WEBVTT 00:00:04.049 --> 00:00:06.495 Will come to order to consider matters 00:00:06.507 --> 00:00:08.710 which have been duly posted with Secretary of State 00:00:08.710 --> 00:00:11.413 for November 19, 2019. The Commission will 00:00:11.425 --> 00:00:14.140 consider the items on the agenda as posted 00:00:14.140 --> 00:00:17.621 on the agenda. Under our public policy participation 00:00:17.633 --> 00:00:21.060 policy, ain't that a p-picker, public participation 00:00:21.060 --> 00:00:23.709 policy, anyone desiring offer public testimony 00:00:23.721 --> 00:00:26.269 on any items that are not noticed on today's 00:00:26.269 --> 00:00:28.480 agenda will need to fill out a testimony form 00:00:28.492 --> 00:00:30.619 found in the back of the room and submit it 00:00:30.619 --> 00:00:33.238 to the Deputy Commissioner Secretary, Sharon 00:00:33.250 --> 00:00:35.940 Walter. Please silence all cell phones before 00:00:35.940 --> 00:00:39.586 we begin. Item number one. 00:00:39.611 --> 00:00:48.140 Good Morning Chairman and Commissioners. I'm DeMarlowe Chico, 00:00:48.140 --> 00:00:50.152 administrative law judge with the Hearings 00:00:50.164 --> 00:00:52.140 division Item number one is in motion for 00:00:52.140 --> 00:00:55.257 rehearing in Gas Utility Docket 10555, a 00:00:55.269 --> 00:00:58.550 discrimination complaint filed by teaching 00:00:58.550 --> 00:01:01.423 Burnett Resources LP against respondents 00:01:01.435 --> 00:01:04.601 Cowtown Pipeline Partners LP and Cowtown Gas 00:01:04.601 --> 00:01:07.843 Processing Partners LP. On September 11, 2019, 00:01:07.855 --> 00:01:11.040 the Commission signed a final order approving 00:01:11.040 --> 00:01:14.217 the examiners recommendations. TG Barnett and 00:01:14.229 --> 00:01:17.210 CowTown timely filed motions for rehearing 00:01:17.210 --> 00:01:20.074 and replies. In its motion, TG Barnett cites 00:01:20.086 --> 00:01:22.770 to a case that was available prior to the 00:01:22.770 --> 00:01:25.278 issuance of the PFD and was not raised at 00:01:25.290 --> 00:01:27.990 that time. Aside from that case, the motions 00:01:27.990 --> 00:01:30.652 do not assert any new issues of fact or law. 00:01:30.664 --> 00:01:33.160 It is recommended the Commission deny the 00:01:33.160 --> 00:01:36.422 motions for rehearing, which will be overruled 00:01:36.434 --> 00:01:39.430 by Operation of Law on December 20th 2019. 00:01:39.430 --> 00:01:41.107 I'm available for questions. 00:01:41.132 --> 00:01:44.520 Are there any questions? We have two witnesses that 00:01:44.520 --> 00:01:47.164 are available if you have any questions of 00:01:47.176 --> 00:01:50.080 them. Bill Johnson is here, and Larry Vasella. 00:01:50.080 --> 00:01:54.261 Basilica. Messed that one up. Any questions? 00:01:54.273 --> 00:01:58.280 All right, I move we approve the examiners 00:01:58.280 --> 00:02:00.375 recommendation. Is there a second? 00:02:00.400 --> 00:02:01.287 Second. 00:02:01.313 --> 00:02:03.950 All in favor, say, aye. Any opposed? Motion 00:02:03.950 --> 00:02:09.848 passes. That item is approved. Item number two. Veronica. 00:02:09.873 --> 00:02:13.610 Good Morning, Chairman Commissioners 00:02:13.610 --> 00:02:16.395 For the record, Veronica Roberto, administrative law 00:02:16.407 --> 00:02:18.940 judge with the Hearings Division. Item number 2 00:02:18.940 --> 00:02:21.817 is an application by San Miguel Electric 00:02:21.829 --> 00:02:25.070 Cooperative Inc requesting a release of Phase 00:02:25.070 --> 00:02:29.459 three reclamation obligations on 269.4 acres 00:02:29.471 --> 00:02:33.970 within San Miguel area, C mine, permit number 00:02:33.970 --> 00:02:37.582 52A, located in Atacosta County. The approved 00:02:37.594 --> 00:02:41.060 post mine land use within the subject areas 00:02:41.060 --> 00:02:43.965 pasture land. Evidence in the record supports 00:02:43.977 --> 00:02:46.640 San Miguel has satisfied all requirements 00:02:46.640 --> 00:02:52.580 for Phase 3 release of the subject area. After notice no comments or requests for 00:02:52.580 --> 00:02:55.087 hearing were received. San Miguel and staff 00:02:55.099 --> 00:02:57.561 are the only parties to the proceeding. No 00:02:57.561 --> 00:03:00.362 exceptions were filed. No changes to the current 00:03:00.374 --> 00:03:02.900 bond are requested in this docket. It it is 00:03:02.900 --> 00:03:05.181 recommended that the request for Phase 3 00:03:05.193 --> 00:03:07.709 release for the subject area be approved and 00:03:07.709 --> 00:03:10.314 that San Miguel be eligible to reduce the amount 00:03:10.326 --> 00:03:12.570 of the bond for the permit. I'm available 00:03:12.570 --> 00:03:14.428 for questions 00:03:14.453 --> 00:03:17.303 And Mr Ray Field is here is a 00:03:17.315 --> 00:03:20.001 protestant of either. Is there any questions? 00:03:20.000 --> 00:03:21.847 Any questions? I'm move we approve the 00:03:21.859 --> 00:03:24.110 examiners recommendation. Is there a second? 00:03:24.135 --> 00:03:24.808 Second. 00:03:24.833 --> 00:03:28.225 Second from Commissioner Craddick. 00:03:28.237 --> 00:03:31.451 All in favor, say aye. Any opposed? Motion passes. 00:03:31.450 --> 00:03:36.641 That item is approved. Item number three. Kyle. 00:03:36.666 --> 00:03:39.193 Morning, Chairman. 00:03:39.205 --> 00:03:42.590 Commissioners. Kyle Lubbey, Administrative 00:03:42.590 --> 00:03:45.356 Law Judge. I'll be presenting items 3 and 4 00:03:45.368 --> 00:03:48.020 today. Item three's a motion for rehearing 00:03:48.020 --> 00:03:50.493 filed by Mr Ray Field in this Susan Calhoun 00:03:50.505 --> 00:03:52.990 field. Protestants in the docket considering 00:03:52.990 --> 00:03:55.794 Luminant Mining company LLCs application for 00:03:55.806 --> 00:03:58.371 renewal revision and expansion of Permit 00:03:58.371 --> 00:04:02.872 number 50B, the Kosse mine, located in Limestone 00:04:02.884 --> 00:04:07.120 and Robertson counties. On September 11, 2019 00:04:07.120 --> 00:04:09.306 the Commission's signed the final order approving 00:04:09.318 --> 00:04:11.209 the application and issued the renewed and 00:04:11.209 --> 00:04:17.500 revised permit. Renumbered as permit number 50C to Luminant. Responses to 00:04:17.500 --> 00:04:19.610 the protestants' motion were received from 00:04:19.622 --> 00:04:22.139 Luminant and staff with Surface Mining Reclamation 00:04:22.139 --> 00:04:25.364 Division. Protestants's motion fails to identify 00:04:25.376 --> 00:04:28.150 findings of fact or conclusions of law in 00:04:28.150 --> 00:04:30.504 the underlying order and any evidentiary or legal 00:04:30.516 --> 00:04:32.599 rulings claimed to be erroneous as required 00:04:32.599 --> 00:04:35.928 by section 1.1.28a of Commission practice 00:04:35.940 --> 00:04:39.440 and procedure. Further, the motion does not 00:04:39.440 --> 00:04:41.650 raise significant issues of fact or law not 00:04:41.662 --> 00:04:44.289 previously considered by the Commission. Therefore, 00:04:44.289 --> 00:04:47.262 it is recommended the motion be denied. The 00:04:47.274 --> 00:04:50.259 motion will be overruled by Operation of Law 00:04:50.259 --> 00:04:53.883 on December 20th 2019. I'm available for questions. 00:04:53.908 --> 00:04:56.879 Okay, and Mr Ray Field is protesting item 00:04:56.879 --> 00:05:00.171 number three. Are there any questions for 00:05:00.183 --> 00:05:03.330 either? No questions. I move we approve 00:05:03.330 --> 00:05:05.799 the examiners recommendation. Is there a second? 00:05:05.824 --> 00:05:06.485 Second. 00:05:06.511 --> 00:05:08.470 Second by Commissioner Sitton. All in favor, 00:05:08.470 --> 00:05:13.278 say aye. Any opposed? Motion passes. That item is approved, item number. 00:05:13.303 --> 00:05:14.881 Mister Chairman, I never 00:05:14.880 --> 00:05:16.867 a chance to approach the board, and I'm the 00:05:16.879 --> 00:05:19.150 protestant, Ray Field, and I keep getting shut out 00:05:19.150 --> 00:05:21.252 of this. The previous one I had medical surgery and I keep 00:05:21.264 --> 00:05:23.270 getting the shut out here. Am I ever gonna get a chance 00:05:23.270 --> 00:05:26.198 chance to protest this? This involves my land and my 00:05:26.210 --> 00:05:29.039 livelihood against Luminant and some large parties. 00:05:29.039 --> 00:05:32.052 And I've not had the opportunity to be afforded 00:05:32.064 --> 00:05:34.900 to come up here and make my case against the 00:05:34.900 --> 00:05:37.933 Commissioners. Is that not gonna happen? Are you 00:05:37.945 --> 00:05:40.803 you going to keep railroading over top of me? 00:05:40.828 --> 00:05:42.771 I believe 00:05:42.770 --> 00:05:45.613 you've had your opportunities. Hopefully, in hearings prior to this 00:05:45.638 --> 00:05:48.182 No, sir, I haven't. I had a medical procedure. 00:05:48.194 --> 00:05:50.540 They sped the process up beforehand. ????? I had a post 00:05:50.540 --> 00:05:53.370 op procedure and I couldn't get here, he knew it, 00:05:53.382 --> 00:05:56.110 and I made it available on June 14 in Franklin, 00:05:56.110 --> 00:05:58.525 Texas, to him and the Administrative Law Judge 00:05:58.537 --> 00:06:01.119 says, I don't care what's going on, I'm not gonna 00:06:01.119 --> 00:06:03.511 extend anything. You be down on Monday morning 00:06:03.523 --> 00:06:05.569 in Austin, Texas, to present your case. 00:06:05.569 --> 00:06:08.109 Well, I feel it's inconvenient that 00:06:08.121 --> 00:06:10.720 you weren't available for the former two invitations to 00:06:10.720 --> 00:06:13.099 make a statement because of health purposes. 