BEFORE THE OIL AND GAS CONSERVATION COMMISSION

OF THE STATE OF COLORADO

IN THE MATTER OF FILING NGPA APPLICATIONS FOR WELL CATEGORY DETERMINATIONS WITH THE COLORADO OIL AND GAS CONSERVATION COMMISSION

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CAUSE NO. 1R TYPE: RULEMAKING ORDER NO. 1R-55 (Formerly 1-155) AMENDED

REPORT OF THE COMMISSION

                        This cause came on for hearing before the Commission on September 20, 1993 at 8:30 a.m. in Room 318, State Centennial Building, 1313 Sherman Street, Denver, Colorado, on the application of Gerrity Oil & Gas Corporation for an order to allow NGPA applications for well category determinations to be filed with the Oil and Gas Conservation Commission.

FINDINGS

                        The Commission finds as follows:

                        1.  Gerrity Oil & Gas Corporation as applicant herein is an interested party in the subject matter of the above‑referenced hearing.

                        2.  Notice of hearing was not given to all parties due to the Applicant's request to have the Commission consider the application at its earliest hearing date.

                        3.  The Commission has jurisdiction over the subject matter embraced in said notice and of the parties interested therein, and jurisdiction to promulgate the hereinafter prescribed order.

                        4.  The Colorado Oil and Gas Conservation Commission is a Jurisdictional Agency under the NGPA Act of 1978, as defined by the Federal Energy Regulatory Commission (FERC).   

                        5.  On July 12, 1993, the FERC issued Order No. 539-C which among other things extended the deadline for jurisdictional agencies to accept new applications and supporting documentation for wells drilled or recompleted prior to December 31, 1992 for well category determination.

                        6.  On August 16, 1993, the Internal Revenue Service (IRS) issued Rev. Rule 93-54 which allows Section 29 qualified fuel produced from wells drilled after December 31, 1979 and before January 1, 1993, and recompleted after January 1, 1993 to, qualify for nonconventional fuel credit.

                        7.  The Colorado Oil and Gas Conservation Commission has not been designated as a Jurisdictional Agency under the IRS Rev. Rule 93-54.  The request by the applicant for the Commission to accept applications under this ruling should therefore be continued until the Commission has jurisdictional authority from the IRS.       

8.  The Commission should accept new NGPA applications for well category determinations and supporting documentation on applications previously submitted, in conjunction with the deadline extension under FERC Order No. 539-C and enter an order to this effect.

O R D E R

                        NOW, THEREFORE, IT IS ORDERED, that the Oil and Gas Conservation Commission shall hereby accept new NGPA applications for well category determinations and supporting documentation on applications previously submitted, in conjunction with the deadline extension under FERC Order No. 539-C

                        IT IS FURTHER ORDERED, that the provisions in the above order shall become effective forthwith.

                ENTERED this day of , 1993, as of September 20, 1993.

               AMENDED this day of , 1993, as of September 20, 1993.

                                                                   OIL AND GAS CONSERVATION COMMISSION

                                                                            OF THE STATE OF COLORADO

                                                                   By  ______________________________    

                                                                                         Patricia C. Beaver, Secretary

Dated at Suite 380

1580 Logan Street

Denver, Colorado  80203

October 22, 1993

Find the Complete Signed Order in the Hearing Files