RAILROAD COMMISSION OF TEXAS - HEARINGS DIVISION

RAILROAD COMMISSION OF TEXAS - HEARINGS DIVISION Oil and Gas Docket No. OG-26-00030335 March 2, 2026 APPLICATION OF MESSER HELIUM CLIFFSIDE LLC (OPERATOR NO. 102360) PURSUANT TO STATEWIDE RULE 96 FOR A PERMIT TO OPERATE AN UNDERGROUND GAS STORAGE PROJECT IN A PRODUCTIVE OR DEPLETED RESERVOIR FOR THE BIVINS 26 (GAS ID NO. 300146) LEASE, WELL NO. A 3, THE BIVINS 26 (GAS ID NO. 297861) LEASE, WELL NO. A 6, THE BIVINS 26 (GAS ID NO. 297905) LEASE, WELL NO. A 13, AND THE BIVINS 26 (GAS ID NO. 297906) LEASE, WELL NO. A 14, CLIFFSIDE FIELD, POTTER COUNTY, TEXAS; DISTRICT 10 NOTICE OF HEARING Date, Location, and Place of Hearing - Notice is hereby given that a public hearing will be held at 9:00 a.m. on Thursday, April 2, 2026, at the offices of the Railroad Commission of Texas (Commission) located in the William B. Travis State Office Building, at 1701 N. Congress Avenue, Austin, Texas, in a room number to be posted in Docket Services on the 12th floor. If the hearing is not concluded on the day it commences, it will be continued from day to day until concluded. If you are planning to attend the hearing, please be aware of limited metered parking in the capitol complex area. You may find paid parking at the Bob Bullock Museum diagonally across the pedestrian area from the William B. Travis State Office Building or there is also a Capitol Visitors Parking Garage at 1201 San Jacinto Blvd. The first floor of the building is currently closed. For access to the building, you can enter through the ground level from Brazos St. You may want to consider additional time for parking and travel to the building. A map and additional information is available on the RRC website at https://www.rrc.texas.gov/about-us/organization-and-activities/visiting-the-railroad-commission/. Purpose of Hearing - The purpose of the hearing is to allow the parties to present evidence and consider all issues of fact and law raised in or relevant to the Application. The issues that may be addressed at the hearing include, but are not limited to, the following: A statement of the matters asserted and the nature of the Applicant's hearing request as provided in the attached Appendix A.Any other issues raised in the pleadings, evidence, or argument that are necessary for the Commission to render a final decision on the merits of this case. Failure to Appear - All parties, protestants or persons intending to participate at the hearing must attend the hearing. Failure to appear at any prehearing conference or the hearing in this case may result in dismissal of that party's claim or protest, or default against that party/protestant and claims. Tex. Gov't Code § 2001.056; 16 Tex. Admin. Code § 1.107. Appearance at Hearing - All persons or parties supporting, opposing or protesting this Application and intending to participate in the hearing must complete and file with Docket Services the enclosed Notice of Intent to Appear at Hearing form at least five business days prior to the hearing date in this Notice of Hearing. This form is required even if a prior written response was submitted to the previously issued "Notice of Application." A copy of the form should be served on the Applicant and any other parties of record. Legal Authority and Jurisdiction - The Commission has jurisdiction over Applicant and over the matters at issue in this proceeding pursuant to Tex. Nat. Res. Code title 3, subtitles A, B and C, Tex. Water Code chapters 26, 27 and 29, and Tex. Gov't Code chapter 2001. Particular Statutes and Rules Involved - The statutes and rules applicable to this proceeding include but are not limited to the following: Tex. Nat. Res. Code, title 3, subtitles A, B and C; Commission rules in 16 Tex. Admin. Code chapters 1, 3, and 4; Tex. Water Code chapters 26, 27 and 29; and Statutes and rules referenced in Appendix A, if any, of this Notice of Hearing. Continuance of Hearing - Any request for continuance of this hearing must be filed in Docket Services no later than five business days prior to the hearing date. Copies of such request must be served to all parties shown on the service list. 16 Tex. Admin. Code § 1.45(a)(1). Ex parte Communications Prohibited - Ex parte communications (e.g. phone calls and emails) with the examiners and Commissioners are prohibited. Tex. Gov't Code § 2001.061; 16 Tex. Admin. Code § 1.7. Written Transcript of the