00:06:13.111 --> 00:06:15.449 I understand. But those were invitations for 00:06:15.449 --> 00:06:18.449 you are represented, and you were given opportunity 00:06:18.461 --> 00:06:21.009 at those times to send a representative. So 00:06:21.009 --> 00:06:23.224 at that time, this has not been scheduled 00:06:23.236 --> 00:06:25.569 for that. So it's not the appropriate venue 00:06:25.569 --> 00:06:26.947 for you to do such 00:06:26.972 --> 00:06:28.918 but is appropriate for you 00:06:28.930 --> 00:06:31.080 guys to go ahead, you're honor, Mr Chairman. 00:06:31.080 --> 00:06:34.317 And approved, approve their permit without 00:06:34.329 --> 00:06:37.050 me having my public say so on this. 00:06:37.050 --> 00:06:39.355 No, you have been given the opportunity. 00:06:39.367 --> 00:06:41.490 You've been given the opportunity in previous hearings 00:06:41.490 --> 00:06:45.880 to be represented, and it's inconvenient you didn't have a opportunity because of 00:06:45.880 --> 00:06:48.118 your medical conditions to do that two times. 00:06:48.130 --> 00:06:50.379 But those were an invitations and opportunity 00:06:50.379 --> 00:06:53.247 for your do such or to have a representative 00:06:53.259 --> 00:06:56.139 speak for you, which is public protest. So I 00:06:56.139 --> 00:06:59.203 did mention in the record that you are 00:06:59.215 --> 00:07:02.939 protesting this on item and so that's legally 00:07:02.939 --> 00:07:05.690 covered what needs to be done in Texas and 00:07:05.702 --> 00:07:08.400 so that you can then take it that then to 00:07:08.400 --> 00:07:14.172 your own attorney and into a private court of law. 00:07:14.197 --> 00:07:16.218 That's what you want me to do, but I'm a protestant, 00:07:16.230 --> 00:07:18.020 not a lawyer. I'm not required to have a lawyer to protest. 00:07:18.020 --> 00:07:20.475 This is step about four that you're 00:07:20.487 --> 00:07:22.909 awaiting. That should have been in the other previous 00:07:22.909 --> 00:07:25.557 steps done. So I totally respect what you're 00:07:25.569 --> 00:07:28.110 doing and understand government many times 00:07:28.110 --> 00:07:31.247 is not logical, but we have to be consistent 00:07:31.259 --> 00:07:34.199 with the practice, to be fair to you, and 00:07:34.199 --> 00:07:37.345 any other in the past. And the practice is if you 00:07:37.357 --> 00:07:40.199 had, you have an to opportunity contact each 00:07:40.199 --> 00:07:43.922 Commissioner's office individually. 00:07:43.947 --> 00:07:46.234 I did, sir, and I got told by Administrative 00:07:46.246 --> 00:07:48.156 Law Judge not to contact y'all again in writing. 00:07:48.181 --> 00:07:49.559 Not us individually. Our staff's may 00:07:49.559 --> 00:07:52.161 take some talk. But the main thing is you were 00:07:52.173 --> 00:07:54.509 given opportunity and I'm sorry it didn't 00:07:54.509 --> 00:07:56.593 work out to your agreement. There's always 00:07:56.618 --> 00:07:57.804 I'm the land owner. It's gonna work 00:07:57.816 --> 00:07:58.870 out to my agreement because a protest is not 00:07:58.870 --> 00:08:01.309 is not in a court of law. It's against rules and 00:08:01.321 --> 00:08:03.823 regulations that are set in statutes. Those rules 00:08:03.835 --> 00:08:06.230 and regulations cast strictly on my rights as a 00:08:06.242 --> 00:08:08.749 landowner. And the other landowners in this room. 00:08:08.749 --> 00:08:11.116 Again, the rules and regulations 00:08:11.128 --> 00:08:13.050 are set by the Legislature and not by this 00:08:13.050 --> 00:08:15.442 body. We have certain rules that we do set. 00:08:15.454 --> 00:08:17.749 But the combination of that is, I'm sorry 00:08:17.749 --> 00:08:20.354 out of control today. So 00:08:20.379 --> 00:08:22.579 Well, I have a press release, it's 00:08:22.591 --> 00:08:25.209 downstairs, I'll walk out the door and ?????? the station 00:08:25.234 --> 00:08:26.582 That is your right. 00:08:26.594 --> 00:08:28.169 That is your right. And I appreciate that. 00:08:28.169 --> 00:08:31.522 How can you stand there and say landowners 00:08:31.534 --> 00:08:34.250 cannot have the right to speak in a case that 00:08:34.250 --> 00:08:38.023 affects the land. Others and my neighbors 00:08:38.035 --> 00:08:41.640 around us. My neighbors and us all have 00:08:41.640 --> 00:08:46.101 been brow beaten to death and threatened by the 00:08:46.113 --> 00:08:50.120 Luminants own land people. They have since 00:08:50.120 --> 00:08:52.207 moved them on because the community at large via the sheriff 00:08:52.219 --> 00:08:54.180 of ???? County has told them. You gotta stop. They moved 00:08:54.192 --> 00:08:56.181 these land people o, Luminant's fired them, saying you've 00:08:56.193 --> 00:08:58.160 created an anthill here. And now it's gonna hurt us all. 00:08:58.160 --> 00:09:01.159 Mr. Field, may I say that, I appreciate 00:09:01.171 --> 00:09:03.680 your passion on this. And may I say that you have 00:09:03.680 --> 00:09:05.995 been given. You have just made a statement 00:09:06.007 --> 00:09:08.279 before this Commission, and you have been 00:09:08.279 --> 00:09:10.454 given that opportunity. 00:09:10.479 --> 00:09:12.115 I have not made a fair 00:09:12.127 --> 00:09:14.141 statement in front of this committee, sir. 00:09:14.167 --> 00:09:15.799 You just did. You just did. 00:09:15.824 --> 00:09:16.980 I've got 145 pages of information 00:09:16.980 --> 00:09:20.058 presented to Administrative Law Judge, and he 00:09:20.070 --> 00:09:22.959 told me wasn't really would not accept it. 00:09:22.959 --> 00:09:26.597 He didn't have anything about. This, in fact, 00:09:26.609 --> 00:09:30.180 will prove that there are 16 felonious cases 00:09:30.180 --> 00:09:31.600 that people go to jail for over this permit. 00:09:31.612 --> 00:09:32.980 Yet I'm being washed aside because I don't 00:09:32.980 --> 00:09:35.475 have a lawyer, but yet I'm up against a Texas Railroad 00:09:35.487 --> 00:09:37.630 Commission. I'm up the Texas Office of General 00:09:37.630 --> 00:09:40.730 Counsel. And here for cracks me up is everybody's 00:09:40.742 --> 00:09:43.730 got a say so. But me. The Luminant attorney has 00:09:43.730 --> 00:09:49.410 a say so. Miss Kathy Kills has to say so. Miss Jessica Mendoza has a say 00:09:49.410 --> 00:09:52.325 so. Administrative Law Judge has a sayso, and I'm supposed to 00:09:52.337 --> 00:09:55.170 sit here and be quiet as a landowner in the state of Texas. 00:09:55.170 --> 00:09:57.653 Sir, you have explain to me how this works because 00:09:57.665 --> 00:10:00.209 in the state of Texas when you're land owner, okay, 00:10:00.209 --> 00:10:02.556 That's what makes Texas Texas. We take pride 00:10:02.568 --> 00:10:04.980 in our land and our community. I'm not trying 00:10:04.980 --> 00:10:07.822 to shut down Luminant. But I am trying to hold 00:10:07.834 --> 00:10:10.810 them to every standard with every other business 00:10:10.810 --> 00:10:12.977 in the state of Texas. There's laws to follow, 00:10:12.989 --> 00:10:15.260 there's rules to follow, there's case procedures 00:10:15.260 --> 00:10:20.053 to follow. And they have been done. I have 145 pages here. 00:10:20.078 --> 00:10:22.490 Mr. Chairman, may I? Sir, I 00:10:22.490 --> 00:10:26.464 appreciate your passion. We have very defined 00:10:26.476 --> 00:10:29.769 processes for how we do these things. 00:10:29.769 --> 00:10:32.049 And, Mr Chairman, I appreciate your patience 00:10:32.061 --> 00:10:34.149 as when you're talking through this, and 00:10:34.149 --> 00:10:36.139 I have been in the same situation you're 00:10:36.151 --> 00:10:38.250 in, not in this exact in this environment, 00:10:38.250 --> 00:10:40.188 but I've been points in my life where have 00:10:40.200 --> 00:10:42.149 felt like that the process was failing me. 00:10:42.149 --> 00:10:45.685 And so I appreciate your frustration. What I 00:10:45.697 --> 00:10:48.930 want to say is what we're doing right now 00:10:48.930 --> 00:10:51.223 doesn't add value. It's not helping your case 00:10:51.235 --> 00:10:53.440 because you're not even on the record. What 00:10:53.440 --> 00:10:55.162 you're saying is not being recorded. 00:10:55.187 --> 00:10:56.918 I'm a protestant on the record, sir. 00:10:56.943 --> 00:10:59.610 I understand. I'm saying we're not capturing what you're 00:10:59.610 --> 00:11:02.164 saying right now, because we're only we're hearing 00:11:02.176 --> 00:11:04.339 you yelling across the room. Not actually. 00:11:04.339 --> 00:11:07.081 Please hold up, sir. Folks, in case you don't know, this 00:11:07.093 --> 00:11:09.730 is screen set up for me here. I'm deaf. Okay, so while he's talking 00:11:09.730 --> 00:11:12.092 I have to, they're talking, I'm reading that 00:11:12.104 --> 00:11:14.320 screen, so I know what they're saying. If 00:11:14.320 --> 00:11:16.624 you anybody knows anything about people who are 00:11:16.636 --> 00:11:19.000 being deaf, OK, deaf people can't hear ourselves 00:11:19.000 --> 00:11:24.062 talk, so I'll apologize to all of you if you think I'm 00:11:24.074 --> 00:11:29.610 hollering but I'm the one that's deaf. I served 32 years of 00:11:29.610 --> 00:11:30.304 my country in the military. I have a right 00:11:30.316 --> 00:11:30.990 to be deaf, because that's what God gave 00:11:30.990 --> 00:11:31.878 me. Now I'm stuck communicating with this. I 00:11:31.890 --> 00:11:32.730 will not be deprived. And I will not have 00:11:32.730 --> 00:11:35.402 another chairman. Sir, with all respect, tell I'm 00:11:35.414 --> 00:11:37.830 hollering across the room. I'm not hollering 00:11:37.830 --> 00:11:41.334 across the room, I can't hear me talk. So any 00:11:41.346 --> 00:11:44.709 of you I can understand that when your deaf 00:11:44.709 --> 00:11:47.919 then you're far better than I am because I am deaf. 00:11:47.931 --> 00:11:51.029 That's why that's here. I had to get the Railroad 00:11:51.029 --> 00:11:52.706 Commission to comply with the Americans with 00:11:52.718 --> 00:11:54.519 Disabilities Act. Every time we have a meeting, 00:11:54.519 --> 00:11:56.070 they can't do this. On September 11, we came 00:11:56.082 --> 00:11:57.750 here, they handed me a little laptop. They were 00:11:57.750 --> 00:11:58.425 two minutes behind. The chairman and everybody was 00:11:58.437 --> 00:11:59.070 already through by time I read the last stuff, 00:11:59.070 --> 00:12:04.701 What? Done. That Administrative Law Judge walked to the elevator 00:12:04.713 --> 00:12:10.269 by the time I got there. The process has got to be better, sir. 00:12:10.269 --> 00:12:13.337 I appreciate you saying that. My 00:12:13.349 --> 00:12:16.319 point is what we're doing right now doesn't help you. 00:12:16.319 --> 00:12:18.543 Then, does it help Luminant? 