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DANA MURPHY COMMISSIONER OKLAHOMA CORPORATION COMMISSION Environmental Federation of Oklahoma 2015 Regulatory Newsreel June 26, 2015 www.occeweb.com Changing Dynamics of Oklahoma Oil & Gas Development

D ANA M URPHY C OMMISSIONER O KLAHOMA C ORPORATION C OMMISSION Environmental Federation of Oklahoma 2015 Regulatory Newsreel June 26, 2015

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  • D ANA M URPHY C OMMISSIONER O KLAHOMA C ORPORATION C OMMISSION Environmental Federation of Oklahoma 2015 Regulatory Newsreel June 26, 2015 www.occeweb.com Changing Dynamics of Oklahoma Oil & Gas Development
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  • OKLAHOMA CORPORATION COMMISSION The Agency was established by the Oklahoma Constitution at statehood (1907) 3 Commissioners, elected statewide, head the agency About 400 employees, 2 main offices, 4 field offices The Oklahoma Corporation Commission (OCC) has regulatory powers over: Transportation Oil and gas Petroleum storage tanks Public utilities 06/26/20152
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  • OKLAHOMA CORPORATION COMMISSION Jurisdiction 8 Electric utility companies 8 Gas utility companies 367 Telephone companies 10 Water companies 25 Cotton gins 3,000 Oil and gas well operators 231 Natural gas pipeline operators and 21 hazardous liquid pipeline operators operating over 40,000 miles of pipeline 24 Railroads with over 4,100 public at-grade crossings 7,473 For-hire and private motor carriers authorized to operate in intrastate commerce 12,150 Petroleum storage tanks currently in use 1,743 Owners of 2,925 active retail fueling stations 306/26/2015
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  • OIL AND GAS CONSERVATION DIVISION Tim Baker, Director POLLUTION ABATEMENT DEPARTMENT Tim Baker Underground Injection Control Hydrology Brownfields TECHNICAL DEPARTMENT Virginia Hullinger Engineering/ Geology Compliance/ Proration/ Production Document Handling FIELD OPERATIONS DEPARTMENT Tony Cupp District 1 District 2 District 3 District 4 4 06/26/2015
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  • Oil and Gas Division District Offices 506/26/2015
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  • OKLAHOMA OIL AND GAS INDUSTRY Active wells: 65,500 Natural gas 117,000 Oil 11,673 Injection/disposal 194,173 Total active wells ~350,000 plugged and abandoned wells ~500,000 wells drilled in Oklahoma history ~3,160 active operators of oil and gas wells (1/2015) ~41,000 miles of gathering/transmission pipelines ~257 pipeline operators 6 06/26/2015
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  • * Data for 1961-1966 is Estimated 8 06/26/2015
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  • Intents to Drill: 2008 2015 Comparison 9 06/26/2015
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  • Statewide OCC Well Completions All OCC/IHS Wells 01/01/11-02/28/15 Updated to include May 2013 12 06/26/2015
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  • Oklahoma Corporation Commission Horizontal Wells 01/01/11-02/28/15 13 06/26/2015
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  • Hydraulic Fracturing An accurate picture courtesy of Pinnacle 06/26/201517
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  • STATE DISCLOSURE SUMMARY ARCOKSLAMSMTNDOHOKPATXWY PRE-FRAC REPORT NO Permit YES POST FRAC REPORT YES DISCLOSURE ALL CHEMICALS YES YES* YES TRADE SECRET YES FRACFOCUS REPORTING NOYES NO HF RULES YES New Rules 2012 YES New Rules 2012 YES 2013 YES 2011 YES 2011 Rev 2012 YES New Rules 2012 YES 2012 YES New Rules 2015 YES 2012 YES Rev YES 2010 STRONGER REVIEW YES 2012 HF YES YES 2011 HF YES YES 1993 YES 2011 HF YES NO YES 1997 YES 2007 YES 2011 HF YES YES 2012 HF YES YES 2010 HF YES YES 2003 YES 1994 19
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  • 2015 Rule Changes Notice of hydraulic fracturing operations given at least 5 business days prior to the commencement of hydraulic fracturing operations on a well to operators of producing wells within 1/2 mile of the completion interval of the subject well and which are completed in the same common source of supply as the well. 165:10-3-10(b)(1) Notice of initial commencement of injection and disposal operations in the Arbuckle formation. 165:10-5-7(b) Concurrent development - clarifying each unit shall be independently operated and developed, and that the future participation or non- participation of owners in one of the units shall not impact the owners rights in the other unit being concurrently developed. 165:5-7-6(j) Well location exception Well location and exception to the 300/600 foot distance between wells can be in one application. 165:5-7-9. 06/26/201521
