Nac: Chapter 534A - Geothermal Resources

Link to law: http://www.leg.state.nv.us/nac/NAC-534A.html
Published: 2015

[Rev. 1/2/2015 3:27:48 PM]

 

This chapter of NAC has changes

which have been adopted but have not been codified; you can see those changes

by viewing the following regulation(s) on the Nevada Register of Administrative

Regulations: R011-14

[NAC-534A Revised Date: 4-12]

CHAPTER 534A - GEOTHERMAL RESOURCES

GENERAL PROVISIONS

534A.010         Definitions.

534A.012         “Administrator” defined.

534A.015         “Annular space” and “annulus”

defined.

534A.020         “Aquifer” defined.

534A.030         “Artesian hole” defined.

534A.031         “Blowout” defined.

534A.033         “Casing” defined.

534A.035         “Commission” defined.

534A.037         “Division” defined.

534A.040         “Geothermal resource” defined.

534A.045         “Guide shoe” defined.

534A.050         “Hole” defined.

534A.060         “Hole driller” defined.

534A.061         “Injection well” defined.

534A.063         “Observational well” defined.

534A.064         “Operator” defined.

534A.065         “Person” defined.

534A.066         “Production well” defined.

534A.067         “Reservoir” defined.

534A.069         “Thermal gradient well” defined.

534A.070         “Underground water” defined.

534A.080         “Waste” defined.

534A.085         “Well log” defined.

REGULATIONS OF STATE ENGINEER

534A.090         License to drill: Application;

issuance.

534A.100         License to drill: Revocation.

534A.110         Drilling rig: License to operate.

534A.120         Notice of intention to drill.

534A.130         Hole logs: Information required.

534A.140         Hole logs: Subsurface information;

confidentiality.

534A.150         Sealing of holes.

534A.160         Waiver of provisions.

REGULATIONS OF COMMISSION ON MINERAL RESOURCES

General Provisions

534A.170         Types of wells.

534A.180         Applicability of provisions.

Permits, Fees and Other Requirements for Drilling

534A.190         Application for permit for

individual geothermal well.

534A.193         Application for permit for

geothermal wells in a project area.

534A.196         Application for permit for injection

well.

534A.200         Location of well: Limitations.

534A.205         Location of well: Survey required;

filing of certified plat of location.

534A.210         Fees for permits for individual

geothermal wells.

534A.212         Fees for permits for geothermal

wells in project areas.

534A.214         Annual fee for geothermal production

well or geothermal injection well.

534A.216         Payment of fee based on depth of

well.

534A.220         Expiration of permits.

534A.240         Assignment of permits.

534A.250         Bond: Filing requirements; amount;

form; duration.

534A.260         Requirements for casing.

534A.270         Prevention of blowout; testing of

casing and equipment for prevention of blowout.

534A.280         Measurements of temperature.

534A.300         Logging of wells.

534A.310         Taking of cuttings is condition for

approval; submission to Bureau of Mines and Geology.

534A.320         Limitation on opening of interval in

well.

534A.330         Identification of producing wells by

sign; assignment of code number.

534A.340         Records to be kept by owner or

operator of geothermal resource; inspection.

534A.350         Filing of logs and other records.

534A.360         Filing of directional survey after

completion of directionally drilled well.

Production

534A.390         Equipment for development and

production of geothermal resources; additional testing or remedial work.

534A.400         Measurement of rate of flow of water

and steam and of pressure and temperature of fluids.

534A.410         Monthly reports of production and

temperature; annual reports.

534A.420         Reinjection of fluids unless alternative

method of disposal approved; “by-product” defined.

534A.430         Casing of injection wells; filling

of annular space.

534A.450         Notification of beginning and

discontinuance of injection.

534A.460         Monthly report of injection.

Abandonment and Plugging

534A.470         Application for permission to

abandon and plug geothermal well.

534A.480         Abandonment of thermal gradient or

observational well.

534A.490         Abandonment of geothermal or

injection well.

534A.500         Casing strings to be cut off and

capped; removal of structures and other facilities.

534A.510         Removal of equipment without

approval of Administrator prohibited; permission may be given orally.

Miscellaneous Records, Reports and Other Requirements

534A.520         Maintenance of records to

substantiate reports; requirement of additional reports.

534A.530         Filing of organizational chart and

amendments.

534A.535         Notice of intention to engage in certain

activities.

534A.540         Permission to engage in certain

activities; report of progress or completion; authority of Division.

534A.550         Filing of report of completion and

well logs.

534A.560         Monthly reports.

534A.570         Report of injection of fluid.

Rules of Practice and Procedure

534A.590         Application for public hearing;

petition for rehearing.

534A.600         Docket; numbering of hearings.

534A.610         Notice of hearing; continuance;

notice of certain hearings by publication.

534A.620         Hearings informal; record; protests;

preliminary procedure.

534A.630         Order of proceedings.

534A.640         Examination of witnesses.

534A.650         Record of proceedings at formal

hearings; cost of transcribing and reporting.

534A.660         Presentation of briefs.

534A.670         Depositions.

534A.680         Declaratory order or advisory opinion.

534A.690         Petition for adoption, filing,

amendment or repeal of regulation.

 

GENERAL PROVISIONS

      NAC 534A.010  Definitions. (NRS 513.063, 534A.090)  As used

in this chapter, unless the context otherwise requires, the words and terms

defined in NAC 534A.012 to 534A.085,

inclusive, have the meanings ascribed to them in those sections.

     (Supplied in codification; A by Comm’n on Mineral

Resources, 11-12-85)

      NAC 534A.012  “Administrator” defined. (NRS 513.063, 534A.090)  “Administrator”

means the Administrator of the Division.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)—(Substituted

in revision for NAC 534A.039)

      NAC 534A.015  “Annular space” and “annulus” defined. (NRS 513.063, 534A.090)  “Annular

space” or “annulus” means the space between the walls of the well as drilled

and the casing or between a permanent casing and the borehole.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.020  “Aquifer” defined. (NRS 532.120, 534.020, 534.110)  “Aquifer”

means a geological formation or structure that transmits water.

     [St. Engineer, Exploration Drilling Reg. part Art. I,

eff. 12-13-77]

      NAC 534A.030  “Artesian hole” defined. (NRS 532.120, 534.020, 534.110)  “Artesian

hole” means a hole tapping aquifer underlying an impervious material in which

the static water level in the hole stands above where it is first encountered

in the aquifer. The water can be hot or cold.

