WEBVTT

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<v ->Thank you Carly, good morning?</v>

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This is Christi Craddick.

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This meeting of the Railroad
Commission of Texas

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will come to order to consider matters

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which have been duly posted

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with the Secretary of State
for November 4th, 2020.

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Under our public participation policy,

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anyone desiring to
offer public testimony

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on any items that are not noticed

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on today's agenda was
required to register in advance.

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We didn't have anybody
register in advance.

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The Commission will consider the items

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on the agenda as posted on the agenda.

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But before we get
started with our agenda,

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I wanna recognize our
Human Resources Director,

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Robbie Craig, for some
outstanding service awards,

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we've got a whole slew
of really great people

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who work for us, and
so thank you, Robbie,

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if you'll tell us what all
good things we're doing.

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<v Robbie>Good morning,
Chairman and Commissioners.</v>

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My name is Robbie Craig,
Director of Human Resources,

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and today I'm here to
recognize our Fiscal Year 2020

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Outstanding Service Awards.

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Employees and teams were
nominated by their managers

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and all nominations were reviewed

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by the Executive Director
and Human Resources.

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This year, we were
recognizing 44 individuals

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and 41 teams for their contributions.

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2020 has been unlike any other year

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in our Commission's history.

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Thanks to the dedication

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and commitment of the
employees being recognized today,

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the railroad Commission was able

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to successfully carry out our mission

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despite the challenges caused
by the COVID-19 pandemic.

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These individuals and
teams are recognized

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for their innovation, diligent work,

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and outstanding customer
service to the public

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and internally to our agency staff

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during a very challenging year.

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Teams and individuals
are recognized today

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for their accomplishments,

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which included transitioning
the entire agency

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to remote work environment
in a very short amount of time,

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implementing new procedures

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and recovery systems within our agency

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and state data center
services to minimize

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and address issues to
avoid a network outage.

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completing the Oracle
Business Intelligence

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software upgrade,

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creating improvements
to the public GIS viewer,

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eliminating backlogs in the oil and gas

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environmental permits and support unit,

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transitioning to an
electronic conference format,

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meeting a high volume
of open records requests

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within required response deadlines,

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transitioning to the
cases online portal,

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purchasing, distributing
personal protective equipment

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necessary for employees

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to continue their essential functions,

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implementing the railroad
Commission drone program,

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filling over 220 job requisitions,

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transitioning from
in-person to zoom hearings,

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hosting continuing education webinars

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to meet certificate holders
continuing education needs,

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exceeding legislative
performance measures

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for inspections and well plugging.

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347,617 inspections were
done by oil and gas inspectors

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and 1,477 state managed
wells were plugged,

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performing 3,561 standard

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and follow up comprehensive
pipeline safety inspections,

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performing 417 surface
coal mine inspections,

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imaging 3.28 million Commission records

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from non-digital formats,

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permitting or renewing 13,346
oil and gas organizations.

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Thank you all for modeling
the one agency, one team vision

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through your work for
the Commission this year.

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You'll be contacted individually

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about how to receive your awards.

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Thank you.

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This concludes this year's
outstanding service awards.

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<v ->Thank you Robbie Craig
and everybody who is on the list</v>

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and who has done the work this year.

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I'm sorry we're not there

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in person cause we can't
shake hands anymore,

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but not there in person to recognize you

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and thank you for keeping
this agency really going

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and keeping us one of the top agencies,

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I believe, not just in the Statewide,

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but now in the country, right,

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so, thank you all for
everything that this agency,

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this Commission is doing
and the staff is doing,

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we appreciate it.

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All right, we are ready
to move to the agenda.

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So if you will Carly call up
presenter for item number one

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and on that she's going to present

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for one, two, and maybe three as well.

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<v Carly>Yes, that is
correct, thank you.</v>

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Dee Marlo Chico will be
presenting agenda items one

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through three.

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Dee Marlo, we are ready when you are.

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<v ->Good morning, Chairman
and Commissioners.</v>

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I am Dee Marlo Chico,
an administrative law judge

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with the Hearings division.

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I will be presenting items
number one through three.

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Item number one is a
150 day suspension order

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core rate case followed four applicants

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who are affiliated
companies that each provide

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regulated natural gas
distribution services

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in unincorporated areas of Texas

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that include Komala, Grimes, Harris

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Liberty, Montgomery,
and Walker counties Texas.