00:12:18.568 --> 00:12:20.151 It doesn't help anybody. 00:12:20.176 --> 00:12:21.614 It has to. You just gave them a 00:12:21.626 --> 00:12:23.202 permit for railroad over my land, poison my land. 00:12:23.227 --> 00:12:27.094 All we did just now was deny a motion for rehearing. 00:12:27.119 --> 00:12:30.358 This is supposed to be a rehearing. This 00:12:30.370 --> 00:12:33.680 is supposed to be a rehearing. I asked for a rehearing, 00:12:33.680 --> 00:12:37.023 a consideration for rehearing on the motion. And I was told 00:12:37.035 --> 00:12:40.110 this is for today. This is not what this is for today? 00:12:40.110 --> 00:12:43.133 My point is that where 00:12:43.145 --> 00:12:46.180 we are in the process is as the Chairman just 00:12:46.180 --> 00:12:49.310 said, is we are, we've gone through several 00:12:49.322 --> 00:12:52.250 stages, and so us having this engagement 00:12:52.250 --> 00:12:53.693 right now is not helping you. And it's not 00:12:53.705 --> 00:12:55.330 helping anybody else. It's not getting anything 00:12:55.330 --> 00:12:57.241 accomplished. There are a number of 00:12:57.266 --> 00:12:58.020 So we can talk, sir. They ought to say Mr 00:12:58.032 --> 00:12:58.761 Fields, a protestant, like the chairman 00:12:58.773 --> 00:12:59.552 did last time. Mr. Fields, do you protest? 00:12:59.564 --> 00:13:00.189 At what point do we stand? I just 00:13:00.189 --> 00:13:03.700 had to find a stand up. I've been fighting for 00:13:03.712 --> 00:13:06.860 my country all my life. I've been a first 00:13:06.860 --> 00:13:10.622 responder all my life. I've been saving lives 00:13:10.634 --> 00:13:14.079 on my life. Somewhere along the line here 00:13:14.079 --> 00:13:17.114 I am owed the right to come in here and challenge 00:13:17.126 --> 00:13:19.930 the permit. What are all these lawyers afraid 00:13:19.930 --> 00:13:22.395 of? A guy that will start a road, 129 year old 00:13:22.407 --> 00:13:24.990 house and owns a little 110 acres of land against 00:13:24.990 --> 00:13:27.716 a trillion corporation. Most people don't consider 00:13:27.728 --> 00:13:30.680 that fight. I got four daughters that are lawyers that 00:13:30.680 --> 00:13:33.421 are going, dad, you need help, call me. My 00:13:33.433 --> 00:13:36.250 daughter's won't come here for this because 00:13:36.250 --> 00:13:37.966 they see how the process works. I have to 00:13:37.978 --> 00:13:39.830 stand up here, sir, as a landowner to you and 00:13:39.830 --> 00:13:47.990 the Commissioners. At what point is it fair. You just granted them 00:13:47.990 --> 00:13:52.621 a permit. My protest has not been dropped. 00:13:52.633 --> 00:13:57.060 By state law, my protest doesn't have to 00:13:57.060 --> 00:14:01.560 end. They're gonna have to sue me to get me to drop my protest. Am I correct? 00:14:01.585 --> 00:14:03.060 That's legal advice. 00:14:03.060 --> 00:14:05.040 Actually. Procedurally, sir, 00:14:05.052 --> 00:14:06.971 where we are in the process. You have the right, as 00:14:06.971 --> 00:14:10.285 we've made a ruling, you have the right 00:14:10.297 --> 00:14:14.050 now, because we've had a final motion that 00:14:14.050 --> 00:14:16.741 we have denied today which we've taken a vote 00:14:16.753 --> 00:14:19.339 on. Then you have the right to take them to 00:14:19.339 --> 00:14:21.599 the courthouse. Yes, sir. You can. 00:14:21.624 --> 00:14:23.828 I'm not taking it to a courthouse, ma'am, 00:14:23.840 --> 00:14:25.976 but excuse me, you're Commissioner? Your name, ma'am? 00:14:26.001 --> 00:14:28.379 That is your right now, Craddick. That is your right 00:14:28.379 --> 00:14:31.660 now too. That's the procedure. And that's the process. 00:14:31.685 --> 00:14:33.569 ???? work for a year now. And I 00:14:33.569 --> 00:14:35.590 don't have legal ground to stand on. And I've 00:14:35.602 --> 00:14:37.459 had legal authorities look at this stuff, 00:14:37.459 --> 00:14:41.118 and they're gonna go slam dunk, but with administrative 00:14:41.130 --> 00:14:43.949 law judge has been interfering. On January 00:14:43.949 --> 00:14:46.710 10th at approximately seven minutes and 19 seconds 00:14:46.722 --> 00:14:49.060 into the one o'clock hearing, I personally 00:14:49.060 --> 00:14:55.881 asked the Administrative Law Judge, and he stated he works for the mine. He 00:14:55.881 --> 00:14:58.191 works for the people of the great state of Texas. 00:14:58.203 --> 00:15:00.199 This is a state agency, state agency works 00:15:00.199 --> 00:15:04.135 for the people of Texas. Not the corporate 00:15:04.147 --> 00:15:07.820 people, not Luminant, not anybody else. 00:15:07.820 --> 00:15:10.723 Well, what point the state of Texas gonna stand here 00:15:10.735 --> 00:15:13.430 and represent people of Texas, not big industry. 00:15:13.455 --> 00:15:15.300 My point was 00:15:15.300 --> 00:15:18.268 that us continuing this is not gonna accomplish 00:15:18.280 --> 00:15:20.949 anything. And I have been prepared since I 00:15:20.949 --> 00:15:22.863 first started talking to say after this, we 00:15:22.875 --> 00:15:24.800 will schedule some time and I will sit down 00:15:24.800 --> 00:15:26.604 and visit with you as long as you'd like to. 00:15:26.616 --> 00:15:28.310 And we will talk about the process. We'll 00:15:28.310 --> 00:15:30.866 talk about what your options are because all 00:15:30.878 --> 00:15:33.389 three of us work for you. Just like we work 00:15:33.389 --> 00:15:35.819 for all every single 20, of the 27 million 00:15:35.831 --> 00:15:38.500 Texans. Doing this in this environment doesn't 00:15:38.500 --> 00:15:40.393 help. But if you'd like we will schedule time. 00:15:40.405 --> 00:15:42.309 My chief of staff is here. We'll schedule time 00:15:42.309 --> 00:15:44.028 and sit down and talk about what your options 00:15:44.040 --> 00:15:45.583 are and where you can go from there. But 00:15:45.595 --> 00:15:47.378 that I want the hearings today set aside until 00:15:47.390 --> 00:15:49.070 a hearing has been held to where I have had 00:15:49.070 --> 00:15:55.408 ample time to speak before the Commission 00:15:55.420 --> 00:16:00.410 on this. I promise you I will not 00:16:00.410 --> 00:16:02.511 waste your time. As a former federal cop, as a 00:16:02.523 --> 00:16:04.680 former deputy sheriff, as a former Army Ranger, 00:16:04.680 --> 00:16:06.503 United States Army. I don't waste anybody's 00:16:06.515 --> 00:16:08.350 time, but I will protect my land and I will 00:16:08.350 --> 00:16:11.400 protect what's going on. I'm not gonna tolerate the 00:16:11.412 --> 00:16:14.769 private drones over my property because I have a private 00:16:14.769 --> 00:16:16.993 airfield. Yet you can't talk to Luminant about it. 00:16:17.005 --> 00:16:19.110 They just say, Well, whatever. I can't get them 00:16:19.110 --> 00:16:21.094 to protect. I have inbound strips, I got the 00:16:21.106 --> 00:16:23.279 mine machines moving around up there. They won't 00:16:23.279 --> 00:16:25.623 do anything to put red lights on top of which 00:16:25.635 --> 00:16:27.889 are required by the FAR are for the Federal 00:16:27.889 --> 00:16:30.102 Aviation Regulations. They ignore that. They don't, 00:16:30.114 --> 00:16:32.339 this is Luminant. What are you gonna tell Luminant? 00:16:32.339 --> 00:16:33.984 That man sitting right over says I am Luminant. 00:16:33.996 --> 00:16:35.273 He says I do what I want to do, come 00:16:35.273 --> 00:16:38.294 up against me and I promise you you will hit a 00:16:38.306 --> 00:16:41.209 brick wall. I don't have a trillion dollars. 00:16:41.209 --> 00:16:43.363 What I do have is the heart and the soul and 00:16:43.375 --> 00:16:45.589 the people of Texas that will stand behind me 00:16:45.589 --> 00:16:48.647 Mr. Field, I thank you for your 00:16:48.659 --> 00:16:51.970 service, number one. We wouldn't, we wouldn't have the 00:16:51.970 --> 00:16:54.503 opportunity to be here, were it not for people 00:16:54.515 --> 00:16:56.790 like you. I'm honored that you would take 00:16:56.790 --> 00:17:00.760 the passion and time to speak up. And I commend 00:17:00.772 --> 00:17:04.920 you for it. I wish, many times, we wish in places 00:17:04.920 --> 00:17:08.368 of elected office or in places of authority 00:17:08.380 --> 00:17:11.839 that we're given the opportunity to be over 00:17:11.839 --> 00:17:15.141 certain regulation. But we're limited in our 00:17:15.153 --> 00:17:18.540 ability by rules, regulations and consistency 00:17:18.540 --> 00:17:20.971 that we have to follow in this proceeding. 