answer to chesapeake's answer to motion for rehearing 1.7.12

7/28/2019 Answer to Chesapeake's Answer to Motion for Rehearing 1.7.12

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North Central Texas Communities Alliance and Westchester-Grand Prairie Community Alliancec/o 4621 Chalk Court, Grand Prairie, Texas 75052

Via Fed Ex DeliveryMs. Delores HowardRailroad Commission of Texas1701 N. Congress Avenue12th Floor, Room 123Austin, Texas 78701

Re: Rule 37 Case No. 0267504: Application of Chesapeake Operating, Inc. For a Rule 37 Spacing Exception Permit for its Barnes Assembly A Lease, Well No. 3H, Newark, East(Barnett Shale) Field, Dallas County, Texas (Hearing heard on February 1, 2011)

Dear Ms. Howard:

Please find enclosed an original and thirteen (13) copies of Kristi (Chance)Bradley’s and Billie Harris’s Reply to Chesapeake Operating, Inc.’s Reply to theDecember 13, 2011 Motion for Rehearing of Kristi (Chance) Bradley and Billie Harris filed on the above-referenced proceeding.

A copy of this document is also being forwarded via regular mail to the partiesnoted below.

Sincerely,

___________________________________

Kristi (Chance) Bradley, RN (January 7, 2012)

___________________________________ Billie S. Harris (January 7, 2012)

Enclosurescc: Mr. Marshall Enquist, Hearings Examiner, Texas Railroad Commission

Mr. Richard Atkins, Technical Examiner, Texas Railroad CommissionMr. Glenn E. Johnson, Attorney for Chesapeake Operating, Inc.Mr. Mohamed Al-SharifMs. Kristi (Chance) Bradley

Ms. Neva Jane CarterMr. Casey HarrisMs. Billie HarrisMr. Scott CookMr. Louis McBee, representing North Central Texas Communities AllianceSusan Read, Rosemary Reed & Clay Newsome, representing North Central Texas

Communities Alliance and Westchester-Grand Prairie CommunityAlliance



Railroad Commission of TexasOffice of General Counsel

RE: Billie S. Harris and Kristi (Chance) Bradley’sReply To

Chesapeake Operating, Inc.’sReply To

The Motion for Rehearing of Billie S. Harris and Kristi (Chance) Bradley .Rule 37 Case No. 0267504, Barnes Assembly A Well 3H, API # 113-30193

TO THE HONORABLE RAILROAD COMMISSION OF TEXAS:

We now proceed to address Items I- V in the Reply to the Motion for Rehearing from

Chesapeake Operating, Inc. (dated November 22, 2011)

I: Introduction: The Reply to the Motion for Rehearing is without merit and sowith this response we now enter our response to Chesapeake Operating, Inc.’s Replyto the Motion for Rehearing in the above-referenced case.

Kristi (Chance) Bradley ’s representatives ( certain named and unnamed members of the North Central Texas Communities Alliance ) were clearly delineatedas representing her as indicated on the Notice of Intent to Appear dated January 31,2011. (See Exhibit A, ~ above “Print Name.”)

Louis McBee, or Gary Hogan, or Esther McElfishor the North Central Texas Communities Alliance

Westchester-Grand Prairie Community Alliance members (Susan Read,Rosemary Reed and Clayton Newsome) are unnamed as (“or”) and are dues-paying,active members of the North Central Texas Communities Alliance. (Exhibit A, Page 2)

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RE: Billie S. Harris and Kristi (Chance) Bradley’sReply To

Chesapeake Operating, Inc.’sReply To

The Motion for Rehearing of Billie S. Harris and Kristi (Chance) Bradley .Rule 37 Case No. 0267504, Barnes Assembly A Well 3H, API # 113-30193

II. Certain Grand Prairie, TX members of the North Central Texas CommunitiesAlliance (Susan Read, Rosemary Reed and Clayton Newsome) were “hand -delivering” Kristi (Chance) Bradley’s Notice of Intent to Appear on the day of theTuesday, February 1, 2011 Hearing in the above-referenced case. The blizzardconditions (as noted in the December 13, 2011 Motion for Rehearing) were beyond anythat North Texans have experienced before on Texas roads. The ensuing wreck couldhave been catastrophic. The Acura driven by Mr. Newsome was totaled. (Please seethe Transcript of the Proceedings, Page 12). (Exhibit B)

The opportunity for additional members of the North Central TexasCommunities Alliance to “stand in” for M rs. Bradley (A Registered Nurse unable toattend because of her work requirements) was not possible because of the wreck. Examiner Enquist does not mention Mr s. Bradley as being “represented” by Mr. McBeeduring the hearing. (See Exhibit B, Page 12).

