IN THE MATTER OF ALLEGED VIOLATIONS OF THE
CAUSE NO
IN THE MATTER OF ALLEGED VIOLATIONS OF THE
CAUSE NO. 1
RULES AND REGULATIONS OF THE COLORADO OIL
AND GAS CONSERVATION COMMISSION BY
ENERGY SEARCH COMPANY, INC.,
ORDER NO. 1V-184
ADAMS COUNTY, COLORADO
REPORT OF THE COMMISSION
This cause came on for hearing before the Colorado Oil and Gas Conservation
Commission on January 10, 2000 at 8:30 a.m. in Suite 801, The Chancery Building,
1120 Lincoln Street, Denver, Colorado, after giving Notice of Hearing as
required by law, on why Energy Search Company, Inc. is not in violation of Order
No. 1V-180 and in continuing violation of Rule 319. b. (3), failure to obtain
Director approval for continuing shut-in status and Rule 326. b., failure to
perform a mechanical integrity test within thirty (30) days of removing the
surface production equipment for the Campbell #1 Well located in the SW¼ SW¼ of
Section 22, Township 1 South, Range 67 West, 6th P.M.
FINDINGS
The Commission finds as follows:
1. Energy Search Company, Inc. (“Energy Search”) is an interested party in the
subject matter of the above-referenced hearing.
2. Due notice of the time, place and purpose of the hearing has been given in
all respects as required by law.
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. On January 7, 1999, Colorado Oil and Gas Conservation Commission (“COGCC”)
staff conducted a routine inspection of the Campbell #1 Well located in the SW¼
SW¼ of Section 22, Township 1 South, Range 67 West, 6th P.M. The well was
determined to be incapable of production as a result of the surface production
equipment being removed.
5. On January 13, 1999, COGCC staff issued a Notice of Alleged Violation (“NOAV”)
to Energy Search for the Campbell #1 Well. Per return receipt, the NOAV was
accepted on January 19, 1999. The NOAV cited violation of Rule 319.b. (3),
failure to obtain Director approval for continuing shut-in status and Rule
326.b., failure to perform a mechanical integrity test within thirty (30) days
of removing the surface production equipment from the Campbell #1 Well. COGCC
records indicate that the well has not produced since June 1998. The NOAV
specified an abatement date of July 12, 1999.
6. On June 16, 1999, COGCC staff attempted to contact Mr. Don Robuck, president
of Energy Search regarding the Campbell #1 Well. Correspondence was mailed
informing the company that an Administrative Order By Consent (“AOC”) would be
issued if the Campbell #1 Well was not brought into compliance by the July 12,
1999 deadline. Mr. Robuck never responded to the mailed correspondence.
7. On July 16, 1999, COGCC staff inspected the Campbell #1 Well and found it was
still in noncompliance.
8. On July 30, 1999, COGCC staff issued an AOC to Energy Search citing the
violations issued on the NOAV for failure to bring the Campbell #1 Well into
compliance. Per return receipt, the AOC was accepted on August 4, 1999.
9. On August 2, 1999, Mr. Robuck contacted COGCC staff requesting plugging
orders for the Campbell #1 Well.
10. On August 31, 1999, Mr. Robuck signed the proposed AOC on behalf of Energy
Search.
11. The AOC was approved by the Commission and entered as a final order at its
October 22, 1999 hearing. The AOC levied a fine amount of Two Thousand Dollars
($2,000.00) and required the Campbell #1 Well brought into compliance within
thirty (30) days after acceptance of the order.
12. As of November 24, 1999, the Campbell #1 Well had not been brought into
compliance nor had the Commission received payment of the fine.
13. At the time of the hearing on this matter, COGCC staff testified that Energy
Search is the operator of other wells in Colorado in addition to the Campbell #1
Well. Therefore, should it be necessary for COGCC staff to commence a claim on
the Thirty Thousand dollar ($30,000) plugging bond to plug, abandon and reclaim
the Campbell #1 Well, Energy Search will no longer have financial assurance to
operate its remaining wells. In accordance with Rule 709.c., if an operator’s
financial assurance is foreclosed by the Commission, such operator’s
Certificates of Clearance, Form 10, are suspended and no sales of oil or gas is
allowed.
ORDER
NOW, THEREFORE IT IS ORDERED, that Energy Search Company, Inc. shall be found in
violation of Order No. 1V-180, failure to comply with an Administrative Order By
Consent.
IT IS FURTHER ORDERED, that Energy Search Company, Inc. shall be found in
continuing violation of Rule 319. b. (3), failure to obtain Director approval
for continuing shut-in status and Rule 326. b., failure to perform a mechanical
integrity test within thirty (30) days of removing the surface production
equipment from the Campbell #1 Well located in the SW¼ SW¼ of Section 22,
Township 1 South, Range 67 West, 6th P.M.
IT IS FURTHER ORDERED, that Energy Search Company, Inc. shall be assessed a
total fine of Eight Thousand dollars ($8,000.00) for violation of Order No.
1V-180 and Rules 319.b.(3) and 326.b. for the Campbell #1 Well, payable within
thirty (30) days of the date the order is issued.
IT IS FURTHER ORDERED, that Energy Search Company, Inc. shall be required for
the Campbell #1 Well to either: 1) perform a successful mechanical integrity
pressure test; 2) properly plug, abandon and reclaim; or 3) return to production
within thirty (30) days of the date this order is entered.
IT IS FURTHER ORDERED, that if Energy Search Company, Inc. does not comply with
the order, COGCC staff shall be authorized to commence a claim on the Thirty
Thousand Dollar ($30,000) plugging bond and proceed to plug, abandon and reclaim
the well.
IT IS FURTHER ORDERED, that Certificates of Clearance, Form 10, shall be
suspended and no sales of oil or gas shall be allowed from any well operated by
Energy Search Company, Inc. until such time as Energy Search Inc.’s financial
assurance has been replaced or restored.
IT IS FURTHER ORDERED, that the provisions contained in the above order shall
become effective forthwith.
IT IS FURTHER ORDERED, that the Commission expressly reserves its right after
notice and hearing, to alter, amend, or repeal any and/or all of the above
orders.
ENTERED this 28th day of January, 2000, as of January 10, 2000.
OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO
By Dated at Suite 801 Patricia C. Beaver, Secretary 1120 Lincoln Street Denver,
Colorado 80203 January 28, 2000.
(1V#184)