DAILY & WOODS A PROFESSIONAL LIMITED LIABILITY COMPANY ATTORNEYS AT LAW

Transcription

1 JERRY L. CANFIELD, P.A. THOMAS A. DAILY, P.A. WYMAN R. WADE, JR., P.A. DOUGLAS M. CARSON, P.A. ROBERT R. BRIGGS, P.A. * C. MICHAEL DAILY, P.A. COBY W. LOGAN L. MATTHEW DAVIS, P.A. COLBY T. ROE * Fayetteville Office Also Licensed in Oklahoma DAILY & WOODS A PROFESSIONAL LIMITED LIABILITY COMPANY ATTORNEYS AT LAW KMW BUILDING 58 SOUTH SIXTH STREET P.O. BOX 1446 FORT SMITH, AR TELEPHONE (479) FAX (479) COMMERCE PARK II BUILDING 2049 EAST JOYCE BOULEVARD, STE. 401 FAYETTEVILLE, AR TELEPHONE (479) FAX (479) JAMES E. WEST PHILLIP E. NORVELL * DALE CARLTON * OF COUNSEL HARRY P. DAILY ( ) JOHN P. WOODS ( ) JOHN S. DAILY ( ) June 1, 2010 Arkansas Oil and Gas Commission 301 Natural Resources Drive, Suite 102 Little Rock, Arkansas Re: ORDER REFERENCE NO Application of SEECO, Inc. for Integration of All Unleased Mineral Interests and Non-consenting Working Interests in a unit described as Section 6, Township 8 North, Range 12 West, Faulkner County, Arkansas Commissioners: SEECO, Inc., 2350 N. Sam Houston Parkway E, Houston, TX 77032, hereby applies to the Arkansas Oil and Gas Commission for the integration of all unleased mineral interests and non-consenting working interests in its proposed drilling unit which is described above. 1. The proposed drilling unit is an established unit as defined in paragraph (f) of Arkansas Oil and Gas Commission General Rule B-43. Applicant proposes to drill a horizontal well from a non-exceptional surface location in the Southeast Quarter of Section 6, Township 8 North, Range 12 West, Faulkner County, down to a nonexceptional bottom hole location in the Southeast Quarter of Section 31, Township 9 North, Range 12 West, Van Buren County. The Applicant will apply for authority to drill and produce the shared well in a separate, administrative application. The proposed well will be drilled to a total vertical depth of 5,331 feet to test the Fayetteville Shale Formation. Applicant has obtained one or more oil and gas leases covering its proposed drill site. 2. Applicant owns oil and gas leases covering a substantial part of the proposed unit. Applicant should be named as operator of the well. The person or persons to be integrated are shown in Exhibit "A" attached hereto and made a part hereof. 3. Applicant has made diligent efforts to negotiate with the non-participating leasehold working interest owners, each of said parties owning an oil and gas leasehold

2 interest in the proposed unit, but applicant has been unable to secure an assignment of the leasehold interest on an equitable basis or to secure participation by said parties in the drilling of the proposed well. 4. Applicant states that it has made repeated efforts to negotiate with the owners of the unleased mineral interests in order to agree on a plan of development of said drilling unit; that those owners have been offered an opportunity to participate in the proposed well; that they have been offered a fair and reasonable bonus consideration for the execution of an oil and gas lease covering their interests; that they have been furnished with a proposed oil and gas lease and a copy of the AAPL operating agreement form which applicant proposes to use in connection with the drilling of said well; but that all of the efforts of the applicant have produced no agreement by said parties. 5. Applicant states that it is in the best interest of conservation and the protection of correlative rights of all interested parties that the proposed unit be developed for oil and gas production without undue delay. 6. In order that applicant may proceed with the orderly development of said unit, applicant hereby requests that the Arkansas Oil and Gas Commission issue its order, in the alternative, that: (a) (b) The owners of non-consenting oil and gas leasehold working interests indicated above shall participate in the cost of drilling, testing and completion of the test well to be drilled by applicant on the captioned unit, subject to the terms of an Operating Agreement which substantially employs the terms of the AAPL Operating agreement, with a COPAS attached. All of the non-consenting oil and gas leasehold working interests within the proposed unit shall be force pooled and integrated into said unit, and a reasonable risk factor shall be established and assessed as a penalty against said integrated interest. 7. Applicant further states that due to the risks and costs inherent in the drilling of the proposed well, the Commission should fix a reasonable risk factor to be assessed as a penalty against the integrated interests within the unit. The risk factor should be applied to the proportionate cost and expense of drilling, completing and equipping the well, which would have been borne by the interest of said parties had they participated. Applicant requests that if the integrated parties do not elect within 15 days after issuance of the Commission's order as between alternatives (a) and (b), it shall be assumed that the integrated parties elected alternative (b) in lieu of the right to participate in the working interest in said unit. 8. Applicant requests that the Arkansas Oil and Gas Commission set this matter for public hearing, and after same, issue its order, in the alternative, that:

