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Bankrupt Norse Energy to Sell NY Leases – Who Will Want Them?

auctionThe “little energy company that could” has become the “little energy company sunk by Andrew Cuomo.” A pair of press releases from Norse Energy Corp. yesterday tell the sad story. Norse, with 130,000 leased acres in New York State (most of it in the Marcellus & Utica Shale) had been hanging on by a thread, waiting for shale drilling to begin. The company filed for bankruptcy last December, clinging to the promise that Cuomo and the state Dept. of Environmental Conservation were about to release new fracking rules (see Norse Energy Hurt by NY Fracking Delay Files for Bankruptcy). If shale drilling had been allowed even starting this spring, there’s a chance Norse could have pulled out of bankruptcy and continued. Alas, the new fracking rules have still not been released, and now Norse will be forced to sell off the only assets it has left: its leases…
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Norse Energy 1Q13: Still Holding on in NY…by a Thread

hanging by a threadDid NY Gov. Andrew Cuomo kill off driller Norse Energy by refusing to allow fracking and drilling in the state? We would argue the answer to that question is “Yes!”. Of course there’s no one reason why a company sinks or swims, but clearly the root cause of Norse Energy’s impending sinking is because New York has refused to let them drill on the 130,000 acres they currently hold under lease. According to MDN’s reading of Norse’s first quarter 2013 report (full copy embedded below), Norse is very close to turning out the lights. A single politician–Cuomo–is the person most responsible.
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New Rough Patch for Norse Energy: Force Majeure Lawsuit

lights out?Is this lights out for Norse Energy in New York State? The company owns leases for some 130,000 acres of land in New York State. All of it is in either the Marcellus or Utica Shale play window with 33,000 acres in the liquids-rich area, according to Norse. Just one problem: New York has not allowed drilling going on five years. That delay caused Norse to file for bankruptcy last December (see Norse Energy Hurt by NY Fracking Delay Files for Bankruptcy).

Norse has tried valiantly to hold on, even through bankruptcy. But now they have a different problem: A group of 89 landowners with a collective 6,314 acres in Broome, Chenango and Madison counties who signed with Norse are suing the company because Norse sent a notice of force majeure. Force majeure means the leases, which otherwise would now be expired (after five years), can be kept in place until New York opens up to allow drilling. The landowners and their lawyer say the moratorium on fracking is not an unforeseen “Act of God” circumstance which would trigger force majeure–Norse says it is. Who’s right?
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Breaking: NY Court Upholds Local Town Frack Bans

Winston ChurchillIt is a day of disappointment, but also a day of resolve, for landowners in New York State. Yesterday, the NY Supreme Court Appellate Division in a 4-0 decision ruled towns have the right to ban hydraulic fracturing and natural gas drilling. MDN has previously chronicled the long fight against a simple majority of three town board members unilaterally stripping away the rights of all property owners in a township to allow natural gas drilling. The matter came to a head when lawsuits were filed in two of those cases, the towns of Dryden (Tompkins County, near Ithaca), and Middlefield, (Otsego County, near Cooperstown)–see Town Frack Ban Cases Heard in NY Supreme Court Appellate Division for important background information.

The 77,000-member Joint Landowners Coalition of New York, whose lawyer, Scott Kurkoski, represented a JLCNY member in the Middlefield case, has responded to the loss (below) by saying they intend to appeal the decision to the next, and highest, court in New York–the Court of Appeals. MDN has a copy of the court’s decision (embedded below), reaction from the near-orgasmic anti-drilling eco-nuts, and our view of what it all means for the future of drilling in NY…
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Exclusive: First NY Marcellus Wells to be Drilled are Identified

breaking news

NOTE: Please see the correction to this story on this page:
MDN Editor Jim Willis Corrects “First NY Marcellus Wells” Story.

An astute MDN subscriber sent us a tip that the New York Dept. of Environmental Conservation (DEC) updated their “Notices of Intent to Issue Well Permits” web page last night at 7:00 pm (Feb 14, 2013). In the list of well permits they “intend” to issue are 43 Marcellus Shale wells and 1 Utica Shale well.