     [St. Engineer, Exploration Drilling Reg. part Art. I +

part Art. VII, eff. 12-13-77]

      NAC 534A.031  “Blowout” defined. (NRS 513.063, 534A.090)  “Blowout”

means an uncontrolled escape of fluids and gases from a geothermal well.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.033  “Casing” defined. (NRS 513.063, 534A.090)  “Casing”

means the conduit required to prevent waste and contamination of the

groundwater, the geothermal resource, or both, and to hold the formation open

during the construction or use of the well.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.035  “Commission” defined. (NRS 513.063, 534A.090)  “Commission”

means the Commission on Mineral Resources.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.037  “Division” defined. (NRS 513.063, 534A.090)  “Division”

means the Division of Minerals of the Commission on Mineral Resources.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.040  “Geothermal resource” defined. (NRS 532.120, 534.020, 534.110)  “Geothermal

resource” has the meaning ascribed to it in NRS 534A.010.

     [St. Engineer, Exploration Drilling Reg. part Art. I,

eff. 12-13-77]

      NAC 534A.045  “Guide shoe” defined. (NRS 513.063, 534A.090)  “Guide

shoe” means a short, heavy cylindrical section which is rounded at the bottom

and placed at the end of a string of casing.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.050  “Hole” defined. (NRS 532.120, 534.020, 534.110)  “Hole”

means an artificial excavation put down by any method for the purposes of

collecting geochemical, geological or geophysical data.

     [St. Engineer, Exploration Drilling Reg. part Art. I,

eff. 12-13-77]

      NAC 534A.060  “Hole driller” defined. (NRS 532.120, 534.020, 534.110)  “Hole

driller” means any person who drills a hole for compensation or otherwise.

     [St. Engineer, Exploration Drilling Reg. part Art. I,

eff. 12-13-77]

      NAC 534A.061  “Injection well” defined. (NRS 513.063, 534A.090)  “Injection

well” means any well used to dispose of fluids derived from geothermal

resources into an underground reservoir.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.063  “Observational well” defined. (NRS 513.063, 534A.090)  “Observational

well” means any well used to observe the level of the water and its

temperature, pressure and chemistry in a geothermal field.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.064  “Operator” defined. (NRS 513.063, 534A.090)  “Operator”

means the person who has the right to drill and operate a geothermal well.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.065  “Person” defined. (NRS 513.063, 534A.090)  “Person”

includes any trust, estate, agency or governmental entity.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.066  “Production well” defined. (NRS 513.063, 534A.090)  “Production

well” means a geothermal well which is used to transmit fluids derived from

geothermal resources to the surface where the fluids are available for

industrial, commercial or domestic purposes.

     (Added to NAC by Comm’n on Mineral Resources, eff. 12-16-92)

      NAC 534A.067  “Reservoir” defined. (NRS 513.063, 534A.090)  “Reservoir”

means an aquifer or combination of aquifers or porous zones containing a common

geothermal or groundwater resource.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.069  “Thermal gradient well” defined. (NRS 513.063, 534A.090)  “Thermal

gradient well” means a well drilled to obtain a temperature gradient reading in

an area of potential geothermal resources.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.070  “Underground water” defined. (NRS 532.120, 534.020, 534.110)  “Underground

water” is synonymous with “groundwater.”

     [St. Engineer, Exploration Drilling Reg. part Art. I,

eff. 12-13-77]

      NAC 534A.080  “Waste” defined. (NRS 532.120, 534.020, 534.110)  “Waste”

means permitting an artesian hole to discharge water unnecessarily above or

below the surface of the ground so that the water is lost for beneficial use.

     [St. Engineer, Exploration Drilling Reg. part Art. I,

eff. 12-13-77]

      NAC 534A.085  “Well log” defined. (NRS 513.063, 534A.090)  “Well

log” means a written record progressively describing the strata, water and

geothermal resources encountered in drilling a well. The term includes all

relevant data maintained by the operator including volume, pressure, rate of

fill-up and record of casing.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

REGULATIONS OF STATE ENGINEER

      NAC 534A.090  License to drill: Application; issuance. (NRS 532.120, 534.020, 534.110)

     1.  A person licensed to drill wells in the

State of Nevada is not required to possess a license to drill exploration holes

during the time the license to drill wells is in effect.

     2.  Unless licensed to drill wells, a driller

shall obtain a license by making application to the State Engineer on a form

supplied by the State Engineer, accompanied by a $25 filing fee.

     3.  Upon receipt of the completed form and

$25 the license will be issued, but the State Engineer may, upon investigation

and hearing, refuse to issue a license to an applicant if it appears that the

applicant:

     (a) Has not had sufficient training or experience

to qualify him or her as a well driller;

     (b) Is incompetent;

     (c) Has theretofore intentionally violated the law

relating to well drilling or exploration drilling; or

     (d) Has theretofore intentionally made a material

misstatement of fact in an application for a well driller’s or an exploration

driller’s license.

     4.  Any license issued pursuant to this

chapter expires June 30 of the following year unless renewed.

     [St. Engineer, Exploration Drilling Reg. part Art. II,

eff. 12-13-77]

      NAC 534A.100  License to drill: Revocation. (NRS 532.120, 534.020, 534.110)

     1.  The State Engineer, upon investigation

and after a hearing held upon at least 15 days’ notice sent by registered mail

to a licensed driller, may revoke the driller’s license if the State Engineer

finds among other things that the driller has:

     (a) Intentionally made a material misstatement of

facts in his or her application for a license;

     (b) Intentionally made a material misstatement of

facts in a driller’s log and report;

     (c) Been found to be incompetent as a driller;

     (d) Willfully violated any of the prescribed

regulations; or

     (e) Failed to submit a log and report of holes

drilled in accordance with the regulations.

     2.  The State Engineer may refuse to reissue

a license to a driller if it appears that the driller has violated the law or

the regulations.

     3.  Failure to comply with the applicable

provisions of this chapter is cause for revocation of a drilling license.

     [St. Engineer, Exploration Drilling Reg. Art. VI + Art.