00:17:20.983 --> 00:17:23.540 You're exactly right that you should be able 00:17:23.540 --> 00:17:25.753 to speak out and talk and say what you need 00:17:25.765 --> 00:17:28.040 to. But what I, what I think we're trying to 00:17:28.040 --> 00:17:31.084 say is we agree with your wanting to speak 00:17:31.096 --> 00:17:34.080 out. But this is not the proper time, nor 00:17:34.080 --> 00:17:36.779 venue for that to take place. So yes, we should. 00:17:36.804 --> 00:17:39.194 Time to give them their permit, sir? 00:17:39.219 --> 00:17:41.350 I will, actively, I assure you this, 00:17:41.350 --> 00:17:43.617 I will look to what is the time that the public 00:17:43.629 --> 00:17:45.670 can make comment on this? I would think at 00:17:45.670 --> 00:17:47.659 some point, it should be appropriate. But 00:17:47.671 --> 00:17:49.720 let's let us look at see what the time is. 00:17:49.720 --> 00:17:53.327 I just know that if I wanted to today I do not 00:17:53.339 --> 00:17:56.650 desire to, nor we can we, without changing 00:17:56.650 --> 00:17:59.643 precedent and rules, which is what courts, our 00:17:59.655 --> 00:18:02.340 laws, everything are established on. Many 00:18:02.340 --> 00:18:05.028 times, they're frustrating because sometimes 00:18:05.040 --> 00:18:07.620 they're not logical, many times in law and 00:18:07.620 --> 00:18:10.210 I've been there for years, as have you. Just 00:18:10.222 --> 00:18:12.650 like some military rules are not logical. 00:18:12.650 --> 00:18:14.587 But you say Yes, sir, and just you do. And 00:18:14.599 --> 00:18:16.820 that's what we live under, also, are those rules 00:18:16.820 --> 00:18:19.368 and this is not the proper venue. But I hope 00:18:19.380 --> 00:18:21.940 we've shown you respect for your service and 00:18:21.940 --> 00:18:25.528 for your citizenship and for us being your 00:18:25.540 --> 00:18:29.140 employees, as state officials, that you're 00:18:29.140 --> 00:18:31.315 the boss, the citizens. 00:18:31.340 --> 00:18:34.323 I would have thought that Administrative Law Judge was 00:18:34.335 --> 00:18:37.460 supposed to represent the people of Texas. I went on record and I asked 00:18:37.460 --> 00:18:39.159 everybody that they drug in there, and asked the 00:18:39.171 --> 00:18:41.370 administrative law judge, on the record, he's got a recording. 00:18:41.370 --> 00:18:45.040 I paid for it, I got to have it transcribed so I could 00:18:45.052 --> 00:18:48.800 read it. He turned around. And he said, Everybody here. 00:18:48.800 --> 00:18:50.825 With all due respect, I 00:18:50.837 --> 00:18:53.300 understand. And you should be given the opportunity 00:18:53.300 --> 00:18:55.829 to talk. I will assure you, as Chairman of the 00:18:55.841 --> 00:18:58.220 Commission, that I will look at the records 00:18:58.220 --> 00:19:00.555 and make sure and look at the history and 00:19:00.567 --> 00:19:02.970 see where the proper place, were you given 00:19:02.970 --> 00:19:05.532 the ability, should it have been done and 00:19:05.544 --> 00:19:08.240 what the proper procedure is. But all I can 00:19:08.240 --> 00:19:10.633 tell you this morning is we're honored that 00:19:10.645 --> 00:19:13.160 you took the time and appreciate your passion 00:19:13.160 --> 00:19:15.657 to stand up for ideas. More citizens should 00:19:15.669 --> 00:19:18.120 be passionate toward the procedures in our 00:19:18.120 --> 00:19:21.848 country. I agree. And I think we have afforded 00:19:21.860 --> 00:19:25.440 you a time here, more than most. That you're 00:19:25.440 --> 00:19:27.618 able to least speak to us as Commissioner's 00:19:27.630 --> 00:19:29.720 individually or at least personally, even 00:19:29.720 --> 00:19:32.339 though it was not publicly on the official 00:19:32.351 --> 00:19:34.920 record. But that's all we can do for you. 00:19:34.920 --> 00:19:37.684 Well, we thank you, sir, and I hope you get 00:19:37.709 --> 00:19:40.510 Now, you're gonna pat me on the back, kick me out the door, and 00:19:40.510 --> 00:19:42.882 I'm just another dog on the street trying to defend 00:19:42.894 --> 00:19:45.370 my land against a trillion dollar corporation. That's 00:19:45.370 --> 00:19:48.234 not right. This rule goes into effect. I believe 00:19:48.246 --> 00:19:50.770 the administrative law just said that your 00:19:50.770 --> 00:19:53.897 order for given a permit goes into effect, 00:19:53.909 --> 00:19:57.120 like sometime in December, which is 100 day 00:19:57.120 --> 00:20:00.363 permit. I would request that Commission allow me 00:20:00.375 --> 00:20:03.630 the chance to meet with all three of y'all, even 00:20:03.630 --> 00:20:06.220 if it's a sidebar, something to make a point, 00:20:06.232 --> 00:20:08.890 before you make a final ruling on the December 00:20:08.890 --> 00:20:11.217 permit. You're still in charge of this by 00:20:11.229 --> 00:20:13.680 saying we're gonna postpone this permit. In 00:20:13.680 --> 00:20:15.173 December. Until we figured out the 00:20:15.185 --> 00:20:17.220 affordable rights of the protestant and what 00:20:17.232 --> 00:20:20.873 he should have been allowed to do versus what was railroaded over the top of him. 00:20:23.270 --> 00:20:25.328 Let me agree with you that I will ask that of our 00:20:25.340 --> 00:20:27.320 legal department. I'll ask that of our system. I will ask that of 00:20:27.320 --> 00:20:29.463 the attorneys to make sure that you have been 00:20:29.475 --> 00:20:31.630 given and any protester has been given proper 00:20:31.630 --> 00:20:36.380 time and authority to do exactly that. And we as a Commission as Commissioners 00:20:36.380 --> 00:20:40.920 will review that. And if there is a problem in the system that the 00:20:40.920 --> 00:20:43.791 citizens are not being represented, I assure you 00:20:43.803 --> 00:20:46.450 we will take action to correct that problem. 00:20:46.450 --> 00:20:48.686 But it will not benefit that situation. That's 00:20:48.698 --> 00:20:50.851 all I can give you today is the promise that 00:20:50.851 --> 00:20:53.407 we will look at the procedure, make sure that 00:20:53.419 --> 00:20:55.820 is legal. It has been followed. If not, we 00:20:55.820 --> 00:20:58.908 will be alerted to that and will indeed take 00:20:58.920 --> 00:21:02.020 that up. But appreciate again, your passion, 00:21:02.020 --> 00:21:04.874 you're being here. And then you raised a question 00:21:04.886 --> 00:21:07.580 needs to be raised. We should be all very sure 00:21:07.580 --> 00:21:11.291 that citizen's rights, views, opinions are represented 00:21:11.303 --> 00:21:14.281 in government at every level. And I respect 00:21:14.281 --> 00:21:16.320 you for that and for doing that. But for us 00:21:16.332 --> 00:21:18.430 to continue to somewhat of a filibuster will 00:21:18.430 --> 00:21:23.890 not attain anything for us today. I understand. With all due respect, 00:21:23.890 --> 00:21:25.934 I thank you, sir, for what you've done again 00:21:25.946 --> 00:21:27.910 for your service to our country, both as a 00:21:27.910 --> 00:21:30.683 citizen and as your military service. Respect 00:21:30.695 --> 00:21:33.480 it tremendously. And thank you for taking the 00:21:33.480 --> 00:21:34.795 time, the passion to do that. But I need to proceed on with 00:21:34.807 --> 00:21:36.134 the issues. Appreciate your time. All of you commissioners. 00:21:36.146 --> 00:21:37.489 Appreciate stuff like that. But I drove out of Fort Sam this 00:21:37.501 --> 00:21:38.790 morning to come here and speak. Heading to Fort Hood now. 00:21:38.790 --> 00:21:42.772 I'm a defense contractor in charge of search and 00:21:42.784 --> 00:21:46.940 rescue, combat medicine, we got a soldiers to send. 00:21:46.940 --> 00:21:55.660 Thank you. But sir, I have been complaining about compliance with ADA. 00:21:55.660 --> 00:21:56.882 This is the first time this happened. 00:21:56.894 --> 00:21:58.495 Administrative Law Judge has failed every time 00:21:58.508 --> 00:21:59.936 when I told him on the record, in writing, 00:21:59.948 --> 00:22:01.255 in the file. Just go look at the file. 00:22:01.280 --> 00:22:03.120 We will research the records 00:22:03.120 --> 00:22:12.810 and thank you again for being here. All right. Okay, Item number five. Robert. 00:22:12.835 --> 00:22:16.040 Number four. 00:22:16.040 --> 00:22:18.142 That was three. Started well this morning. 00:22:18.167 --> 00:22:19.604 I was doing good. Let's 00:22:19.616 --> 00:22:20.830 go. So it's item number four, Kyle. 00:22:20.830 --> 00:22:26.022 Well, did you take a vote on item number three? 00:22:26.047 --> 00:22:28.750 Didn't we? I think we did. 00:22:28.750 --> 00:22:30.887 Do we need to take a vote? 00:22:30.912 --> 00:22:33.936 I'll just do it again. All 00:22:33.948 --> 00:22:37.050 in favor, say aye. Any opposed? Motion passes. 00:22:37.050 --> 00:22:38.403 That item is approved. 00:22:38.428 --> 00:22:41.362 I seconded that one when we made the motion. 00:22:41.387 --> 00:22:43.813 Item Number four 00:22:43.838 --> 00:22:45.915 Item 4 is an application 00:22:45.927 --> 00:22:48.231 by Luminant Mining Company LLC requesting 00:22:48.230 --> 00:22:51.402 renewal, revision, and expansion of permit number 00:22:51.414 --> 00:22:54.280 49B for the Bree Mine Mine located Robertson 00:22:54.280 --> 00:22:58.352 County. In the application, Luminant proposes 00:22:58.364 --> 00:23:02.360 to expand the existing 3371 acre permit area 00:23:02.360 --> 00:23:05.651 by adding approximately 8887 acres. It seeks 00:23:05.663 --> 00:23:08.820 approval of renewed and revised operations 00:23:08.820 --> 00:23:11.414 during the five year renewal terms. Under 00:23:11.426 --> 00:23:13.970 the requested permit, Luminant will mine 00:23:13.970 --> 00:23:16.787 in two areas and auxiliary areas, expects to 00:23:16.799 --> 00:23:19.440 recover approximately 2.9 million tons of 00:23:19.440 --> 00:23:22.463 lignite per year during the term. The parties 00:23:22.475 --> 00:23:25.180 to the proceeding are Luminant and staff 00:23:25.180 --> 00:23:27.802 with Surface Mining and Reclamation Division. 