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Applicants seek to increase

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and consolidate their gas utility rates.

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These four applicants are
universal natural gas LLC DBA,

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Universal natural gas incorporated,

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Consumer gas company LLC
DBA, consumer gas company

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incorporated, Enertex NB
LLC and Gas Energy LLC.

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Examiners recommend
issuance of the suspension order

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to allow for proper evaluation
of the applicants filling.

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I'm available for questions.

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<v ->Thank you are
there any questions?</v>

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I move we approve the
examiner recommendation.

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Is there a second?

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<v ->Second.</v>

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<v ->Second by Commissioner
Sitton all in favor, say aye.</v>

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<v ->Aye.</v>
<v ->Aye.</v>

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<v ->Aye, motion passes
items approved.</v>

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All right number two, keep going.

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<v ->Yes ma'am, item
number two is also</v>

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a 150 day suspension order

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core rate case followed
by three applicants

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who are affiliated
companies that each provide

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regulated natural gas
transportation services

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in unincorporated areas of Texas

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and who seek to increase in consolidate

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their natural gas transportation rates.

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These three applicants
are Hooks gas pipeline LLC,

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Texas gas pipeline company
LLC, and 1486 gas pipeline LLC.

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The examiners recommend
issuance of the suspension order

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to allow for proper evaluation
of the applicant's filing.

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I'm available for questions.

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<v ->Thank you, are
there any questions?</v>

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<v ->Nope.</v>

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<v ->I move, we approve the
examiners recommendation,</v>

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is there a second?

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<v ->A second.</v>

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<v ->Second by Commissioner
Christian, all in favor, say aye.</v>

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<v ->Aye.</v>
<v ->Aye.</v>

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<v ->Aye, motion passes
items are approved</v>

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and numbers three.

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<v ->Item number three has
two motions for rehearing</v>

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in gas utility docket number 10918,

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which is a complaint of
DCP Guadalupe pipeline LLC

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against Atmos energy corporation.

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The motions for rehearing
or to the interim ruling

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and the dismissal order.

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On August 21st, 2020 an interim ruling

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was issued granting
DCP's motion to dismiss.

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Also in August 21st, the
hearings director issued an order

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of dismissal consistent
with the interim ruling.

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On August 28th, Atmos
filed an interim appeal

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to the interim ruling
and the dismissal order

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as well as the motion for a
hearing to the dismissal order.

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DCP timely filed a response
to Atmos' interim appeal

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on September 8th, Atmos'
interim appeal was denied

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by operation of law on September 10th

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thereafter on October 5th,

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Atmos filed a motion for
rehearing to the interim ruling

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DCP filed replies to both

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of that Atmos' motions for rehearing.

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The motions do not assert any new issues

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of fact or law not previously
considered by the Commission.

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It is recommended the
Commission deny Atmos' motions

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for rehearing, which will be overruled

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by operation of law on November 30th.

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I'm available for questions.

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<v Carly>commisioners
we also have Ann coffin</v>

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representing Atmos energy

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and Jay Stewart representing
DCP Guadalupe pipeline LLC.

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Both parties have
registered and are available

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for questions if needed.

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Thank you, does anybody
have any questions

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of either the examiner
or the two attorneys?

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All right, I move, we approve
the examiners recommendation.

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Is there a second?

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<v ->Second.</v>

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<v ->Second by Commissioner
Sitton all in favor, say aye?</v>

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<v ->Aye .</v>
<v ->Aye.</v>

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<v ->Aye, motion passes
that items is approved.</v>

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Thank you very much, item number four.

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<v Carly>Yes, thank
you Veronica Roberto</v>

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will be presenting agenda item four,

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Veronica we are ready when you are.

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<v ->Good morning,
chairman Commissioners</v>

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for the record Veronica
Roberto administrative law judge

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to the Hearings division.

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Item number four is the application

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by Luminant mining company LLC

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requesting a multi-phased release

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on an aggregate 954.8 acres
within permit number four L

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within Morton Lake mine located
in Panola and Rusk counties.

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There are five approved
post mine land uses,

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fish and wildlife, forestry
developed water resources,

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pasture land and industrial commercial.

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Evidence in the record supports

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that Luminant has completed all

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reclamation activities required

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for the various spaces of release sought

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with the exception of 0.1 acre,

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which Luminant does
not have right of entry.

