Please find below a link to a Federal Register notice that was just brought to our attention. Our friends at the Office of Natural Resource Revenue, specifically Sarah Inderbitzen, are trying to change the method of service of notices to your companies. We know that often they date their ‘Dear Reporter’ letters and we do not receive them until several weeks later (e.g., The August 8 ‘Dear Reporter’ letter received by most companies on September 6th by regular mail).

This Federal Register notice is a “final rule” stating that the Agency may now use “(4) Any electronic method of delivery that keeps information secure and provides for a receipt of delivery or, if there is no receipt, the date of delivery otherwise documented.” This means that an email with a date may be sent to some random person at your company and that notice could get caught in a spam filter, or worse, if that person has left your employ, the notice will remain in their inbox. This could have devastating and very expensive repercussions on your company–particularly with the Enforcement Division threatening penalties of up to $25,000 per day, per violation. At the IPANM presentation, Ms. Inderbitzen made it very clear that if your company has received the notice and you do nothing to respond or address the situation with ONRR, you will face ‘knowing and willful’ penalties. It is completely foreseeable that the electronic service provision of this proposed rule will cause lapses in response to the agency.

If we file ‘adverse comments’ on the Federal Register by September 23rd, the notice states that they will withdraw this rule. Please read this notice and file something electronically on the federal register site.

The link to file is:
https://www.federalregister.gov/articles/2013/08/23/2013-20634/amendments-to-onrrs-service-of-official-correspondence.

Tthe FR notice is at the above link. The most expeditious way to file comments is at www.federalregister.gov on the correct page (link above). And, you will receive a receipt stating the government received your comments.

This is very important, please file comments today. IPANM will also file comments on Friday. It is also my hope that members of the Congressional delegation will also weigh in on this issue.

Thank you,
Karin V. Foster