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Home My WebLink AboutO 166Other 166 1. March 20, 2019 Alaska Climate Action Network Petition for a Hearing 2. May 16, 2019 AOGCC response 3. ------------------- emails INDEXES Carlisle, Samantha J (CED) From: Sent: To: Cc: Subject: Attachments: Tracking: Ms. Smith, Carlisle, Samantha J (CED) Thursday, February 20, 2020 2:49 PM Ceal Smith Brentwood Higman; Pamela Miller; Colombie, Jody J (CED) RE: March 20, 2019 hearing request OTH-19-005.pdf Recipient Ceal Smith Brentwood Higman Pamela Miller Colombia, JodyJ (CED) Delivery Delivered: 2/20/2020 2:49 PM I am attaching the response that was sent to you via email on May 16, 2019. Please let me know if you need anything else. Thank you, Samantha Carlisle Executive Secretary III Alaska Oil and Gas Conservation Commission 333 West 701 Avenue Anchorage, AK 99501 (907) 793-1223 Read Read: 2/20/2020 2:51 PM CONFIDL:NTIALI TYNOUCE. Iles (-,mail m, sage, inchltting ante attaChmcuts, contains intotvtation from I tic -Alaska Od and (,as Conservation Commission (Ah(,( C), State^ of ;Alaska and is for the sole use of the iiitetit d rk idpienI(,). It may contain confidential and, m privileged information. The un.mthorized mviem-, uce or disclosmre of such fnfoi mall(n1 ma}- t folate stat" or Crdrrol last If you am an unintended iedpienI of this o-mait, pleexe delay, if, without first saving or forwarding it, and, so that phut AOC(; L is ol,areof the mistake in vending it to you, c'ontad Samantha (at Iisle i I 1 (90 7) 791-1221 or 4.auumthft.Carlisk a ul t.kp,t, From: Ceal Smith <ceal@akclimateaction.org> Sent: Thursday, February 20, 2020 1:26 PM To: Carlisle, Samantha J (CED) <samantha.carlisle@alaska.gov> Cc: Brentwood Higman <hig314@gmail.com>; Pamela Miller <pamela@akaction.org> Subject: Re: March 20, 2019 hearing request Hi Samantha, On March 20, 2019 the Alaska Climate Action Network, Ground Truth Trekking and Alaska Community Action on Toxics filed the attached Request for Hearing. To date, we have not heard back from the AOGCC. We will be preparing a new request but I wanted to check with you to see what, if anything, is on the record regarding our March 20th request. Thank you! Ceal Ceal Smith, MSci Research & Policy Analyst Alaska Climate Action Network Join AK CAN! on Facebook Eagle River, AK 907.952.7472 On Dec 18, 2018, at 12:55 PM, Carlisle, Samantha J (DOA) <samantha.carlisle@alaska.aov> wrote: Thank you! From: ceal@akclimateaction.ore <ceal@akclimateaction.org> Sent: Tuesday, December 18, 2018 9:52 AM To: Carlisle, Samantha J (DOA) <samantha.carlisle@alaska.eov> Cc: lois Epstein <lois eystein@tws.org>; Kate Troll <kate.troll@email.com>; Alaska Climate Action Network <ceal@akclimateaction.org> Subject: Dec 18th hearing docs 1:2 (petition) Good morning, Unfortunately due to poor road conditions I'm unable to attend the hearing this morning in person. I will be calling in, but please see the attached documents. 1 of 2 emails, here is the signed petition. I will send an addendum with additional signatures later today. Thank you, Ceal Smith Ceal Smith, MSci Research & Policy Analyst Alaska Climate Action Network Join AK CAN! on Facebook Eagle River, AK 907.952.7472 Carlisle, Samantha J (CED) From: Pamela Miller <pamela@akaction.org> To: Carlisle, Samantha 1 (CED) Sent: Thursday, February 20, 2020 2:59 PM Subject: Read: March 20, 2019 hearing request Your message To: Subject: March 20, 2019 hearing request Sent: Thursday, February 20, 2020 11:58:42 PM (UTC+00:00) Monrovia, Reykjavik was read on Thursday, February 20, 2020 11:58:38 PM (UTC+00:00) Monrovia, Reykjavik. Carlisle, Samantha J (CED) From: Microsoft Outlook To: Ceal Smith; Brentwood Higman; Pamela Miller Sent: Thursday, February 20, 2020 2:49 PM Subject: Relayed: RE: March 20, 2019 hearing request Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: Ceal Smith ceal akclimateaction.or Brentwood Higman (hig314(cbgmail com) Pamela Miller (pamela@akaction org) Subject: RE: March 20, 2019 hearing request I THE STATE OIALASKA May 16, 2019 GOVERNOR MIKE. DUNLEAVY Ceal Smith, Director Alaska Climate Action Network Eagle River, Alaska Sent by Email: ceal(ci)akclimateaction.ore Bretwood Higman, PhD Ground Truth Trekking Soldotna, AK Sent by Email: hig314(fi�email.com Pam Miller, Executive Director Alaska Community Action on Toxics Anchorage, AK Sent by Email: namcla c ,akaction.org Re: Docket Number: OTH-19-005 Petition for a Hearing Dear Ms. Smith, Mr. Higman and Ms. Miller: Alaska Oil and Gas Conservation Commission 333 West Sevenll, Avenue Anchorage, Alaska 99501-3572 Main: 907.279.1433 Fax: 907.276.7542 www. a og c c. olaska. gov The Alaska Oil and Gas Conservation Commission (AOGCC) received a "petition for a hearing on a complaint of waste," dated and received March 20, 2019, from Alaska Climate Action Network (ACAN). ACAN requests a hearing on the following: A. 1,468 releases in excess of 1 hour reported to AOGCC between January 2012 and January 31, 2017, with special focus on releases greater than 100,000 Mcf, as documented in data obtained from your agency and shown in Table 1 below. B. As yet undetermined number of gas releases in excess of 1 hour reported to AOGCC between February 1, 2018 and October 20, 2018 as indicated in documents released to the Alaska Climate Action Network on January 4, 2019, and C. As yet undetermined number of gas releases in excess of 1 hour reported to AOGCC since October 20, 2018. According to ACAN, "these releases indicate that a significant level of waste of Alaska's oil and gas resources has occurred in possible violation of applicable statutes listed in Appendix I below." With regard to paragraph A, 1,486 releases in excess of 1 hour" over a five year period — essentially a request for a hearing on nearly 1,500 matters — is an insufficient description to permit AOGCC to craft a public notice containing adequate detail to allow interested parties to know the Docket No. OTH-19-005 Ceal Smith May 16, 2019 Page 2 of 2 basis for ACAN's claims of waste, whether their interests may be affected, and if so, what evidence would be relevant to a determination of ACAN's claims. In addition, apart from the occurrence of the releases, no support is offered for ACAN's assertions that the releases constitute "waste." Table 1 is information obtained from gas dispositions reports required by law to be filed with AOGCC on a monthly basis. By law, gas disposition reports are received monthly for every production facility in the state. For flaring / venting longer than an hour, an operator must submit a written supplement explaining why the gas was flared / vented, the duration of the flaring / venting, the volume flared / vented and the actions taken to minimize flaring / venting. The reports, including the supplements, are reviewed by AOGCC, which determines within 90 days if the flaring / venting is authorized or constitutes waste. AOGCC's determination is set forth on the gas disposition form. Gas disposition reports do not, standing alone, constitute evidence of waste. For these reasons, ACAN's request for a hearing on the matters in paragraph A is denied at this time. With regard to paragraphs B. and C., no factual basis is provided for the "as yet undetermined number of gas releases" claims. AOGCC does not schedule hearings to address "as yet undetermined" claims. Nor do "as yet undetermined claims" set forth any basis for a claim of waste. ACAN's request for a hearing on the matters in paragraphs B and C is also denied at this time. Sincerely, Daniel T. Seamount, Jr Commissioner ssie L. Chmielowski ommissioner As provided in AS 31.05.080(x), within 20 days after written notice of the entry of this order or decision, or such further time as the AOGCC grants for good cause shown, a person affected by it may file with the AOGCC an application for reconsideration of the matter determined by it. If the