....
',.
The individual protestants have alleged they are
claimants to oil and gas leases on adjacent tracts in the general
area. The existence of their claim~ which is the s~ject matter
of pending litigation, is a ~tter of public record. Moreover,
one of the issues in the upcoming hearing ~d one of the asser-
tions made in the protest, is whether the propose~ relaxation of
the regulations would result in an increased pollution, blowout
or crude oil leakage hazard, to the detri~nt ~
~ the general
environment. It needs hardly be belabor~d, that any citizen of
Alaska, or any group of citizens, is an "interested person'~ when
it comes to preventing the kind of disaster which occurred in the
'Santa Barbara Channel, as a result of a not very disi~lar relaxa-
tion of re~-ulations of the Unite~ States Geological Survey~
granted upon, to be ~ure, equally self-asserted and self-confident
~assurances and representations made by the major oil company
in that case.
'~ 2~
YKO R~D WRLTON
330 '°L" STREET
ICHORAGE. ALASKA
LEPHONE 277-2671
certificate of Service
I hereby certify ghat copies of the foregoing Reply
to Applicant's ~otion to Dismiss Protest have been personally
delivered to the following:
Conservation Committee of the Division of Oil and
Gasp Department of Natural Resources
Robert Hartig, Esq., Assistant Attorney General
H~ M. Cole, Attorney for Applicant, Atlantic-
Richfield°
DATED this !3~' day of October,
LAW OFFICES
t':OYKO A~o WA1-TON
330 "L" STREET
ANCHORAG£. ALASKA
I'~_~,~a~ 277-267~
It is sincerely hoped tiaat the regulatory body of the
.
State of Alaska entrUs-%ed with the protection of the public
interest in the field of oil and gas conservation, will have
learned the objeCt lesson which was taught by the .Santa Barbara
Channel incident. A careful perusal of the previous hearing
£ile, whereby the first similar exemption was granted, to the
same applicant, revealed a great paucity of searching inquiry
into the subject matter or of deeply probing cross-examination
of the applicant's expert witnesses. The present hearing presents
a priceless opportunity to the Department and the Con~.ittee to
make a better and' more persuasive record, against which its
decision may some day be n~asured, if any unfortunate accidents
should unhappily occur.
Protestants wish to make it clear that they do not
intend to harass or obstruct the applicant's proper and lawful
operations and activities~ Rather,. it is their desire to assist
both the applicant and 'the Committee in a careful examination of
the facts which may eventually prove to serve the protection and
beF~ficial interest of both as well as of the public at large,
whose interest is and must be paramount and who until now have
not been represented, in ~ adversary manner, in any previous
proceedings of this natur~ before the ComJaittee.
~ne motion to dismiss the protest should be denied
and the h~arin~_ should proceed as scheduled, under the standards
and ~uideiines set forth by the Alaska Administrative Procedure
Act~ set forth atbov~.
Respectfully submitted.,
DOYKO AND WALTON
At~*~o~ney for Protes ~a~ta
BOYKO AND WALTON
3'~o ,ol.°, STR£~T
ANCHORAGE, AL~,SKA
TELEPHONE 277-2671
BEFORE THE DEPARTMENT OF NATURAL RESOURCES
DIVISION OF OIL AND GAS,
ALASKA OIL AND GAS CONSERVATION COMMITTEE
STATE OF ALASKA
IN THE MATTER OF:
The Application of Atlantic-Richfield
Company for an exception to Title 11,
Alaska Administrative Code, SeCtion
2056(a) to permit the use of slip joint
casing in the perma-frost section with-
out circulating cement on the perma-
frost and surface strings of casing
for the Drill Site No. 2 Well No.
32-36-11-14.
conservation File No. 81
REPLY TO APPLICANT'S MOTION
TO' DISMISS PROTEST
Applicant has moved that protestants be required to
show cause why their protest and request for hearing should not
be declared unauthorized and void by reason of their failure to
aver and their inability to prove that they are legally interested
parti~-es who may be aggrieved_ by the requested order.
.
The matter appears to be governed by the provisions of
the Alaska Administrative Procedure Act, chapter 62 of Title 44
of Alaska Statutes. A.S. 44.62.220 gives the right to any
interested party to petition for adoption, repeal or amendment
of a regulation. A.S. 44.62.230 provides that upon receipt of
such a petition, a state agency "shall, within thirty days, deny
the petition in writing or schedule the matter for public hearing
under paragraphs 190-210 of this chapter."
One of the cited requirements is publication in a news-
paper of general circulation (A.S. 44.62.190(1).
A.S. 44.62.210 provides that:
"On the date and at the time and place
designated_ in the notice the agency shall
give each interested person or his autho-
rized representative, or both, the oppor-
tunity to present statements, arguments,
or contentions in writing~ with or without
opportunity to present them orally. The
state agency shall consider all relevant
matter presented to it before adopting,
amending, or repealing a reg-ulation.***"
LAW
:BOYKO AND WALTON
330 °' L°' STRE£T
ANCHORAGE. ALA$t~'~A
T~L£PHO~£ ~77-267!
There 'are no Alaskan deCisions which define the term
"interested person". However, the identical phrase has been
defined in carefully reasoned and persuasive decisions of appellate
courts elsewhere. Thus it was held that the assignee of an oil
and gas lease on an adjoining tract to another tract on which
a well was sought to be drilled, was an "interested person" who
could protest the granting of a drilling permit by the regula-
tory commission and was entitled to maintain an action to set
the commission's order aside.
Stanolind Oil & Gas Co. v Midas Oil Co.,
(Tex. Civ. App.) 123 S.W. 2d 911, 913.
And see also:
Roosth & Genecov Production Co. v Shell
Oil Co. (Tex. Civ. App.) 175 S.W. 2d 653,
657.
Cook D'rilling Co. v Gulf' Oil Corporation
(Tex. Civ. App.) 155 S.W. 2d 638, 639.
Railroad Commission v Humble Oil & Refining
Co. (Tex. Civ. App.) 119 S.W. 2d 728, 730.
Railroad commission v Gulf Production Co.
(Tex. Civ. App.) 115 S.W. 2d 505, 50 8.