Does this mean DEC Commissioner Joe Martens is getting ready to accept the SGEIS and issue permits? We believe it’s still too early for optimism on that front. However, if New York does decide to move forward and issue drilling permits “within 10 days” after accepting the SGEIS drilling rules, it stands to reason the wells in this list will be the very first wells to receive permission to drill.

We’ve harvested the information for all of the “Intent to Issue” wells, looking up each latitude and longitude and translating it into a street address. We’ve also rearranged the information in an easier to scan and understand format. You won’t find this information anywhere else but on MDN…

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Norse Energy: We’re Still Here, We Still Need Money & We Have Gas

In a pair of press releases issued yesterday, the now bankrupt Norse Energy Corp. wanted to let the market know “we’re still here, we’re still looking for investors, and we’re still hanging on by a thread hoping that New York allows us to start drilling any time now.” That’s about the sum total of what was said.

If New York does begin to issue shale drilling permits (a really big “if”), Norse is likely to be one of the first companies to receive permission to drill because they are one of the first companies to file permit applications for drilling in the Marcellus/Utica in New York.

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Norse Energy Hurt by NY Fracking Delay Files for Bankruptcy

Consquences ahead signContrary to what anti-drillers say, lack of drilling in New York does have serious consequences—the latest consequence being the bankruptcy of Norse Energy Corp. MDN has reported over the past several years on Norse, the “little energy company that could” (we had hoped) hang on until New York released new shale drilling rules. But New York’s moratorium has now stretched on nearly 4 1/2 years and frankly, there’s no end in sight.

In mid-November Norse issued a press release saying they would run out of money in December unless they could restructure their debt (see this MDN story). They only had $1.5 million cash on hand at the time. Then, a few weeks later, a judge ordered Norse to put $7.65 million into an escrow account to cover potential losses in a dispute (see this Norse press release). Apparently the escrow judgment pushed Norse over the financial cliff. They’ve now filed for Chapter 11 bankruptcy protection:

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New Marcellus/Utica Pipeline Planned for NY Southern Tier

Someone beside Norse Energy is holding out hope that New York will soon allow fracking of the Marcellus and Utica Shale—and they’re willing to spend money on that gamble. EmKey Gathering has just purchased a 75-mile right-of-way from Norse Energy that stretches from Madison County through Chenango County and into Broome County—all of those counties in New York State’s Southern Tier region.

EmKey hopes to hook up local shale gas wells, once they’re drilled, to the Millennium Pipeline, an interstate pipeline that runs through Broome County.

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Norse Energy Will Run Out of Money in December

Norse Energy issued a press release last week to update stockholders and investors on where the company stands with its finances. Bottom line? Unless something changes, the company will run out of money in December. They have $1.5 million in the bank and that will get them through to December. If the people who have loaned them money (floated them bonds) don’t rework the financing, or if Norse can’t come up with more money from somewhere—like now—let’s just say it’s not good news.

Norse is still holding out hope that New York, where they have some 130,000 acres under lease, will finally allow fracking to commence. That gamble (so far) has not paid off. Here’s the Norse statement issued yesterday:

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Norse Energy 3Q12: Revenue Down 33%, Waiting on NY Moratorium

Norse Energy is the plucky drilling company still holding on in New York State. MDN has written quite a bit about Norse. They rolled the dice and bet on acreage in New York State (brave people). Norse currently holds some 130,000 acres of leased land in New York. Problem is, there’s no shale gas drilling in New York and there hasn’t been for 4 1/2 years. All of which has caused Norse to do everything but sell off the kitchen table in an effort to “hang in there” until the day New York does finally allow drilling.

Yesterday Norse released their third quarter financial and operational update. Oil and gas revenue for Norse was down 33% from one year ago. The company says they produced less gas, and the gas they did produce was sold for less money (due to the low commodity price) than gas from a year ago, which led to the decrease in revenue.

