Home News City Hall’s Letter to PXP Seeking Hard Fracking Information

City Hall’s Letter to PXP Seeking Hard Fracking Information

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Four days, and the clock is inexorably ticking in the newest chapter of the Fracking Wars that have become a national – if not nationalized – sensation.

Here is the much talked-about letter that City Atty. Carol Schwab, at the City Council’s behest, sent on Wednesday to PXP.

By Tuesday, City Hall expects the drilling company Plains Exploration & Production Co., to have preliminarily responded to its 1340-word letter (below) seeking detailed answers to an exhaustive list of popular and arcane questions before a fracking ordinance is crafted.

Mayor Andy Weissman said this afternoon the City Council would like to vote on a presumably record-strict drilling ordinance on all Culver City land – including 10 percent of the Inglewood Oil Field – by autumn.

In the letter, Ms. Schwab established two deadlines, by Tuesday a promise that PXP will, in a timely and comprehensive manner, respond no later 30 days from July 24 to all of Culver City’s questions about fracking.

While Ms. Schwab and Mr. Weissman both told the newspaper that there is not anything adversarial about the letter, they made it emphatic near the top of the message that the next step, a legal squeeze, will be taken if necessary.

“I am confident PXP will respond to our request,” Mr. Weissman said.

The letter:

July 24, 2012

Steven P. Rusch
Vice President Environmental, Health, & Safety
and Government Affairs
Plains Exploration & Production Company
5640 S. Fairfax Ave.
Los Angeles, CA 90056

Dear Mr. Rusch:

At its regular meeting of July 2, 2012, the City of Culver City (“City”) directed this office to obtain certain information from Plains Exploration & Production Company (“PXP”). Accordingly, we request that PXP please provide the documents and other information as set forth in Enclosure A to this letter (the “Information Request”).

The requested information is necessary for the City Council to use in adopting legislation relating to oil and production activities within the City’s jurisdiction. The requested information is relevant to determine the potential impact of such oil and production activities on the environment, public health and safety and land use.

We request that in responding to the Information Request, PXP provides both a narrative response to each request and such documents as are necessary to completely and accurately respond to the Information Request. We also request that within seven (7) days of receipt of this letter, PXP provides the City with written acknowledgment that it will provide a complete and accurate response to the Information Request within the next thirty (30) days (the “Acknowledgement”).

In the interest of working with PXP in obtaining the requested information, the City is sending this letter in lieu of an administrative subpoena authorized by Culver City Charter § 607(e) and California Government Code § 37104. Please be advised, however, that if the City does not receive the Acknowledgment, or does not, in its sole opinion, receive a complete and accurate response, the City may issue an administrative subpoena requiring PXP to produce documents and appear and testify before the City Council.

The City Council looks forward to your cooperation in this matter.

Sincerely,

Carol A. Schwab

City Attorney

ENCLOSURE A