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It is not bonded nor was it
disturbed by mining activities.

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After notice of the application

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no comments or requests
for a hearing were received.

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Staff and Luminant are the
only parties to the proceeding.

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No, except for filed no
changes to the current border

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request and stock it.

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It is recommended that the
requests for the various phases

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of release be approved get 954.7 acres

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and that 0.1 acre be
denied without prejudice.

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And that Luminant be
eligible to reduce bond monies

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attributable to the acres

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and grant release in the stock.

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I'm available for questions.

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<v ->Thank you Veronica,
is there any questions?</v>

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Right, I move that we approve
the examiners recommendation.

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Is there a second?

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<v ->Second.</v>

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<v ->Second by
Commissioner Christian,</v>

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all those in favor Say aye?

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<v ->Aye.</v>
<v ->Aye.</v>

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<v ->Aye,motion passes,
items approved.</v>

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Thank you, Carly if you'll
call up number five please.

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<v Carly>Yes, thank you.</v>

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John Moore will be
presenting agenda item five.

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John, we are ready when you are.

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<v ->Good morning, chairman
and Commissioners</v>

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for the record, my name is John Moore

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and I'm a Technical Examiner
in the Hearings division.

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Item five is the application
of marathon oil EF LLC.

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Pursuant to Statewide rule nine

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for a non-commercial permit

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to dispose of oil and gas waste

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by injection into a porous formation

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not productive of oil or
gas or the SSL SWD lease.

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Well Number two, in the
sugar cane, Eagleford field,

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Karnes County, Texas
Marathon's application is protested

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by evergreen underground
water conservation district.

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Marathon filed a motion to dismiss

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Evergreen's protests
for lack of standing.

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The examiners find that
Evergreen is an affected person

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within the context
of state one rule nine.

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Marathon proposals to drill
complete a new disposal well

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and inject up to 20,000
barrels per day of salt water

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produced from its own nearby Wells.

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The produced water will be piped

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to the new disposal well

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and injected into the Wilcox formation

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at depth from 6630 to 8500 feet.

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The examiners find the proposal,

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the proposed disposal well is compliant

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with all Commission and
Texas water code requirements.

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The recommendation is
to approve the application.

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Exemptions and replies were filed.

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May I answer any questions.

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<v ->Thank you, John.</v>

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Are there any questions?

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I move we approve the
examiners recommendation.

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Is there a second?

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<v ->Second.</v>

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<v ->Second by Commissioner sitton,</v>

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all those in favor say aye?

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<v ->Aye</v>
<v ->Aye..</v>

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Aye, items approved.

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Thank you, John.

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Carly, number six and nine,

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coordinate six through
11 together, correct?

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<v Carly>That is correct.</v>

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Thank you,Jennifer
Cook will be presenting

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agenda item six through 11.

00:13:03.270 --> 00:13:05.253
Jennifer, we are ready when you are.

00:13:07.063 --> 00:13:09.646
<v ->Chairman and Commissioners,</v>

00:13:09.646 --> 00:13:12.040
I am Jennifer Cook
administrative law judge

00:13:12.040 --> 00:13:13.700
with the Hearings division.

00:13:13.700 --> 00:13:16.350
I'm presenting as items
six through 11 together

00:13:16.350 --> 00:13:20.010
for one Board and have
provided one proposed order.

00:13:20.010 --> 00:13:21.930
In item six through 11,

00:13:21.930 --> 00:13:24.340
John Dale McClay filed a complaint,

00:13:24.340 --> 00:13:26.730
asserting Sienna oil and gas

00:13:26.730 --> 00:13:28.140
does not have a good faith claim

00:13:28.140 --> 00:13:32.120
to operate six Wells in
Tom green County, Texas.

00:13:32.120 --> 00:13:34.440
Mr. McClay maintained Sienna has no

00:13:34.440 --> 00:13:36.950
good faith claim to operate the Wells

00:13:36.950 --> 00:13:39.030
so the Wells should be ordered plugged.

00:13:39.030 --> 00:13:41.050
Sienna states it does
have a good big claim

00:13:41.050 --> 00:13:42.580
to operate the Wells.

00:13:42.580 --> 00:13:45.080
Mr. McClay is the middle interest owner

00:13:45.080 --> 00:13:46.990
where the Wells are located.