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Will Drillers Bother to Show Up if NY Allows Fracking?

yes no maybeA new article by Platts asks the question MDN is often asked: “If shale drilling is allowed in New York State, will any drillers bother to show up and drill?” The Platts article quotes a number of experts who say, in a word, “no.” MDN has heard the same “no” sentiment from other experts as well. We’ve grappled with this issue in the past (see this MDN story from March 9, 2011).

These days, MDN has a contrary-to-popular-opinion position on the question of whether drillers will want to drill in New York soon after it’s allowed. But first, the viewpoints of those who say no:

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Important Developments in NY Fracking Ban Court Cases

court gavelThere’s been an important development in two cases on appeal in New York State courts that challenge municipal bans of fracking. The two cases challenge municipal fracking bans in the Town of Dryden, NY (see this MDN story for background) and the Town of Middlefield, NY (see this MDN story for background).

According to lead attorney Tom West, all the necessary paperwork for both cases has been filed (called “perfecting” the case). West believes both cases will make it onto the Appellate Division of the Supreme Court docket for an early February hearing of oral arguments. The Appellate Division typically issues an opinion 6-8 weeks following oral arguments, so we should have a decision by late spring. In addition and of keen interest, the plaintiff in one of the cases has changed.

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Norse Energy: We’re Still Here, Still Hanging On in NY

Good ol’ Norse Energy—the Norwegian-based driller who rolled the dice on New York State and (so far) lost the bet. You have to admire Norse. They signed a lot of acreage in Upstate New York—some 130,000 acres. Their intent was to frack the shale—but something happened on the way to the fracking dance. NY slapped a moratorium on shale gas drilling that’s now gone on for 4 1/2 long years.

Norse has done what it can to stay solvent ahead of NY’s release of permits to drill. They hope to be among the first to receive said permits when NY finally moves forward (they have already filed for permits). Every now and again Norse issues a press release to essentially say, “We’re still here and still hanging on.” This is the latest such release:

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Norse Stock Options for Key People: Something in the Wind?

Something in the WindNorse Energy, a driller who has gambled on New York State allowing hydraulic fracturing (and has so far lost that gamble), just awarded stock options to a few key employees, including the CEO, CFO, Chief Legal Officer (CLO), and several vice presidents. Typically an organization floats stock options to key people in order to keep them from jumping ship before the company either hits it big or sells out to another company.

Is Norse considering a sale of the entire company? MDN doesn’t have a clue. If they are, it likely would not happen for at least a year or two—long enough for the New York moratorium on fracking to be lifted and for drilling to begin. Once that happens, Norse believes they will be in the pole position—perhaps even first in line—to receive permits to drill in the Marcellus and Utica Shale. And what better time to sell than that?! When the moratorium is lifted, if Norse receives many or even most of the permits to drill, their stock will soar.

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Norse Energy Continues Stock Sales to Generate Cash

Norse Energy is an interesting company. MDN has written plenty about them. They have 130,000 acres of leases in, of all places, New York State. And they’ve been waiting, along with everyone else, four long years to begin drilling. And they’ve done whatever they can to stay in business, selling off assets, selling ownership slices of the company, floating bonds (debt), obtaining loans—whatever they can.

On one hand you have to have tremendous respect for a company that hangs tough. On the other hand, you want to ask them if they need their heads examined for betting the ranch on the vagaries of New York politicians.

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Norse Sells Another Slice to Shareholder Megaron for $2M

It looks like today’s “extraordinary shareholder’s meeting” for Marcellus & Utica Shale driller Norse Energy, held at corporate HQ in Norway, has yielded the desired result. As MDN pointed out in our sneak preview of the shareholder presentation (see this MDN story), Norse was pitching existing shareholders on the concept of giving Norse more money to drill because “New York is almost ready to allow drilling” and when that happens, Norse will need the cash to ramp up operations. (Plus, they need the cash to keep going until then.)

Norse just issued a press release that they’ve raised an additional $2 million from existing shareholder Megaron AS, who agreed to a convertible loan. It was a good deal (potentially) for Megaron—they’re getting 10% interest on the loan.

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