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P-5 FILINGS AND FINANCIAL SECURITY

P-5 FILINGS AND FINANCIAL SECURITY. RAILROAD COMMISSION OF TEXAS. PRESENTERS: MARIA CASTRO / JENNIFER GILMORE. TOPICS. P-5 Organization Report Revised September 2011 Financial Assurance Requirements P-5 Filing Fees and Surcharge Surcharge effective May 2012.

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P-5 FILINGS AND FINANCIAL SECURITY

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  1. P-5 FILINGS AND FINANCIAL SECURITY RAILROAD COMMISSION OF TEXAS PRESENTERS: MARIA CASTRO / JENNIFER GILMORE

  2. TOPICS P-5 Organization Report Revised September 2011 Financial Assurance Requirements P-5 Filing Fees and Surcharge Surcharge effective May 2012

  3. P5 ORGANIZATION REPORT Requirements: Oil & Gas & Pipeline Operators: Natural Resources Code, Sec. 91.142 Oil & Gas Statewide Rules 1 & 78 Master Meter & Distribution Systems (Safety Division): Utilities Code, Sec. 121.201 Pipeline Safety Rule 51/Oil & Gas Rules 1 & 78

  4. SUPPLEMENTAL FORMS P-5O: Officer Listing P-5A: Non-Employee Agent Listing P-5PB(1): Individual Performance Bond P-5PB(2): Blanket Performance Bond P-5LC: Letter of Credit

  5. P-5 Form

  6. Form P-5 (Organization Report)

  7. P-5O Form

  8. Form P-5O (Officer Listing)

  9. P-5A Form

  10. Form P-5A (Non-Employee Agent Listing) Actual Person name not company

  11. Original signature by P-5 officer required

  12. Key Points • Entities requiring SOS registration must be chartered prior to submitting P-5 application. • Organization name must match SOS filings, down to and including punctuation. • IF organization name is longer than 32 characters, abbreviation will be required to accommodate RRC spacing limitations. This will not effect the organization’s chartered name. • Email address is not required, but if provided available to the public. • Officer titles must match plan of organization. EX: 1) Corporation – President, Secretary, Treasurer 2) Limited Partnership – General Partner 3) Limited Liability Company – Manager/Member etc.. • If an officer is a company, must provide officers for listed company. • Only acceptable form of ID for a sole proprietor is a SSN. • All forms of ID are redacted and not available to the public. • P-5 officer signature is required to assign non-employee agent on form P-5A. 13

  13. Financial Requirements • Financial Security required for most organizations. • Option 1 - Individual Performance Bond, Letter of Credit or Cash Deposit • Option 2 - Blanket Performance Bond, Letter of Credit or Cash Deposit

  14. Oil & Gas Non-Well Operators • Exempt if your only operations are: • Master Meter / Gas Distribution Center • Purchaser • Directional Surveyor • Salt Water Hauler • Approved Well Plugger • Approved Cementer for Well Plugging • (Well plugging requires Approval by Fld Ops) • Service company for well stimulation activities • $25,000 if you have any other activities

  15. Option 1 • Individual Performance Bond, Letter of Credit or Cash Deposit • Only available to well operators who have no activity other than wells • Amount determined by multiplying the aggregate depth of all wells (active, inactive, injection, producer, etc.) at $2.00 per foot.

  16. Option 2 • Blanket Performance Bond, Letter of Credit or Cash Deposit • Available to all operators • Amount determined by the total number of wells (active, inactive, injection, producer, etc.) • 1 to 10 wells $25,000 • 11 to 99 wells $50,000 • 100 wells or more $250,000 • For operators without wells who are required to file FA, $25,000.

