Kentucky Statutes 349.060 – Powers and duties of Coalbed Methane Well Review Board — Promulgation of administrative regulations
Current as of: 2024 | Check for updates
|
Other versions
(1) The review board shall rule upon:
(a) Objections to proposed coalbed methane wells, their locations, the proposed stimulation, or the proposed completion pursuant to KRS § 349.020;
(b) Appeals of permit denials arising under KRS § 349.020(5); (c) Requests for a hearing arising under KRS § 349.025(3);
(d) Requests for pooling orders pursuant to KRS § 349.080(1);
(e) Requests for the establishment or modification of drilling units for coalbed methane wells;
(f) Requests for the creation or modification of field rules relating to the drilling, completion, and production of coalbed methane wells; and
(g) Requests for the unitization of coalbed methane wells, pools, or fields.
(2) The review board shall meet, hold conferences, and hold hearings at a time and place as designated by the chairman. The chairman may call a meeting of the review board at any time. A majority of the members of the review board shall constitute a quorum for the transaction of any business to come before the review board. All determinations of the review board shall be by majority vote of the quorum present. The commissioner, or his or her designee within the department, shall be the chairman of the review board. The review board shall hold a regular monthly meeting. Notice of all meetings of the review board shall be given to each member by the chairman at least ten (10) days in advance of each meeting, unless otherwise agreed by the members.
(3) The review board shall execute, carry out, administer, and enforce the provisions of this chapter in the manner provided in this section.
(4) The review board may:
(a) Take evidence and issue orders concerning the permitting of a coalbed methane well, its location, stimulation, and the completion pursuant to KRS
349.015; issue pooling orders in accordance with KRS § 349.080(1); issue orders regarding the establishment or modification of drilling units for coalbed methane wells, field rules relating to the drilling, completion, and production of coalbed methane wells; and requests for the unitization of coalbed methane wells, pools, and fields;
(b) Promulgate and enforce administrative regulations and rules necessary to govern the practice and procedure before the review board;
(c) Make relevant investigations of records and facilities as it deems proper in connection with ruling on any objections to a proposed coalbed methane well, its location, the proposed stimulation, or the proposed completion; and
(d) Issue subpoenas for the attendance and sworn testimony from witnesses and subpoenas duces tecum for the production of any books, records, maps, charts, diagrams, electronic data, and other pertinent documents or data in the review board’s own name or at the request of any party.
Effective: July 13, 2004
History: Created 2004 Ky. Acts ch. 65, sec. 12, effective July 13, 2004.
(a) Objections to proposed coalbed methane wells, their locations, the proposed stimulation, or the proposed completion pursuant to KRS § 349.020;
Terms Used In Kentucky Statutes 349.060
- Coalbed methane: means gas produced from a reservoir found in a coalbed, a mined-out area, or gob. See Kentucky Statutes 349.010
- Coalbed methane well: means any well drilled, deepened, converted, or reopened for the purpose of capturing coalbed methane for sale or use. See Kentucky Statutes 349.010
- Commissioner: means the commissioner of the Department for Natural
Resources. See Kentucky Statutes 349.010 - Department: means the Department for Natural Resources. See Kentucky Statutes 349.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Field rules: means rules established by orders of the review board relating to the drilling, completion, production of, and specifications for coalbed methane wells in a particular geographic area as defined by an order. See Kentucky Statutes 349.010
- Quorum: The number of legislators that must be present to do business.
- Review board: means the Coalbed Methane Well Review Board. See Kentucky Statutes 349.010
- Sworn: includes "affirmed" in all cases in which an affirmation may be substituted for an oath. See Kentucky Statutes 446.010
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Unitization: means the act of combining separately owned tracts or separate interests therein into a unit constituting all or some portion of a coalbed that produces or is capable of producing coalbed methane and the joint operation of that unit. See Kentucky Statutes 349.010
- Well: means any borehole, shaft driven, or hole dug, drilled, deepened, converted or reopened for the purpose of capturing or producing coalbed methane for sale or use. See Kentucky Statutes 349.010
(b) Appeals of permit denials arising under KRS § 349.020(5); (c) Requests for a hearing arising under KRS § 349.025(3);
(d) Requests for pooling orders pursuant to KRS § 349.080(1);
(e) Requests for the establishment or modification of drilling units for coalbed methane wells;
(f) Requests for the creation or modification of field rules relating to the drilling, completion, and production of coalbed methane wells; and
(g) Requests for the unitization of coalbed methane wells, pools, or fields.
(2) The review board shall meet, hold conferences, and hold hearings at a time and place as designated by the chairman. The chairman may call a meeting of the review board at any time. A majority of the members of the review board shall constitute a quorum for the transaction of any business to come before the review board. All determinations of the review board shall be by majority vote of the quorum present. The commissioner, or his or her designee within the department, shall be the chairman of the review board. The review board shall hold a regular monthly meeting. Notice of all meetings of the review board shall be given to each member by the chairman at least ten (10) days in advance of each meeting, unless otherwise agreed by the members.
(3) The review board shall execute, carry out, administer, and enforce the provisions of this chapter in the manner provided in this section.
(4) The review board may:
(a) Take evidence and issue orders concerning the permitting of a coalbed methane well, its location, stimulation, and the completion pursuant to KRS
349.015; issue pooling orders in accordance with KRS § 349.080(1); issue orders regarding the establishment or modification of drilling units for coalbed methane wells, field rules relating to the drilling, completion, and production of coalbed methane wells; and requests for the unitization of coalbed methane wells, pools, and fields;
(b) Promulgate and enforce administrative regulations and rules necessary to govern the practice and procedure before the review board;
(c) Make relevant investigations of records and facilities as it deems proper in connection with ruling on any objections to a proposed coalbed methane well, its location, the proposed stimulation, or the proposed completion; and
(d) Issue subpoenas for the attendance and sworn testimony from witnesses and subpoenas duces tecum for the production of any books, records, maps, charts, diagrams, electronic data, and other pertinent documents or data in the review board’s own name or at the request of any party.
Effective: July 13, 2004
History: Created 2004 Ky. Acts ch. 65, sec. 12, effective July 13, 2004.