notice was mailed, then the period of time shall be 23 days. An application for reconsideration must set out the respect in which the order or decision is believed to be erroneous. The AOGCC shall grant or refuse the application for reconsideration in whole or in part within 10 days after it is filed. Failure to act on it within 10•days is a denial of reconsideration. If die AOGCC denies reconsideration, upon denial, this order or decision and the denial of reconsideration are FINAL and may be appealed to superior court. The appeal MUST be riled within 33 days after the date on which the AOGCC mails, OR 30 days if the AOGCC otherwise distributes, the order or decision denying reconsideration, UNLESS the denial is by inaction, in which case the appeal MUST be filed within 40 days after the date on which the application for reconsideration was filed. If the AOGCC grants an application for reconsideration, this order or decision does not become final. Rather, the order or decision on reconsideration will be the FINAL order or decision of the AOGCC, and it may be appealed to superior court. That appeal MUST be filed within 33 days after the date on which the AOGCC mails, OR 30 days if the AOGCC otherwise distributes, the order or decision on reconsideration. In computing a period of time above, the date of the event or default after which the designated period begins to run is not included in the period; the last day of the period is included, unless it falls on a weekend or state holiday, in which event the period runs until 5:00 p.m. on the nett day that does not fall on a weekend or state holiday. Colombie, Jody J (DOA) From: Colombie, Jody J (DOA) Sent: Thursday, May 16, 2019 1:45 PM To: teal@akclimateaction.org, hi9314@gmail.com, pamela@akaction.org Subject: OT H -19-005 Attachments: OTH 19-005.pdf AOGCC's response to your petition for a hearing on a complaint of waste, dated and received March 20, 2019. l„Ji J ('ulunrhir ��nrird .Il1iSTU71/ . ILisArr Oil uml (ius ('oim,rrulion ( mmnis)ion Inn 9901 190-1 93-12,1 !)incl Alaska Climate Action Network March 20, 2019 Ms. Jody Colombie Alaska Oil and Gas Conservation Commission 333 W. 7" Avenue Anchorage, AK 99501 aogm.customer.svcna alaska.gov iody.colombie@alaska.gov Dear Ms. Colombie, This document is a petition for a hearing on a complaint of waste as required under AS 31.05.060(a). We are specifically requesting a hearing on the following: A. 1,468 gas releases in excess of 1 hour reported to AOGCC between January 2012 and January 31, 2017, with special focus on releases greater than 100,000 Mcf, as documented in data obtained from your agency and shown in Table 1 below, and B. As yet undetermined number of gas releases in excess of 1 hour reported to AOGCC between February 1, 2018 and October 20, 2018 as indicated in documents released to the Alaska Climate Action Network on January 4, 2019, and C. As yet undetermined number of gas releases in excess of 1 hour reported to AOGCC since October 20, 2018. These releases indicate that a significant level of waste of Alaska's oil and gas resources has occurred in possible violation of applicable statutes listed in Appendix I below. Please open a docket for this petition and notify me at cealna,akclimateaction.org Bretwood Higman at hig314na.gmail.com and Pam Miller at pamelana,akaction.org of the date of the hearing. We will be urging the commission to take action upon this complaint at the hearing. Sincerely, Ceal Smith, Director Alaska Climate Action Network Eagle River, AK ceal@akclimateaction.org Bretwood Higman, PhD Ground Truth Trekking Soldovia, AK hig3litAgmail.com Pam Miller, Executive Director Alaska Community Action on Toxics Anchorage, AK pamela@akaction.org Table 1: Gas releases in excess of 100, 000 Mfc reported to AOGCC between Jan/, 2010 and Jan 31, 2017. Appendix I. Applicable Statutes and Rules §AS 31.05.027 gives AOGCC authority over all land in the state of Alaska lawfully