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  • House Bill 1909 Shale Reservoir Development Act HB 1909 provides two new tools for development of shale reservoirs: 1)Tool 1 - Allows drilling of horizontal wells in shale reservoirs across existing unit boundaries, with the costs, production and proceeds allocated to each of the affected units 2)Tool 2 - Creates a new type of unit for horizontal shale development (a hybrid which incorporates portions of existing legal authority for drilling and spacing units and enhanced recovery units) The new unit hybrid would be comprised of 2 governmental sections (i.e., 1,280 acres), but could be expanded up to 4 governmental sections under certain circumstances. Creation of the new hybrid unit requires approval by 63% of working interest owners and 63% of the royalty owners in the proposed unit. (Analogous to the required approval for existing enhanced recovery units.) 3)To utilize either of these new tools, the applicant is required to submit a proposed plan of development for approval by the OCC and provide notice to all affected owners. Modifies Section 87.1 of Title 52 to clarify the ability to utilize irregular shaped units (e.g., 640- acre unit that is 1/2 mile wide by 2 miles long). Modifies Section 287.1 of Title 52 to clarify that enhanced recovery units are not available for primary production (confirming a recent ruling by the OCC). HB 1909 passed the House on March 17, 2011, by an 87-0 vote and the Senate by a 45-0 vote on April 6, 2011. It was signed by the Governor on April 13, 2011. 2206/26/2015
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  • Multiunit Horizontal Well 4,500 feet4,000 feet 8,500 feet Total Completion Interval Section 6Section 7 Shale Reservoir 100,000 mcf produced from Example 6-1H 52,941 mcf from Example 6-1H(7) 100,000 mcf X 4,500/8,500 = 52,941 mcf 47,059 mcf from Example 6-1H(6) 100,000 mcf X 4,000/8,500 = 47,059 mcf The Act treats the lateral in each section as a separate well. Example 6-1H(6) WellExample 6-1H(7) Well 2306/26/2015
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  • CROSS UNIT APPLICATIONS (CUA) (Through June 12, 2015) SRDA (HB1909) April 13, 2011 First CUA filed May 31, 2011 Total CUA 671 Operators with filed CUA 32 Counties with CUA 24 Grady132Logan18Custer7 Kingfisher109Garfield16Grant4 Stephens87Carter14Noble4 Canadian58Hughes14Beaver3 Garvin 52Pittsburg14Dewey3 Blaine33Johnston13Marshall3 Payne30McClain11Bryan1 Love22Coal10Okfuskee1 Multi-county12 06/26/2015
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  • PUBLIC UTILITY DIVISION ENERGY RATE CAUSES FINAL AND PENDING As of June 22, 2015 Twenty-one (21) Energy Causes filed and/or being processed Notice of Intent filed by Oklahoma Natural Gas for a general rate review PUD Cause No. 201500213 Notice of Intent filed by Public Service Company of Oklahoma for general rate review and recovery of Environmental Compliance Costs PUD Cause No. 201500208 Worth noting, there are 355 Telecommunication Causes currently pending at the OCC While the number of Telecommunication causes exceeds the number of Energy causes, the processing time for one Energy cause greatly exceeds the processing time for a Telecommunication cause 2506/26/2015
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  • WIND NOTICE OF PROPOSED RULEMAKING Cause No. PUD 201500004 On May 19, 2014, Senate President Pro Tem Brian Bingman requested the OCC open a Notice of Inquiry Cause No. PUD 2014000232 on the following: SITINGan examination of whether there is a need to place the siting of new facilities under the oversight of the OCC or some other agency DECOMMISSIONING development of guidelines for proper decommissioning of wind energy facilities, along with the possible costs and enforcement mechanisms NOTIFICATIONwhether procedures required for notification to landowners UPDATE The Notice of Inquiry, initiated by the OCC was concluded and a Notice of Proposed Rulemaking (NOPR) was filed on January 29, 2015. The NOPR addressed development of wind energy facilities, decommissioning of wind energy facilities, and will establish procedures for informational submissions related to such wind energy facilities. The first technical conference was scheduled for March 31, 2015. The NOPR is in the process of being amended to reflect and/or address recent legislative changes concerning the development of wind energy. 2606/26/2015
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  • DISTRIBUTED GENERATION Senate Bill 1456 Amending Section 156 of Title 17 Governor Fallin signed into law, April 21, 2014, and issued Executive Order 2014-07: Corporation Commission to conduct transparent evaluation of distributed generation consistent with the Oklahoma First Energy Plan; to protect all Oklahoma customers and encourage all forms of Oklahoma energy use Evaluation mandates inclusion of all stakeholders, including representatives of the solar and distributed wind industries and utilities Prior to implementation of any fixed charge, allows Commission to consider use of all available alternatives, including other rate reforms such as increased use of time-of-use rates, minimum bills, and other demand charges The OCC held three public meetings and requested from stakeholders a list of suggestions for required data and/or information that should be included in all tariff applications filed at the OCC. The final technical conference was on June 16, 2015. The next step will be utilities may file applications that will include information from the list received for the tariff application. The utilities must have tariffs implemented by December 31, 2015, in accordance with Senate Bill 1456. 2706/26/2015
