August 20, 2012
STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF INTENT TO ISSUE SPACING ORDER FOR A NATURAL GAS WELL
PERMITTED PRIOR TO AUGUST 2, 2005
The Department of Environmental Conservation ("Department") hereby gives notice pursuant to Environmental Conservation Law ("ECL") § 23‑0503(5) of its intent to issue a spacing order establishing a spacing unit for the following listed well:
|Well Name||Towns||Counties||API Number|
Well Operator : Talisman Energy USA Inc., 50 Pennwood Place, Warrendale, PA 15086 (Contact: Yvonne E. Hennessey, The West Firm, PLLC, 677 Broadway, 8th Floor, Albany, New York 12207 -- (518) 641-0500).
A permit to drill the above referenced well was issued prior to August 2, 2005, but a spacing order was not issued prior to that date. Pursuant to ECL 23-0503(5), as added by amendments to ECL article 23 effective August 2, 2005, and consistent with the Commissioner's interim decision in Matter of Beach W 1, et al. (August 26, 2011), the Department proposes to issue a spacing order for the well.
The proposed spacing unit for the well conforms to the "statewide spacing" provisions of ECL 23‑0501(1)(b)(iv). Accordingly, a spacing order may be issued without a hearing if no substantive and significant objections to the boundaries of the proposed spacing unit are received within thirty (30) days after publication of this notice by the well operator.
The Department has directed the well operator listed above to provide notice of the proposed spacing unit by publication in a newspaper of general circulation in the vicinity of the unit. The Department has also provided notice by certified mail, return receipt requested, to each uncontrolled owner within the proposed unit.
A 30‑day comment period, as provided by ECL 23‑0503(5), commences upon publication of this notice by the well operator. If the Department determines that substantive and significant issues are raised in a timely manner during the comment period, an adjudicatory hearing will be scheduled.
All written comments on the proposed spacing units must be received by the Department at the following addresses no later than close of business on September 19, 2012. Written comments on the proposed spacing unit should be submitted to: Peter S. Briggs, Director, Bureau of Oil and Gas Permitting and Management, Division of Mineral Resources, New York State Department of Environmental Conservation, 625 Broadway, 3rd Floor, Albany, New York 12233-6500 (518-402-8056). A copy of any written comments should also be submitted at the same time to James T. McClymonds, Chief Administrative Law Judge, New York State Department of Environmental Conservation, 625 Broadway, 1st Floor, Albany, New York 12233-1550 (518-402-9003), and to counsel for the well operator, Yvonne E. Hennessey, The West Firm, PLLC, 677 Broadway, 8th Floor, Albany, New York 12207 (518-641-0500).
Any challenge to the proposed spacing unit must meet the substantive and significant requirement for establishing an issue for adjudication and must contain (i) a description and a map of the proposed alternative spacing unit; (ii) a technical justification of the proposed alternative spacing unit, which shall include a description and analysis of the scientific data intended by the owner to support its proposed spacing unit configuration; and (iii) the name, address and experience of any expert witness proposed to support the proposed alternative spacing unit configuration.
A map of the proposed spacing unit and the draft spacing order are available for inspection during normal business hours at the Department's Division of Mineral Resources, Region 8 Headquarters, 6274 East Avon-Lima Road, Avon, New York 14414-9519 (585-226-2466), contact: Linda Collart; and at the Department's Region 8 Sub-Office, 100 N. Main Street, Suite 104, Elmira, New York 14901 (607-732-2214), contact: Joseph Yarosz. Interested parties may also request the map and draft spacing order from the Department's Division of Mineral Resources' Albany office by email, at firstname.lastname@example.org.
The spacing order will not be issued until one of the following occurs: (1) the Department determines that no substantive and significant issues have been raised, or (2) an adjudicatory hearing has been held to address any substantive and significant issues. If, after spacing order issuance, the well operator does not control 100% of the acreage in the unit, the Department will issue an integration order pursuant to ECL 23-0901(3) and consistent with the Commissioner's interim decision in Matter of Beach W 1, et al.
James T. McClymonds
Chief Administrative Law Judge
Dated: August 20, 2012
Albany, New York