NC Department of Environment and Natural Resources
Mining and Energy Commission - March 1, 2013
Mining and Energy Commission
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Surface Owner Rights in Various States Continental Resources vs. Farrar Oil COMPULSORY POOLING STUDY GROUPof theNORTH CAROLINA MINING AND ENERGY COMMISSIONMarch 01, 2013, 9:00 am to 12:00 pmMulti-Purpose Room (Bldg 42/Bldg 2) Central Carolina Community College764 West Street, Pittsboro, N.C.
1. Call to Order and Notice of NCGS 138A-15 - Ray Covington, Chairman In accordance with the State Government Ethics Act, it is the duty of every member of the North Carolina Mining and Energy Commission to avoid conflicts of interest and potential conflicts. If any member knows of a conflict of interest or potential conflict with respect to matters coming before the Committee today, please identify the conflict or potential conflict at this time.
2. Statutory Approach to Compulsory Pooling, Pennsylvania Example - Brigid Landy "Getting to Yes" PA Compulsory Pooling Report
3. Study Group Recommendation on Surface Use - Chairman Covington The Commission in ordering pooling of mineral, oil, and gas interests shall not have the authority to grant an operator any rights to the surface property above any mineral, oil, and gas interests compelled into a pool. Any access to surface rights above compelled mineral, oil, and gas interests may be obtained only through negotiation of a voluntary agreement between the operator and the owner of the surface rights, regardless of whether such surface rights are unified with or divided from the underlying mineral, oil, and gas interests.
4. Public Questions and Comments - Chairman Covington
5. Time line of the Compulsory Pooling Study Group - Chairman Covington
6. Discussion and Next Steps - Chairman Covington
7. Closing Comments - Chairman Covington
Adjournment
Reminder to All MEC Members: Members having a question about a conflict of interest or potential conflict should consult with the Chairman or with legal counsel. Reminder to MEC Members Appointed by the Governor: Executive Order 34 mandates that in transacting Commission business each person appointed by the Governor shall act always in the best interest of the public without regard for his or her financial interests. To this end, each appointee must recuse himself or herself from voting on any matter on which the appointee has a financial interest.
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