3 (a) (b) (c) Each of the owners of the unleased mineral interests indicated above execute and deliver to applicant a one year oil and gas lease, on an AAPL lease form, for a bonus consideration of $ per net mineral acre to be paid as fair and reasonable compensation in lieu of the right to participate in the working interest in said unit, and that said oil and gas lease provide for a 3/16 royalty on oil and gas. Each of the owners of unleased mineral interests indicated above be force pooled and integrated into the captioned unit with assessment of a reasonable risk factor penalty against their interest. The owners of unleased mineral interests shall participate in the cost of drilling, testing and completion of the test well to be drilled by applicant on the captioned unit, subject to the terms of an operating agreement which substantially employs the terms of the AAPL Operating Agreement. Applicant further requests that said mineral owners be required to elect within fifteen (15) days after issuance of the Commission's order which method will be pursued in the development of the above described unit, and, in the event no election is made, that it shall be assumed that the owner of said unleased mineral interest has elected to accept a bonus of $ per net mineral acre as compensation in lieu of the right to participate in the working interest in said unit, and with the royalty to be 3/ Applicant further states that due to the risks and costs inherent in the drilling of the proposed well, the Commission should fix a reasonable risk factor to be assessed as a penalty against the integrated interests within the unit. The risk factor should be applied to the proportionate cost and expenses of drilling, completing and equipping the well, which would have been borne by the interest of said parties had they participated. 10. Applicant further requests that this Commission's order specifically provide that any party electing either to participate or be force pooled subject to recoupment of a risk factor penalty be bound by the terms of the attached AAPL Operating Agreement for the life of commercial production within the unit so that all future unit operations might be proposed pursuant to the provisions of such agreement without the necessity of future action by this Commission. 11. Applicant also requests that said order be made applicable to any unknown spouse, heir, devisee, personal representative, successor or assign of said parties. 12. The names and addresses of parties interested in this proceeding are set forth in Exhibit "A" attached hereto and made a part hereof.

4 13. Please note the appearance of Thomas A. Daily of Daily & Woods, P.L.L.C., P.O. Box 1446, Fort Smith, Arkansas, 72902, on behalf of applicant. Very truly yours, Thomas A. Daily jmt

5 Exhibit A Docket # RE: SEECO, Inc. Integration Application Section 6, T 8N R 12W Faulkner County, AR UNIT WORKING INTEREST OWNERS BP America Production Company Chesapeake Exploration LP Riverbend Exploration and Production LLC UNLEASED/NON OPTIONED MINERAL INTEREST OWNERS Reba Brown c/o Linda Baker E G Energy, LLC Robert Edwards Eckels, Jr. LLC, Jan C. Ice Isaacs Family Limited Liability Partnership OXY USA Inc Quail Creek Royalty, LLC XTO Energy, Inc. Linda S. Brown Baker, Dorinda S. Cowan and Chris Cowan, Jennifer A. Baker Roushia and Ron Roushia, c/o Linda Baker 1

6 Exhibit B Docket # DATE: May 28, 2010 NAME OF OWNER: BP America Production Company DESCRIPTION: SECTION 6: TOWNSHIP 8 NORTH, RANGE 12 WEST DESCRIPTION OF EFFORTS 05/22/2010 Paul Bacho of SEECO, Inc. sent via FedEx an AFE, JOA, and a well proposal letter for drilling and integration of the Winberry #3-06H31 to BP America Production Company. 1

7 Exhibit B Docket # DATE: May 28, 2010 NAME OF OWNER: Chesapeake Exploration LP DESCRIPTION: SECTION 6: TOWNSHIP 8 NORTH, RANGE 12 WEST DESCRIPTION OF EFFORTS 05/22/2010 Paul Bacho of SEECO, Inc. sent via FedEx an AFE, JOA, and a well proposal letter for drilling and integration of the Winberry #3-06H31 to Chesapeake Exploration LP. 2