Hearing - If a case is protested or becomes protested, the party requesting commission action in this case will need to obtain a court reporter no later than 21 days before the hearing. Typically, this would include the applicant, complainant, and similarly situated parties in other types of cases. See 16 Tex. Admin. Code § 1.111. If an examiner or party requests a written transcript, the Commission may assess the cost to one or more parties. This includes paying the court reporter's fees for the preparation of the original transcript for the Commission's official records and one copy for use by the examiners in preparing their written recommendation. To obtain a court reporter, contact Kennedy Reporting Service at (512) 474-2233 or order@kennedyreporting.com. Hearing Exhibits - All exhibits must be clearly marked and submitted in duplicate. If a party wants to offer an exhibit admitted in a prior proceeding, the party must provide a properly identified copy as an exhibit for the record in this proceeding. Additionally, if a court reporter is used, a copy of all exhibits must be given to the court reporter at the time of the hearing. Auxiliary Aids or Services for Persons with a Disability - Any individual with a disability who needs auxiliary aids and services to have an equal opportunity to effectively communicate and participate in the hearing must request such aids or services at least two weeks prior to the hearing by notifying the Commission's Docket Services by mail at P. O. Box 12967, Austin, Texas 78711-2967 or by telephone at (512) 463-6848 or TTY/TDD No. (800) 735-2989. Audio/Visual Computer Presentations - All requests for setting up a presentation need to be made in writing no less than three business days prior to the hearing date. Please contact Docket Services to complete a Presentation Setup Help Desk Questionnaire Form. Service List - The Applicant shall review this Notice of Hearing and the Certificate of Service for accuracy and completeness and shall immediately notify Docket Services of any discrepancy or omission. THIS HEARING WILL BE NOTICED BY PUBLICATION APPENDIX A This hearing is held to consider the application of Messer Helium Cliffside, LLC (Operator No. 102360) pursuant to Statewide Rule 96 (16 Tex. Admin. Code § 3.96) for a permit to operate an underground gas storage project in a productive or depleted reservoir for the Bivins 26 (Gas ID No. 300146) Lease, Well No. A3, the Bivins 26 (Gas ID No. 297861) Lease, Well No. A 6, the Bivins 26 (Gas ID No. 297905) Lease, Well No. A 13, the Bivins 26 (Gas ID No. 297906) Lease, and Well No. A 14, Cliffside Field, in Potter County, Texas; District 10. Documents filed in a case are viewable in the RRC Cases online portal. To access the portal, go to https://www.rrc.texas.gov/hearings/rrc-cases/, click on "Find a Case" and enter the docket number in the search box in the upper right-hand corner of the screen that appears. If you have questions regarding this Application, please contact the Applicant's representative, John Arnold, at (713)226-1383 If you have any questions regarding the hearing procedure, please contact Docket Services at (512) 463-6848 or at Room 12-110. Additional information about the hearing process can be found at www.rrc.texas.gov/hearings. The Commission's Statewide Rules are available on the Commission's website at https://www.rrc.texas.gov/general-counsel/rules/current-rules. The enclosed Notice of Intent to Appear (or a copy thereof) must be filed by each party not later than five business days prior to the hearing. Failure to do so may lead to the hearing being canceled. In protested matters, failure by a protestant to timely file a Notice of Intent to Appear may result in dismissal of the protest. All Persons intending to observe or participate in this matter are strongly encouraged to file the enclosed Consent to Electronic Service and Notification together with the Notice of Intent to Appear. Information regarding access to the hearing will be provided to those who submit a notice of intent to appear. Instructions for the pre-filing of evidence will be transmitted to the parties within a reasonable time prior to the hearing date. Check the Weekly Hearing Schedule on the Commission website at: http://www.rrc.texas.gov/hearings/hearing-schedules/ the day prior to the hearing to confirm that it will go forward as scheduled. March 5, 12, 19 2026 LACO0470545