00:23:27.814 --> 00:23:30.390 Staff recommends approval of the application 00:23:30.390 --> 00:23:32.345 with the adoption of one permit provision 00:23:32.357 --> 00:23:34.370 related to protection of cultural resource 00:23:34.370 --> 00:23:37.366 sites. Comments on the application were received 00:23:37.378 --> 00:23:40.080 from the Texas Historical Commission and in 00:23:40.080 --> 00:23:43.553 Texas Parks and Wildlife department. The reclamation 00:23:43.565 --> 00:23:47.050 cost estimate to account for the proposed activities 00:23:47.050 --> 00:23:51.231 as calculated by staff in the amount of 28 00:23:51.243 --> 00:23:55.240 million 200. Excuse me, as calculated by 00:23:55.240 --> 00:23:59.978 staff in the amount of $28,799,866 is recommended 00:23:59.990 --> 00:24:04.740 for adoption. Luminant currently bonds all of its 00:24:04.740 --> 00:24:07.517 statewide mining operations with the blanket 00:24:07.529 --> 00:24:10.380 collateral bond in the amount of 975 million. 00:24:10.380 --> 00:24:13.283 The current bond exceeds this sum of estimated 00:24:13.295 --> 00:24:16.210 reclamation costs for all of Luminant's minde, 00:24:16.210 --> 00:24:18.118 including the proposed amount attributable 00:24:18.130 --> 00:24:20.140 to the Bree Mine Mine. Therefore, no changes 00:24:20.140 --> 00:24:23.055 to the bond are required as a result of this 00:24:23.067 --> 00:24:26.320 renewal. Review by staff shows that all technical 00:24:26.320 --> 00:24:28.657 requirements are met for approval with the 00:24:28.669 --> 00:24:31.400 recommended permit provisions set out in Appendix 00:24:31.400 --> 00:24:33.703 1 to the proposed order. Appendix 2 to the 00:24:33.715 --> 00:24:36.030 order contains the proposed post mine soil 00:24:36.030 --> 00:24:39.274 testing plan. Parties did not file exceptions 00:24:39.286 --> 00:24:42.400 to the proposed order. Based on the record, 00:24:42.400 --> 00:24:44.941 it is recommended the application be approved 00:24:44.953 --> 00:24:47.450 and a renewed and revised permit, renumbered 00:24:47.450 --> 00:24:50.072 as permit number 49C be issued to Luminant 00:24:50.084 --> 00:24:52.780 for a term of five years. I'm available for 00:24:52.780 --> 00:24:54.388 questions 00:24:54.413 --> 00:24:56.320 Are any questions. I move we approve 00:24:56.332 --> 00:24:58.011 the examiners recommendation. Is there a second? 00:24:58.036 --> 00:24:59.210 Second. 00:24:59.210 --> 00:25:01.849 2nd by Commissioner Craddick. 00:25:01.861 --> 00:25:04.620 All in favor, say aye. Any opposed? Motion passes. 00:25:04.620 --> 00:25:08.937 That item is approved. Item number five 00:25:08.962 --> 00:25:14.360 And Austin Gascamp will be presenting item number five. 00:25:14.360 --> 00:25:17.240 Okay, good morning, Chairman and 00:25:17.252 --> 00:25:20.540 Commissioners. For the record, my name is Austin Gascamp, 00:25:20.540 --> 00:25:22.921 Technical examiner for the hearings division. 00:25:22.933 --> 00:25:25.170 Item number five is the application of NGL 00:25:25.170 --> 00:25:28.005 Water Solutions Permian LLC for a commercial 00:25:28.017 --> 00:25:30.800 permit to dispose of 50,000 barrels per day 00:25:30.800 --> 00:25:33.422 into the Delaware Mountain Group for the Highway 00:25:33.434 --> 00:25:35.960 302 Saltwater Disposal lease, well number two, 00:25:35.960 --> 00:25:38.573 Reeds County, Texas. Pursuant to Statewide 00:25:38.585 --> 00:25:41.210 Rule nine. The application is protested by 00:25:41.210 --> 00:25:44.149 P. A Prospect LLC who operates a brine mining 00:25:44.161 --> 00:25:46.920 operation within 1\/2 mile of the proposed 00:25:46.920 --> 00:25:49.064 disposal well. Protestant claims that their 00:25:49.076 --> 00:25:51.330 brine operation will be harmed due to injected 00:25:51.330 --> 00:25:53.888 fluids escaping the permitted interval by way 00:25:53.900 --> 00:25:56.470 of a conduit caused by NGL's nearby Saltwater 00:25:56.470 --> 00:26:00.400 disposal Highway 302 lease, well number 00:26:00.412 --> 00:26:04.860 one. Less than 1\/4 mile from the proposed 00:26:04.860 --> 00:26:07.421 disposal well number two, well Number one shows 00:26:07.433 --> 00:26:09.630 signs that it could be causing a conduit 00:26:09.630 --> 00:26:11.985 for the vertical migration of injected fluids 00:26:11.997 --> 00:26:14.210 to the base of usable quality groundwater. 00:26:14.210 --> 00:26:16.219 Evidence showed that during work overs, two 00:26:16.231 --> 00:26:18.160 holes were found in the production casing 00:26:18.160 --> 00:26:20.396 and one whole was found in the tubing, allowing 00:26:20.408 --> 00:26:22.750 injected fluids to escape the permitted injection 00:26:22.750 --> 00:26:24.759 interval and causing a backside channel 00:26:24.771 --> 00:26:27.000 and dissolution damage to the heylyte and 00:26:27.000 --> 00:26:29.845 hydride confining strata. During the hearing, 00:26:29.857 --> 00:26:32.590 well number one was shown to be an existing 00:26:32.590 --> 00:26:35.443 conduit for injected fluids to surface, evident 00:26:35.455 --> 00:26:38.200 by the development of braiding head pressure. 00:26:38.200 --> 00:26:40.765 NGL conducted cement squeeze jobs during the 00:26:40.777 --> 00:26:43.240 work overs to try to plug the holes in the 00:26:43.240 --> 00:26:45.978 tubing and casing on well number one. Both cement 00:26:45.990 --> 00:26:48.410 squeeze jobs were unsuccessful at repairing 00:26:48.410 --> 00:26:50.863 the braiding head pressure and failed to hold 00:26:50.875 --> 00:26:53.340 pressure. NGL has not met its burden of proof 00:26:53.340 --> 00:26:55.381 that the conduit on well number one and the 00:26:55.393 --> 00:26:57.540 damaged local confining strata will not allow 00:26:57.540 --> 00:27:00.261 injected fluids from well number two to contaminate 00:27:00.273 --> 00:27:02.480 ground surface water and will not harm PA 00:27:02.480 --> 00:27:05.233 Prospect's mining operation in proximity. 00:27:05.245 --> 00:27:08.340 Examiners recommend denial of NGOs application 00:27:08.340 --> 00:27:10.724 to inject fluids into the Delaware Mountain 00:27:10.736 --> 00:27:13.350 Group on the Highway 302 lease for the proposed 00:27:13.350 --> 00:27:15.771 well number two. Due to the uncertainty of 00:27:15.783 --> 00:27:18.330 the confining strata's integrity. Exceptions 00:27:18.330 --> 00:27:20.673 were filed with the request that the record 00:27:20.685 --> 00:27:23.040 be reopened to present evidence relating to 00:27:23.040 --> 00:27:25.846 remediation and plugging efforts on well number 00:27:25.858 --> 00:27:28.500 one, which occurred after the record closed. 00:27:28.500 --> 00:27:30.783 The new information presented by NGL does not 00:27:30.795 --> 00:27:33.290 address the basis of the examiners recommendation 00:27:33.290 --> 00:27:36.113 to deny the application. Therefore, the examiners 00:27:36.125 --> 00:27:39.130 maintain the recommendation to deny the application. 00:27:39.130 --> 00:27:41.841 I'm available for questions. 00:27:41.866 --> 00:27:45.166 Are there any questions? 00:27:45.190 --> 00:27:47.136 Yes, sir. I have some. 00:27:47.161 --> 00:27:47.940 Commissioner Sitton. 00:27:47.940 --> 00:27:49.773 Austin, After the case was closed, that 00:27:49.785 --> 00:27:51.630 well was plugged, that well in question here, the well, number 00:27:51.630 --> 00:27:54.685 one. And in your last comment there, your last 00:27:54.697 --> 00:27:57.960 statement, you said that this doesn't address the 00:27:57.960 --> 00:28:00.569 concerns over the confining strata. I'm not, I 00:28:00.581 --> 00:28:03.370 don't understand that, as I read there exceptions 00:28:03.370 --> 00:28:06.819 that the well was plugged. Our district office 00:28:06.831 --> 00:28:09.851 approved the W3 that was submitted. That 00:28:09.851 --> 00:28:12.035 would seem to have a pretty, pretty prominent 00:28:12.047 --> 00:28:14.100 impact on the consideration whether or not 00:28:14.100 --> 00:28:17.866 this well is gonna allow for communication 00:28:17.891 --> 00:28:21.720 That is correct. The well was plugged. The 00:28:21.720 --> 00:28:24.379 plugging of the well bore is not our issue. 00:28:24.391 --> 00:28:26.940 We had a evident backside channel outside 00:28:26.940 --> 00:28:33.850 of the pipe, which produced salt water flows to surface. And due to the fact 00:28:33.850 --> 00:28:36.272 that the confining strata is at least somewhat 00:28:36.284 --> 00:28:38.460 soluble to the injected fluid, we are not 00:28:38.460 --> 00:28:41.630 certain and can't be certain about the integrity 00:28:41.642 --> 00:28:44.370 of any washouts or dissolution voids that 00:28:44.370 --> 00:28:46.588 may form in the formation. The wellbore is 00:28:46.600 --> 00:28:48.830 plugged. It's not an issue, But the damage 00:28:48.830 --> 00:28:54.878 to the formation could allow fluids to reach the ground water. 00:28:54.903 --> 00:28:56.990 Okay, so the question 00:28:56.990 --> 00:29:01.258 is, the question at hand is whether or not the, 00:29:01.270 --> 00:29:05.460 there was enough, if enough fluid escaped from 00:29:05.460 --> 00:29:08.464 the corroded tubing and the corroded casing 00:29:08.476 --> 00:29:11.080 to have damaged the layers that we're 00:29:11.080 --> 00:29:14.080 concerned about here is the primary question. 