X, eff. 12-13-77]

      NAC 534A.110  Drilling rig: License to operate. (NRS 532.120, 534.020, 534.110)  Any

drilling rig operated in Nevada must be operated in compliance with the

licensing procedures of the State Contractors’ Board. Information may be

obtained at the following address:

 



State

Contractors’ Board







70

Linden Avenue







Reno, Nevada

89502







Telephone:

784-6283





 

     [St. Engineer, Exploration Drilling Reg. part Art. II,

eff. 12-13-77]

      NAC 534A.120  Notice

of intention to drill. (NRS 532.120, 534.020, 534.110)  A

driller shall notify the State Engineer whenever the driller is about to

commence the drilling of a hole, giving the name of his or her client, the

approximate location and the approximate depth to be drilled. The driller may

use self-addressed post cards furnished by the State Engineer for this purpose.

     [St. Engineer, Exploration

Drilling Reg. Art. III, eff. 12-13-77]

      NAC 534A.130  Hole

logs: Information required. (NRS 532.120, 534.020, 534.110)  On forms

provided by the State Engineer, the driller shall provide the following

information:

     1.  Name and

address of the driller’s client;

     2.  Location of

holes drilled by quarter section, section, township and range. An example would

be: “Section 10, Township 20 North, Range 51 East.” If the area has not been

mapped, then by distance and directions from a well-known landmark. An example

would be: “One quarter mile easterly of State Highway 38A at a point 10 miles

northerly from the intersection with State Highway 25”;

     3.  Temperature of

water, steam or heat may be given in general terms. Examples would be: Hot,

warm, cool or cold; and

     4.  Depth,

thickness and character of the different strata penetrated and the location of

strata bearing water or a geothermal resource.

     [St. Engineer, Exploration

Drilling Reg. Art. III, eff. 12-13-77]

      NAC 534A.140  Hole

logs: Subsurface information; confidentiality. (NRS 532.120, 534.020, 534.110)  Information

about the subsurface obtained as a result of exploration drilling disclosed on

hole logs as required by NAC 534A.130 must be

filed with the State Engineer within 30 days after it is acquired. Such

information together with other information concerning the exploration

appearing on the logs and the cards containing the notice of intent to drill is

confidential for a period of 5 years from the date of filing the cards or logs

and must not be disclosed during that time without the express written consent

of the driller’s client.

     [St. Engineer, Exploration

Drilling Reg. Art. VIII, eff. 12-13-77]

      NAC 534A.150  Sealing

of holes. (NRS

532.120, 534.020, 534.110)

     1.  All holes must

be sealed at the surface with natural soil or concrete regardless of the

diameter or depth of the hole.

     2.  Holes drilled

into or through artesian aquifers must be sealed to prevent upward leakage

after the drilling pipe is withdrawn at the conclusion of drilling operations.

Failure to so seal a hole constitutes waste.

     [St. Engineer, Exploration

Drilling Reg. Art. IV + part Art. VII, eff. 12-13-77]

      NAC 534A.160  Waiver

of provisions. (NRS 532.120, 534.020, 534.110)  The

State Engineer may, upon good cause shown, waive any of the provisions of NAC 534A.090 to 534A.150,

inclusive, except NAC 534A.140, if the waiver is

in writing and briefly states the reason for the action taken.

     [St. Engineer, Exploration

Drilling Reg. Art. IX, eff. 12-13-77]

REGULATIONS OF COMMISSION ON MINERAL RESOURCES

General Provisions

      NAC 534A.170  Types

of wells. (NRS

513.063, 534A.090)  A

geothermal well is considered by the Division as:

     1.  A domestic well

if it is used solely:

     (a) For domestic

purposes by one or more single family dwellings on a single parcel of land

under the same ownership and not more than an annual average of 1,800 gallons

of water a day is drawn from the well; or

     (b) By a commercial user who does not produce

geothermal heat for sale or the generation of power.

     2.  A commercial well if it primarily is used

to provide geothermal resources on a commercial basis for purposes other than

the generation of power.

     3.  An industrial well if it primarily is

used to generate power.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.180  Applicability of provisions. (NRS 513.063, 534A.090)

     1.  Only the provisions of NAC 534A.170 to 534A.690,

inclusive, listed below apply to domestic geothermal wells:

     (a) NAC 534A.190;

     (b) NAC 534A.210;

     (c) NAC 534A.220;

     (d) Subsection 1 of NAC

534A.260;

     (e) Subsection 1 of NAC

534A.270;

     (f) NAC 534A.280;

     (g) NAC 534A.310;

     (h) Subsection 2 of NAC

534A.330;

     (i) NAC 534A.340;

     (j) Subsection 2 of NAC

534A.410;

     (k) NAC 534A.470;

     (l) NAC 534A.490

(except subsection 9);

     (m) NAC 534A.500;

     (n) Subsections 5 and 6 of NAC

534A.540;

     (o) NAC 534A.550; and

     (p) NAC 534A.590 to 534A.690, inclusive.

     2.  All provisions of NAC

534A.170 to 534A.690, inclusive, apply to

commercial wells except:

     (a) Paragraph (a) of subsection 1 of NAC 534A.200 (exemption applies to nonprofit

organizations only);

     (b) Subsections 2, 3 and 4 of NAC 534A.270;

     (c) NAC 534A.300;

     (d) NAC 534A.320; and

     (e) Subsection 9 of NAC

534A.490.

     3.  Except as otherwise specifically provided

in NAC 534A.170 to 534A.690,

inclusive, all of the provisions apply to industrial wells.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85;

A 12-16-92; 8-22-94)

Permits, Fees and Other Requirements for Drilling

      NAC 534A.190  Application for permit for individual geothermal well. (NRS 513.063, 534A.090)  An

application for a permit to drill or operate an individual geothermal well must

be submitted to the Division on a form provided by the Administrator. Except as

otherwise provided in NAC 534A.196, an application

must:

     1.  Include a statement of the purpose and

estimated depth of the well;

     2.  Include a description of the kind of

casing, equipment for the prevention of a blowout and drilling rig which will

be used;

     3.  Include the name of the owner of the land

or designated lot on which the well will be located and the owner of the

geothermal resource;

     4.  Include the name and address of the

operator and drilling contractor;

     5.  Be accompanied by the bond required

pursuant to NAC 534A.250; and

     6.  Include a description of the location of

the proposed well by the quarter-quarter section, section, township and range.