subject to its police powers, including Federal lands, §AS 31.05.095 clearly states, "the waste of oil and gas in the state is prohibited", §AS 31.05.170(15) defines "waste" in addition to its ordinary meaning, "physical waste" and includes the inefficient, excessive, or improper use of, or unnecessary dissipation of, reservoir energy; and the locating, spacing, drilling, equipping, operating or producing of any oil or gas well in a manner which results or tends to result in reducing the quantity of oil or gas to be recovered from a pool in this state under operations conducted in accordance with good oil field engineering practices; the inefficient above -ground storage of oil; and the locating, spacing, 3 A B C D E F G H I 1 I Yea - RptDate FxilltV*-11 FxI1lryNrne OPO -1 WISOi1- `INalr - I FlmG7R I FIMj - II 2 2016 01 -Apr -16 890000001 Pt Thomson Exploration 0 118575 0 101081 747534 0 3 2014 01 -Feb -14 290000032 PBUGC2 0 112300 0 0 436111 9722 4 2012 01 -Jul -12 290000031 PBU GCI 0 112300 0 0 395787 250 5 2012 01 -Jun -12 290000031 PBU GCI 0 112300 0 0 362033 2020 6 2013 01 -Apr -13 290000031 PBU GCI 0 112300 0 0 360310 1862 7 2016 01 -Apr -16 290000008 PBUCGFB 0 112300 1000976 4E+06 313559 163592 8 2016 01 -Jun -16 890000001 Pt Thomson Exploration 0 118575 0 44561 263807 17836 9 2016 01-0ct-16 890000001 Pt Thomson Exploration 0 118575 0 722459 247420 3519 10 2012 01-Sel,42 290000031 PBU GC 1 0 112300 0 0 219885 9820 11 2013 01-W43 290000031 PBU GCI 0 112300 0 0 194364 0 12 2012 01 -Feb -12 2900DO025 Northstar 0 112300 0 1E+07 152691 0 13 2014 01 -Aug -14 290000008 PBUCGFB 0 112300 523153 2E•06 143496 12008 34 2016 01 -Mar -16 290000008 PBUCGFB 0 112300 1501945 5E+06 135998 10430 15 2014 01-0c1-14 290000008 PBUCGFB 0 112300 1491944 7E+06 134503 3638 16 2016 01 -Dec -16 290000008 PBUCGFB 0 112300 1645424 7E+06 126101 21864 17 2013 01 -Feb -13 290000008 PBUCGFB 0 112300 1723259 6E+06 124369 1703 18 2016 01 -Nov -16 290000033 PBUGC3 0 112300 0 0 118507 0 19 2013 01 -Feb -13 290000031 PBU GCI 0 112300 0 0 116131 5481 20 2012 01 -Feb -12 290000032 PBUGC2 0 112300 0 0 116111 8785 21 2017 01-lul-17 290000008 PBUCGFB 0 112300 950008 4E+06 115459 15406 22 2013 01 -Jan -13 290000031 PBU GCI 0 112300 0 0 112292 4967 23 2013 01 -Nov -13 290000031 PBU GCI 0 112300 0 0 111914 600 24 2013 01-0ct-13 290000031 PBU GCI 0 112300 0 0 111355 880 25 2012 01 -May -12 290000025 Northstar 0 112300 0 1E+07 107247 0 26 2012 01-0c1-12 290000025 Northstar 0 112300 0 IE+07 105582 0 271 2012 01 -Mar -12 290000025 Northstar 0 112300 0 IE+07 104734 0 28 2013 01 -Jan -13 290000025 Northstar 0 112300 0 1E+07 104310 0 29 2017 01 -Mar -17 290000008 PBUCGFB 0 112300 1683032 7E+06 103982 387 30 2012 01 -Nov -12 290000025 Northstar 0 112300 0 1E+07 102553 0 31 2012 01 -Dec -12 290000025 Northstar 0 112300 0 IE+07 102246 0 32 2016 GI-Nov46 290000031 PBU GCI 0 112300 0 0 101473 8984 33 2012 01 -Jul -12 290000025 Northstar 0 112300 0 1E+07 101271 0 34 2012 01 -Apr -12 290000025 Northstar 0 112300 0 IE+07 101004 0 35 2016 01 -Apr -16 290000032 PBUGC2 0 112300 0 0 98203 41667 Table 1: Gas releases in excess of 100, 000 Mfc reported to AOGCC between Jan/, 2010 and Jan 31, 2017. Appendix I. Applicable Statutes and Rules §AS 31.05.027 gives AOGCC authority over all land in the state of Alaska lawfully subject to its police powers, including Federal lands, §AS 31.05.095 clearly states, "the waste of oil and gas in the state is prohibited", §AS 31.05.170(15) defines "waste" in addition to its ordinary meaning, "physical waste" and includes the inefficient, excessive, or improper use of, or unnecessary dissipation of, reservoir energy; and the locating, spacing, drilling, equipping, operating or producing of any oil or gas well in a manner which results or tends to result in reducing the quantity of oil or gas to be recovered from a pool in this state under operations conducted in accordance with good oil field engineering practices; the