00:13:46.990 --> 00:13:49.270
He asserts the underlying
contractual lease

00:13:49.270 --> 00:13:51.570
relied on by Sienna has terminated

00:13:51.570 --> 00:13:53.300
for lack of production.

00:13:53.300 --> 00:13:55.830
He requests that the Wells be plugged

00:13:55.830 --> 00:13:57.700
and there has been no
production from the Wells

00:13:57.700 --> 00:14:01.671
since 2018, Sienna argues
it has a good faith claim

00:14:01.671 --> 00:14:06.260
because Sienna believes a
reasonably prudent operator

00:14:06.260 --> 00:14:08.800
could produce the Wells
and paying quantities

00:14:08.800 --> 00:14:10.950
if the Wells were produced.

00:14:10.950 --> 00:14:13.740
Sienna asserts that
is sufficient to maintain

00:14:13.740 --> 00:14:16.910
the underlying contractual lease.

00:14:16.910 --> 00:14:18.920
It is recommended the Commission finds

00:14:18.920 --> 00:14:21.310
Sienna does not have a good faith claim

00:14:21.310 --> 00:14:23.220
and order the wells plugged.

00:14:23.220 --> 00:14:25.250
Exceptions and replies were filed

00:14:25.250 --> 00:14:27.620
and I'm available for questions.

00:14:27.620 --> 00:14:28.453
<v ->Thank you, Jennifer.</v>

00:14:28.453 --> 00:14:29.550
Are there any questions?

00:14:30.540 --> 00:14:33.010
I move we approve the
examiners recommendation,

00:14:33.010 --> 00:14:35.130
for item six through 11.

00:14:35.130 --> 00:14:36.480
Is there a second?

00:14:36.480 --> 00:14:37.313
<v ->Second.</v>

00:14:37.313 --> 00:14:38.560
<v ->Second by
Commissioner Christian,</v>

00:14:38.560 --> 00:14:39.986
all those in favor say aye?

00:14:39.986 --> 00:14:41.080
<v ->Aye.</v>
<v ->Aye.</v>

00:14:41.080 --> 00:14:42.110
<v ->Aye,motion passes.</v>

00:14:42.110 --> 00:14:44.060
Those items are approved.

00:14:44.060 --> 00:14:47.160
Carly, please call up a
presenter for general items.

00:14:47.160 --> 00:14:51.244
We're gonna get Joe for 12, 13, and 14.

00:14:51.244 --> 00:14:54.760
<v ->Good morning,
Chairman, Commissioners?</v>

00:14:54.760 --> 00:14:57.150
for the record, Joe Murphy paralegal

00:14:57.150 --> 00:14:58.990
with the Hearings division

00:14:58.990 --> 00:15:02.150
I'll be presenting items 12 through 14

00:15:02.150 --> 00:15:05.410
all of which are P5
motions for rehearing

00:15:05.410 --> 00:15:07.880
filed as a result of Bonell orders,

00:15:07.880 --> 00:15:10.920
denying renewal of the operator's P5

00:15:10.920 --> 00:15:15.310
because of Wells noncompliant
with Statewide rule 15.

00:15:15.310 --> 00:15:18.190
Item number 12 in its motion

00:15:18.190 --> 00:15:22.420
hydro geo energy LLC States its failure

00:15:22.420 --> 00:15:25.640
to request a hearing
was due to COVID-19.

00:15:25.640 --> 00:15:29.830
That all required
documentation has been filed

00:15:29.830 --> 00:15:32.010
or will be filed eminently

00:15:32.010 --> 00:15:33.750
and that granting the re-hearing will

00:15:33.750 --> 00:15:36.650
not delay or injured the Commission.

00:15:36.650 --> 00:15:38.990
Staff proposes the motion,

00:15:38.990 --> 00:15:41.740
12 Wells remain noncompliant

00:15:41.740 --> 00:15:43.840
with Statewide rule 15.

00:15:43.840 --> 00:15:46.370
It is recommended the motion be denied.

00:15:46.370 --> 00:15:48.020
The motion will be overruled

00:15:48.020 --> 00:15:51.310
by operation of law on December 10th.

00:15:51.310 --> 00:15:53.730
I'm available for questions.

