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Re: tdbowieknife post# 74968

Monday, 02/24/2014 11:34:24 PM

Monday, February 24, 2014 11:34:24 PM

Post# of 116863
Bruce Gwyn and Lee C. Schlesinger banned from doing business in the oil and gas industries in Texas...


9. As a person in a position of ownership or control of respondent at the time respondent violated Commission rules related to safety and the control of pollution, Bruce A. Gwyn, and any other organization in which he may hold a position of ownership or control, shall be subject to the restrictions of Texas Natural Resource Code Section 91.114(a)(2) for a period of no more than seven years from the date the order entered in this matter becomes final, or until the conditions that constituted the violations herein are corrected or are being corrected in accordance with a schedule to which the Commission and the organization have agreed; and all administrative, civil, and criminal penalties and all cleanup and plugging costs incurred by the State relating to those conditions are paid or are being paid in accordance with a schedule to which the Commission and the organization have agreed,
whichever is earlier.

10. As a person in a position of ownership or control of respondent at the time respondent violated Commission rules related to safety and the control of pollution, Lee C. Schlesinger, II, and any other organization in which he may hold a position of ownership or control, shall be subject to the restrictions of Texas Natural Resource Code Section 91.114(a)(2) for a period of no more than seven years from the date the order entered in this matter becomes final, or until the conditions that constituted the violations herein are corrected or are being
corrected in accordance with a schedule to which the Commission and the organization have agreed; and all administrative, civil, and criminal penalties and all cleanup and plugging costs incurred by the State relating to those conditions are paid or are being paid in accordance with a schedule to which the Commission and the organization have agreed, whichever is earlier.



http://www.rrc.state.tx.us/meetings/ogpfd/7B-82750-DEF.pdf


What is Texas Natural Resource Code Section 91.114(a)(2)?

Oil & Gas Division
General Information about Enforcement Orders and Natural Resources Code §91.114

Texas Natural Resources Code §91.114 contains provisions that apply to operators who have violated a statute or commission rule related to safety or the prevention/control of pollution. For purposes of this statute, a “violation” means that a commission order or court ruling has been issued in a matter following notice and opportunity for hearing, and that order or ruling has become final and all appeals have been exhausted. An order in such a matter is commonly referred to as an “Enforcement Order”.

In simplified terms, the statute applies when an Enforcement Order has been issued and the operator has not complied with that order. In that event, the statute prohibits the commission from accepting Organization Report renewals (Form P-5), certain permit applications (including Drilling Permits among others) and requests for Certifications of Compliance and Transportation Authority (Form P-4) for any wells it may operate. The statute also applies to the individuals in control of the company: any other companies controlled by a tagged person are similarly barred from filing with the Commission. Because an “Active” organization report is required for a company to conduct operations subject to the commission’s jurisdiction, the restrictions imposed by §91.114 effectively bar that company (and those who control it) from continuing those activities beyond the current P-5 year.



http://www.rrc.state.tx.us/compliance/enforcement/general.php


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