If the area has not been mapped, the application must state the location by

distance and direction from an established landmark. For domestic and

commercial wells a street address may be used, if available.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85;

A 12-16-92)

      NAC 534A.193  Application for permit for geothermal wells in a project area. (NRS 513.063, 534A.090)  An

application for a permit to drill or operate geothermal wells in a project area

must be submitted to the Division. Except as otherwise provided in NAC 534A.196, the application must:

     1.  Include a statement of the number,

purpose and estimated depth of the proposed wells in the project area;

     2.  Include a description of the kind of

casing, equipment for the prevention of a blowout and drilling rig which will

be used;

     3.  Include the name of the owner of the land

or designated lots on which the proposed wells will be located;

     4.  Include the name of the owner of the

geothermal resource;

     5.  Include the name and address of the

operator and drilling contractor;

     6.  Include a description and map of the

project area by section, township and range; and

     7.  Be accompanied by the bond required by NAC 534A.250.

     (Added to NAC by Comm’n on Mineral Resources, eff. 12-16-92;

A 8-22-94)

      NAC 534A.196  Application for permit for injection well. (NRS 513.063, 534A.090)  An

operator shall file with the Division an application for a permit to drill or

operate an injection well or a permit to drill or operate injection wells in a

project area. The application must contain, in addition to the information

required by NAC 534A.190 or 534A.193, as applicable:

     1.  A description of the casings in the

wells, or the proposed wells, and the proposed method for testing the casings

before those wells are used for injection;

     2.  The estimated maximum injection pressure

and temperature; and

     3.  A description of the proposed pipelines,

metering equipment and safety devices that will be used to prevent accidental

pollution.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85;

A 12-16-92)—(Substituted in revision for NAC 534A.440)

      NAC 534A.200  Location of well: Limitations. (NRS 513.063, 534A.090)

     1.  No well may be drilled within 100 feet

of:

     (a) The boundary of the land on which the well is

situated.

     (b) A public road, street or highway.

     2.  Upon written application, the

Administrator may grant an exception to the provisions of subsection 1. The

Administrator shall consider:

     (a) The topographic, hydrologic and geologic

characteristics of the area and the characteristics of the reservoir;

     (b) The protection of the environment; and

     (c) Any existing rights.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.205  Location of well: Survey required; filing of certified plat of

location. (NRS

513.063, 534A.090)

     1.  Except as otherwise provided in

subsection 3, the location of an individual geothermal well or the geothermal

wells in a project area must be surveyed by a state water right surveyor.

     2.  Except as otherwise provided in

subsection 3, a certified plat of the location must be filed with the Division

within 30 days after the completion of the construction of the well. The plat

must:

     (a) Be of a standard size;

     (b) Show the location of any designated lots; and

     (c) Contain a description of the location of the

proposed well:

          (1) Within a 40-acre legal subdivision; or

          (2) Which includes an accurate course and

distance tied to an established corner of a section or quarter section and a

full description of the corner to which the tie is made, together with all

markings thereon.

     3.  The provisions of this section do not

apply to a thermal gradient well.

     (Added to NAC by Comm’n on Mineral Resources, eff. 12-16-92)

      NAC 534A.210  Fees for permits for individual geothermal wells. (NRS 513.063, 534A.090)  A person

who files an application for a permit to drill or operate an individual

geothermal well shall pay to the Commission a fee according to the following

schedule:

 



     INDUSTRIAL

WELLS





 







          Production

Well......................................................................................................





          $500







          Injection

Well.........................................................................................................





            500







          Observational

Well (larger than a 7-inch surface casing)........................................





            500







          Observational

Well (a 7-inch or smaller surface casing).........................................





            300







          Thermal

Gradient Well...........................................................................................





            100







 





 







     COMMERCIAL

WELLS





 







          Production

Well......................................................................................................





            200







          Injection

Well.........................................................................................................





            200







 





 







     DOMESTIC

WELLS..................................................................................................





              50





 

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85;

A 12-16-92)

      NAC 534A.212  Fees for permits for geothermal wells in project areas. (NRS 513.063, 534A.090)

     1.  Except as otherwise provided in

subsection 2, a person who files an application for a permit to drill or

operate geothermal wells in a project area shall pay to the Commission an

application fee of $500 and an additional fee per well according to the

following schedule:

 



 





 





Each

Subsequent Well







 





First

Well





of

the Same Type







 





 





 







     Production Well





          $500





          $300







     Injection Well





            500





            300







     Observational Well

          (over a 7-inch surface

casing)





 

            500





 

            300







     Observational Well

          (a 7-inch or smaller

surface casing)





 

            300





 

            150







     Thermal Gradient Well





            100





              50





 

     2.  A person who files an application for a

permit to drill or operate geothermal thermal gradient wells in a project area

need not pay the application fee, but shall pay the applicable additional fees

listed in subsection 1.

     (Added to NAC by Comm’n on Mineral Resources, eff. 12-16-92)

      NAC 534A.214  Annual fee for geothermal production well or geothermal injection

well. (NRS

513.063, 534A.090)  On or

before January 31 of each year, the owner of the geothermal resource or the

operator of a geothermal production well or geothermal injection well shall

submit to the Division a fee of $475 for each well which produced or was used

to dispose of fluids derived from geothermal resources into an underground

reservoir during the preceding calendar year.

     (Added to NAC by Comm’n on Mineral Resources, eff. 12-16-92;

A by R069-99, 8-19-99)

      NAC 534A.216  Payment of fee based on depth of well. (NRS 513.063, 534A.090)  Within

30 days after the completion of the construction of a geothermal well listed in

this section and the removal of the drill rig from the location of the well,

the person who holds a permit to drill or operate an individual geothermal well

or a permit to drill or operate geothermal wells in a project area shall pay to

the Division a fee based on the depth of the well according to the following

schedule:

 



 





300

to 1,000





1,001

to 5,000





Over

5,000







 





Feet

Deep





Feet

Deep





Feet

Deep







     INDUSTRIAL WELLS





 





 





 







          Production Well





     $1,000





      $2,000





    $2,500







          Injection Well





       1,000





        2,000





      2,500







          Observational Well

               (larger than a

7-inch surface casing)





 





 





 







          500





           500





      2,500







 





 





 





 







     COMMERCIAL WELL





          200





           200





         200





 

     (Added to NAC by Comm’n on Mineral Resources, eff. 12-16-92)

      NAC 534A.220  Expiration of permits. (NRS 513.063, 534A.090)  Unless

operations have been commenced or the operator is proceeding with due

diligence, a permit to drill an individual geothermal well or a permit to drill

geothermal wells in a project area expires 24 months after the date on which it

was issued unless extended by the Administrator for good cause shown.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85;

A 12-16-92)

      NAC 534A.240  Assignment of permits. (NRS 513.063, 534A.090)

     1.  A permit to drill or operate an

individual geothermal well or a permit to drill or operate geothermal wells in

a project area may be assigned, subject to the conditions of the permit, upon

the written approval of the Administrator. The transferee must furnish a bond

as provided in NAC 534A.250.