00:15:53.730 --> 00:15:55.403
<v ->Thank you, are
there any questions?</v>

00:15:56.677 --> 00:15:58.900
Alright,I move,we approve
the examiners recommendation.

00:15:58.900 --> 00:15:59.733
Is there a second?

00:15:59.733 --> 00:16:01.010
<v ->Second.</v>

00:16:01.010 --> 00:16:02.370
<v ->Second by Commissioner sitton,</v>

00:16:02.370 --> 00:16:04.216
all those in favor, say aye?

00:16:04.216 --> 00:16:05.049
<v ->Aye.</v>
<v ->Aye.</v>

00:16:05.049 --> 00:16:09.040
<v ->Aye, motion passes
items approved, number 13.</v>

00:16:09.040 --> 00:16:12.350
<v ->Item number 13 and it's motion,</v>

00:16:12.350 --> 00:16:14.660
Pena brothers oil and gas

00:16:14.660 --> 00:16:17.070
states its failure to request a hearing

00:16:17.070 --> 00:16:19.170
was due to COVID-19.

00:16:19.170 --> 00:16:22.410
That filling up compliance
documentation has been

00:16:22.410 --> 00:16:24.520
or will be filed eminently

00:16:24.520 --> 00:16:28.760
and that the Commission
would not be delayed or injured.

00:16:28.760 --> 00:16:30.850
Staff opposes the motion

00:16:30.850 --> 00:16:35.300
for oil's remain noncompliant
with Statewide rule 15.

00:16:35.300 --> 00:16:37.970
It is recommend that
the motion be denied.

00:16:37.970 --> 00:16:39.360
The motion will be overruled

00:16:39.360 --> 00:16:42.220
by operation of law on December 10th.

00:16:42.220 --> 00:16:44.150
I'm available for questions.

00:16:44.150 --> 00:16:46.690
<v ->Thank you, are
there any questions?</v>

00:16:46.690 --> 00:16:48.960
I move we approve the
examiners recommendation.

00:16:48.960 --> 00:16:49.793
Is there a second?

00:16:49.793 --> 00:16:50.770
<v ->Second.</v>

00:16:50.770 --> 00:16:52.530
<v ->Second by
Commissioner Christian,</v>

00:16:52.530 --> 00:16:54.106
all in favor say aye?

00:16:54.106 --> 00:16:54.939
<v ->Aye.</v>
<v ->Aye.</v>

00:16:54.939 --> 00:16:57.440
<v ->Aye, motion passes,that
item is approved.</v>

00:16:57.440 --> 00:16:58.859
Right, number 14.

00:16:58.859 --> 00:17:02.590
<v ->Item number 14, in
its motion for rehearing</v>

00:17:02.590 --> 00:17:06.810
Restoration Energy
LLC States its failure

00:17:06.810 --> 00:17:10.440
to request a hearing was due to COVID-19

00:17:10.440 --> 00:17:14.280
that a W3X option A has been filed

00:17:14.280 --> 00:17:18.920
with the P5 department,
resolving all outstanding issues

00:17:18.920 --> 00:17:21.070
and that granting the rehearing will not

00:17:21.070 --> 00:17:23.290
delay or injure the Commission.

00:17:23.290 --> 00:17:25.610
Staff opposes the motion.

00:17:25.610 --> 00:17:30.610
74 Wells remain noncompliant
with Statewide rule 15.

00:17:31.000 --> 00:17:33.660
It is recommended the motion be denied.

00:17:33.660 --> 00:17:35.190
The motion will be overruled

00:17:35.190 --> 00:17:38.260
by operation of law on December 10.

00:17:38.260 --> 00:17:40.610
I'm available for questions.

00:17:40.610 --> 00:17:41.443
<v ->Thank you, Joe.</v>

00:17:41.443 --> 00:17:42.513
Are there any questions?

00:17:43.443 --> 00:17:45.620
I move we approve the
examiners recommendation.

00:17:45.620 --> 00:17:47.088
Is there a second?

00:17:47.088 --> 00:17:48.020
<v ->Second.</v>

00:17:48.020 --> 00:17:49.300
<v ->Second by Commissioner Sitton,</v>

00:17:49.300 --> 00:17:50.754
all in favor say aye?

