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ie ROY COOPER - MICHAEL S. REGAN Environmental Secretary Quality September 15, 2017 James Womack 1615 Boone Trail Rd Sanford, NC 27330 Dear Mr. Womack, ‘We are in receipt of your email dated September 12, 2017, wherein you notified the Department of Environmental Quality (DEQ) and the Department of Justice (DOJ) of your intention to hold the inaugural meeting of the North Carolina Oil and Gas Commission (Commission) on September 20, 2017. ‘We are in consultation with the Boards and Commissions Office, DOJ, and our internal General Counsel ‘on the composition and makeup of the Commission per N.C.G.S. §143B-293.2. As articulated below, we believe that two factors affect the Commission's ability to lawfully convene & ‘meeting on September 20, 2017. First, it appears that you are not a current member of the Commission as your appointment was made prior to the enactment of Session Law 2016-95, which in Section 7, modified the appointments to the ‘Commission in accord with the holding of McCrory v. Berger. ‘Second, we have concerns regarding the ability of members to lawfully serve, constitute a quorum, or act without approved statements of economic interest as required by the State Government Ethies Act (Chapter 138A of the North Carolina General Statutes). ‘Together, these deficiencies affect the Commission’s ability to lawfully hold a meeting on September 20, 2017, and as a result, DEQ and our staff cannot support its efforts under the current circumstances. 0 Gilfe— john A. Nicholson, Chief Deputy Secretary Department of Environmental Quality cc: Jennie Hauser, Office of the Attomey General State of North Carona | Environmental Quay 21 West jones Sret | 601M Service Center | Raleigh North Carina 276994601 919707 8600