     2.  Approval by the Division of the transfer

is the authority for release or cancellation by the transferor of his or her

surety.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85;

A 12-16-92)

      NAC 534A.250  Bond: Filing requirements; amount; form; duration. (NRS 513.063, 534A.090)

     1.  Except as otherwise provided in this

section, the operator shall provide a sufficient bond in the sum of not less

than $10,000 in favor of the State of Nevada for each geothermal well,

conditioned on the plugging of the well upon abandonment in accordance with NAC 534A.170 to 534A.690,

inclusive. The bond must be submitted with the application for a permit to

drill or operate an individual geothermal well or an application for a permit

to drill or operate geothermal wells in a project area.

     2.  An operator may file a blanket bond, in a

sum of at least $50,000, to cover all wells to be drilled or operated by the

operator.

     3.  A bond must be:

     (a) In cash;

     (b) Issued by a surety authorized to do business in

Nevada; or

     (c) In the form of a savings certificate or time

certificate of deposit which is:

          (1) Issued by a bank or savings and loan

association operating in Nevada; and

          (2) Payable to the State of Nevada.

     4.  An operator who has deposited a performance

bond with the Federal Government for wells drilled on federal land shall file a

copy of that bond with the Division.

     5.  The bond required by this section must

remain in effect until the well is properly abandoned, the surface is properly

restored and the bond is formally released by the Division.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85;

A 12-16-92)

      NAC 534A.260  Requirements for casing. (NRS 513.063, 534A.090)

     1.  All wells must be cased in such a manner

as to minimize damage to the environment, ground and surface waters, geothermal

resources and property.

     2.  Except as otherwise ordered by the

Administrator, the completion equipment for a well must be attached to the

surface casing. All casing, except conductor casing, which reaches the surface

must provide adequate anchorage for equipment for the prevention of a blowout

and control of the pressure in the well.

     3.  Surface casing must provide for control

of formation fluids and protection of fresh water. The cement for the surface

casing must be circulated up the annulus to the surface. If the cement does not

circulate or falls back, the casing must be cemented at the surface. Sufficient

casing must be set to reach a depth below all known or reasonably estimated

levels of fresh water to protect those aquifers and to prevent blowouts or

uncontrolled flows. Surface casing may not be set less than 10 percent of the proposed

total depth of the well or a minimum of 50 feet, whichever is greater.

     4.  When intermediate casing is installed,

cement must be circulated to the surface or to the top of the casing with at

least a 100-foot overlap into the next string of casing.

     5.  Production casing may be set above or

through the production or injection zone. Casing must be cemented to the

surface or, if a liner is used, to the top of the casing. If surface casing

overlaps into an intermediate string, the overlap must be at least 100 feet,

solidly cemented and tested to withstand at least 750 pounds of pressure per

square inch of gauge. A decline in the pressure of 10 percent or less in 30

minutes is acceptable. For domestic or commercial wells less pressure or

another acceptable mechanical test may be approved by the Administrator.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.270  Prevention of blowout; testing of casing and equipment for

prevention of blowout. (NRS 513.063, 534A.090)

     1.  All necessary precautions must be taken

to keep wells under control and operating safely at all times.

     2.  Equipment for the prevention of a

blowout, capable of shutting in the well during any operation, must be installed

on the surface casing and maintained ready for use at all times. This equipment

must be made of steel and have a rating for pressure equal to the maximum

anticipated pressure at the wellhead. Equipment for the prevention of a blowout

is required on any well where temperatures may exceed 250°F.

     3.  Immediately after installation, the

casing and equipment for the prevention of a blowout must be tested under

pressure. These tests must be witnessed by the Division before the guide shoe

is drilled out of the casing. The Division must be given reasonable notice of

any such test. If necessary, conductor pipe must be equipped with annular

blowout equipment which is hydraulically activated from a remote control

station.

     4.  The use of any equipment for the

prevention of a blowout must be in accordance with established good practices

of the oil field.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.280  Measurements of temperature. (NRS 513.063, 534A.090)  The

temperature of the mud that is returned up the hole must be observed

continuously by the operator during the drilling of the well whenever

temperatures of the drilling fluids at the surface reach 200°F. These

temperatures must be entered into the well log after each joint of pipe has

been drilled.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85;

A 8-22-94)

      NAC 534A.300  Logging of wells. (NRS 513.063, 534A.090)  All

geothermal wells must be logged with an electrical well log or neutron-gamma

ray or similar log from the bottom of the hole to the bottom of the surface

casing.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85;

A 12-16-92)

      NAC 534A.310  Taking of cuttings is condition for approval; submission to

Bureau of Mines and Geology. (NRS 513.063, 534A.090)  The

taking of cuttings at least every 30 feet, and filing thereof, is a condition

for approval of the drilling permit. The cuttings must be cleaned, dried,

marked for location and depth and placed in envelopes. The cuttings and a split

of any core must be submitted to the Bureau of Mines and Geology of the State

of Nevada within 30 days after the well is completed.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.320  Limitation on opening of interval in well. (NRS 513.063, 534A.090)  No

interval in a geothermal well, except for one operated by a nonprofit

organization, may be opened to the well bore closer than 100 feet from the

outer boundary of the lease on which the well is located.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.330  Identification of producing wells by sign; assignment of code

number. (NRS

513.063, 534A.090)

     1.  Each producing well must be identified by

a sign posted within 30 feet of the well unless the property on which the well

is located has a street address. The sign must be of durable construction. The

lettering must be kept in legible condition and be large enough to be legible

under normal conditions at a distance of 25 feet. The wells must be numbered in

nonrepetitive, logical and distinctive sequence. Each sign must show the number

of the well, the name of the lease, which must be different and distinctive for

each lease, the name of the lessee, owner or operator and the location by

quarter-quarter section, section, township and range. This requirement may be

modified by the Administrator for good cause.