00:29:14.105 --> 00:29:15.189 That is correct. 00:29:15.214 --> 00:29:18.940 Okay, given that I would like to take 00:29:18.940 --> 00:29:23.240 another look at this. In other words, I want to grant the recommendation of the 00:29:23.240 --> 00:29:25.291 motion that they ask for in their exceptions 00:29:25.303 --> 00:29:27.320 when they ask to take additional testimony, 00:29:27.320 --> 00:29:28.938 specifically about this. So I have a 00:29:28.950 --> 00:29:30.898 motion if nobody else have any questions. 00:29:30.923 --> 00:29:32.091 Okay. 00:29:32.090 --> 00:29:35.397 We also have Mr Wesley McGuffey here to make any 00:29:35.409 --> 00:29:38.390 statements or any questions of Mr McGuffey. 00:29:38.390 --> 00:29:40.756 Then you certainly can make a motion. 00:29:40.781 --> 00:29:42.922 I move that we remand 00:29:42.934 --> 00:29:45.040 the case and reopen the record specifically 00:29:45.040 --> 00:29:47.104 to allow the examiners to take additional 00:29:47.116 --> 00:29:49.290 evidence and conduct any necessary hearings 00:29:49.290 --> 00:29:52.642 related to whether well number one and the 00:29:52.654 --> 00:29:55.940 confining strata are conduit for injected 00:29:55.940 --> 00:29:57.725 fluid to migrate out of the injection 00:29:57.737 --> 00:29:59.970 interval now that the well has been plugged. 00:29:59.970 --> 00:30:02.947 I'll second that motion. Okay, 00:30:02.959 --> 00:30:05.650 motion been made and seconded. All in favor, 00:30:05.650 --> 00:30:08.969 say aye. Any opposed? Motion passes. That item 00:30:08.981 --> 00:30:12.100 is approved as made by Commissioner Sitton. 00:30:12.100 --> 00:30:14.773 Thank you, Austin. 00:30:14.798 --> 00:30:18.720 We will present you with a conforming order. 00:30:18.720 --> 00:30:24.201 Thanks. Very good. Thank you. Item number six. 00:30:24.226 --> 00:30:27.440 Good morning. Excuse me. Good morning, 00:30:27.440 --> 00:30:29.508 Chairman and Commissioners. For the record, 00:30:29.520 --> 00:30:31.600 my name is Ezra Johnson, Administrative Law 00:30:31.600 --> 00:30:34.134 Judge with the Hearings division. I will 00:30:34.146 --> 00:30:36.940 first be presenting item six today, and then 00:30:36.940 --> 00:30:41.033 I will present items seven through 11. Item 00:30:41.045 --> 00:30:45.150 six is a request from Full Spike Energy LLC 00:30:45.150 --> 00:30:47.622 for a determination contrary to Commission 00:30:47.634 --> 00:30:50.060 staff's prior determination that it is in 00:30:50.060 --> 00:30:52.339 compliance with the Commission's inactive 00:30:52.351 --> 00:30:54.860 well rule and should thus be allowed to renew 00:30:54.860 --> 00:30:58.096 its Commission Form P5 organization report. 00:30:58.108 --> 00:31:01.430 At the hearing, Full spike acknowledged that 00:31:01.430 --> 00:31:04.003 it is not in compliance with inactive well 00:31:04.015 --> 00:31:06.660 requirements. No exceptions or replies were 00:31:06.660 --> 00:31:09.014 filed and Full Spike remains out of 00:31:09.026 --> 00:31:12.000 compliance with inactive well requirements 00:31:12.000 --> 00:31:14.819 as to 6 of its wells. It is recommended that the 00:31:14.831 --> 00:31:17.430 Commission deny the renewal of the operators 00:31:17.430 --> 00:31:20.473 form P5 and I am available for questions. 00:31:20.498 --> 00:31:23.950 Are there any questions? I move we approve 00:31:23.950 --> 00:31:26.075 the examiners recommendation. Is there a second? 00:31:26.100 --> 00:31:26.690 Second. 00:31:26.715 --> 00:31:28.460 Second by Commissioner Craddick. All in favor 00:31:28.460 --> 00:31:36.510 say aye. Any opposed? Motion passes. That item is approved. Items 7 to 11. 00:31:36.510 --> 00:31:39.083 Items seven through 11 concern a motion 00:31:39.095 --> 00:31:41.680 for rehearing of a final order changing the operator of 00:31:41.680 --> 00:31:47.660 record for the subject wells and leases to 3S Production Inc from Chan West Oil 00:31:47.660 --> 00:31:50.058 Corporation. The final order followed Chan 00:31:50.070 --> 00:31:52.480 West's failure to respond to the notice of 00:31:52.480 --> 00:31:55.765 opportunity for hearing that was sent to Chan 00:31:55.777 --> 00:31:58.930 West on July 11th 2019. A timely motion for 00:31:58.930 --> 00:32:02.700 rehearing was filed by Chan West on October 7th 00:32:02.712 --> 00:32:06.810 2019. No response was filed. Under applicable legal 00:32:06.810 --> 00:32:09.592 precedent and rules, Chand West's motion fails 00:32:09.604 --> 00:32:12.280 to allege facts and circumstances sufficient 00:32:12.280 --> 00:32:15.550 to show a valid basis for rehearing, the Commission's 00:32:15.562 --> 00:32:18.480 final order in these dockets. It is recommended 00:32:18.480 --> 00:32:21.090 that the Commission deny the motion. The motion 00:32:21.102 --> 00:32:23.560 for rehearing will be overruled by Operation 00:32:23.560 --> 00:32:28.698 of Law on December 20th 2019. And I'm available for questions. 00:32:28.723 --> 00:32:30.900 Are there any questions? I 00:32:30.900 --> 00:32:33.863 move we approve the examiners recommendation. Is there a second? 00:32:33.888 --> 00:32:34.326 Second. 00:32:34.351 --> 00:32:35.640 Second by Commissioner Sitton. 00:32:35.640 --> 00:32:39.664 All in favor, say aye. Any opposed? Motion passes. 00:32:39.676 --> 00:32:43.000 Those items are approved. Item number 12. 00:32:43.000 --> 00:32:46.685 Good Morning, Chairman Commissioners. 00:32:46.697 --> 00:32:49.470 Christie Reeve, Administrative Law Judge. 00:32:49.470 --> 00:32:52.662 With the Hearings division. I'll be presenting 00:32:52.674 --> 00:32:55.810 items number 12 through 20. Item number 12 is 00:32:55.810 --> 00:32:58.455 the application of Prayer Oil and Gas for 00:32:58.467 --> 00:33:00.870 unrestricted renewal of its P5 and to 00:33:00.870 --> 00:33:05.890 contest the staff determination that its Form P5 cannot be renewed due to non 00:33:05.890 --> 00:33:08.714 compliance with the inactive well requirements 00:33:08.726 --> 00:33:11.320 of Statewide Rule 15. Since the posting of 00:33:11.320 --> 00:33:14.144 today's agenda, Prayer has achieved compliance 00:33:14.156 --> 00:33:16.750 and filed a withdrawal of its application. 00:33:16.750 --> 00:33:18.519 It is recommended the docket be dismissed 00:33:18.531 --> 00:33:20.270 as moot. I have prepared a new order for 00:33:20.270 --> 00:33:24.313 you to sign. I'm available for questions. Are there any questions? 00:33:24.338 --> 00:33:25.661 Always like good news. 00:33:25.660 --> 00:33:28.740 That's right. I move the examiners 00:33:28.752 --> 00:33:31.443 recommendation be approved. Is there a second? 00:33:31.468 --> 00:33:32.102 Second. 00:33:32.127 --> 00:33:33.370 All in favor, 00:33:33.370 --> 00:33:36.004 second by Commissioner Craddick, all in 00:33:36.016 --> 00:33:39.070 favor, say aye. Any opposed? Motion passes. 00:33:39.070 --> 00:33:42.590 That item is approved. Items 13 through 20. 00:33:42.615 --> 00:33:46.190 These dockets are the result of eight single 00:33:46.190 --> 00:33:51.730 signature form p4s filed by Wise Custom Builders seemed to be designated the 00:33:51.730 --> 00:33:54.735 operator record for various wells currently 00:33:54.747 --> 00:33:57.490 operated by Imperator Operating. At the 00:33:57.490 --> 00:33:59.820 hearing, Imperator asserted its contractual 00:33:59.832 --> 00:34:02.280 leases have not terminated such that it still 00:34:02.280 --> 00:34:05.019 has a good faith claim, and the leases and well 00:34:05.031 --> 00:34:07.610 should not be transferred to Wise. Imperator 00:34:07.610 --> 00:34:10.453 provided testimony and documentary evidence 00:34:10.465 --> 00:34:13.190 to support its assertion. Wise introduced 00:34:13.190 --> 00:34:15.569 no evidence to show that Imperator lacks a 00:34:15.581 --> 00:34:17.860 good faith claim. Nor did Wise introduce 00:34:17.860 --> 00:34:20.042 any evidence to show Wise has a good faith 00:34:20.054 --> 00:34:22.350 claim. It is recommended the Commission deny 00:34:22.350 --> 00:34:25.081 approval of the single signature form P4s 00:34:25.093 --> 00:34:27.770 filed by Wise. No exceptions were filed. 00:34:27.770 --> 00:34:29.552 I'm available for questions. 00:34:29.577 --> 00:34:31.162 Are there any 00:34:31.174 --> 00:34:33.370 questions? I move we approve the examiners 00:34:33.370 --> 00:34:35.410 recommendation. Is there a second? 00:34:35.435 --> 00:34:36.569 Second. 00:34:36.594 --> 00:34:38.212 Second by Commissioner 00:34:38.224 --> 00:34:39.970 Craddick. All in favor say aye. Any opposed? 00:34:39.970 --> 00:34:44.611 Motion passes. Those items are approved. 00:34:44.636 --> 00:34:46.890 Thank you very much. 00:34:46.914 --> 00:34:48.592 Okay, Item 21. 00:34:48.617 --> 00:34:50.270 Good morning, 00:34:50.270 --> 00:34:52.803 Chairman. Commissioners. For the record, Joe 00:34:52.815 --> 00:34:55.360 Menifee, paralegal in the Hearings division, 00:34:55.360 --> 00:34:59.161 I'll be presenting items 21 through 23 all of 00:34:59.173 --> 00:35:02.820 which are P5 motions for rehearing filed as 00:35:02.820 --> 00:35:05.958 a result of a final order denying renewal of 00:35:05.970 --> 00:35:09.260 the operators P5 because of wells Noncompliant 00:35:09.260 --> 00:35:13.463 with Statewide Rule 15. Item number 21 in its 00:35:13.475 --> 00:35:17.690 motion, J&G Oil and Gas states the operator's 00:35:17.690 --> 00:35:20.570 in the process of finishing fieldwork and 00:35:20.582 --> 00:35:23.680 submitting paperwork to come into compliance 00:35:23.680 --> 00:35:27.013 but gives no basis for failure to request a 00:35:27.025 --> 00:35:30.370 hearing. Staff opposes the motion. 