AOGCC gives Donkel a rehearing on his petition

Kristen Nelson, Petroleum News editor-in-chief

The Alaska Oil and Gas Conservation Commission has given Daniel K. Donkel a rehearing on his petition for compulsory unitization of North Slope Alaska state oil and gas lease ADL 380066 with one or more other tracts. The commission dismissed the petition “without prejudice” on April 23 and cancelled a scheduled hearing, saying it had not been provided proof by Donkel that he had notified owners of interests in affected tracts of the petition. The commission said that if it ordered compulsory unitization, that would affect property rights of owners of interests of tracts included in the unit. In a May 4 e-mail to the commission, Donkel said that if the commission would hold a hearing on his unitization request, “I will 'Notice' in protest, all of the interested parties.” Donkel said, however, that the commission “never provided the names and addresses to me.” He also asked the commission to prepare the papers for the notice.

Donkel asked the commission: “Prior to publishing a Notice of Hearing, please provide me with the names and addresses of all interested parties so that I may provide them with my Petition and a copy of your published Notice of Hearing.”

Commission doesn't have information

The commission said “it is properly the petitioner's burden to effect notice of his petition on affected owners.”

It said the requirement is that the petitioner notify by certified mail owners whose identify and mailing address are either known to the petitioner or can be ascertained by reasonable efforts.

“Reasonable efforts for this purpose include properly searching the property records of the pertinent Recorder's Office and the oil and gas lease transaction records of the Department of Natural Resources,” the commission said.

The commission said that if Donkel informs it in writing by June 2, that he “intends to comply with the Commission's property owner notification requirements as clarified in this order,” it will schedule a hearing on the petition after it receives an affidavit “demonstrating that the notification requirements have been met.”

The commission said that if it does not hear from Donkel or if he declines to comply with its notification requirements, it will issue a final order on rehearing affirming the dismissal of the petition.