8 Exhibit B Docket # DATE: May 28, 2010 NAME OF OWNER: Riverbend Exploration and Production LLC DESCRIPTION: SECTION 6: TOWNSHIP 8 NORTH, RANGE 12 WEST DESCRIPTION OF EFFORTS 05/22/2010 Paul Bacho of SEECO, Inc. sent via FedEx an AFE, JOA, and a well proposal letter for drilling and integration of the Winberry #3-06H31 to Riverbend Exploration and Production LLC. 3

9 Exhibit B Docket # DATE: May 28, 2010 NAME OF OWNER: Reba Brown c/o Linda Baker DESCRIPTION: SECTION 6: TOWNSHIP 8 NORTH, RANGE 12 WEST DESCRIPTION OF EFFORTS 03/03/2010 Jason P. Wyer located several telephone numbers calling now. 03/04/2010 Jason P. Wyer spoke with someone from possible telephone number wrong Ms. Brown. 03/05/2010 Jason P. Wyer sent offer letter. 03/06/2010 Jason P. Wyer called no answer. 03/09/2010 Jason P. Wyer called no answer. 03/12/2010 Jason P. Wyer called, no answer wrong Ms. Brown. 03/13/2010 Jason P. Wyer was unable to locate valid listing. 03/17/2010 Jason P. Wyer stopped by residence, no answer. 04/02/2010 Jason P. Wyer searched courthouse records no new lease or extension found. 04/19/2010 Jason P. Wyer prepared offer letter. 04/21/2010 Jason P. Wyer sent offer letter. 04/24/2010 Jason P. Wyer called Baker listings left messages. 05/04/2010 Jason P. Wyer prepared offer letter. 05/05/2010 Jason P. Wyer sent offer letter. 05/06/2010 Jason P. Wyer stopped by residence, no one home, left offer letter. 05/07/2010 Jason P. Wyer searched courthouse records, no changes. He also stopped by residence no one home. 05/08/2010 Jason P. Wyer stopped by residence, no one home. 05/15/2010 Jason P. Wyer stopped by residence, no answer. 05/19/2010 Jason P. Wyer stopped by residence, no one home. 05/21/2010 Jason P. Wyer searched courthouse records, no leases or extension of lease found. 05/22/2010 Jason P. Wyer stopped by residence, no answer. 4

10 Exhibit B Docket # DATE: May 28, 2010 NAME OF OWNER: E G Energy, LLC DESCRIPTION: SECTION 6: TOWNSHIP 8 NORTH, RANGE 12 WEST DESCRIPTION OF EFFORTS 01/12/2010 Jason P. Wyer searched courthouse records no conveyances or leases found for this section. 01/13/2010 Jason P. Wyer sent offer letter. 02/04/2010 Jason P. Wyer left message on cell phone, spoke with an individual who will be calling him back when she has file to discuss their intentions to participate or lease. 02/05/2010 Jason P. Wyer sent offer letter. 02/17/2010 Jason P. Wyer called to leave message, no answer or service. 02/24/2010 Jason P. Wyer spoke with Erin gave him her direct line, wants to lease under the order, if she has the option to lease, states she will know more once she has AFE and will call him then. 03/02/2010 Jason P. Wyer was informed that integration letter was sent and client would be handling this interest once again going forward but may still work with Erin if/when she calls, still unsure if they can only participate. 03/08/2010 Jason P. Wyer called Erin, left message. 03/12/2010 Jason P. Wyer spoke with Erin states they are unsure what they may do but are still leaning towards leasing, she will call him once decision is reached. 03/16/2010 Jason P. Wyer called left message for Erin to address this section. 03/23/2010 Jason P. Wyer prepared offer letter. 03/24/2010 Jason P. Wyer sent offer letter. 04/02/2010 Jason P. Wyer searched courthouse records no changes. 04/07/2010 Jason P. Wyer spoke with Mr. Williams would like to lease if possible but already has operating agreement for other wells already drilled in this section. 04/19/2010 Jason P. Wyer prepared offer letter. 04/21/2010 Jason P. Wyer sent offer letter. 04/24/2010 Jason P. Wyer called left message. 05/04/2010 Jason P. Wyer prepared offer letter. 05/05/2010 Jason P. Wyer sent offer letter. 05/07/2010 Jason P. Wyer searched courthouse records, no changes. 5

