CHAPTER 8 OIL & GAS CONSERVATION COMMISSION PROCEEDINGS

JurisdictionUnited States
Basic Oil & Gas Geology And Technology For Lawyers And Other Non-Technical Personnel
(2001)

CHAPTER 8
OIL & GAS CONSERVATION COMMISSION PROCEEDINGS

Jeff Welborn

The Rocky Mountain Mineral Law Foundation Special Institute on Basic Oil & Gas Geology & Technology

Houston, 09 March 2001

[Page 8-2]

Preparing the Case

• Audience

• Nature of Proceedings

• Authority

• Witness Qualifications

• Record

• Exhibits

• Tactics

[Page 8-3]

Audience

• Expert/Lay Commissioners

• Not Judges

• Volunteers?

• Size of Docket/Time Management

• Breakfast/Lunch Theories

[Page 8-4]

Nature Of Proceedings

• Both Quasi-Legislative and Quasi-Judicial

• Rules of Evidence

• Remedy Sought

• Narrowing Issues

• Pre-Hearing Procedures

[Page 8-5]

AUTHORITY

• This is an administrative agency — authority circumscribed by statute

• Tell commissioners what they can do / can't do

• Tell them why "Your authority to do so is..."

[Page 8-6]

WITNESS QUALIFICATION

• Statutory Requirements

• Link to Issues

• Opinion vs Factual Evidence / Testimony

• Battle of Experts

• Is He/She a Good Witness?

[Page 8-7]

RECORD

• This is the trial

• Quality of transcript — how will it look in print?

• Exhibits

— Data

— Summary (key)

• Question/Answer Format

• Evidentiary Issues

• Take time with order and findings

• It's also not a trial — may be back here again

[Page 8-8]

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