WL Kirkman, Inc. v. Oklahoma Corp. Com'n

676 P.2d 283
CourtCourt of Civil Appeals of Oklahoma
DecidedJanuary 27, 1984
Docket59385
StatusPublished
Cited by10 cases

This text of 676 P.2d 283 (WL Kirkman, Inc. v. Oklahoma Corp. Com'n) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
WL Kirkman, Inc. v. Oklahoma Corp. Com'n, 676 P.2d 283 (Okla. Ct. App. 1984).

Opinion

676 P.2d 283 (1983)

W.L. KIRKMAN, INC., Appellant,
v.
OKLAHOMA CORPORATION COMMISSION and Funk Exploration, Inc., Appellees.

No. 59385.

Court of Appeals of Oklahoma, Division No. 2.

December 20, 1983.
Released for Publication January 27, 1984.

Michael C. Mordy, Carson, Rayburn, Hirsch & Mueller, Oklahoma City, for appellant.

*285 David D. Hunt, II, Andrews Davis Legg, Bixler Milsten & Murrah, Oklahoma City, for appellee Funk Exploration.

Released for Publication by Order of Court of Appeals January 27, 1984.

*284 MEANS, Judge.

W.L. Kirkman, Inc., and Funk Exploration, Inc., both appeal from an order of the Oklahoma Corporation Commission. The Commission's findings and order concern a dispute between Funk and Kirkman over the reasonableness and propriety of expenses incurred by Funk in drilling a well. The Commission approved Funk's expenses, stating that the Commission had no power to determine whether or not decisions made by an operator were reasonable. Both parties contend that this statement of the Commission's power is erroneous. Having reviewed the record and applicable law, we reverse and remand.

In June 1980, Funk Exploration applied to the Commission for an order pooling the mineral interest owners in Sec. 15, T29N, R21W, Harper and Woods Counties. Among the mineral interest owners in this 640 acre unit is W.L. Kirkman, Inc.

After notice and hearing, the Commission issued Order No. 175730 which pooled the interest of Kirkman and other owners and designated Funk as the well operator. Pursuant to the terms of the order, Kirkman elected to participate in the well. None of the other owners elected to participate, and Kirkman became responsible for one half of the costs.

Order No. 175730 provided that participants were to pay their proportionate share of costs. Concerning these costs, the order provided:

For the purpose of this Order, the sum of $279,775 is the estaimted [sic] cost of drilling and completing a dry hole, and the sum of $514,035 is the estimated cost of drilling and completing a producing well. In the event there is a dispute as to such costs after said well has been completed, the Commission retains jurisdiction of this Cause for the purpose of determining such costs. (Emphasis added.)

Subsequently, Funk drilled and attempted to complete the Woolfolk Well, incurring actual costs of $850,832.09. As the Woolfolk turned out to be a dry hole, this cost is more than $570,000 higher than the estimated cost. Kirkman refused to pay its share of the costs, contending that these costs were unreasonable. Consequently, Funk filed an application with the Commission to determine reasonableness of the costs incurred.

On August 12, 1981, Trial Examiner Buchner heard evidence concerning the reasonableness of expenses incurred by Funk in drilling the Woolfolk Well. After hearing lengthy testimony from both Funk and Kirkman, the trial examiner concluded that $371,753.81 was the reasonable cost which should be attributed to the drilling of the well.

Funk filed exceptions to the trial examiner's report. In December 1981, the parties presented oral argument on the exceptions before the Oil and Gas Referees. The referees did not adopt the trial examiner's findings, but instead determined that the actual invoice costs submitted by Funk should be found to be the reasonable costs.

Kirkman filed exceptions to the referees' report and the cause was heard by the Commission. The Commission adopted the recommendations of the referees. Because most of the order is the subject of this appeal, a substantial segment is quoted below.

4. The Commission finds that the costs expended by the operator in the amount of $850,832.09 are reasonable and that it is necessary that the operator make decisions at the time, and further finds as follows:
a. This is a case in which substantial cost overruns were encountered in what appears to be a dry hole. The respondent, Wayne Kirkman, owns 50% of the unit. He refused to enter into a voluntary operating agreement with the applicant and therefore was pooled. He did not object to applicant being designated operator in the pooling case nor did he request operations. *286 Nevertheless, he evidently believed he was entitled not only to participate in the operator's decision-making function, but also to control the decisions that were made by the operator.
b. The first cost overrun occurred when the applicant was unable to obtain the $4,300-a-day rig that was expected at the time of the pooling hearing, and had to resort to a larger rig at $5,400 a day. Respondent states he had a rig that would have been available to the applicant, even though the rig was in the process of drilling another well when applicant commenced these operations. Respondent says he would have interrupted those operations and moved the rig onto applicant's drill site.
c. Circulation was lost while applicant was drilling through the fresh water zone and on the advice of a consulting engineering firm, applicant substituted foam for mud. Respondent contends that foam was too expensive and a lighter mud should have been used. The applicant paid $34 a barrel for frac oil purchased from a pipeline company. Respondent says that he would have sold the operator tank bottoms for only $3 to $4 a barrel.
d. With respect to the foregoing, reasonable and prudent operators disagree. Sometimes it does cost more to use the best equipment and material and sometimes it costs more in the long run to use the cheapest. In any event, the applicant was the designated operator. We find nothing in the record to indicate that other operators would not have made the same decisions. Without detailing respondent's many complaints, suffice it to say that on cross-examination, respondent admitted none of the invoiced prices were unreasonable. His sole objection was that in his opinion certain of the expenditures were the result of bad procedures and decisions.
e. The applicant tested and attempted completions in seven zones; this constituted the bulk of the cost overruns. Respondent says that none of the zones should have been tested nor had completion attempts made in them. Applicant's geologist, William L. Parker, testified that he was the well geologist in daily contact with drilling operations, that he examined samples and some sidewall cores, and that in his opinion, each of the zones should have been tested. He made that recommendation to the applicant and the Commission believes that a prudent operator will usually follow the advice of his geologist.
f. The Commission finds that the total amount of invoices presented by Funk Exploration is not questioned, that amount being $850,832.09; therefore, the actual expenditure of Funk Exploration is not questioned. Therefore in light of Wood Oil v. Corporation Commission [205 Okl. 537], 239 P.2d 1023 (Okl. 1950), the Commission finds no reason to make any other determination of costs.
g. This Commission does not purport to render judgment herein but does fix the costs of completing and operating the well. See Wood Oil Co. v. Corporation Commission, 268 P.2d 878 (Okl., 1953). Further, a Commission's order settling a dispute as to costs is not enforceable by the Commission. See Stipe v. Theus, 603 P.2d 347 (Okl., 1979).
h.

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676 P.2d 283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wl-kirkman-inc-v-oklahoma-corp-comn-oklacivapp-1984.