The individual protestants have alleged they are
claimant~to oil and gas leases on adjacent tracts in the general
area. The existence of their claim, which is the subject matter
of pending litigation, is a matter of public record. Moreover,
one of the issues in the upcoming hearing and one of the asser-
tions made in the protest, is whether the proposed relaxation of
the regulations would result in an increased pollution, blowout
or crude oil leakage hazard, to the detriment of the general
environment. It needs hardly be belabored, that any citizen of
Alaska, or any group of citizens, is an "interested person" when
it comes to preventing t~he kind of disaster which occurred in the
Santa Barbara Channel, as a result of a not very disimilar relaxa-
tion of regulations of the United States Geological Survey,
granted upon, to be sure, equally self-asserted and self-confident
assurances and representations made by the major oil company
in that case.
--2--
f-AW OFFICES
BOYKO ANO WALTON
330 "L" STREET
ANCHORAGE. ALASKA
TELEPHONE 277-2671
It is sincerely hOped that the regulatory body of the
State of Alaska entrusted with the protection of the public
interest in the field of oil and gas conservation, will have
learned the object lesson which was taught by the Santa Barbara
Channel incident. A careful perusal of the previous hearing
file, whereby the first similar exemption was granted to the
same applicant, revealed a great-paucity of searching inquiry
into the subject matter or of deeply probing cross-examination
of the applicant's expert witnesses. The present hearing presents
a priceless opportunity to the Department and the Committee to
make a better and more persuasive record, against which its
decision may some day be measured, if any unfortunate accidents
should unhappily ~occur.
Protestants wish to make it clear that they do not
intend to harass or obstruct .the applicant's proper and lawful
operations and activities. Rather, it is their desire to assist
both the apPlicant and the Committee in a careful examination of
the facts which may eventually prove to serve the protection and
beneficial interest of both as well as of the public at large,
whose interest is and must be paramount and who until now have
not been represented, in an adversary manner, in any previous
proceedings of this nature before the Committee.
The motion to dismiss the protest should be denied
and the hearing should proceed as scheduled, under the standards
and guidelines set forth by the Alaska Administrative Procedure
Act, set forth above.
Respectfully submitted.,
BOYKO AND WALTON
~~nPe~U floBr°Ypkro° te s t an~s
-3-
LAW OFFICES
BOYKO ,~ND WALTON
330 '°L'° STR£ET
ANCHORAGE. ALASKA
TELEPHO~£ 277-267]
Certificat'e of Service
I herebY certify that copies of the foregoing Reply
to Applicant's Motion to Dismiss Protest have been personally
delivered to the following:
Conservation Committee of the Division of Oil and
Gas, ~Department of Natural Resources
Robert Hartig, Esq., Assistant Attorney General
H. M. Cole, Attorney for Applicant, Atlantic-
Richfield.
DATED this
day of October, 1~/
-4-
F0'R IMMEDIATE 'RELEASE
Statement by Midhael V. We%~te'~---~I0~A P,~ Dir. ~--~
Alaska Independent 0. & G. Assn. is gratified that its
challenge of Rk~akEi Atlantic Richfield's application to relax
the rules designed to guard against crude oil pollution of the
Arctic, has resulted in a withdrawal of that application.
We were pmepared to present expert testimony to show
the grave, danger and risk of blowouts created by ARC0's proposal.
We reiterate our belief that the Department of Natural Resources
has a duty to be more vigilant in guarding a~ainst the occurrence
of Santa Barbara Channel incident in Alaska.
It is our hope that ARCO will use the time gained by
the withdrawal of its application, to reaxamine its position on the
use of non-cemented slip joint casing in perma-frost -- we prefer
to think of it as "slip-shod" casing! We know, and ARCO surely
must know, that there are safer - if somewhat more expensive -
ways(such
as partial refrigeration~to guard against perma-frost
subsidence, without risking blow-outs.or leakage. Such methods
have been used successfully, we understand, by the U.S. Geological
Survey.
AIOGA will continue to be a watchdog for the welfare
of the people of Alaska, true to our belief, that the oil and gas
treasures of our state can and must be developdd fully, competitively
and without needless harm to our priceless environment. We invite
the cooperation of industry, the State and Federal government
agencies and all Alaskans of good will, interested in the rational
development of our resources, to aid us in this task.
End Statement.
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PUB.: Aug. 23, 30;
Sept. 6, 13, 20, !969
NOTICE OF
PUBLIC HEARING
STATE OF ALASKA
DEPARTMENT
OF NATURAL RESOURCES
DIVISION
OF OIL AND GAS
Alaska Oi! and Gas
Conservation
Committee
Conservation File No. 81
Re: The application of the Atlantic
Richfield Company for an ex-
ception to Titl-e 11, Alaska Ad-
ministrative Code. Section
2056(a) to permit the use of slip
joint casing in the permafrost'
section without circulating
cement on the permafrost and
surface strings of casing for the
Drill Site =2 Well No. 32-36-11-
14.
Notice is hereby given that the
tntic Richfield Company has
requested the Oil and Gas Conserva-
tion Commitee to issue an order
exempting the referenced wel! from
the cementing requirements of Title
11, Alaska Administrative Code, Sec-
tion 2056(a). Parties who may be
aggrieved if the requested order is
issued are allowed ten (10) days
from the date of this publication in
which to file a protest and request
for hearing. Place of filing is 3001
Porcupine Drive, Anchorage, Alaska.
If such a protest is timely filed, a
hearing on the r0atter will be held
at the above address at 9:30 a.m.
September 24, 1969 at which time
protestants and others may be
heard. If no such protest is timely
filed, the Committee :,;ill consider
the issuance of the order without a
hearing
(s) Thomas R. Marshall, Jr.
Executive Secretary
Alaska Oil and Gas
Conservation Committee
3001 Porcupine Drive
Anchorage, Alaska
99504
PUBLISH: Sept. 13, 1969
Boyko Protests
State Exception
On ARCO Well
ian exception granted Atlantic P, icah-
$ield Co..to a state ,law regulating the
easing on oil wells has drawn a protest
,from atto~mey iEdgar Paul $oyko.
~Boyko, representing ,the Alaska In-
dependemt Oil and Gas Assn., ~filed the
protest Friday afternoon to ,the Depart-
anent o£ Natural ~Resources,. Division
of O~ and Gas.
SEVER.afl, WEEKS ago, the 'Oi'l
m2d Gas Conser~,ation Committee et'
the Natural .Resources .Department al-
lowed Atlantic Richfield to install an
experimental slip joint casing on one
of its Prudhoe Bay rigs, rather than
the ~,emont casing required 6y law.
.Boyko's :protest was spurred ,by the
~a~nting of a second exemption re-
cently
The Independent Oil and Gas Assn.
maintains .that the ~.!ip joint ca~ing
poses a leakage hazard.