     2.  The Division shall assign to each well a

code number of the American Petroleum Institute when the drilling permit is

approved.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.340  Records to be kept by owner or operator of geothermal resource;

inspection. (NRS

513.063, 534A.090)

     1.  The owner of the geothermal resource or

the operator of the well shall keep an accurate:

     (a) Log, which must include the lithologic

characteristics and depths of the formations, the depths and temperatures of

water-bearing and steam-bearing strata and the temperatures, chemical

compositions and other characteristics of fluids encountered during drilling;

     (b) Record of the core, which must contain a

notation of the depth, lithologic character and fluid content of the cores;

     (c) History of the well, which must describe in

detail all significant operations and equipment used during all phases of

drilling, testing, completing and abandoning each well; and

     (d) Summary, which must include data pertinent to

the condition of a well at the time it is completed.

     2.  These records must be kept at the site of

the well or in the nearest office of the owner or operator. The Division may

inspect the records during normal business hours.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.350  Filing of logs and other records. (NRS 513.063, 534A.090)

     1.  The operator shall, within 60 days after

the completion or cessation of drilling, file with the Division the electrical

logs required to be kept.

     2.  The operator shall, within 60 days after

the removal of the rig, file with the Division all required logs not already

filed pursuant to subsection 1, the record of the core, the history of the well

and the summary.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.360  Filing of directional survey after completion of directionally

drilled well. (NRS

513.063, 534A.090)  Within

60 days after the completion of a directionally drilled well, a directional

survey of the well, including a plat obtained by the method used to survey

wells, must be filed with the Division.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

Production

      NAC 534A.390  Equipment for development and production of geothermal resources;

additional testing or remedial work. (NRS 513.063, 534A.090)

     1.  All equipment used or purchased for the

development and production of geothermal resources must meet the minimum

standards generally accepted for equipment used for geothermal wells.

     2.  The Division may require additional

testing or remedial work to prevent waste and damage to the environment.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.400  Measurement of rate of flow of water and steam and of pressure

and temperature of fluids. (NRS 513.063, 534A.090)  The rate

of the flow of water or steam, or both, and the pressure and temperature of the

fluids from each well must be accurately measured. Metering must be on a

continuous basis and each well must be gauged at the frequency prescribed by

the Administrator.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.410  Monthly reports of production and temperature; annual reports. (NRS 513.063, 534A.090)

     1.  The owner of a geothermal resource or the

operator of a producing industrial or commercial well shall file, on a form

provided by the Division, a monthly report of production and temperature on or

before the last day of each month for the preceding month.

     2.  The owner of a geothermal resource or the

operator of a producing domestic well shall file, on a form provided by the

Division, a report of production and temperature on or before January 31 of the

year immediately following the first full calendar year in which the geothermal

resource or domestic well was in use. On or before January 31 of each year

thereafter, the owner or operator shall file, on a form provided by the

Division, a report which indicates whether the geothermal resource or domestic

well was in use during the preceding year. The Division may require such

additional information as the Administrator determines is necessary to carry

out the provisions of chapter 534A

of NRS.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85;

A 9-11-95)

      NAC 534A.420  Reinjection of fluids unless alternative method of disposal

approved; “by-product” defined. (NRS 513.063, 534A.090)

     1.  Unless the Administrator approves an

alternative method of disposal, all fluids derived from geothermal resources

must be reinjected into the same reservoir from which the fluids were produced.

     2.  For purposes of this section,

“by-product” means any minerals which are found in solution or in association

with geothermal resources and which because of quantity, quality or technical

difficulties in extraction and production are of insufficient value to warrant

extraction and production by themselves.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.430  Casing of injection wells; filling of annular space. (NRS 513.063, 534A.090)  Injection

wells must be completed with safe and adequate casing which is properly

cemented to protect fresh water aquifers. The annular space must be filled by

circulating cement up the annulus to the surface. If the cement does not circulate

or falls back, the casing must be cemented at the surface.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.450  Notification of beginning and discontinuance of injection. (NRS 513.063, 534A.090)

     1.  Immediately before beginning any

injection, the operator shall notify the Division of the date on which

injection will begin.

     2.  Within 10 days after the discontinuation

of the operations, the operator shall notify the Division of the date of

discontinuation and the reasons therefor.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.460  Monthly report of injection. (NRS 513.063, 534A.090)  The

owner of the geothermal resource or operator of any well who injects geothermal

fluids into a reservoir shall file a report of the injection on a form provided

by the Division on or before the last day of the month for the preceding month.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

Abandonment and Plugging

      NAC 534A.470  Application for permission to abandon and plug geothermal well. (NRS 513.063, 534A.090)  If the

owner of the geothermal resource or the operator files with the Division an

application for permission to abandon and plug a geothermal well pursuant to NAC 534A.540, the application must be accompanied by

a detailed statement of the proposed activity.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85;

A 12-16-92)

      NAC 534A.480  Abandonment of thermal gradient or observational well. (NRS 513.063, 534A.090)  For

abandonment of a thermal gradient or an observational well, the following

provisions apply:

     1.  If the well was drilled with air and no

water was encountered, the hole must be backfilled with cuttings and a cement

plug 50 feet long must be placed at the top of the well.

     2.  If the well was drilled with mud, the

bore must be filled with mud, and a cement plug of 50 lineal feet must be

placed at the top of the well.

     3.  The surface must be restored as near as

practicable to its original condition.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.490  Abandonment of geothermal or injection well. (NRS 513.063, 534A.090)  For

abandonment of a geothermal or injection well, the following provisions apply:

     1.  Cement used to plug the well, except

cement used for surface plugging, must be placed in the hole by pumping through

drill pipe or tubing. The cement must consist of a mix which resists high

temperatures.

     2.  Cement plugs must be placed in the

uncased portion of wells to protect all subsurface resources. These plugs must

extend a minimum of 100 lineal feet above the producing formations and 100

lineal feet below the producing formations or to the total depth drilled,

whichever is less. Cement plugs must be placed to isolate formations and to

protect the fluids in those formations from interzonal migration.

