West Virginia Code of State Rules Agency 39 - Oil And Gas Conservation Commission
Here’s a refined overview of West Virginia Code of State Rules — Agency 39: Oil and Gas Conservation Commission (Title 39):
🏛️ Agency 39 – Oil and Gas Conservation Commission
Authority & Statutory Basis
Operates under WV Code §22C‑9 et seq., empowered by the Oil and Gas Conservation Act (ogcc.wv.gov).
Active Legislative Rules:
Series 39‑01 — Rules of the Commission (§39‑1‑1 to 39‑1‑6)
Establishes definitions, structure, and operational duties (law.cornell.edu).
Series 39‑02 — Procedural Rules of the Commission (§39‑2‑1 to 39‑2‑2)
Covers hearing procedures and internal governance (law.cornell.edu, ogcc.wv.gov).
📘 Series 39‑01 – Rules of the Commission
✅ Definitions (§39‑1‑2)
Key terms include:
Commission: comprised of three governor-appointed members plus DEP leadership (regulations.justia.com).
Barrel = 42 US gallons at 60 °F.
Terms defining well types, fields, drilling units, spacing standards, and operational definitions like “completion,” “productive interval,” etc. (regulations.justia.com).
⚙️ General Rules (§39‑1‑3)
Commission duties: enforce conservation laws, prevent waste, protect correlative rights (law.cornell.edu).
Access: Commission staff have unrestricted access to wells and records (confidentially) (law.cornell.edu).
Reporting: Operators/purchasers must file production and operational reports (law.cornell.edu).
Corrective action: Commission can order plugging of idle or noncompliant wells (law.cornell.edu).
Consent agreements: Can administratively resolve violations; hearings if unresolved (law.cornell.edu).
🗂️ Related Statutory Sections (§22C‑9‑2 et seq.)
These statutes provide broader authority and organizational structure:
§22C‑9‑2: Definitions for terms like “deep well,” “horizontal well,” “operator,” “waste,” etc. (code.wvlegislature.gov, code.wvlegislature.gov).
§22C‑9‑4: Describes Commission composition and membership qualifications:
7 total members per 2022 updates (DEP director, Oil & Gas chief, plus five governor appointees including defined roles like independent producer, agriculture rep, mineral owner, registered engineer as chair) (code.wvlegislature.gov).
Specifies six-year staggered terms, removal standards, meetings, and quorum structure (code.wvlegislature.gov).
§22C‑9‑5: Rulemaking and notice procedures:
Commission promulgates rules under state administrative law.
Requires 14-day public notice before hearings; certified mail to affected parties; legal ads in county publications; orders recorded with county clerks (code.wvlegislature.gov).
📌 Summary
The Oil and Gas Conservation Commission regulates oil and gas operations in West Virginia through:
Defining key terms and well types.
Authorizing access and oversight over drilling activities and records.
Mandating reports and conservation measures to prevent waste and protect rights.
Structuring the Commission with varied appointed and ex‑officio members, led by a registered engineer.
Following administrative protocols for rulemaking and hearings.
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