inefficient above -ground storage of oil; and the locating, spacing, 3 drilling, equipping, operating or producing of an oil or gas well in a manner causing, or tending to cause, unnecessary or excessive surface loss or destruction of oil or gas; and other producing oil or gas in a manner causing unnecessary water channeling or coning; the operation of an oil well with an inefficient gas -oil ratio; the drowning with water of a pool or part of a pool capable of producing oil or gas; underground waste; the creation of unnecessary fire hazards; the release, burning, or escape into the open air of gas, from a well producing oil or gas; the use of gas for the manufacture of carbon black; and the drilling of wells unnecessary to carry out the purpose or intent of this chapter; and 20 ACC 25.235. Gas disposition. (a) For each production facility the operator shall compile and report monthly gas disposition and acquisition on the Facility Report of Produced Gas Disposition (Form 10-422). If a facility's production comes from multiple pools, the operator shall allocate production between each producing pool as a percentage of the total volume of gas that the facility handled for the month. The operator shall report gas acquisition or disposition by category, as follows: (1) gas sold; (2) gas reinjected; (3) gas flared or vented* (form only includes flared); (4) gas used for lease operations other than flaring or venting; (5) natural gas liquids (NGLs) produced; (6) gas purchased; (7) gas transferred; (8) other. (b) Any release, burning, or escape into the air of gas other than incidental de minimis venting as authorized under (d)(4) of this section must be reported as flared or vented on the Facility Report of Produced Gas Disposition (Form 10-422). The operator shall submit a written suualement for any flaring or venting incident exceeding one hour. The supplement must describe why the gas was flared or vented, list the beginning and ending time of the flaring or venting, report the volume of gas flared or vented, and describe actions taken to comply with (c) of this section. (c) The operator shall take action in accordance with good oil field engineering practices and conservation purposes to minimize the volume of gas released, burned, or permitted to escape into the air. (d) Gas released, burned, or permitted to escape into the air constitutes waste, except that (1) flaring or venting gas for a period not exceeding one hour as the result of an emergency or operational upset is authorized for safety; (2) flaring or venting gas for a period not exceeding one hour as the result of a planned lease operation is authorized for safety; (3) flaring pilot or purge gas to test or fuel the safety flare system is authorized for safety; (4) de minimis* venting of gas incidental to normal oil field operations is authorized; (5) within 90 days after receipt of the report required under (b) of this section, the commission will, in its discretion, authorize the flaring or venting of gas for a period exceeding one hour (A) if the flaring or venting is necessary for facility operations, repairs, upgrades, or testing procedures; (B) if an emergency that threatens life or property requires the flaring or venting, unless failure to operate in a safe and skillful manner causes the emergency; or (C) if the flaring or venting is necessary to prevent loss of ultimate recovery; (6) upon application, the commission will, in its discretion, authorize the flaring or venting of gas for purposes of testing a well before regular production. (e) Notwithstanding an authorization under (d) of this section, the commission will, in its discretion, review flaring or venting of gas and classify as waste any volume of gas flared or vented in violation of (c) of this section. (f) Notwithstanding conservation orders that the commission issued before 1/1/95, this section applies to flaring or venting ofgas that occurs on or after 1/1/95.