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  • OG&E - PUD CAUSE No. 201400229 ENVIRONMENTAL COMPLIANCE PLAN PENDING In response to EPA regulations: Regional Haze rule and the Mercury and Air Toxics Standards ("MATS"), OG&E filed a plan to meet new emission limits: Scrubbers $530 million Conversion $76 million Low NOX Burners $99.4 million ACI$24.3 million Total ECP $729.7 million Also filed for replacement of aging facilities at Mustang Mustang Replacement$390 million Hearing was completed in April June 8, 2015, Administrative Law Judge offered report on findings; June 18, 2015,Parties filed exceptions to the ALJ report June 25, 2015, Oral Arguments to be heard 28 06/26/2015
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  • State Implementation Plans: In the proposed Clean Power Plan EPA calculates a target emissions reduction rate for each state, but states have flexibility to determine how to achieve that target Reduction targets established based on level of carbon emissions from fossil- fired power plants divided by its total electricity generation. Electricity generation in this case includes fossil generation, nuclear, renewables, plus generation avoided through the use of energy efficiency programs. A target for 2030 is then established for each state based on its capacity to achieve reductions using the following four building blocks identified by EPA: 1. Make fossil fuel power plants more efficient 2. Use low-emitting natural gas combined cycle plants more where excess capacity is available 3. Use more zero and low-emitting power sources such as renewables and nuclear 4. Reduce electricity demand by using electricity more efficiently States can use above blocks to meet targets in the best manner or state. States could also join multi-state programs to reduce emissions collectively, for example through a cap-and-trade program. EPA 111d CLEAN POWER PLAN RULE EXISTING POWER PLANTS 2906/26/2015
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  • The Final Rule is expected August 2015. The final rule was delayed due to the EPA extension of the comment period from October 2014 to December 2014. Murray Energy and 12 states, including Oklahoma, have law suits pending against the EPA in Federal court as to the agencys statutory authority to regulate power plant greenhouse gas emissions. Litigation likely as, the Federal Court said it could not make a decision until a final rule is issued. On April 28, 2015 Oklahoma Governor Mary Fallin signed executive order 2015-22 which prohibits the Department of Environmental Quality from beginning efforts to develop a State Implementation Plan (SIP) related to carbon dioxide emissions from power generation sources under Section 111 (d) of the Clean Air Act in response to the Clean Power Plan. Development of a SIP may only proceed if such action is determined to be required by the Attorney General of Oklahoma or a court of competent jurisdiction. Additionally, such action may not begin absent express written authority of the Governor of Oklahoma. If the Clean Power Plan rules are finalized by the EPA, the governor orders the Office of the Attorney General of Oklahoma to immediately review such rules and publish on its website a white paper on the legal efficacy of such federal regulations. EPA 111d CLEAN POWER PLAN RULE EXISTING POWER PLANTS 06/26/2015 30
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  • EPA 111d - Clean Power Plan Rule Existing Power Plants State Reduction levels 3106/26/2015
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  • 32 SEISMICITY ISSUES YELLOW LIGHT PERMITS For proposed disposal wells that dont otherwise qualify for red light but are in area of concern, defined as: Within 3 miles of a seismically active fault Within 3 miles of a stressed fault, even in areas where there has been no seismicity Within 6 miles of a seismic swarm Must go through public court process and be approved by Commissioners Orders are interim Requires operator to have equipment necessary for seismicity monitoring, shut in every 60 days for bottom hole pressure tests, shut in if there is a rise in background seismicity or earthquake, abide by any changes in the language in the permit. Language can be changed at any time. Made possible through vastly improved data on faults, partly the result of a voluntary effort by the oil and gas industry to provide such data to the Oklahoma Geological Survey, which then generates improved fault maps used by the OCC in the permitting process. 06/26/2015
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  • 33 2013 FAULT MAP
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  • 06/26/201534 2015 FAULT MAP
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  • UIC Program In Oklahoma there are: 4,626 Disposal Wells 7,037 EOR Wells Of the 4,626 disposal wells there are 969 wells that are authorized for disposal into the Arbuckle formation. 3606/26/2015
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  • Evolution of Area Of Interest Area Of Interest (AOI) includes seismic swarms. 1. Swarm is defined as an area consisting of at least (2) two events with epicenters within.25 mi. of each other, with at least one event with a magnitude 3.0 or greater 2. AOI is a ten (10) km area (6 mi) with central mass of the swarm as center Directive sent to operators of Arbuckle disposal wells within an AOI 3806/26/2015
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  • 02/10/201543 SEISMICITY
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  • D ANA M URPHY C OMMISSIONER O KLAHOMA C ORPORATION C OMMISSION Environmental Federation of Oklahoma 2015 Regulatory Newsreel June 26, 2015 www.occeweb.com Changing Dynamics of Oklahoma Oil & Gas Development