BECAUSE of the protest, the Oil
anal Gas Division 5vil=l hold a public
hearing at 10 a.en. Wednesday to dis-
cuss the pros and cons of th'e casing.
"We had a hearing the first thne the
company proposed the slip joint meth-
od,'' said Homer Burrell, director of
the Oil and Gas Division. "At that
.time, they presented technical data
sufficient to convin?e us ~!:at .the cas-
~ng 'was safe. The cas',~g pre,posed fer
.this rig ~s identical to ;7~ other."
,Normally, the 'hea,.in~ would ,be
Eeld in 'Burrell's office: h~wever, Bur-
reli an.nounced Friday that it would be
moved ,to ,larger quarters Jn the Ben
Crazy.ford .'Memorial Building at Third
Avenue ~.nd Eagle ',Street,
STATE OF ALASKA, DEPARTMENT OF NATURAL RESOURCES, DIVISION OF
OIL AND GAS, ALASKA OIL AND GAS CONSERVATION COMMITTEE.
Conservation File No. 81
Re: The application of the Atlantic Richfield
Company for an exception to Title 11, Alaska
Administrative Code, Section 2056(a) to per-
mit the use of slip joint casing in the
pezrnafrost section without circulating cement
on the permafrost and surface strings of
casing for the Drill Site ~2 Well No. 32-36-11-14.
PROTEST AND REQUEST FOR HEARING
Come now A!~,ska Indenendenh Oil & Gas Associa~iop_L~_
Peter Zamarello, Neil ?~ackay and ~!icha~l Webster
and show that they are citizens of the State of Alaska and
that certain of these protestants are bidders who bid the high
bonus and high royalty for certain oil and gas leases in the
area involved in the above described'application and are in
the process of establishing their said leases through court
procedure.
That, as such citizens and bidders, these protestants are
interested in the preservation of the oil and gas in said area
and in the prevention of pollution and waste in said area.
That these protestants protest the permission for the use
of slip joint casing in such well and forther protest the drilling
of said well without circulating cement in and around the
permafrost and surface strings of casing for the reason that such
action would create a hazard and danger of blow- outs and
pollution of the surface and subsurface strata in said area
which would ~cause irreparable damage and waste if such blow-out
occurred.
WHEREFORE, protestants demand a public hearing on said
matter as required by the applicable laws, rules and regulations.
~rRn ePAyU~o~O~oO; e s t an t /
STATE' OF ALASKA, DEPARTMENT OF NATURAL RESOURCES,
DIVISION OF OIL AND GAS, ALAS'f~\ OIL AND GAS
CONSERVATION COMMITTEE
\ ~onservation File No 81
Re' The application of the Atlantic Richfield Company for an
exception ~o Title !1, Alaska Administrative Code, Secti_on
2056(a) to permit the use of slip joint casing in the perma-
frost sectiou without circulating cement on the permafrost
and surface str~ngs~ - of casing for the Drill Site No. 2
l,Ve' ' No. 32-3~-ii-14
~_& ·
~O~ION TO DISMISS PROTEST
ktlan:czc ?,ic,~z~eld Company, applicant herein, moves that
protestants be required to show cause why their protest .and
request for hearmng should not bo declared unauthorized and
void bM reason om anezr failure ~o aver and their inability
to prove that they are legally interested parties who may bc
ag&r,~-ieved by the requested order within the meaning of Title
I', Alaska Administrative Code~ Section 2009. In this con-
' : ~;2~ :i:e protestants herein have
nectzon zt is submitted ..... ~
failed to aver any fact sufficient ~o show that they are
legally interested parties that may be so aggrieved by the
requeste4 order, aha zurther submitted that protestants are
in fact not legally interested parties that may be so aggrieved.
Therefore, applicant moves ~at the protest and request for
hearing now on file herein be dismissed and that the issu~nce
of ~ ~ order for which a-~Dlication has been made be considered
by the Alaska Oil and Gas Conservation Committee without a
arm .
he - 'rig
Applicant further requests that the Committee consider this
motion ~rior to its consideration of the order for which
application has been made.
Respectfully submitted,
/./.." '. /
f~'" " ' ' ]~ H M Cole
' ·
.... ...' . . ,=o~j_;.?l_ Att~unoy for Applicant
'..:,(;/.,,?/ /~/~/" Atlantic Richfield Company
' +~' is Mot~
A copy oz ~ ton to Dismiss Protest has been delivered
to Edgar Paul Boyko, Esq., Attorney for Protestants.
LAW OFFIGES
BOYKO AND WALTON
330 "L" ~TRE~T
ANCHORAGE, ALASKA
T~LE?HONE 277-267!
BEFORE THE DEPARTMENT OF NATURAL RESOURCES
DIVISION OF OIL AND GAS,
..... ~ OIL AND GAS CONSERVATION CO~'edITTEE
STATE OF ALASKA
IN THE PLATTER OF:
The Application of Atlantic-Richfield
Company for an exception to Title 11,
Alaska Administrative Code, Section
2056(a) to permit the use of slip joint
casing in the perma-frost section with-
out circulating cement on the perma-
frost and surface strings of casing
for the Drill Site No. 2 Well No.
32-36-11-14.
Conservation File No. 81
REPLY TO APPLICANT'S MOTION
TO DISMISS PROTEST
Applicant has moved that protestants be required to
show cause why their protest and request for hearing should not
be declared unauthorized and void by reason of their failure to
aver and their inability to prove that they are legally interested
parties who may be aggrieved by the requested order.
The matter appears to be governed by the provisions of
the Alaska Administrative Procedure Act, Chapter 62 of Title 44
of Alaska Statutes. A.S. 44.62.220 gives the right to any
interested party to petition for adop'tion, re~eal or amendment
of a regulation. A.S. 44.62.230 provides that upon receipt of
such a petition, a state agency "shall, within thirty days, deny
the petition in writing or schedule the matter for public hearing
under paragraphs 190=210 of this chapter."
One of the cited requirements is publication, in a news--
paper of general circulation (A.S. 44.62.190(1).
A.S. 44.62.210 provides that:
"On the date and at the time and[ place
designated in the notice the agency shall
give each interested person or his autho-
rized representative, or .oo~n, hne oppor-
tUil'~ _ ~ ~- argume~ts~
!~y to present statements, .. ~
er contentions in writing, with er without
opportunity te present them era!]_y~ The
state agency shall consider all relevant
matter presented te it before adopting,
amending, er repealing a regulation.***'
BOYKO AND WAhION
330 "k" $IRE£I
ANCHORAGS, ALASKA
T~LEPHOH£ ~77.267'J
There ~are no Alaskan decisions which define the term
"interested person". However, the identical phrase has been
defined in carefully reasol~ed and\per'suasive decisions of appellate
courts elsewhere. Thus it was held that the assignee of an oil
and gas lease on an adjoining tract to another tract on which
a well was sought to be drilled, was an "interested person" who
could protest the granting of a drilling permit by the regula--
tory commission and was entitled to maintain an action to set
the commission's order aside.