     3.  Where there is an open hole, a cement

plug must be placed in the deepest casing string by:

     (a) Placing a cement plug across the guide shoe

extending a minimum of 100 lineal feet above and below the guide shoe, or to

the total depth drilled, whichever is less; or

     (b) Setting a cement retainer with effective

control of back pressure approximately 100 lineal feet above the guide shoe,

with at least 200 lineal feet of cement below, or to the total depth drilled,

whichever is less, and 100 lineal feet of cement above the retainer.

     4.  If there is a loss of drilling fluids

into the formation or such a loss is anticipated or if the well has been

drilled with air or another gaseous substance, a permanent bridge plug must be

set at the casing shoe and capped with a minimum of 200 lineal feet of cement.

     5.  A cement plug must be placed across

perforations, extending 100 lineal feet below, or to the total depth drilled,

whichever is less, and 100 lineal feet above the perforations. When a cement

retainer is used to squeeze cement into or across the perforations, the

retainer must be set a minimum of 100 lineal feet above the perforations. Where

the casing contains perforations at or below debris or collapsed casing, which

prevents cleaning, a cement retainer must be set at least 100 lineal feet above

that point, and cement must be squeezed in the interval below the retainer.

     6.  The approval of the Administrator must be

obtained before casing is cut and recovered. A cement plug must be placed in

such a manner as to isolate all uncased intervals and guide shoes that are not

protected by an inner string of casing. The plug must extend a minimum of 50

feet above and below any such interval or guide shoe.

     7.  All annular spaces extending to the

surface must be plugged with cement.

     8.  The innermost string of casing which

reaches ground level must be cemented to a minimum depth of 50 feet below the

top of the casing.

     9.  The hardness and location of cement plugs

placed across perforated intervals and at the top of uncased or open holes must

be verified by setting down with tubing or drill pipe a minimum weight of

15,000 pounds on the plug or, if less than 15,000 pounds, the maximum weight of

the available tubing or drill pipe string. If a cement retainer or bridge plug

is used to set the bottom plug, a test is not required for that interval.

     10.  The surface must be restored as near as

practicable to its original condition.

     11.  Any interval that is not filled with

cement must be filled with good quality, heavy drilling fluids.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.500  Casing strings to be cut off and capped; removal of structures

and other facilities. (NRS 513.063, 534A.090)  All

casing strings must be cut off below ground level and capped by welding a steel

plate on the casing stub. All structures and other facilities must be removed.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.510  Removal of equipment without approval of Administrator

prohibited; permission may be given orally. (NRS 513.063, 534A.090)

     1.  Drilling equipment must not be removed

from any site where drilling operations have been suspended, either temporarily

or indefinitely, without the prior approval of the Administrator.

     2.  Permission to remove equipment may be

given orally by the Administrator.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

Miscellaneous Records, Reports and Other Requirements

      NAC 534A.520  Maintenance of records to substantiate reports; requirement of

additional reports. (NRS 513.063, 534A.090)

     1.  All producers and handlers of geothermal

resources shall make and keep appropriate books and records covering their

operations in Nevada for a period of at least 5 years after cessation of

activities, to substantiate the required reports.

     2.  The Division may require additional

reports, data or other information on the production and use of geothermal

energy to prevent waste and to conserve natural resources.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.530  Filing of organizational chart and amendments. (NRS 513.063, 534A.090)  On a

form provided by the Division, an organizational chart must be filed by each

applicant before any permits for drilling are issued. An amended form must be

filed if there is a change in the information initially submitted to the

Division.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.535  Notice of intention to engage in certain activities. (NRS 513.063, 534A.090)

     1.  The owner of the geothermal resource or

operator shall notify the Division of his or her intention to:

     (a) Make a minor change in the manner in which a

well is operated;

     (b) Conduct a temperature or pressure survey;

     (c) Conduct a flow test; or

     (d) Perform routine maintenance of a well.

Ê The notice

must be submitted to the Division on Form 4 (Sundry Notices and Reports on

Wells).

     2.  As used in subsection 1, “minor change”

includes:

     (a) Installing or changing capillary tubing.

     (b) Pulling or replacing a pump.

     (c) Any other change for which the Division takes

little or no action other than acknowledging the notice and filing it.

     (Added to NAC by Comm’n on Mineral Resources, eff. 12-16-92)

      NAC 534A.540  Permission to engage in certain activities; report of progress or

completion; authority of Division. (NRS 513.063, 534A.090)

     1.  A person shall not engage in an activity

listed in subsection 3 or 4 without the permission of the Division.

     2.  The owner of the geothermal resource or

operator shall submit an application for permission to engage in an activity

listed in subsection 3 or 4 on Form 4 (Sundry Notices and Reports on Wells).

Upon request, the Administrator may, as he or she deems appropriate in

extraordinary circumstances, grant oral permission to engage in an activity

listed in subsection 3 or 4. Oral permission to engage in an activity listed in

subsection 3 or 4 does not relieve the owner of the geothermal resource or

operator of his or her obligation to submit an application pursuant to this

section.

     3.  The fee is $300 to file an application

for permission to engage in any one of the following activities:

     (a) Increasing the depth of a well;

     (b) Testing of water shut-off;

     (c) Entering or opening a plugged well;

     (d) Shooting, acidizing or fracture treating;

     (e) Abandoning and plugging a well;

     (f) Drilling in a direction which is not intended

to be vertical, including directional drilling;

     (g) Changing the construction of a hole or well,

including:

          (1) Placing a plug in the hole or well; and

          (2) Recovering or altering the casing;

     (h) Conducting a major work over or cleaning of a

well; and

     (i) Any other proposed activity for which the

Division:

          (1) Conducts a field inspection; or

          (2) Evaluates information or documentation

regarding the construction of a hole or well.

     4.  The fee is $100 to file an application

for permission to engage in any one of the following activities:

     (a) Extending a permit;

     (b) Changing the ownership of a well;

     (c) Changing the status of a well;

     (d) Changing the name of a well;

     (e) Changing the location of a proposed well; and

     (f) Any other proposed activity for which the

Division conducts an extensive review.

     5.  The owner of the geothermal resource or

operator shall report to the Division any progress regarding or the completion

of an activity for which permission was required pursuant to this section and

any supplemental history of the well.