11 Exhibit B Docket # 05/11/2010 Jason P. Wyer spoke with Mr. Williams wants to clarify his participation status with client, will be getting back with him with determination for lease. 05/21/2010 Jason P. Wyer searched courthouse records, no current leases, or conveyances found. 05/22/2010 Paul Bacho of SEECO, Inc. sent via FedEx an AFE, JOA, and a well proposal letter for drilling and integration of the Winberry #3-06H31 to E G Energy, LLC. 05/24/2010 Jason P. Wyer spoke with Mr. Williams regarding this section, states all decisions will be done by the elections to integrate, i.e participate and will let him know if anything changes or they can lease. 6

12 Exhibit B Docket # DATE: May 28, 2010 NAME OF OWNER: Robert Edwards Eckels, Jr. LLC DESCRIPTION: SECTION 6: TOWNSHIP 8 NORTH, RANGE 12 WEST DESCRIPTION OF EFFORTS 03/16/2010 Jason P. Wyer sent offer letter. This tract shows to under lease, will check description on lease to verify this. 03/23/2010 Jason P. Wyer sent request to another landman who has worked this interest for contact information. 03/26/2010 Jason P. Wyer was given a telephone number for Mr. Eckels states his wife's now takes care of this, gave her telephone number called not sure what they may do wants to do a little more research and get back with him. 04/01/2010 Jason P. Wyer spoke with Ms. Eckels states they will participate. 04/02/2010 Jason P. Wyer searched courthouse records no changes. 04/19/2010 Jason P. Wyer prepared offer letter. 04/21/2010 Jason P. Wyer sent offer letter. 04/24/2010 Jason P. Wyer called Ms. Eckels, still participating. 05/04/2010 Jason P. Wyer prepared offer letter. 05/05/2010 Jason P. Wyer sent offer letter. 05/06/2010 Jason P. Wyer called, no change, is participating. 05/07/2010 Jason P. Wyer searched courthouse records, no changes. 05/11/2010 Jason P. Wyer called left message, informing Ms. Eckels of integration date. 05/21/2010 Jason P. Wyer searched courthouse records, no leases or conveyances found. 05/22/2010 Jason P. Wyer spoke with Ms. Eckels, received his previous message, still has agreed to participate. 05/22/2010 Paul Bacho of SEECO, Inc. sent via FedEx an AFE, JOA, and a well proposal letter for drilling and integration of the Winberry #3-06H31 to Jr. Eckels LLC, Robert Edwards. 7

13 Exhibit B Docket # DATE: May 28, 2010 NAME OF OWNER: Jan C. Ice DESCRIPTION: SECTION 6: TOWNSHIP 8 NORTH, RANGE 12 WEST DESCRIPTION OF EFFORTS 03/16/2010 Jason P. Wyer sent offer letter. This tract shows to under lease, will check description on lease to verify this. 03/23/2010 Jason P. Wyer sent request to another landman who has worked this interest for contact information. 03/26/2010 Jason P. Wyer called left message for Mr. and Mrs. Ice. 04/01/2010 Jason P. Wyer was informed that Ms. Ice may be in the middle of selling her interest, she is currently very busy. 04/02/2010 Jason P. Wyer searched courthouse records no changes. 04/19/2010 Jason P. Wyer prepared offer letter. 04/21/2010 Jason P. Wyer sent offer letter. 04/24/2010 Jason P. Wyer called left another message for Ms. Ice. 05/04/2010 Jason P. Wyer prepared offer letter. 05/05/2010 Jason P. Wyer sent offer letter. 05/06/2010 Jason P. Wyer called, left message. 05/07/2010 Jason P. Wyer searched courthouse records, no changes. 05/11/2010 Jason P. Wyer called spoke with Ms. Ice, will be participating, will be expecting option letter. 05/22/2010 Jason P. Wyer states that Ms. Ice is in agreement to participate. 05/22/2010 Paul Bacho of SEECO, Inc. sent via FedEx an AFE, JOA, and a well proposal letter for drilling and integration of the Winberry #3-06H31 to Jan C. Ice. 8

14 Exhibit B Docket # DATE: May 28, 2010 NAME OF OWNER: Isaacs Family Limited Liability Partnership DESCRIPTION: SECTION 6: TOWNSHIP 8 NORTH, RANGE 12 WEST DESCRIPTION OF EFFORTS 05/22/2010 Paul Bacho of SEECO, Inc. sent via FedEx an AFE, JOA, and a well proposal letter for drilling and integration of the Winberry #3-06H31 to Isaacs Family Limited Liability Partnership. 9