Stanolind Oil & Gas Co. v Hidas Oil Co.,
(Tex. Civ. App.) 123 S.W. 2d 911, 913.
And see also:
Roosth & Genecov Production Co. v Shell
Oil Co. (Tex. Civ. App.) 175 S.W. 2d 653,
657 o
Cook Drilling- Co. v Gulf Oil Corporation
(Tex. Civ. App.) 155 S.W. 2d 638, 639.
Railroad Con%mission v Humble Oil & Refining
Co. (Tex. Civ. App.) 119 S.W. 2d 728, 730.
Railroad Cemmissien v Gulf Preduction Co.
(Tex. Civ. App.) 115 S.W. 2d 505, 508.
The individual pretestants have alleged they are
claimant~te oil and gas leases en adje'cent tracts in the general
area. The existence of their claim, which is the subject matter
ef pending litigatien, is a matter ef public recerd. P.$.ereover,
one ef %he issues in the upcoming hearing and one of the asser-
tions made in the pretest, is whether the preposed relaxation of
the regulations would result in an increased pollutien, bleweut
_ 3q
or crude oil leakage hazard, to t:_e detriment of the general
environment. It needs hardly be belabored, that any citizen ef
Alaska, er any group of citizens, is an "interested person" when
it comes to preventing the kind ef disaster which eccurred in the
Santa Barbara Channel, as a result efa not very disimilar relaxa-
tion ef regulations ef the United States Geological Survey,
granted upon, to be sure, equally self-asserted and self-cenfident
assurances and representatiens made by the major eil cempany
in that case.
--2--
LAW O~FI{:ES
BOYKO AND WALTON
330 "L" 5TR'~F-T
ANCHORAGE, ALASKA
T~L~PI'{Oh~E 277o2671
It is-sincerely hoped that the regulatory body of hhe
State of Alaska 6ntrusted with %he protection of the public
-
interest in the field of oil an~ gas, conservation-, will }nave --.' \ X
learned the object lesson which was taught by the Sanea ~arbara
Channel incident. A careful perusal of the previous hearing
file, whereby the first similar exemption was granted to 'i;he
same applicant, revealed a great paucity of searching inquiry
into the subject matter or of deeply probing cross-examination
of the applicant's expert witnesses. The present hearing presents
a priceless opportunity to the Department and the Committee to
make a better and more persuasive record, against which its
decision may some day be measured, if any unfortunate accidents
should unhappily occur.
Protestants wish to make it clear that they do not
intend to harass or obstruct the applicant's proper an¢l lawful
operations and activities. Rather, it is their desire to assist
both the applicant and the Committee in a careful examination of
the facts which may eventually prove to serve the pro~echion and
beneficial interest of both as well as of the public at large,
whose interest is and must be paramount and who until now have
not been represented, in an adversary manner, in any previous
proceedings of this nature before the Com~ittee.
The motion to dismiss the protest should be denied
and the hearing should proceed as scheduled, under the standards
and guidelines set forth by the Alaska Administrative Procedure
Act, set forth above.
Respectfully submitted,
BOYKO AND WALTON
oy o' ' /
~~ney for Pro~es~anLs
-3-
LAW OFFICES
BOYKO AND VVALTON
330 "L" 5TRE~T
ANCHORAGE, ALASKA
TELI~PHO~£ 277-267!
Certificate of Service
I hereby certify'th'a~_ copies of 'the foregoing Reply
--,.- \ X
to Applicant's Motion to Dismiss Protest have been personally
delivered to the following:
Conservation Committee of the Division of Oil and
Gas, Department of Natural Resources
Robert Hartig, Esq., Assistant Attorney General
H. M. Cole, Attorney for Applicant, Atlantic-
Richfield.
DATED this
day of October,
-4-
Tho appllcaf!on of the A*lant!c ~}Ichfleld Company for an e×¢op, lon to
TI,lo tl, Alaska Administrative Code, fiocflon 2056(a) to permit tho
of slip joint casln~ In the permafrost s~mtlon without clrculatlnfl
ce.~ent on the ~e~f~ost =nd surface s?rln~s of cnslng for th~ Drill
~t,e No. 2 ~ell No.
t~:3Tl.r~, T~ DIgMtSS APPLICATION
Atlantic Richfield Company,. anpllcant hareln~ ,~x.~ves that the application for ,.an
e×c¢.ption to Title !i~ ~taska Adm~e]strat[v¢ ~ode, Sectlon ?r)56(a) to port, It the
usf~ of sli.~ joint casinq tn the ~r~afn~s+ section without ctrcul-~t[nq ce?'~ent .on
the permafrost and surface strlnqs of casin¢ for the P. rlll
32~36-11~14 be dis.,-nlss¢}d without ~reiu~_']tc:{~ re. ,h.~Ir ri!_lht to re-fl le sa~>.~ ~nd
represents to the Oil and ~ ~
~a.., C_onsarvat~on F'o~mlttee that Attanflc Plchfi~t:]
Comnan¥ has decided at this t!~~, not to drill the well for whlch fhls a~p!ica-
·
tlon ~-ms made, but rather to use th(~ rt~ on another ,x;~ior~'fl'ory w(,ti.
i:bS?ectfully submitted,
HOYT M, COLE:
ATTORNEY AT LA~,,V
POST OFFICE Box 360
ANCHORAGE, ALASKA 99~01
T~LEpHONE
(907) 277-56S7
AFFIDAVIT OF
..
