The applicant shall file with the Commission
a publisher's affidavit or other evidence of publication.
(3) Approval without hearing. If the Commission designee
determines, based on the data submitted, that a permit requiring an
exception to the applicable density provision is justified according
to subsection (f) of this section, then the Commission designee may
issue the exception permit administratively if:
(A) signed waivers from all affected persons were submitted
with the application; or
(B) notice of application was given in accordance with
this subsection and no protest was filed within 21 days of the notice;
or
(C) no person appeared to protest the application at
a hearing scheduled pursuant to paragraph (4)(A) of this subsection.
(4) Hearing on the application.
(A) If a written protest is filed within 21 days after
the notice of application is given in accordance with paragraph (2)
of this subsection, the application will be set for hearing.
(B) If the application is not protested and the Commission
designee determines that a permit requiring an exception to the applicable
density provision is not justified according to subsection (f) of
this section, the operator may request a hearing to consider the application.
(i) Duration. A permit is issued as an exception to
the applicable density provision shall expire two years from the effective
date of the permit; unless drilling operations are commenced in good
faith within the two year period.
(j) The requirements for density exceptions for wells
in a designated unconventional fracture treated (UFT) field are set
forth in §3.86(k) of this title (relating to Horizontal Drainhole
Wells).
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Source Note: The provisions of this §3.38 adopted to be effective November 1, 1989, 14 TexReg 5255; amended to be effective April 21, 1997, 22 TexReg 3404; amended to be effective July 10, 2000, 25 TexReg 6487; amended to be effective June 11, 2001, 26 TexReg 4088; amended to be effective February 13, 2002, 27 TexReg 906; amended to be effective September 1, 2004, 29 TexReg 8271; amended to be effective February 1, 2016, 41 TexReg 785; amended to be effective March 18, 2019, 44 TexReg 1437 |