00:17:50.754 --> 00:17:51.770
<v ->Aye.</v>
<v ->Aye.</v>

00:17:51.770 --> 00:17:52.680
<v ->Aye, motion passes.</v>

00:17:52.680 --> 00:17:53.770
That item is approved.

00:17:53.770 --> 00:17:55.340
Thanks Joe, all right.

00:17:55.340 --> 00:17:58.073
We're moving on to the oil
and gas Consent Agenda.

00:17:59.170 --> 00:18:03.233
There are 73 items on the
oil and gas Consent Agenda.

00:18:03.233 --> 00:18:06.830
Items 15 through 87.

00:18:06.830 --> 00:18:11.830
There was an item 88, the
operator has achieved compliance.

00:18:13.430 --> 00:18:17.206
So we're gonna do items 15 through 87.

00:18:17.206 --> 00:18:20.210
I move that we approve
items 15 through 87.

00:18:20.210 --> 00:18:21.896
Is there a second?

00:18:21.896 --> 00:18:22.820
<v ->Second.</v>

00:18:22.820 --> 00:18:24.280
<v ->Second by
Commissioner Christian,</v>

00:18:24.280 --> 00:18:25.908
all in favor, say aye?

00:18:25.908 --> 00:18:26.741
<v ->Aye.</v>
<v ->Aye.</v>

00:18:26.741 --> 00:18:28.050
<v ->Aye, motion passes.</v>

00:18:28.050 --> 00:18:29.400
Those items are approved.

00:18:29.400 --> 00:18:31.200
Sorry I did 88, a little early,

00:18:31.200 --> 00:18:33.380
but we've already inactive Wells.

00:18:33.380 --> 00:18:35.430
88 number 88 is already a complaint.

00:18:35.430 --> 00:18:37.500
So we're skipping that
one since we've got it.

00:18:37.500 --> 00:18:39.480
They've done what they need to.

00:18:39.480 --> 00:18:43.350
So now we're going
to item master default

00:18:43.350 --> 00:18:46.570
orders items 89 through 93.

00:18:46.570 --> 00:18:48.330
There are five of those.

00:18:48.330 --> 00:18:51.580
I move we approve items 89 through 93.

00:18:51.580 --> 00:18:53.936
Is there a second,
<v ->Second.</v>

00:18:53.936 --> 00:18:55.160
<v ->Second by Commissioner sitton,</v>

00:18:55.160 --> 00:18:56.683
all in favor, say aye?

00:18:56.683 --> 00:18:57.516
<v ->Aye.</v>
<v ->Aye.</v>

00:18:57.516 --> 00:18:58.980
<v ->Aye, motion passes.</v>

00:18:58.980 --> 00:19:00.670
Those items are approved.

00:19:00.670 --> 00:19:03.600
And we're now going to
agree to enforcement orders.

00:19:03.600 --> 00:19:07.243
Items 94 through 193 there are 100

00:19:07.243 --> 00:19:09.141
agreed enforcement orders.

00:19:09.141 --> 00:19:13.700
I'm move we approve
items 94 through 193.

00:19:13.700 --> 00:19:15.045
Is there a second?

00:19:15.045 --> 00:19:15.920
<v ->Second.</v>

00:19:15.920 --> 00:19:17.290
<v ->Second by
Commissioner Christian,</v>

00:19:17.290 --> 00:19:18.824
all in favor, say aye?

00:19:18.824 --> 00:19:19.903
<v ->Aye.</v>
<v ->Aye.</v>

00:19:19.903 --> 00:19:21.170
<v ->Aye, motion passes.</v>

00:19:21.170 --> 00:19:22.410
Those items are approved.

00:19:22.410 --> 00:19:24.650
That concludes the
hearing section matters.

00:19:24.650 --> 00:19:27.620
And we'll now go to
administrative agenda.

00:19:27.620 --> 00:19:31.539
Carly if you'll call up
presenter for agenda item 194

00:19:31.539 --> 00:19:34.000
and I think 195 at same time.

00:19:34.000 --> 00:19:35.590
<v Carly>Yes, thank you, Paul Dubois</v>

00:19:35.590 --> 00:19:39.780
will be presenting
agenda items 194 and 195.

00:19:39.780 --> 00:19:41.440
Paul, we are ready when you are.

00:19:41.440 --> 00:19:42.403
We're in Paul.

00:19:43.390 --> 00:19:45.130
<v ->Good morning,
chairman Commissioners,</v>

00:19:45.130 --> 00:19:46.960
for the record My name is Paul Dubois.

00:19:46.960 --> 00:19:48.130
I'm the assistant director

00:19:48.130 --> 00:19:51.221
for technical permitting
and the oil and gas division.

00:19:51.221 --> 00:19:54.060
These items will be taken up separately.

00:19:54.060 --> 00:19:56.900
Item number 194 is staff's request

00:19:56.900 --> 00:19:59.220
that the Commission
adopt changes per form H5

00:20:00.310 --> 00:20:03.118
disposal well injection
pressure test report.

00:20:03.118 --> 00:20:06.120
The proposed changes
require operators to indicate

00:20:06.120 --> 00:20:08.530
the top of cement
behind casing on the form,

00:20:08.530 --> 00:20:11.270
a critical data element for
Commission staff to ensure

00:20:11.270 --> 00:20:14.313
the protection of fresh water
and hydrochloric resources.

00:20:15.430 --> 00:20:19.380
The proposed revisions to the
form represented conference

00:20:19.380 --> 00:20:22.590
on February 11th, 2020,
and the revisions were posted

00:20:22.590 --> 00:20:25.290
on the Commission's
website for public comment.

00:20:25.290 --> 00:20:26.600
The Commission received comments

00:20:26.600 --> 00:20:28.740
from six individuals,
operating companies

00:20:28.740 --> 00:20:30.153
and trade associations.

00:20:31.170 --> 00:20:32.600
Staff considered all of the comments

00:20:32.600 --> 00:20:35.230
that were determined to
be germane to the proposal.

00:20:35.230 --> 00:20:37.160
No modifications to the form were made

00:20:37.160 --> 00:20:39.350
in response to the comments.

00:20:39.350 --> 00:20:43.570
Staff requests the Commission
adopt the revisions form H5.

00:20:43.570 --> 00:20:45.190
Staff recommends that if approved

00:20:45.190 --> 00:20:48.200
the revised form goes
into effect immediately.

00:20:48.200 --> 00:20:50.150
I'm available to answer your questions.

00:20:51.340 --> 00:20:52.173
<v ->Thank you Paul.</v>

00:20:52.173 --> 00:20:53.350
Are there any questions?

00:20:55.035 --> 00:20:57.460
Alright, I move we approve
the staff recommendation.

00:20:57.460 --> 00:20:59.153
Is there a second?

00:20:59.153 --> 00:20:59.990
<v ->Second.</v>

00:20:59.990 --> 00:21:01.370
<v ->Second by Commissioner sitton,</v>

00:21:01.370 --> 00:21:02.912
all in favor, say aye?

00:21:02.912 --> 00:21:03.753
<v ->Aye.</v>
<v ->Aye.</v>

00:21:03.753 --> 00:21:05.100
<v ->Aye, motion passes.</v>

00:21:05.100 --> 00:21:06.560
That item is approved.

00:21:06.560 --> 00:21:09.373
Thank you, item 195.

00:21:09.373 --> 00:21:12.190
<v ->Item number 195
is staff's request</v>

00:21:12.190 --> 00:21:13.680
that the Commission adopt changes

00:21:13.680 --> 00:21:16.850
to the Statewide rule
32 exception data sheet

00:21:16.850 --> 00:21:20.820
and to rename it form R32.

00:21:20.820 --> 00:21:22.820
Proposed revisions
to the former presented

00:21:22.820 --> 00:21:25.730
at Commission conference
on August 4th, 2020,

00:21:25.730 --> 00:21:28.510
and the revisions were posted
on the Commission's website

00:21:28.510 --> 00:21:29.533
for public comment.

00:21:30.500 --> 00:21:31.860
The Commission received comments

00:21:31.860 --> 00:21:34.440
from 26 individuals,
operating companies,

00:21:34.440 --> 00:21:38.320
trade associations and
non-governmental organizations.

00:21:38.320 --> 00:21:39.790
Some of the comments were not relevant

00:21:39.790 --> 00:21:41.410
or were beyond the scope of the proposed

00:21:41.410 --> 00:21:43.187
changes to the form.

00:21:43.187 --> 00:21:45.370
Staff considered all of the comments

00:21:45.370 --> 00:21:47.760
that were determined to
be germane to the proposal

00:21:47.760 --> 00:21:50.210
and modified the form accordingly.

00:21:50.210 --> 00:21:52.210
The new form greatly enhances collection

00:21:52.210 --> 00:21:54.480
of critical data points
and in some cases

00:21:54.480 --> 00:21:56.463
significantly reduces fire duration.

00:21:57.730 --> 00:22:00.513
Staff requests the
Commission adopt form R32.

00:22:01.480 --> 00:22:03.710
In addition staff is
currently developing

00:22:03.710 --> 00:22:07.740
an online filing system to
support the rule 32 program.

00:22:07.740 --> 00:22:09.380
The first phase of the implementation

00:22:09.380 --> 00:22:12.280
is currently planned to go
live by the end of March, 2021.

00:22:13.640 --> 00:22:15.810
Staff recommends that if approved

00:22:15.810 --> 00:22:18.770
form R32 will become
effective immediately

00:22:18.770 --> 00:22:21.240
but operators may
file either the new form

00:22:21.240 --> 00:22:24.550
or the current data
sheet until April 1st, 2021

00:22:24.550 --> 00:22:27.900
when the online exception
filing system is implemented.

00:22:27.900 --> 00:22:29.760
Once the online system is implemented

00:22:29.760 --> 00:22:32.070
the current rule 32
data sheet will be phased

00:22:32.070 --> 00:22:33.800
out and discontinued.

00:22:33.800 --> 00:22:36.450
I'm available to answer your question.

00:22:36.450 --> 00:22:38.540
<v ->Commissioners we
also have Cyrus Reed</v>

00:22:38.540 --> 00:22:40.250
with Sierra club who is registered

00:22:40.250 --> 00:22:42.913
and available for comments
or questions if needed.

00:22:44.090 --> 00:22:46.260
<v ->Thank you, does
anybody have any questions</v>

00:22:46.260 --> 00:22:47.910
of Paul or Mr. Reed this morning?

00:22:50.090 --> 00:22:51.430
Okay, Paul, thank you.

00:22:51.430 --> 00:22:52.330
And to your staff

00:22:52.330 --> 00:22:53.710
I think this is a good step forward

00:22:53.710 --> 00:22:55.504
as we're looking at
continuing to look at flaring

00:22:55.504 --> 00:22:58.350
and what we ought to be doing better

00:22:58.350 --> 00:23:01.120
and thank you Wayne, for
getting us moving in direction too.

00:23:01.120 --> 00:23:03.840
So appreciate staff and
everybody moving this forward.

00:23:03.840 --> 00:23:05.840
I think this will be a good addition

00:23:05.840 --> 00:23:08.720
to the tools we have at the agency.

00:23:08.720 --> 00:23:11.410
I move, we approve the
staff's recommendation.

00:23:11.410 --> 00:23:12.691
Is there a second?

00:23:12.691 --> 00:23:13.524
<v ->Second.</v>

00:23:13.524 --> 00:23:14.830
<v ->Second by
Commissioner Christian,</v>

00:23:14.830 --> 00:23:16.603
all those in favor, say aye?

00:23:16.603 --> 00:23:17.436
<v ->Aye.</v>
<v ->Aye.</v>

00:23:17.436 --> 00:23:20.180
<v ->Aye, motion passes
that item is approved.</v>

00:23:20.180 --> 00:23:21.340
Thank you Paul.

00:23:21.340 --> 00:23:24.040
Alright next agenda item is

00:23:24.040 --> 00:23:28.193
is item one 96 is our
public participation item.

00:23:28.193 --> 00:23:30.480
No one else has registered indicating

00:23:30.480 --> 00:23:33.170
they wanna speak on any nonposted items

00:23:33.170 --> 00:23:35.970
and item one 97 is our
executive session item

00:23:35.970 --> 00:23:38.400
which we'll won't be going into today.

00:23:38.400 --> 00:23:41.130
Are there any other duly
posted matters to be brought

00:23:41.130 --> 00:23:43.340
before the Commission at this time?

00:23:43.340 --> 00:23:44.400
Hearing none this meeting

00:23:44.400 --> 00:23:45.950
of the Railroad Commission is adjourned.

00:23:45.950 --> 00:23:47.830
I think we're all going to
go get some sleep today.

00:23:47.830 --> 00:23:49.013
So thank you all.