PUBLICATION
STATE OF ALASKA, )
THIRD JUDICIAL DISTRICT, ) ss.
being first duly sworn on oath
deposes and says that .... .".';]%?. ....
is the ..... ?4~.~J.?.~....~.i~..<J.?:~l. rof the
Anchorage News, a daily news-
paper. That said newspaper has
been approved as a legal news-
paper by the Third Judicial Court,
Anchorage, Alaska, and it is now
and has been published in the
English language continually as
a daily newspaper in Anchorage,
Alaska, and it is now and during
all of said time was printed in an
office maintained at the aforesaid
place of publication of said news-
paper. That the annexed is a true
copy of a ..:..~..~.~;::~.,....;.;.~.~:.,,.~.,.~:.
as it was published in regular
issues (and not in supplemental
form) of said newspaper for. a
,¢:,
period of ._.,.C.:.~:.~ ....... insertions,
commencing on the ...... .~...day
of .... 0.a:~.o]:~.n...;~9 .~.9, and
ending on the ..... :.~; ........... day of
of ...C.g:.i:;(.~4~. ......... , 19...~:~,
both dates inclusive, and th"~t
such newspaper was regularly
distributed to its subscribers dur-
ing all of sa.id period. That the
full amount of the fee charged
for the foregoing publication is
the sum of $ t'i..'),,,~ which
amount has been paid in full at
the rate of 25¢ per line; Mini-
mum charge, $7.50.
Subscribedfd sworn to before
me this..~ .... day
19...~.~.~
Notary Public in and for
the State of Alaska,
Third Division,
Anchorage, Alaska
........ ././.....,
NOTICE' OF PUBLIC HEABING
STATE OF ALASKA,
DEPARTMENT OF
NATURAL RESOURCES
DIVISION OF OIL AND GAS
Alaska Oil and ,Gas. Conservation
Committee ,
Conservation. 'File No. 8l
·
Re: The application o£ tb~ Atl'an.
tie ~ehfleld Co~pany
exception' 'to . Title ~1, ~aska
Admi~s~a~lve code, Section 2056
(a) ~o permit ih.e use 'o~ slip
joint.casing ~ the permafrost ~ee.
tion wt. thout 'circulating cement
on 'the p.er~a~r0st and Surface
strlng~ o~ casing ~or the Drill
Site No. 2. Well.'.N0 32-36-11'-14.
Notice 'ts. 'hereby "given that the
public heari~]g that Was held oJ3
Septembei',24; .1969 'a( the Ben Craw.
~rfl Mo~?:~;-I 'T::" f;--':'; ,. has becel
c:,,;~:- u~,:l ':m:'l '.':?. a '~a'., 'October
14. "9.79 i'~ l'.e .~,':~c ,'. eting room.
At tl~t t~e;~le Atlantic Richfield
Compa~Y~?J.~e~':~ ~]tCa~)t., 'and the
Alaska Ihdependent. O11. ~d Gas
Association, Pete~, .Zamarello~ Nell
Mackay aha Mi~h'~bl Webster, the
will b'e heard.
R. Marshall,
Secretary
Oil and Gas
Conservation Committee
3001 Pc.reupine Drive
Anchorage, Alaska 99504
PUb~sh: October 3, 1969
J Leg~ Notice
NOTICE OF PUBLIC HEARING
STATE OF ALASKA
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF OIL AND GAS
Alaska Oil and Gas Conservation Committee
Conservation File No. 81
Re: The application of the Atlantic Richfield Company for an exception
to Title ll, Alaska Administrative Code, Section 2056(a) to permit
the use of slip joint casing in the permafrost section without
circulating cement on the permafrost and surface strings of casing
for the Drill Site #2 Well No. 32-36-11-14.
Notice is hereby given that the public hearing that was held on
September 24, 1969 at the Ben Crawford Memorial Building has been
continued until 9:30 a.m., October 14, 1969 in the same meeting room.
At that time the Atlantic Richfield Company, the applicant, and the
Alaska Independent Oil and Gas Association, Peter Zamarello, Neil Mackay
and Michael Webster, the protestants, will be heard.
Thomas R. Marshall., Jr.
Executive Secretary
Alaska Oil and Gas Conservation Committee
3001 Porcupine Drive
Anchorage, Alaska 99504
Publish October 3, 1969
NOTICE
Re-scheduling of Time and Place of Public Hearing
STATE OF ALASKA
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF OIL AND GAS
3001 Porcupine Drive
Anchorage, Alaska 99504
Conservation File No. 81
Re: Conservation File No. 81
Atlantic Richfield Company Drill Site No. 2 Well No. 32-36-11-14
A protest and a request for a public hearing has been timely filed with
the Oil and Gas Conservation Committee. The hearing scheduled for 9'30 a.m.,
September 24, 1969, at 3001 Porcupine Drive, Anchorage, Alaska, has been
re-scheduled for lO:O0 a.m., September 24, 1969, in the basement meeting
room of the Ben Crawford Memorial Building, Third Avenue and Eagle Street,
Anchorage, Alaska.
A request for a continuance of the hearing until early October has
also been received and will be made a part of the hearing.
!
Thomas R. Marshall, Jr.
Executive Secretary
Alaska Oil and Gas Conservation Committee
3001 Porcupine Drive
Anchorage, Alaska 99504
Post: September 24, 1969
APPLICATION OF THE ATLANTIC RICHFIELD COMPANY FOR AN
EXCEPTION TO TITLE II, ALASKA ADMINISTRATIVE CODE,
SECTION 2056-A, TO PERMIT THE USE OF SLIP-JOINT CASING
IN THE PERMAFROST SECTION WITHOUT CIRCULATING CEMENT
ON THE PERMAFROST AND SURFACE STRINGS OF CASING FOR
THE DRILL SITE NO. 2, WELL NO. 32-36-11-14.
PROTEST AND REOUEST FOR HEARING BY ALASKA
INDEPENDENT OIL AND GAS ASSOCIATION
CONSERVATION FILE 8J
DATE OF HEARING SEPTEMBER 24~ 1969
PROCEEDINGS
MR. BURRELL: Oil and Gas Conservation Committee hearing, Conservation
File 81. I'm Homer Burrell, O. K. Gilbreth on my right, Tom Marshall on my
left, of the Oil and Gas Conservation Committee; Harry Kugler as advisor. At
the end of the table there is Mrs. Wedekin who is helping us out today.
Conservation File No. 81 is the application of the Atlantic Richfield
Company for an exception to Title II, Alaska Administrative Code, Section
2056-A, to permit the use of slip-jolnt casing in the permafrost section with-
out circulating cement on the permafrost and surface strings of casing for the
Drill Site No. 2, Wel~ No. 32-36-11-14. This was advertised in the Anchorage
Daily News on September 13, 1969.
On September 19, 1969, a protest and request for hearing was received
by the OiI and Gas Conservation Committee, and I shalI read that into the record.
"Protest and Request for Hearing. Come now A~aska Independent O~l and Gas
Association, Peter Zamarello~ Nei~ McKay, and Michael Webster. And show that
they are citizens of the State of Alaska and are certain that these protestants
are bidders who bid the h~gh bonus and h~gh royalty on certain oil and gas ~eases
in the area involved in the above described app~ication"(which is the At~antic
Richfield appl~cation as previously read)"and are in the process of establishing
.
their said leases through court procedure. That as such citizens and bidders,
these protestants are interested In the preservation of the o~ and gas in said
area and in the prevention of pollution and waste in said area. That these
protestants protest the permission for the use of slip-joint casing in such well,
and further protest the drilling of said well without circulating cement in and
around the permafrost and surface strings of caslng~ for the reason that such
action wou~d creat a hazard and danger of blowouts and pollution of the surface
and of sub-surface strata in said area which would cause irreparable damage and
waste if such b~owout occurred. Wherefore, protestants demand a public hearing
-2-
on said matter as required by applicable laws, rules and regulations." And
it is signed by Edward Paul Boyko, attorney for protestants.
On September 22, Mr. Boyko, on behalf, as attorney for protestants,
Alaska Independent Oil and Gas Association, et al, filed a motion for contin-
uance, which I shall also read into the record. "Come now the protestants
here in a mood to continue the hearing now scheduled for September 24, 1969,
at 9~00 A.M., on the ground that the present hearing date does not allow them
sufficient time to prepare their testimony and to obtain the necessary attendance
of expert witnesses in time for the determination of this important matter.
Protestants suggest any date on or after October I, 1969." Signed by Edgar
Paul Boyko.
Fo~owing that, on September 23, 1969, the Atlantic Richfield Company,
by their attorney~ H. M. Co~e, f~ed a response to the motion for continuance
which ~ sha~ also read ~n the record. "Without waiving any procedure or sub-
sequent rights whatever, Atlantic Richfield Company~ applicant herein, advises
that it does not oppose protestant~ motion for continuance now on file herein.
Applicant requests that if said motion be granted, then the hearing now scheduled
for September 24, ~969, at 9:00 A.M.~ be rescheduled for October ~4, ~969."
Signed by H.M. Co~e.
The following not~ce was attached to the offices of the Oil and Gas
Conservation Committee this morning~ and I shall not read that. it just stated
the protest and request for continuance and to move the hearing from those
offices to the Ben Crawford Memoria~ Bu~ding,~where~'~we are now.
Does the ~pp~icant have testimony or statements which he w~shes to
make?
MR. COLE: Mr. Chairman, I'm H. M. Cole, attorney for At~antic
Richfield Company. We don't fee~ at this time, ~n v~ew of protestants motion
to continue this, as you have indicated~ we wou~d not oppose, and that it wou~d
not be. either desirable or necessary at this t~me.
-3-
MR. BURRELL: Thank you, Mr. Cole. Is anybody here for the
protestants? Is there anybody in the audience who wishes to ask any
questions or make any statements?
The case of the hearing is adjourned.
I NOTICE OF PUBLIC HEARING
·
STATE OF ALASKA
DEPARTMENT OF
NATURAL RESOURCES .
DIVISION OF OIL AND OAS
Alaska Oil and Gas Cons. ervation
Committee
Conservation File No'. '81
Re: The application o£ tile. Atlan-
tic Richfiel'd Company for an
exception to Title 11, Alaska
Admir/istrative Code, Section 2056
(a) to permit the use of slip
joint Casing in the permafrost sec.
tlon without circulating cement
on the permafrost' and surface
.strings of casing for the. Drill
Site No. 2 Well. Ne.. 32-35-11~14.
Notice is l~ereby given that' 'the
public hearing that was held on
September 24, 1969 at the Ben cr'aw,
ford Mem0rl.al Bull.ding has. been
continued until 9:30 a.m., OctOber
14, 1969,"in. ,the same meeting room.
At that tinie..',th, e.~tlantic Richfield
'Company, the~ .applicant, and the
Alaska Independent Oil and Gas
Association; ..P.eter Zamarello, Neil
Mackay and' Michael' Webster, the
protestants, ..~111 be heard... .:.....
Thomas R.. Marshlall, Jr.
,,,
., EXeCutive Secreta,~ ~.
· 'XlaSl/'a Oil and ~'i-~'
Conservation Committee
' 3001 Pc,rcupine"Drive ' '
AnchOrage, Alaska 99504
'Publish: '~'~ctober 3, 1969
iLega! l~ol~.!,ce No. 2127
STATE OF ALASKA, DEPARTMENT OF NATURAL RESOURCES, DIVISION OF
OIL AND GA~~ ALASKA OIL AND GAS CONSE~:'~TION COMMITTEE.
Conservation File No. 81
Re:
The application of the Atlantic Richfield
Company for an exception to Title 11, Alaska
Administrative Code, Section 2056(a) to per-
mit the use of slip joint casing in the
permafrost section without circulating cement
on the permafrost and surface strings of
casing for the Drill Site #2 Well No. 32-36-11-14.
PROTEST. AND REQUEST FOR HEARING
Come now Alaska Independent Oil & Gas Association,,, ~
Peter Zamarello, Neil Mackay and Michael Webster
and show that they are citizens of the State of Alaska and
that certain of these protestants are bidders who bid the high
bonus and high royalty for certain oil and gas leases in the
area involved in the above described application and are in
the process of establishing their said leases through court
procedure.
That, as such citizens and bidders, these protestants are
interested in the preservation of the oil and gas in said area
and in the prevention of pollution and waste in said area.
That these protestants protest the permission for the use
of slip joint casing in such well and further protest the drilling
of said well without circulating cement 'in and around the
permafrost and surface strings of casing for the reason that such
action would create a hazard and danger' of blow- outs and
pollution of the surface and subsurface strata in said area
which would cause irreparable damage and waste if such blow-out
occurred.
WHEREFORE, protestants demand a public hearing on said
matter as required by the applicable laws, rules and regulations.
I
~W~ON al: o~ ANO.
BOYKO AND WALTON
,,,,'~..,~R PAU.L BOYKO,'
(---Atftorney for Protestant~
STATE OF ALASKA, DEPARTMENT OF NATURAL RESOURCES, DIVISION OF
0IL AND GAS, ALASKA OIL AND GAS CONSERVATION COMMITTEE.
Conservation File No. 81
Re: The application of the Atlantic Richfield
Company for an exception to Title 11, Alaska
Administrative Code, Section 2056(a) to per-
mit the use of slip joint casing in the
permafrost section without circulating cement
on the permafrost and surface strings of
casing for the Drill Site #2 Well No. 32-36-11-14.
PROTEST AND REQUEST FOR HEARING
Come now Alaska Independent Oil & Gas AssociatiQnj
Peter Zamarello, Neil Mackay and Michael Webster
and show that they are citizens of the State of Alaska and
that certain, of these protestants are bidders who bid the high
bonus and high royalty for certain oil and gas leases in the
area involved in the above described apPlication and are in
the process of establishing their said leases through court
procedure.
That, as such citizens and bidders, these protestants are
interested in the preservation of the oil and gas in said area
and in the prevention of pollution and waste in said area.
That these protestants protest the permission for the use
of slip joint casing in such well and further protest the drilling
of said well without circulating cement in and around the
permafrost and surface strings of casing for the reason that such
action would create a hazard and danger of blow- outs and
pollution of the surface and subsurface strata in said area
which would cause irreparable damage and waste if such blow-out
occurred.
WHEREFORE, protestants demand a public hearing on said
matter as required by the applicable laws, rules and regulations.
BOYKO AND WALTON
.,.-'~'D~-.,~R PAUL BOYKO, /
(---A~'torney for Protestant~
LAW OFFICES
BOYKO AND WALTON
330 "L" STREET
ANCHORAGE, ALASKA
TELEPHONE 277-267!
Re:
STATE OF ALASKA, DEPARTMENT OF NATURAL RESOURCES, DIVISION
OF OIL AND GAS, ALAStCA OIL AND GAS CONSERVATION COMlVlITTEE /
Conservation File No. 81 - - '
The application of the Atlantic Richfield
Company for an exception to Title 11, Alaska
Administrative Code, Section 2056(a) to permit
the use of slip joint casing in the permafrost
section without circulating cement on the perma-
frost and surface strings of casing for the Drill
Site ~2 .Well No. 32-36-11-14.
FJL~
.
'CONSENT 'TO' ' ~'~,' ....
H.~ARTNG 'DATE
Protestants consent t° re-scheduling the administra-
tive hearing for October 14, 1969, at 9:00 a.m., in ~he Ben
Crawford Memorial Building, Third Avenue and Eagle Street,
Anchorage, Alaska.
Respectfully submitted
BOYKO AND WALTON
gar Paul Boyko
This is to certify that a copy of
the foregoing was mailed to Mr.
Homer Burrell, Department of Natural
Resources, State of Alaska, 3001
Porcupine Drive, Anchorage, Alaska,
and to Mr. Hoyt M. Cole, 711 Eighth
Avenue, PO Box 360, Anchorage, Alaska,
on the ~4th day of Sep~c~mber, I1969.
HOYT iV[, COLE
ATTORNEY AT LAW
'~11 EIGHTH AVENUE
POST OFFICE BOX 360
ANCHORAGE, ALASKA
TELEPHONE
(907) 277-5637
STATE OF ALASKA, DEPARTMENT OF NATURAL RES00RCES, DIVISION OF
OIL AND GAS, ALASKA OIL AND GAS CONSERVATION COt~{ITTEE.
Conservation File No. 81
Re: The application of the Atlantic Richfield
Company for an exception to Title 11, Alaska
Administrative Code, Section 20S6{a) to permit
the use of slip joint casing in the permafrost
section without circulating cement on the perma-
frost and surface strings of casing for the Drill
Site #2 Well No. 32-36-11-14.
R~SPONSE TO MOTION FOR CONTINUANCE
Without waiving any procedural or substantive rights whatever,
Atlantic Richfield Company, applicant herein, advises that it does
not oppose protestants' motion for continuance no~ on file herein.
Applicant requests that if said motion be granted, then the
hearing now scheduled for September 24, 1969, at 9:00 AM be rescheduled
for October 14, 1969.
Respectful ly submitted,
H. M. Cole
Attorney for Applicant
Atlantic Richfield Company
A copy of this Response to Motion for
Continuance has been delivered to
Edgar Paul Boyko, Esq., Attorney for
Protestants
LAW OFFICES
BOYKO AND WALTON
330 -' L"
ANCHORAGE. ALASKA
TELEPHONE Z77-267!
STATE OF ALASKA, DEPARTMENT OF NATURAL RESOURCES, DIVISION OF
OIL AND GAS, ALASKA OIL AND GAS CONSERVATION COM!MITTEE.
Conservation File 'No. ·81
Re:
The application of the Atlantic Richfield
Company for an exception to Title 11, Alaska
Administrative Code, SeCtion 2056(a) to per-
mit the use of slip joint casing in the
permafrost section without circulating cement
on the permafrost and surface strings of
casing for the Drill Site· ~2 Well No. 32-36-11-14..
MOTION FOR. CONTINUANCE
Come now the protestants herein and move to continue
the hearing now scheduled for September· 24, 1969, .at 9:00 a.m.
on the ground that the ·present hearing date does' not allow
them sufficient time to prepare their testimony and to
obtain the necessary attendance of expert witnesses in time i
for the determination of t_his important matter.
Protestants suggest any date on-or after October 1,
. .
1969.
Respectfully submitted,.
BOYKO A/ND WALTON
/~dg~r PauI Boy~o /.
/ A%~orney for 'Protes~/.a_nts _
~~A~as~_k_a Independent/Oil and
Gas Associa-tion~ et al
· ~¥ ~ oF copy
~C~owz~Dj~.D OZ~
NOTICE OF
PUBLIC HEARING
STATI{ OF ALASKA
DEPARTMENT
OF NATURAI. RESOURCES
DIVISION
OF O~L AND GAS
Alaska Oil and Gas
Conse~atiou Fi~e No. S1
Re: The appi~cauon of the AdanUC
R~chfleld company for an ex-
ceptkm to Title II. Alaska
m~mstrative Code. Section
~056(a) tc permit the use of slip
lmm casin~ in the permafrostl
section without circulating
cement on the ~afrost and
surface strings of casing for the
D:-ill Site =2 Well No.
Not,ce is hereby giver, that the
tion Commltee to issue ~n order
exempting the referenced Well from
the cementing requirements of Title
Xl, Alaska Administrative Code, ~c-
lion Z056(a). Parties who may
aggrieved if tiao requested order
issued are allowed ten fl0~ days
'rom the date of this publication in
~'hich to file a protest and request
for hearing. Place of filing is 3001
Porcupine Drive, Anchorage. Alaska.
If sUCh a protest is timely filed, a
hearing on the mat~er will ~ held
at the abo~e address at 9:30 a.m.
