Chesapeake Agrees to $30M Royalty Settlement for PA Landowners
Chesapeake Energy is holding out an olive branch to Pennsylvania landowners–the offer of settling a years-old class action lawsuit for $30 million–as reparations for shafting PA landowners out of royalties. But–and it’s a big but–Chesapeake is also snatching the olive branch away unless/until the PA Attorney General’s office resolves its separate lawsuit against Chesapeake for the same thing. No deal with the AG? No final settlement. Chesapeake’s lawyer calls it “global peace”–which we find amusing. The lawyer said “we need global peace,” meaning both lawsuits must be settled. His comment reminds us of the recent song blaring on the radio over the holidays called, “My Grown-Up Christmas List.” Yeah, don’t we all want “global peace.” Chesapeake’s proffered deal will give the average PA leaseholder (some 14,000 of them) a one-time $2,140 payment–adjusted up or down for the size of their acreage. Frankly, it’s chump change. The big concession by Chesapeake in the proposed deal is that it gives landowners the right to clarify the terms of their leases: “Every Chesapeake lessor will get to pick how their royalties are paid going forward.” Landowners can choose to continue letting Chesapeake market the gas outside of the region (theoretically for a higher price) but requiring the landowner to share in post-production expenses with Chessy as has been the case, OR landowners can rework the lease so there are no post-production expenses deducted. In the second case royalties will be based on the local price of gas in that landowner’s area (typically in the basement). It’s a tough decision. So, landowners got shafted in the past, but the past is the past. Going forward, let’s not get shafted any more. That’s what this proposed deal seems to boil down to. Oh, and throw in a few grand as the cherry on top. The billion dollar question is whether or not the AG’s office will go for it. The AG’s office is signaling it may settle, IF Chesapeake picks a number higher than $30 million as a settlement number…
Read More “Chesapeake Agrees to $30M Royalty Settlement for PA Landowners”
Yesterday a Pennsylvania federal judge denied a group of 600+ Marcellus Shale landowners’ request to form a class action in arbitrating a royalty case against Chesapeake Energy. Although the judge’s decision is a disappointment for landowners, his decision should come as a surprise. In April, the same judge, U.S. District Judge Matthew Brann for the Middle District of PA, telegraphed that the landowners, under the law (and under the leases they signed) did not have a right to form a class action (see 
Two African-American Marcellus Shale natural gas workers in the Williamsport, PA area claim they were fired, twice, based in part on their race. The two filed a lawsuit against STI Group (a staffing agency) and Chesapeake Energy. The case was thrown out by U.S. Middle District of Pennsylvania Court, but later reinstated on appeal by the 3rd Circuit Court of Appeals. Rather than let the case drag out endlessly, STI and Chesapeake have just settled it. The amount of money they had to pay to make it go away was not disclosed. Workers are hired and fired all the time. Ours is a boom/bust industry. Was this really a case of racism? Or just a case of boom and bust? You read the details and decide for yourself…
A Bradford County, PA judge has turned down Chesapeake Energy’s attempt to wiggle out of a royalty lawsuit on a technicality. However, the judge also punted the case to a higher court to settle what he calls “novel questions of law”–rather than spending more time and money on such issues at the county court level. This is good news for landowners in Bradford County who have been shafted by Chesapeake’s royalty scheme to shift the cost of piping and processing to landowners by using inflated values for those services. In December 2015, Pennsylvania’s felony-indicted Attorney General, Kathleen Kane (now gone), brought a lawsuit against Chesapeake Energy, Anadarko and Williams accusing them of, among other things, royalty fraud (see 
Yesterday America’s natural gas and oil industry announced “a landmark partnership”–called the Environmental Partnership–to “accelerate improvements to environmental performance in operations across the country.” How will they do that? The first area of focus will be to reduce methane and volatile organic compound (VOC) emissions. The Environmental Partnership includes 26 natural gas and oil producers, including several major Marcellus/Utica drillers (Chesapeake Energy, Cabot Oil & Gas, Chevron and Southwestern Energy). The list of 26 produce a “significant portion” of American energy resources–we’d peg it at around 80% of all production. The participating companies (full list below) will begin implementing the voluntary program starting January 1, 2018. Did you get that? It’s VOLUNTARY. Yet they will do it and they will voluntarily hold themselves and each other accountable–because they are good corporate citizens and (gasp) actually care about the environment. They don’t need the jackboot of government to force them to do it. Here’s how profoundly biased mainstream media reports it: Oil Firms Pledge to Plug Methane Leaks in Bid to Burnish Image (Bloomberg News). Yep, according to the anti-everything people, these companies are only doing it to “burnish” their image. They don’t really care about the environment. They’re evil, nasty fossil fuel companies (icky). MDN readers know differently. These companies are respectable, providing jobs and investment in local communities AND protecting the environment in those same communities–where they live. The other side? Groups like the Sierra Club destroy jobs in the name of “protecting” Mom Earth…
A month ago MDN brought you the news that the U.S. District Court in Akron, OH had made a major ruling that affects all Utica landowners and drillers (see 
Yesterday the 800-pound gorilla in the natural gas space, Chesapeake Energy, issued its third quarter 2017 update. One of the highlights during the analyst phone call was CEO Doug Lawler’s bragging about the “world class” Marcellus Shale. During 3Q17 Chessy drilled and put online two Upper Marcellus wells in Susquehanna County, PA that turned in peak initial flow rates of 29.6 and 29.8 million cubic feet per day (Mmcf/d) of natural gas, which is 50% higher than previous Upper Marcellus wells drilled by Chessy. The company used 3,000 pounds of sand per foot in fracking the wells. On the down side, Chesapeake lost $41 million for the quarter after making $470 million in profit during the previous quarter. However, when compared with the same quarter last year (3Q16), losing $41M ain’t so bad. In 3Q16 Chesapeake lost $1.3 billion. The company’s stock price continues to be low, bumping along in the mid-$3 range ($3.66/share as of this morning when we checked). One odd statement from Lawler on the phone call. He said this: “I’m pleased to report our production has started to decline as forecasted following the previously announced weather-related operational delays experienced during the quarter.” He’s “pleased” production is down?! Yes, the company did previously forecast a drop in production–but how can you be “pleased” with that? Converting all hydrocarbons Chessy produces (natural gas, oil, condensate, NGLs) into barrels of oil per day, Chessy produced 542,000 barrels of oil equivalent per day (boe/d) in 3Q17, versus producing 638,000 boe/d in 3Q16–a drop of 15%. