ECMC grants exception to hear pooling dispute, reverses hearing officer dismissal

The Energy and Carbon Management Commission on May 28 reversed a hearing officer dismissal and granted an exception to hear a Rule 520 pooling matter, sending the matter back to the hearing officer for contested‑hearing scheduling.

The commission took up docket 241100287, a Rule 520 exception in a pooling docket. Hearing manager Thomas told the commission Noble had withdrawn a request for oral argument and that the commission’s role would be to deliberate on whether to hear the exception. Commissioner Cross opened deliberations, noting the commission’s lack of jurisdiction to decide contract terms but stressing that the commission has authority under its rules to make pooling determinations. Commissioners Oth and Cross urged that the commission could and should grant relief and hear the pooling issue on the merits, while preserving limits on any contract interpretations.

Commissioner Cross moved to grant the exception and direct the hearing manager to set a contested hearing on pooling issues. The commission’s general counsel clarified that granting the exception reverses the hearing officer’s dismissal and returns the matter to the hearing officer to set a contested hearing that would come back to the commission. After a second and brief discussion, commissioners voted in favor and directed staff to proceed. The hearing manager told the parties the commission would see them at the scheduled contested hearing.

The action does not resolve the underlying pooling dispute; it merely puts the matter back into the adjudicatory process for a contested hearing and preserves the distinction between pooling directives under ECMC authority and private contractual issues the commission cannot itself determine.