14 Wells 00:35:30.370 --> 00:35:33.295 remain noncompliant with statewide Rule 15. 00:35:33.307 --> 00:35:36.110 It just recommended the motion be denied. 00:35:36.110 --> 00:35:39.528 The motion will be overruled by Operation of Law 00:35:39.540 --> 00:35:42.830 on December 20th. I'm available for questions. 00:35:42.855 --> 00:35:43.910 Are there any questions? 00:35:43.935 --> 00:35:44.566 No. 00:35:44.591 --> 00:35:46.460 I move that we approve the examiners recommendation. 00:35:46.460 --> 00:35:47.938 Is there a second? 00:35:47.963 --> 00:35:49.065 Second. 00:35:49.089 --> 00:35:50.679 Second by Commissioner 00:35:50.691 --> 00:35:52.370 Sitton. All in favor, say aye. Any opposed? 00:35:52.370 --> 00:35:55.572 Motion passes, that item is approved. 00:35:55.597 --> 00:35:59.900 Item number 22. In its motion, Pro Gas Operating Inc 00:35:59.900 --> 00:36:03.007 states the operator's regulatory manager was 00:36:03.019 --> 00:36:06.000 hospitalized during their extension period 00:36:06.000 --> 00:36:09.261 and therefore unable to request a hearing. 00:36:09.273 --> 00:36:12.470 Staff opposes the motion. 10 wells remain 00:36:12.470 --> 00:36:15.214 noncompliant with Statewide Rule 15. It is 00:36:15.226 --> 00:36:18.110 recommended the motion be denied. The motion 00:36:18.110 --> 00:36:20.102 will be overruled by Operation of Law on 00:36:20.114 --> 00:36:22.265 December 20th. I'm available for questions. 00:36:22.290 --> 00:36:24.960 Are there any questions? I move we 00:36:24.972 --> 00:36:27.803 approve the examiners recommendation. Is there a second? 00:36:27.828 --> 00:36:28.281 Second. 00:36:28.306 --> 00:36:29.640 Second by Commissioner 00:36:29.640 --> 00:36:33.369 Craddick. All in favor say aye. Any opposed? 00:36:33.381 --> 00:36:36.540 Motion passes. That item is approved. 00:36:36.540 --> 00:36:40.113 Item number 23 is good news. Subsequent 00:36:40.125 --> 00:36:43.710 to filing its motion for rehearing, Seahorse Operating 00:36:43.710 --> 00:36:46.778 LLC has come into compliance with Statewide 00:36:46.790 --> 00:36:49.380 Rule 15. Therefore, it's recommended 00:36:49.380 --> 00:36:52.563 the motion be granted and the underlying docket 00:36:52.575 --> 00:36:55.770 dismissed as moot. I'm available for questions. 00:36:55.770 --> 00:36:58.254 Are there any questions? I move we 00:36:58.266 --> 00:37:00.900 approve the examiners recommendation. Is there a second? 00:37:00.900 --> 00:37:02.400 Second. 00:37:02.425 --> 00:37:04.693 Second by Commissioner Sitton. All 00:37:04.705 --> 00:37:06.900 in favor, say aye. Any opposed? That motion passes. 00:37:06.900 --> 00:37:10.229 That item is approved. Let's move to the Oil 00:37:10.241 --> 00:37:13.360 and Gas consent agenda There are 44 items 00:37:13.360 --> 00:37:16.901 on the consent agenda. Are there, I move we 00:37:16.913 --> 00:37:20.790 approve Items 24 through 67. Is there a second? 00:37:20.790 --> 00:37:22.403 Second 00:37:22.428 --> 00:37:25.079 Second by Commissioner Craddick. 00:37:25.091 --> 00:37:27.241 All in favor say aye. Any opposed? Motion 00:37:27.240 --> 00:37:31.469 passes. Those items are approved. Items on 00:37:31.481 --> 00:37:35.821 rule, the 15 inactive items, 68 to 82. Let's 00:37:35.821 --> 00:37:39.294 move to those items, and there are 15 items on 00:37:39.306 --> 00:37:42.790 the Rule 15 Active Wells list. It is requested 00:37:42.790 --> 00:37:46.754 that item 68 be passed. For items 77 and 81, the 00:37:46.766 --> 00:37:50.580 operators have achieved compliance. Therefore, 00:37:50.580 --> 00:37:54.836 I move that we approve out him 68 through 82. 00:37:54.848 --> 00:37:58.930 Except for items 68, 77, and 81. Is there a 00:37:58.930 --> 00:38:00.385 second? 00:38:00.410 --> 00:38:01.495 Second. 00:38:01.520 --> 00:38:03.173 Second by Commissioner Sitton. 00:38:03.185 --> 00:38:04.750 All in favor, say aye. Any opposed? The motion 00:38:04.750 --> 00:38:08.978 passes. Those items are approved. Items 83 00:38:08.990 --> 00:38:13.230 through 108, 26 items. That's the Master's 00:38:13.230 --> 00:38:16.439 Default Orders we're moving to. There are 26 00:38:16.451 --> 00:38:20.030 master default orders. I move we approve items 83 00:38:20.030 --> 00:38:21.573 through 108. Is there a second? 00:38:21.598 --> 00:38:22.289 Second. 00:38:22.313 --> 00:38:24.360 Second by Commissioner Craddick. All in favor, 00:38:24.360 --> 00:38:27.908 say aye. Any opposed? Motion passes. Those 00:38:27.920 --> 00:38:30.900 items were approved. Move to Agreed 00:38:30.900 --> 00:38:34.527 Enforcement Orders. There are 431 Agreed Enforcement 00:38:34.539 --> 00:38:37.560 Orders. I move we approve items 109 through 00:38:37.560 --> 00:38:39.300 539 Is there a second? 00:38:39.325 --> 00:38:40.624 Second. 00:38:40.649 --> 00:38:42.527 Second by Commissioner 00:38:42.539 --> 00:38:44.520 Sitton. All in favor, say aye. Any opposed? 00:38:44.520 --> 00:38:47.140 Motion passes. Those items are approved. That 00:38:47.152 --> 00:38:49.670 concludes the hearing sections. We will now 00:38:49.670 --> 00:38:52.847 take up our administrative agendas. 00:38:52.872 --> 00:38:58.020 Good morning, Chairman. Commissioners. For the record, Wei 00:38:58.020 --> 00:39:02.885 Wang, executive director. As a Monday our head 00:39:02.897 --> 00:39:07.670 count of agency 811. And for our plugging and 00:39:07.670 --> 00:39:13.858 state managed cleanup, we're on track with our process, we have plugged, 00:39:13.870 --> 00:39:19.730 as of Friday, 345 abandoned wells. And for inspections we're also on 00:39:19.730 --> 00:39:22.338 track of meeting our performance measures 00:39:22.350 --> 00:39:24.970 for all the inspection goals in different 00:39:24.970 --> 00:39:27.559 department. I also want to take the opportunity 00:39:27.571 --> 00:39:30.010 to commend our underground injection control 00:39:30.010 --> 00:39:38.000 well group. Their department has been able to reduce the backlog of UIC permit 00:39:38.000 --> 00:39:41.157 from over 650 from a year ago to 188, and also 00:39:41.169 --> 00:39:44.270 significantly reduced the permit review time. 00:39:44.270 --> 00:39:46.023 That concludes my report. 00:39:46.048 --> 00:39:50.230 Ok, appreciate it. Are there any questions? Wei, you 00:39:50.230 --> 00:39:52.704 might out of respect to Mr Field that I'm sure 00:39:52.716 --> 00:39:55.150 you listened to that discussion, if you would 00:39:55.150 --> 00:39:58.265 just make sure and review the process that 00:39:58.277 --> 00:40:01.550 was involved in that procedure and make sure 00:40:01.550 --> 00:40:03.589 that proper procedures were followed in 00:40:03.601 --> 00:40:05.968 respect to his being here and his concerns. 00:40:05.993 --> 00:40:07.441 Will do, and I'll report back. 00:40:07.440 --> 00:40:14.461 Thank you very much. Okay. Item 541. 00:40:14.486 --> 00:40:19.350 Good morning, Chairman. Commissioners, 00:40:19.350 --> 00:40:21.783 For the record, my name is Randall Collins. Item 00:40:21.795 --> 00:40:24.140 541 on the agenda pertains to the Commissioner 00:40:24.140 --> 00:40:26.733 approval of certain contracts pursuant to the 00:40:26.745 --> 00:40:29.180 Commission's delegation of authority under 00:40:29.180 --> 00:40:32.272 Section 2261.254 of the Texas Government 00:40:32.284 --> 00:40:35.540 Code. The Commission's internal delegation 00:40:35.540 --> 00:40:37.888 authority requires Commissioners to approve 00:40:37.900 --> 00:40:40.260 contracts and associated amendments greater 00:40:40.260 --> 00:40:44.297 than or equal to $500,000. Section 2261.254 of 00:40:44.309 --> 00:40:48.100 The Texas Government code requires approval 00:40:48.100 --> 00:40:50.546 of contracts and associate amendments greater 00:40:50.558 --> 00:40:53.230 than $1 million. At issue today is a new contract 00:40:53.230 --> 00:40:56.442 for well plugging on South Padre Island. Approval 00:40:56.454 --> 00:40:59.420 of today's item will ensure agency operations 00:40:59.420 --> 00:41:02.044 remain on schedule, and necessary approvals will 00:41:02.056 --> 00:41:04.530 be in place pursuant to Commission delegation 00:41:04.530 --> 00:41:07.128 of authority and state law. A summary of the 00:41:07.140 --> 00:41:10.040 agreement, including the contract number, amount, 00:41:10.040 --> 00:41:12.845 were included in your notebooks. Staff has 00:41:12.857 --> 00:41:15.870 asked, staff asks Commission approval for the 00:41:15.870 --> 00:41:17.625 agreement pursuant to the Commission's delegation of 00:41:17.637 --> 00:41:19.470 authority and I'm available if you have any questions. 00:41:19.470 --> 00:41:22.142 Are there any questions? Okay, 00:41:22.154 --> 00:41:24.570 I move we adopt the examiners recommendation 00:41:24.570 --> 00:41:28.126 Is there a second? Second by Commissioner Craddick. 00:41:28.138 --> 00:41:31.020 All in favor say aye. Any opposed? Motion 00:41:31.020 --> 00:41:33.444 passes. That item is approved. 00:41:33.469 --> 00:41:36.328 Item 542 is the quarterly 00:41:36.340 --> 00:41:39.020 report of the Commission's centralization 00:41:39.020 --> 00:41:41.653 of agency procurement and contracts management. 00:41:41.665 --> 00:41:44.090 In compliance with Senate Bill 20 passed in 00:41:44.090 --> 00:41:46.525 the 84th Legislature. In support of this, the 00:41:46.537 --> 00:41:48.930 contract management section is requiring all 00:41:48.930 --> 00:41:51.293 contract managers to undergo recertification 00:41:51.305 --> 00:41:53.680 to ensure their familiarity with the current 00:41:53.680 --> 00:41:55.941 contracting requirements of state agencies. 