File No. 2182 Board Order No. 2182-1 ____________________
July 6, 2021
SURFACE RIGHTS BOARD IN THE MATTER OF THE PETROLEUM AND NATURAL GAS ACT, R.S.B.C., C. 361 AS AMENDED
AND IN THE MATTER OF SECTION 25 TOWNSHIP 86 RANGE 17 WEST OF THE 6 TH MERIDIAN PEACE RIVER DISTRICT, EXCEPT THE SOUTH AND EAST 80 FEET (The “Lands”)
BETWEEN: Wendy Harrington and Ben Harrington
AND: Procyon Energy Corp. (RESPONDENT)
____________________________________ BOARD ORDER _____________________________________
HARRINGTON v. PROCYON ENERGY CORP. ORDER 2182-1 Page 2
This is an application brought under sections 164 and 176 of the Petroleum and Natural Gas Act. The Applicants seek an order for payment of unpaid rent and seek an order suspending right of entry to the Lands until the rent has been paid.
The Applicants, Wendy Harrington and Ben Harrington, are the owners of the Lands described as: SECTION 25 TOWNSHIP 86 RANGE 17 WEST OF THE 6 TH MERIDIAN PEACE RIVER DISTRICT, EXCEPT THE SOUTH AND EAST 80 FEET. The Respondent, Procyon Energy Corp., is the operator of a well site on the Lands. The Respondent’s right of entry to the Lands for the purpose of operating the well is pursuant to Board Order 1935-1 dated May 29, 2017. Pursuant to Board Order 1935-36-37-2, Procyon Energy Corp. is required to pay rent of $4,100.00 to Wendy Harrington and Ben Harrington annually on May 29.
Procyon Energy Corp. failed to pay the rent owing under Board Order 1935-36-37-2 as of May 29, 2021. Pursuant to section 176 of the Petroleum and Natural Gas Act, the Board determines that Procyon Energy Corp. owes Wendy Harrington and Ben Harrington $4,100.00 in unpaid rent plus interest from May 29, 2021.
The Board orders as follows: 1. Procyon Energy Corp. shall forthwith pay to Wendy Harrington and Ben Harrington the sum of $4,100.00 plus interest calculated in accordance with the Court Order Interest Act from May 29, 2021.
2. Procyon Energy Corp’s right of entry to the Lands granted under Board Order 1935-1 is suspended until rent owing has been paid or until further order of the Board subject to entry being required in an emergency or to comply with an order of the Oil and Gas Commission.
3. The Applicants are entitled to reasonable costs. The Board retains jurisdiction to determine the amount of costs payable in the event the parties cannot agree.
DATED: July 6, 2021 FOR THE BOARD
_____________________ Cheryl Vickers, Chair