NOTICE OF HEARING BEFORE THE BOARD OF OIL, GAS AND MINING DEPARTMENT OF NATURAL RESOURCES STATE OF UTAH

THE STATE OF UTAH TO ALL PERSONS INTERESTED IN THE FOLLOWING MATTER (Docket No. 2019-009):

Notice is hereby given that the Board of Oil, Gas and Mining (“Board”), State of Utah, will conduct a hearing on WEDNESDAY, March 27, 2019, at 10:00 AM, or as soon thereafter as possible, in the auditorium of the Department of Natural Resources, 1594 West North Temple, Salt Lake City, Utah. The hearing will be streamed live on the Department of Natural Resources YouTube channel at https://youtu.be/rO00bXn7ZG0.

THE HEARING WILL BE CONDUCTED as a formal administrative adjudication in accordance with the rules of the Board as set forth in Utah Administrative Code R641 et seq., and as provided for in Utah Code Ann. § 40-6-1 et seq., Utah Code Ann. § 40-8-1 et seq., and Utah Code Ann. § 63G-4-101 through 601.

DOCKET NO. 2019-009 CAUSE NO. 222-18: In the matter of the Notice of Agency Action for an order: (1) Forfeiting a Letter of Credit No. SBPUT300410 provided by Zions Bank N.A. to secure the plugging and restoration obligations of TITAN ENERGY CORP.; and (2) Authorizing the Division use the amounts forfeited to plug and reclaim the well secured by the Letter of Credit which are located in Township 18S Range 8E, Section 1, Emery County, Utah

THE PURPOSE OF THE PROCEEDING will be for the Board to receive testimony and evidence regarding a Notice of Agency Action (“NOAA”) filed by the Utah Division of Oil, Gas and Mining (the “Division”), to enter an order: 1. Forfeiting the irrevocable standby letter of credit no. SBPUT300410, in the amount of $15,000.00, provided to the Division by Zions Bank, N.A. to guaranty the plugging and restoration of a the McDonald 1 well (API # 43-015-30762), located in Section 1 of Township 18 South, Range 8 East (“the Subject Well”), operated by Titan Energy Corp. (“Titan”); 2. Authorizing the Division to make a call on the letter of credit and use the funds to complete the plugging and restoration of the Subject Well as permitted by Utah Admin. Code R. 649-3-1.16; 3. Authorizing the Division to take any and all additional actions, including filing a civil court action against Titan as necessary to recover the costs of plugging and reclamation of the well to the extent the amounts forfeited are insufficient to complete the work; and 4. Grant further relief that the Board deems just and proper. Objections to the NOAA must be filed with the Secretary of the Board at the address listed below no later than the March 11, 2019. A party must file a timely written objection or other response in order to participate as a party at the Board hearing. Failure to participate can result in a default judgment. Natural persons may appear and represent themselves before the Board. All other representation of parties before the Board will be by attorneys licensed to practice law in the State of Utah, or attorneys licensed to practice law in another jurisdiction which meet the rules of the Utah State Bar for practicing law before the Utah Courts. Persons interested in this matter may participate pursuant to the procedural rules of the Board. The NOAA, and any subsequent pleadings, may be inspected at the office of the undersigned, and inspected online at the Utah Board of Oil, Gas and Mining’s website at https://ogm.utah.gov/amr/boardtemp/redesign/books.html. Pursuant to the Americans with Disabilities Act, persons requiring auxiliary communicative aids and services to enable them to participate in this hearing should call Julie Ann Carter at (801) 538-5277, at least three working days prior to the hearing date.

DATED this 26th day of February, 2019.

STATE OF UTAH
BOARD OF OIL, GAS AND MINING
Ruland J. Gill, Jr., Chairman
/s/ Julie Ann Carter
Board Secretary
1594 West North Temple, Suite 1210
Salt Lake City, Utah 84116
(801) 538-5277

Published in ETV News March 6, 2019.

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