     6.  In the case of a domestic well, the owner

of the geothermal resource or the operator shall:

     (a) Not engage in an activity listed in paragraph

(a), (c) or (e) or subparagraph (1) of paragraph (g) of subsection 3 without

the permission of the Division; and

     (b) Submit to the Division an application for permission

to engage in an activity listed in paragraph (a), (c) or (e) or subparagraph

(1) of paragraph (g) of subsection 3. The owner or operator shall file the

application on Form 4 (Sundry Notices and Reports on Wells) and is not required

to pay a fee to file.

     7.  The Division may, as it deems

appropriate, observe and release information which is not confidential

regarding activities for which permission was required pursuant to this

section.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85;

A 12-16-92)

      NAC 534A.550  Filing of report of completion and well logs. (NRS 513.063, 534A.090)

     1.  Within 30 days after the completion of

the construction of a well, the owner of the geothermal resource or the

operator shall file with the Division:

     (a) A report setting forth the manner in which the

well was completed.

     (b) Two sets of all well logs.

     2.  The Division shall file one set of the

well logs with the Bureau of Mines and Geology of the State of Nevada.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85;

A 12-16-92)

      NAC 534A.560  Monthly reports. (NRS 513.063, 534A.090)

     1.  A monthly report of all geothermal

production and sales, average temperatures and consumptive use from commercial

and industrial wells must be filed in duplicate with the Division on or before

the last day of the month following the month during which the production

occurred. The producer shall retain a copy for his or her file.

     2.  Wells which produce for any part of the

month must be included in the monthly report.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85;

A 12-16-92)

      NAC 534A.570  Report of injection of fluid. (NRS 513.063, 534A.090)  The

injection of fluid for recharging, to maintain the pressure or for the disposal

of water must be reported in writing to the Division. The report must be filed

in duplicate on or before the last day of the month following the month during

which the injection occurred.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85;

A 12-16-92)

Rules of Practice and Procedure

      NAC 534A.590  Application for public hearing; petition for rehearing. (NRS 513.063, 534A.090)

     1.  Any interested person who desires a

public hearing before the Division must file an application with the Division.

The application must state the purpose or subject for which the hearing is

sought and be submitted in triplicate.

     2.  A petition for rehearing must be filed in

the same manner.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.600  Docket; numbering of hearings. (NRS 513.063, 534A.090)  The

Administrator shall maintain a docket, and all applications for hearings and

all hearings called on motion of the Division must be docketed and given a

number. A file carrying the number must be maintained by the Division. Each

application for a hearing and each original document or copy certified by the

Division must be stamped with the number of the hearing and placed and kept in

the file.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.610  Notice of hearing; continuance; notice of certain hearings by

publication. (NRS

513.063, 534A.090)

     1.  Notice of a hearing must be sent by the

Division to the applicant and all known interested parties at least 10 days

before the date of hearing.

     2.  Upon request of a party to a hearing and

for good cause shown, the hearing may be continued. A request to have the date

of a hearing changed must be made to the Administrator at least 5 days before

the date set. Requests may be granted or denied at the discretion of the

Administrator.

     3.  If the matter set for hearing is

determined by the Division to be of general interest throughout the state, the

Administrator shall cause a notice of the hearing to be published 2 weeks

before the hearing in a newspaper of general circulation in Reno, in Las Vegas,

and in the area in which the geothermal resource is located.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.620  Hearings informal; record; protests; preliminary procedure. (NRS 513.063, 534A.090)

     1.  Hearings before the Division must be

conducted informally. A record of testimony must be taken and preserved as a

part of the permanent records of the Division.

     2.  The Division may require any protest to

be reduced to writing and filed with the Division.

     3.  Before evidence is received:

     (a) The Administrator shall make a statement of

matters officially noticed;

     (b) The parties and the Division may offer

preliminary materials, including pleadings necessary to present the issues to

be heard, motions, rulings, notices, proof of publication and orders of the

Division previously entered in the proceeding;

     (c) The Administrator shall rule on any pending

motion;

     (d) The Administrator shall receive any stipulation

of fact or stipulated exhibit;

     (e) The Administrator shall dispose of any

preliminary matters appropriate for disposition before receiving offers of

evidence; and

     (f) The Administrator shall accept statements of

appearances.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.630  Order of proceedings. (NRS 513.063, 534A.090)  The

party who initiates the proceeding may open and close the proceeding. The

Administrator shall open and close a proceeding which is initiated by the Division.

An interested person must be heard immediately following the party with whom

the interested person is allied in interest. The Administrator shall designate

the order of the proceedings.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.640  Examination of witnesses. (NRS 513.063, 534A.090)  A

witness may be examined and cross-examined by not more than one representative

of each party. The Administrator will designate the order of examination.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.650  Record of proceedings at formal hearings; cost of transcribing

and reporting. (NRS 513.063, 534A.090)  At all

formal hearings, the record of the proceedings must be made by a certified

shorthand reporter, or in the absence of such a reporter, by a person

designated by the Administrator. The cost of transcribing and reporting the

hearing must be borne by the party designated by the Administrator at the time

of the hearing.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.660  Presentation of briefs. (NRS 513.063, 534A.090)  Before

closing the hearing, and upon the request of a party, the Administrator may

permit the presentation of briefs. The order of presenting briefs and the time

by which they must be filed must be determined by the Administrator after he or

she consults with the parties.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.670  Depositions. (NRS 513.063, 534A.090)  The

deposition of a witness for use in a hearing before the Division may be taken

in compliance with a stipulation between the parties concerned or with an order

of the Administrator. If the deposition is to be taken by order of the

Administrator, the parties concerned must be notified by certified mail at

least 15 days before the date set for the deposition. The notice must set forth

the names of the persons to be questioned, the time and place and the subject

matter concerning which they are expected to testify.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.680  Declaratory order or advisory opinion. (NRS 513.063, 534A.090)

     1.  Any person may petition the Commission in

writing for a declaratory order or an advisory opinion on the applicability of

any statutory provision, regulation or decision of the Administrator or

Commission.

     2.  The Commission will issue a declaratory

order or render an advisory opinion in writing within 90 days after its receipt

of the petition.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

      NAC 534A.690  Petition for adoption, filing, amendment or repeal of regulation.

(NRS

513.063, 534A.090)

     1.  Any person may petition the Commission in

writing for the adoption, filing, amendment or repeal of a regulation of the

Commission.

     2.  The Commission will send any

correspondence by certified mail to the petitioner.

     (Added to NAC by Comm’n on Mineral Resources, eff. 11-12-85)

 
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