September 24. 1969 at which time
protestants and others may be
heard. If no such protest ia timely
filed, the Committee will consider
the issuance of the order without
hearing,s)
Thomas R. Marshall,
Executive Secretary
Alaska Oil and Gas
Consolation Committee
300l Porcupine Drive
Anchorage, Alaska
99504
PUBLISH: Sept. 13, 1969
Proof of Pufiication
ANCHORAGE DALLY TIMES
D/V/SION OF Olt AND OAS
JOSEPH D KOLLER
........................................... '....: ........................................................................... being duly sworn, according
to law declares: That he is the .............. AD..~.ET.I&.i.~-.G......D.!.~$..C...T....0..R.. ............. of'The Anchorage
Daily Times, a daily newspaper published in the town of Anchorage, in the Third Judicial Divi-
_. ~UBLIC &£Ai~iNG: CONSERVATION FILE
sion, State of Alaska; that the notice ox ............................................................... ~'O~""8~'~"~";'i"~'~'"
SE~T ....13.,...19..6.9. ........................................
a copy of which is hereto attached, was published ..... ,....
in said Anchorage Daily Times. beginning wi~h the issue of ........... ..~.~.~.?.~.....]:..3. ............. 19..~.?.. .....
and ending with the issue of ............
. ........
.
Subscribed and sworn to before me this ~h, ??da~ ~ $E~. [~ ~a 69
· '-~ .... f'~ .......... ~ ...... e.--"-~'-~: .... - ................. : ........
Notary Public ~or the 83~e o~ Alaska. -
!
STATE OF ALASKA
DEPARTMENT
OF NATURAL ,RESOURCF-~
DIVISION
OF OIL AND GAS
Alas~/a'0ii and Gas
,'".~' . Coll~ervation' · ,.
' , ~ ~Committee
.'-.' Cohservati0r~'File No. 81. .. '
Re: Th~ applicatioi.of the Atlantic
. Richfield., C/)m:pan,~ for an-,. e..x-
ce~!.on/..~,~o' !~Ti'de_ll: ?Alas~ka .Ad,-
,.j ol//t :../f~i'n~ ..~!~ .' the: peima~ros~}
, ,'SeB't'"{:tln'~ ~;it~o.u.~ '.Ci~'~Blating
and
i. ',~//~'d~' :':'st/"ir/gs'of casihg,'f./)r ,the
. ~. EA,}il.l?...~.te:. '~ ~ ..Well ' .N/).,. 13146; Il.
,'~. ,~,~.~.'".14:'~)~,,:'.ic,'.~,~:. ~" .... ,'" ~' .
,~ti~, itai~,~here'b~., given'. ~:hat .the'
.'A~.~/t~i'C'i.~Ri,'~.'hii~ld :COrnl~wy has
~ ~ 'Oil and. G~- Consen, a-
tion Commitee to issue an order
~mpfi~g ~e ~ferenced welt from'
· e .~en~ ~uiremen~' of
!1, Alaski Ad~Intst~tive Code. ~c-
tion ~(a). ~a. Alis who may
agg~ev~, if ~e ~ques~ed ~der
i~sued:.are allbwed ten:(10) '~a~s
f~m ~e date of this publication in
~hl~h ~t0'. i~le ,,~". P~otest .and. r~e~t...
.~,,,,~i,~,~¥~,',~?'",fl,~i~%~i~'
~ro~estants and others
no:~,such, ,pro~es~is ~imely
,:c~mi:t~ee~ Will constde~
%~,of':,'the o~der, without a~
,',':~' ~.'..~rsh~n,,
Alaska
Di.V~51O.',; 0£ OZU ,',;.;D (;7,,:.;
Conscrv.'.:'Lion File i';o. 6'
Re: Thc ap~olication of the ~ ~":-? -~
-.~lantic ieid Con?any for an c:-:ccption
to Title 1i, Alaska Administrative Code, Section 2056(a)'to permit
the use of slip joint casing in the permafrost section without
circulating cement on the permafrost and surface strings of casing
for the Drill Site'¢j2 Well No. 32-36-11-14.
Notice is hcrebygiven that the Atlantic Richfield Company has
requested the Oil and.Gas Conservation Con'~ittee to issue an order
exempting the referenced well from the cementing requirements of Title 1'1,
..
Alaska Administrative Code, Section 2056(a). Parties who may\be aggrieved
if the requested order is issued are allowed ten (10) days from the date
, ,
of this publication in which to file a protest and request for hearing.
Place of filing is 3001 Porcupine Drive, Anchorage, Alaska° If such a
protest is timely filed, a hearing on the matter wi'Il b'e held at the above
address at 9:30. a.'a. September 24, 1969 a~ which ~ime protestants and others
may be heard. If no such pro-ces~ is' tiraely filed, ~ha Coiranittee will cOnSider
,
the issuance of the order without ~ hea.~..~,no. ,'
:" ,;"':~-~'~AI ~/: ..'"'
, ~ ./," . ~,,,
Thomas R. Marshall, Jr.
'ii" 'Executive Secretary
.'.!asks Oil '~-'~
,.,nc: Gas Conservation Co~nittce
3301 i'~orc'a"~ i'ae D:.' iw?.
Zachorage, f, iaska 99504
Publish Septe:ubc. r 13, 1969
NOTICE OF PUBLIC HEARING
STATE OF ALASKA
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF OIL AND GAS
Alaska Oil and Gas Conservation Committee
Conservation File No. 81
Re: The application of the Atlantic Richfield Company for an exception
to Title 11, Alaska Administrative Code, Section 2056(a) to permit
the use of slip joint casing in the permafrost section without
circulating cement on the permafrost and surface strings of casing
for the Drill Site #2 Well No. 32-36-11-14.
Notice is hereby given that the Atlantic Richfield Company has
requested the Oil and Gas Conservation Committee to issue an order
exempting the referenced well from the cementing requirements of Title 11,
Alaska Administrative Code, Section 2056(a)o Parties who may be aggrieved
if the requested order is issued are allowed ten (10) days from the date
of this publication in which to file a protest and request for hearing°
Place of filing is 3001 Porcupine Drive, Anchorage, Alaska. If such a
protest is timely filed, a hearing on the matter will be held at the above
address at 9:30 a.m. September 24, 1969 at which time protestants and others
may be heard. If no such protest is timely filed, the Committee will consider
the issuance of theL order without a hea~ng.~~~.~. .~' ~/~~/~
Thomas R. Marshall, Jr.
Executive Secretary
Alaska Oil and Gas Conservation Committee
3001 Porcupine Drive
Anchorage, Alaska 99504
Publish September 13, 1969