00:41:55.953 --> 00:41:58.330 Additionally, the division compliance officer 00:41:58.330 --> 00:42:00.801 has significantly revised the agency's contract 00:42:00.813 --> 00:42:03.090 management guide to comply with most recent 00:42:03.090 --> 00:42:05.061 addition of the State of Texas Procurement 00:42:05.073 --> 00:42:07.010 and Contract Management Guide released by 00:42:07.010 --> 00:42:08.860 the State Comptroller's Office. And the 00:42:08.872 --> 00:42:11.020 changes adopted during this past legislative 00:42:11.020 --> 00:42:12.995 session. The guide has been reviewed by the 00:42:13.007 --> 00:42:15.040 Office of General Counsel and will be posted 00:42:15.040 --> 00:42:18.859 on the RRC website. I'm available if you have any questions. 00:42:18.884 --> 00:42:20.800 Are there any questions? 00:42:20.800 --> 00:42:29.220 Okay. Thank you very much. Item 543 is our Office of General Counsel item. 00:42:29.220 --> 00:42:31.736 Morning, Chairman and Commissioners. For the record, my 00:42:31.748 --> 00:42:34.170 name is Alex Schott. General Counsel Railroad Commissioner of Texas 00:42:34.170 --> 00:42:38.010 Excuse me. For item 543, we've got nothing 00:42:38.022 --> 00:42:41.963 to report and Haley's got items 544 and 545 00:42:41.988 --> 00:42:43.536 Okay, Haley 00:42:43.561 --> 00:42:45.545 Morning, Chairman, 00:42:45.557 --> 00:42:48.180 Commissioners. Haley Cochran with the Office 00:42:48.180 --> 00:42:51.079 of General Counsel. Item 544 is staffs recommended 00:42:51.091 --> 00:42:53.260 response to a petition for rulemaking 00:42:53.260 --> 00:42:56.196 submitted on September 26 2019. Section 00:42:56.208 --> 00:42:59.760 2001.021 of the government code requires that 00:42:59.760 --> 00:43:02.039 the Commission either initiate a rulemaking 00:43:02.051 --> 00:43:04.290 or deny the petition within 60 days of the 00:43:04.290 --> 00:43:06.661 date the petition is submitted. The petition 00:43:06.673 --> 00:43:08.950 request that the Commission amend 16 Texas 00:43:08.950 --> 00:43:11.787 Administrative Code Section 3.13 to clarify and 00:43:11.799 --> 00:43:14.530 expand the training requirements for drilling 00:43:14.530 --> 00:43:17.450 personnel. Staff notes that Section 3.13 along 00:43:17.462 --> 00:43:20.270 with other oil and gas regulations, has been 00:43:20.270 --> 00:43:22.501 under review to determine whether updates 00:43:22.513 --> 00:43:24.810 or other changes are necessary. Therefore, 00:43:24.810 --> 00:43:26.851 staff recommends that the Commission not initiate 00:43:26.863 --> 00:43:28.670 a rulemaking at this time, but consider the 00:43:28.670 --> 00:43:31.319 issues in the petition as part of the ongoing 00:43:31.331 --> 00:43:33.760 analysis of Section 3.13 Included in your 00:43:33.760 --> 00:43:36.260 notebook materials is a draft denial letter. 00:43:36.272 --> 00:43:38.560 Your approval of Item 544 indicates your 00:43:38.560 --> 00:43:40.693 approval of staff's recommendation to deny 00:43:40.705 --> 00:43:42.800 the petition and authorizes the Office of 00:43:42.800 --> 00:43:46.310 General Counsel to send the letter. May I answer any questions? 00:43:46.335 --> 00:43:47.480 Any questions? I 00:43:47.480 --> 00:43:50.506 move we adopt the examiners recommendation. Is there a second? 00:43:50.531 --> 00:43:50.993 Second. 00:43:51.019 --> 00:43:52.380 Second by Commissioner Sitton. 00:43:52.380 --> 00:43:56.114 All in favor, say Aye. Any opposed? Motion 00:43:56.126 --> 00:44:00.220 passes. That item is approved. Okay, item 545. 00:44:00.220 --> 00:44:03.680 Item 545 is staff's recommendation 00:44:03.692 --> 00:44:06.830 to adopt amendments to 16 Texas Administrative 00:44:06.830 --> 00:44:09.438 Code Chapter 12, subchapter R, relating to 00:44:09.450 --> 00:44:12.010 the Texas Abandoned Mine Land Reclamation 00:44:12.010 --> 00:44:14.603 Program. The rule making is part of the Commission's 00:44:14.615 --> 00:44:17.170 response to an office of surface mining reclamation 00:44:17.170 --> 00:44:20.024 and Enforcement, or OSMRE, letter dated 00:44:20.036 --> 00:44:23.270 March 6 of 2019 indicating that the states 00:44:23.270 --> 00:44:25.162 must update their reclamation plans in 00:44:25.174 --> 00:44:27.630 accordance with changes in federal regulations. 00:44:27.630 --> 00:44:29.908 On August 6, the Commission approved publication 00:44:29.920 --> 00:44:32.210 of the proposed amendments in the Texas Register 00:44:32.210 --> 00:44:34.587 for a 30 day comment period, which ended on 00:44:34.599 --> 00:44:37.150 September 23rd. The Commission did not receive 00:44:37.150 --> 00:44:39.133 any comments on the proposal. Staff recommends 00:44:39.145 --> 00:44:40.970 adoption of the amendments without changes 00:44:40.970 --> 00:44:43.550 to the proposal published in the register. May I answer any questions? 00:44:43.575 --> 00:44:46.028 Are there any questions? I move we 00:44:46.040 --> 00:44:48.641 approve the examiners recommendation? Is there a second? 00:44:48.666 --> 00:44:49.082 Second. 00:44:49.107 --> 00:44:50.330 Second by Commissioner 00:44:50.330 --> 00:44:55.200 Craddick. All in favor say aye. Any opposed? 00:44:55.212 --> 00:45:00.420 Motion passes. That item is approved. Item 546. 00:45:00.420 --> 00:45:04.102 Good morning, Chairman Commissioners. 00:45:04.114 --> 00:45:07.460 For the record, my name is Clay Woodel with the 00:45:07.460 --> 00:45:10.685 Oil and Gas division. In Item 546, the Oil and 00:45:10.697 --> 00:45:13.590 Gas division is seeking your approval for 00:45:13.590 --> 00:45:16.793 the state managed plugging and site remediation 00:45:16.805 --> 00:45:20.220 work plans for fiscal year 2020. The state managed 00:45:20.220 --> 00:45:27.410 plugging work plan includes plugging 1400 wells with a budget of $49,645,290. 00:45:27.410 --> 00:45:32.336 The site remediation work plan includes conducting 00:45:32.348 --> 00:45:37.480 230 cleanup activities with a budget of $17,150,000. 00:45:37.480 --> 00:45:40.323 May I answer any questions? 00:45:40.348 --> 00:45:44.850 Any questions? Okay, I move we approve 00:45:44.850 --> 00:45:47.019 the examiners recommendation. Is there a second? 00:45:47.044 --> 00:45:47.635 Second. 00:45:47.661 --> 00:45:49.410 Second by Commissioner Craddick. All in favor 00:45:49.410 --> 00:45:58.880 say Aye. Any opposed? Motion passes. That item is approved. Okay, Item 547. 00:45:58.880 --> 00:46:01.893 Haley Cochran with the Office of 00:46:01.905 --> 00:46:04.990 General Counsel for the record. Item number 547 is 00:46:04.990 --> 00:46:07.205 the surface mining and reclamation division's 00:46:07.217 --> 00:46:09.250 amended and restated Texas Abandoned Mine 00:46:09.250 --> 00:46:11.598 Land Reclamation plan. Along with the amendments 00:46:11.610 --> 00:46:13.730 to the abandoned mine land rules in Chapter 00:46:13.730 --> 00:46:15.875 12, staff also recommends approval of the 00:46:15.887 --> 00:46:18.250 amended and restated plan pursuant to OSMRE's 00:46:18.250 --> 00:46:20.431 letter requiring updates to all state 00:46:20.443 --> 00:46:23.110 reclamation plans. A summary of the changes 00:46:23.110 --> 00:46:25.687 and the complete amended plan are included in your 00:46:25.699 --> 00:46:28.135 notebook materials. May I answer any questions? 00:46:28.160 --> 00:46:29.516 Are there any questions? 00:46:29.541 --> 00:46:29.943 No, 00:46:29.968 --> 00:46:31.281 I move we approve the 00:46:31.293 --> 00:46:32.748 examiners recommendation. Is there a second? 00:46:32.773 --> 00:46:33.965 Second. 00:46:33.989 --> 00:46:35.886 Second by Commissioner Sitton. 00:46:35.898 --> 00:46:37.540 All in favor, say aye. Any opposed? Motion 00:46:37.540 --> 00:46:42.188 passes. That item is approved. Okay, Item 00:46:42.200 --> 00:46:46.750 548 is our public participation item. No 00:46:46.750 --> 00:46:49.264 one has turned in cards that indicate they 00:46:49.276 --> 00:46:51.860 wish to speak on any non posted item. Alex, 00:46:51.860 --> 00:46:59.570 let me, before we go, I hope you'll work with Wei. Mr. Field was quite concerned 00:46:59.570 --> 00:47:02.684 that the public did not have proper time or 00:47:02.696 --> 00:47:05.750 place in this procedure to be heard. And I 00:47:05.750 --> 00:47:08.358 hope you'll work with Alex and let's reassure 00:47:08.370 --> 00:47:10.990 the public that we at the Railroad Commission 00:47:10.990 --> 00:47:13.771 work for them, and we'll make sure that properly 00:47:13.783 --> 00:47:16.291 that the public is heard from. And if you'd 00:47:16.291 --> 00:47:19.444 kind of give us a review, maybe next meeting, 00:47:19.456 --> 00:47:22.690 to assure the public that this is not a closed 00:47:22.690 --> 00:47:25.415 process and maybe point out to the public 00:47:25.427 --> 00:47:28.230 so they'll be aware when they make protest 00:47:28.230 --> 00:47:30.628 or may speak or speak up on any item before 00:47:30.640 --> 00:47:32.941 this Commission. I think that'd be a good 00:47:32.941 --> 00:47:35.519 good education process for all of us and to let 00:47:35.531 --> 00:47:37.960 the public know that indeed we are listening 00:47:37.960 --> 00:47:45.330 to them and we do work for them. Item 549 in executive session item, which we 00:47:45.330 --> 00:47:47.816 will not be going into today. Are there, are 00:47:47.828 --> 00:47:50.160 there any other duty posted matters to be 00:47:50.160 --> 00:47:52.205 brought before the Commission at this time? 00:47:52.217 --> 00:47:54.180 Hearing none. The meeting of the Railroad 00:47:54.180 --> 00:47:55.710 Commission of Texas is adjourned.