15 Exhibit B Docket # DATE: May 28, 2010 NAME OF OWNER: OXY USA Inc DESCRIPTION: SECTION 6: TOWNSHIP 8 NORTH, RANGE 12 WEST DESCRIPTION OF EFFORTS 05/24/2010 Paul Bacho of SEECO, Inc. sent via FedEx an AFE, JOA, and a well proposal letter for drilling and integration of the Winberry #3-06H31 to OXY USA Inc. 10

16 Exhibit B Docket # DATE: May 28, 2010 NAME OF OWNER: Quail Creek Royalty, LLC DESCRIPTION: SECTION 6: TOWNSHIP 8 NORTH, RANGE 12 WEST DESCRIPTION OF EFFORTS 05/22/2010 Paul Bacho of SEECO, Inc. sent via FedEx an AFE, JOA, and a well proposal letter for drilling and integration of the Winberry #3-06H31 to Quail Creek Royalty, LLC. 11

17 Exhibit B Docket # DATE: May 28, 2010 NAME OF OWNER: XTO Energy, Inc. DESCRIPTION: SECTION 6: TOWNSHIP 8 NORTH, RANGE 12 WEST DESCRIPTION OF EFFORTS 05/22/2010 Paul Bacho of SEECO, Inc. sent via FedEx an AFE, JOA, and a well proposal letter for drilling and integration of the Winberry #3-06H31 to XTO Energy, Inc. 12

18 Exhibit B Docket # DATE: May 28, 2010 NAME OF OWNER: Linda S. Brown Baker, Dorinda S. Cowan and Chris Cowan, Jennifer A. Baker Roushia and Ron Roushia, c/o Linda Baker DESCRIPTION: SECTION 6: TOWNSHIP 8 NORTH, RANGE 12 WEST DESCRIPTION OF EFFORTS 03/02/2010 Jason P. Wyer located a couple of telephone number called left message at one and no answer at the other. 03/03/2010 Jason P. Wyer located several telephone listings for Ms. Baker, calling now. 03/04/2010 Jason P. Wyer spoke with a Ms. Brown but was not the correct one. 03/05/2010 Jason P. Wyer sent offer letter. 03/06/2010 Jason P. Wyer called no answer. 03/09/2010 Jason P. Wyer called no answer. 03/12/2010 Jason P. Wyer called no answer. 03/13/2010 Jason P. Wyer was unable to locate valid listing for Ms. Cowan. 03/17/2010 Jason P. Wyer stopped by residence, no answer. 04/02/2010 Jason P. Wyer searched courthouse records no new lease or extension found. 04/19/2010 Jason P. Wyer prepared offer letter. 04/21/2010 Jason P. Wyer sent offer letter. 04/24/2010 Jason P. Wyer called baker listings left messages. 05/04/2010 Jason P. Wyer prepared offer letter. 05/05/2010 Jason P. Wyer sent offer letter. 05/06/2010 Jason P. Wyer stopped by residence, no one home, left offer letter. 05/07/2010 Jason P. Wyer searched courthouse records, no changes. 05/07/2010 Jason P. Wyer stopped by residence no one home. 05/08/2010 Jason P. Wyer stopped by residence no one home. 05/15/2010 Jason P. Wyer stopped by residence no answer. 05/19/2010 Jason P. Wyer stopped by residence, no one home. 05/21/2010 Jason P. Wyer searched courthouse records, no leases or extension of lease found. 13

19 Exhibit B Docket # 05/22/2010 Jason P. Wyer stopped by residence, no answer. 14

20 EXHIBIT C Applicant s statement regarding Operating Agreement The applicant requests incorporation of the Model Form Joint Operating Agreement approved by the Arkansas Oil and Gas Commission on October 28, 2008, with Paragraph III.1.A.(1) of the COPAS providing for a drilling well rate of $7, and a producing well rate of $750.00, and with the following proposed revisions, deletions and/or insertions, if applicable: NONE

21 EXHIBIT C Applicant s statement regarding Operating Agreement The applicant requests incorporation of the Model Form Joint Operating Agreement approved by the Arkansas Oil and Gas Commission on October 28, 2008, with Paragraph III.1.A.(1) of the COPAS providing for a drilling well rate of $7, and a producing well rate of $750.00, and with the following proposed revisions, deletions and/or insertions, if applicable: NONE

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