CHAPTER 1 PROVIDING INCENTIVES AND REMOVING OBSTACLES: AN OVERVIEW OF THE ENERGY POLICY ACT OF 2005

• Jurisdiction: United States

The Energy Policy Act of 2005
(Oct 2005)
CHAPTER 1
PROVIDING INCENTIVES AND REMOVING OBSTACLES: AN OVERVIEW OF THE ENERGY POLICY ACT OF 2005
Kenneth A. Wonstolen
Colorado Oil & Gas Association
Denver, Colorado
KENNETH A. WONSTOLEN

Ken Wonstolen has been involved in energy development and public policy since graduating from the University of Colorado Law School in 1977. From 1978-83, Ken worked to advance geothermal energy and small-scale hydropower at the National Conference of State Legislatures. Since 1983, Ken has served the oil and gas industry as practicing attorney and trade association executive, first with IPAMS and now with the Colorado Oil & Gas Association (COGA). Ken spent seven years as corporate counsel and environmental officer with Patina Oil & Gas Corp. and its predecessor.

In 1995, he earned a Masters Degree in Environmental Policy & Management from the University of Denver.

Ken has testified on numerous occasions before Congress on such issues as Canadian gas imports, natural gas deregulation, royalty valuation and federal lands leasing. He has been instrumental in developing oil and gas law in Colorado, drafting statutes and regulations, appearing before the legislature, the courts and state agencies.

He is a frequent speaker at Bar Association functions and for the Foundation.

STATE OF COLORADO

Bill Owens, Governor
Douglas H. Benevento, Executive Director
WATER QUALITY CONTROL COMMISSION
http://www.cdphe.state.co.us
4300 Cherry Creek Dr. South
Denver, Colorado 80246-1530
Phone (303) 692-3469	Colorado
Fax (303) 691-7702	Department
of Public Health
and Environment

NOTICE OF PUBLIC RULEMAKING HEARING BEFORE THE COLORADO WATER QUALITY CONTROL COMMISSION

SUBJECT:

For consideration of potential revisions to the Colorado Discharge Permit System Regulations, Regulation #61 (5 CCR 1002-61 ). The purpose of this rulemaking is to consider whether, in view of the provisions of the federal Energy Policy Act of 2005 (the Energy Bill), any revisions should be adopted to current Colorado requirements regarding stormwater discharge permits for oil and gas construction activities. The revisions to Regulation #61 proposed by the Water Quality Control Division (the Division) as staff to the Commission, along with a proposed Statement of Basis, Specific Statutory Authority, and Purpose, are attached to this Notice as Exhibit 1. The revisions proposed by the Colorado Oil and Gas Association (COGA), along with a proposed Statement of Basis, Specific Statutory Authority, and Purpose, are attached to this Notice as Exhibit 2. Any alternative proposals related to the revisions proposed in Exhibits 1 and 2, and developed in response to those proposed revisions, will also be considered.

HEARING SCHEDULE:

DATE:	Monday, January 9, 2006
TIME:	10:00 a.m.
PLACE:	Florence Sabin Conference Room
Department of Public Health and Environment
4300 Cherry Creek Drive South
Denver, Colorado

PUBLIC PARTICIPATION ENCOURAGED:

The Commission encourages all interested persons to provide their opinions or recommendations regarding the matters to be addressed in this rulemaking hearing, either orally at the hearing or in writing prior to or at the hearing. Although oral testimony from those with party status (see below) and other interested persons will be received at the hearing, the time available for such oral testimony may be limited. Written submissions prior to the hearing are encouraged, so that they can be distributed to the Commission for review prior to the hearing. Oral testimony at the hearing should primarily summarize written material previously submitted. The hearing will emphasize Commission questioning of parties and other interested persons about their written prehearing submittals. Introduction of written material at the hearing by those with party status or mailing list status (see below) generally will not be permitted.

PARTY STATUS/MAILING LIST STATUS:

Participation as a "party" to this hearing or acquisition of "mailing list status," will require compliance with section 21.4(D) of the Procedural Rules, Regulation #21 (5 CCR 1002-21 ). Mailing list status will allow receipt of all party documents (except individual exhibits more than five pages in length). It is not necessary to acquire party status or mailing list status in order to testify or comment. For each request for party status or mailing list status, please provide the organization's name, a contact person, mailing address, phone number, fax number and email address if available. Written party status or mailing list status requests are due in the Commission Office on or before:

DATE:	Tuesday, November 1, 2005
TIME:	5:00 p.m.