The “Notice of Intent to Appear Form” was not “Faxed” in on February 1, 2011

due to: a) the Closure of Businesses (for 3 days in many cases); b) No Access to a FaxMachine; and c) No Access to Travel. The “Notice of Intent to Appear ” was “faxed” into the Railroad Commission on Saturday, February 5, 2011 (See Exhibit A, Page 1~date stamped, top left of the page from Ship ‘n Mail) . The “Notice of Intent toAppear ” was not “uploaded” to the Railroad Commission’s Web site un til February 7,2011 (See the Railroad Commission Web site for the uploaded documents in this case~ API #113-30193.)

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RE: Billie S. Harris and Kristi (Chance) Bradley’s

Reply ToChesapeake Operating, Inc.’s

Reply ToThe Motion for Rehearing of Billie S. Harris and Kristi (Chance) Bradley .

Rule 37 Case No. 0267504, Barnes Assembly A Well 3H, API # 113-30193

III. Postponement of the Hearing. A Motion for Continuance was not offered as anOption during the proceedings (See the Transcript). (As noted in the Motion forRehearing dated December 13, 2011, we are not attorneys and as such, required someguidance from the Commission on this issue.)

The parties involved in the wreck, representing the North Central Texas CommunitiesAlliance and the Westchester- Grand Prairie Community Alliance, were going to “standin” for Kristi (Chance) Bradley and were hand -delivering Ms. Bradley’s “ Notice ofIntent to Appear. ” Had others from our community been caught in the storm, theruling would have gone in Chesapeake’s favor. It appears that Chesapeake was notexpecting anyone to attend since they had to request a transcriber and that was onereason given by the Examiner as to a delay to the start time. As noted in the February1, 2011 Transcript, (Exhibit C, Pages 9-10).

IV. I, Kristi (Chance) Bradley seek an opportunity to present my own argument tothe Commission: Kristi (Chance) Bradley was not represented during the February 1,2011 Hearing in Austin, Texas. Kristi (Chance) Bradley was not included in thecorrespondence leading up to the PFD on November 22, 2011. Mr. McBee did not

represent Mrs. Bradley on February 1, 2011.

Irregularities in the drilling, perforation and fraccing of Barnes Assembly A Well 3H,API # 113-30193 have been discovered. In fact, as Exhibit D shows, completionpaperwork (Certificate of Compliance and a Poorly Drawn Plat) for this well was filedwith the Railroad Commission on October 27, 2011 . This well was completed andproducing as of May 22, 2011 according to Exhibit D as well.

This “ Completion and Production ” of a wellbore under Legal Examination is ofserious concern to the Community including Kristi (Chance) Bradley and Billie S.

Harris . In fact, this wellbore (apparently at a shorter lateral location we are told) was inproduction as of May, 2011 ~ again, prior to a PFD from the Railroad Commissioners.Continuation of work (including completion and production) on a well undergoing aLegal Examination and/or a Rule 37 Spacing Exception Ruling is very “Irregular” andneeds serious clarification from the Texas Railroad Commission.

As such, a Rehearing is requested.

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RE: Billie S. Harris and Kristi (Chance) Bradley’s

Reply ToChesapeake Operating, Inc.’s

Reply ToThe Motion for Rehearing of Billie S. Harris and Kristi (Chance) Bradley .

Rule 37 Case No. 0267504, Barnes Assembly A Well 3H, API # 113-30193

V. Conclusion: I, Kristi (Chance) Bradley and I, Billie S. Harris , bring seriousallegations of errors in this Case as provided in Items I-IV in the above-referenced case.

I, Kristi (Chance) Bradley should have had “standing” during the February 1, 2011Hearing but did not because my representatives representing the North Central TexasCommunities Alliance along with the Westchester-Grand Prairie Community Alliance,Susan Read, Rosemary Reed and Clayton Newsome were involved in a serious accidentenroute to the Hearing that morning. My “Notice of Intent to Appear ” was being “Hand-Delivere d,” to Austin, Texas by these individuals. They a re not attorneys butwere bringing my “arguments” in Case No. 026 7504 to the Legal Examination forconsideration.

WHEREFORE, PREMISES CONSIDERED, Kristi (Chance) Bradley and Billie S. Harris,pray that the Railroad Commission of Texas grant the Motion for Rehearing filedDecember 13, 2011.

Respectfully submitted,

___________________________ ___________________________ Kristi (Chance) Bradley Billie S. Harris4621 Chalk Court 4718 Goodnight CourtGrand Prairie, Texas 75052 Grand Prairie, Texas 75052 January 7, 2012 January 7, 2012

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answer to chesapeake's answer to motion for rehearing 1.7.12

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