  17. Bay and Offshore Wells • Statewide Rule §3.78 amended 9-1-2004 to require additional financial security for operators of Bay and Offshore wells • Calculated by Base amount + Entry Level amount + Non-Producing Amount • Presumed Plugging Cost for Bay Well $60,000.00 / Offshore Well $100,000.00

  18. Bay & Offshore Wells • Example: Operator A has 15 wells, of which 8 are bay wells. 4 of these wells are non-producing. • Base: $50,000 • Entry Level: $60,000 • Non-Producing amount: $180,000 • Total: $290,000

  19. Drilling Permits Effective 12-19-05 Statewide Rule 78 amended requiring financial security as a condition of the issuance of permit to drill, recomplete or reenter a well. Required amount: Option 1 or Option 2 Permits cannot be issued to “unbonded” operators.

  20. P-5LC (Letter of Credit)

  21. P-5LC (back page LOC) Effective date MUST be current date.

  22. P-5PB1 and P5PB2 (Individual and Blanket Performance Bonds)

  23. (Back page of P-5PB1 and P-5PB2) Date MUST be affixed by principal.

  24. Filing Fee and Surcharges • Filing fee required for annual P-5 renewals and new P-5 filings • Statewide Rule 78 amended to impose a surcharge of 150% to filing fees • Notification to industry sent out February 2012 • Effective May 1, 2012

  25. P-5 Filing Fee Amount based on the following four components: Number of wells operated 1 – 25 wells $750 26 – 100 wells $1,250 101 wells or more $2,500 Natural Gas Pipelines (one or more): $562.50 Pipelines other than Natural Gas (one or more): $1,562.50 Facilities and/or Service Activities: $500 to $750 (One single fee regardless of quantity or variety) Operator with no activity or a new filer is $750.

  26. Facilities & Service Activities Oil & Gas Regulated activities other than pipelines or wells. $750 if the activities include only: • Pollution Cleanup Contractor, (CLENUP) • Directional Surveyor, (DIRSUR) • Approved Cementer for plugging wells, and/or (PLUGGR) • Moving/Storing Crude or Condensate. (TRANSP) • Approved Cementer for Well Plugging (CEMNTR) $1,250 if the operator has any other Commission-regulated facilities or service activities, including (but not limited to): • Commercial Facility, (COMFAC) • Gas Plant, (GASPLT) • Reclamation Plant, (RECLPL) • Refinery, (REFINE) • Saltwater Disposal P18 authority, and/or (SWDP18) • Waste Hauler authority. (WHAUL) • Service Comp. for Well Stimulation/Hydr. Fracturing Activities (WLSTIM)

  27. Filing fee and Surcharges • Statewide Rule 78 amended to impose a surcharge of 150% to filing fees • Effective May 1, 2012 • Notification to industry sent out February 2012

  28. Auto P-4 Changes Name change P-5 Large acquisitions of property Same Operator change • 25 or more leases • Operator change Auto - Request letter requires signature of previous P-5 officer and acquiring P-5 officer • Same operator change Auto – Letter can be signed by company authorized individual Questions contact: Linda Turk (512) 463-6777 29

  29. RRC Online System • File a SAD (Security Administration Designation) Form • Two types of accounts: • Security Administrator Accounts • Filer Accounts

  30. SAD Form (Security Administrator Designation For Electronic Filing)

  31. SAD Form (Security Administrator Designation For Electronic Filing) Complete address

  32. Legible and correct 6 characters

  33. Helpful Links Railroad Commission Website: http://www.rrc.texas.gov Expanded Website Access (EWA) – P5 Query: http://webapps2.rrc.state.tx.us/EWA/organizationQueryAction.do (data updated nightly) P-5 Renewal Status Query: http://webapps2.rrc.state.tx.us/EWA/inactiveWellStatusQueryAction.do (data updated nightly) HB2259/HB3134 Information (Inactive Well requirements): http://www.rrc.texas.gov/oil-gas/compliance-enforcement/hb2259hb3134-inactive-well-requirements/ RCOnline-Security@rrc.state.tx.us Lost UserID and Password Help https://webapps.rrc.state.tx.us/security/loginHelpAction.do?method=Initialize

  34. Contact Information For any questions the P-5 Unit can be contacted by phone or email. P-5 Main Line (512) 463-6772 P5@rrc.state.tx.us

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