Party status or mailing list status requests may be submitted by a fax to 303-691-7702 by this deadline, or by email to diana.glaser@state.co.us, provided that the original and three copies are mailed by this same date.

PREHEARING STATEMENTS:

PLEASE NOTE that for this hearing two separate deadlines for prehearing statements are established: (1) An original and 13 copies of an initial prehearing statement from the Division and from COGA as proponents of revisions proposed in Exhibits 1 and 2 attached to this notice, including written testimony and exhibits providing the basis for the proposals, must be received in the Commission Office no later than November 8, 2005; and (2) An original and 13 copies of a prehearing statement, including any exhibits, written testimony, and alternative proposals of anyone seeking party status and intending to respond to the Division and/or COGA proposals must be received in the Commission Office no later than December 6, 2005. Those requesting mailing list status shall provide written testimony, if any testimony is to be offered for the hearing, by this same date.

For each deadline, the required number of hard copies of documents must be received in the Commission office by the specified deadline. These requirements are not satisfied by electronic transmission of a facsimile copy or copies. However, parties are also strongly encouraged to email a copy of their written documents to the Commission Office, so that materials received can be posted on the Commission's web site. (Please email to diana.glaser@state.co.us.) In addition, copies of these documents must be mailed or hand-delivered by the specified dates to all persons requesting party status or mailing list status, and to the Attorney General's Office representatives for the Commission and Division, in accordance with a list provided by the Commission Office following the party status/mailing list status deadline.

Also note that the Commission has recently revised a document entitled Information for Parties to Water Quality Control Commission Rulemaking Hearings. A copy of this document will be mailed to all persons requesting party status or mailing list status. It is also posted on the Commission's web site noted above, under "General Information -- Public Participation in Commission Proceedings". Following the suggestions set forth in this document will enhance the effectiveness of parties' input for this proceeding. Please note the new request that all parties submit their hard copies of all hearing documents on three-hole punch paper.

PREHEARING CONFERENCE:

DATE:	Wednesday, December 14, 2005
TIME:	9:30 a.m.
PLACE:	Board Room
Department of Public Health and Environment
4300 Cherry Creek Drive South
Denver, Colorado

Attendance at the prehearing conference is mandatory for all persons requesting party status.

REBUTTAL STATEMENTS:

Written rebuttal statements responding to the prehearing statements due on December 6, 2005 may be submitted by the Division, COGA or anyone seeking party status or mailing list status. Any such rebuttal statements must be received in the Commission Office by December 28, 2005. An original and 13 copies of written rebuttal statements must be received in the Commission Office by this deadline. Please also email a copy to diana.glaser@state.co.us. This requirement is not satisfied by electronic transmission of a facsimile copy or copies. In addition, copies of these documents must be mailed or hand-delivered by that date to all those requesting party status or mailing list status, and to the Attorney General's Office representatives for the Commission and Division. No other documentation, exhibits, or other materials will be accepted following this deadline except for good cause shown.

SPECIFIC STATUTORY AUTHORITY:

The provisions of sections 25-8-202(1)(d), (2) and (8); 25-8-302; 25-8-401; and 25-8-501 C.R.S. provide the specific statutory authority for consideration of the regulatory amendments proposed by this notice. Should the Commission adopt the regulatory language as proposed in this notice or alternative amendments, it will also adopt, in compliance with section 24-4-103(4) C.R.S., an appropriate Statement of Basis, Specific Statutory Authority, and Purpose.

NOTIFICATION OF POTENTIAL MATERIAL INJURY TO WATER RIGHTS:

In accordance with section 25-8-104(2)(d), C.R.S. any person who believes that the actions proposed in this notice have the potential to cause material injury to his or her water rights is requested to so indicate in the party status request submitted. In order for this potential to be considered fully by the Commission and the other agencies listed in the statute, persons must fully explain the basis for their claim in their prehearing statement which is due in the Commission Office on the date specified above. This explanation should identify and describe the water right(s), and explain how and to what degree the material injury will be incurred.

Dated this 13th day of September 2005 at Denver, Colorado.

WATER QUALITY CONTROL COMMISSION

%y

Paul D. Frohardt, Administrator

EXHIBIT 1

WATER

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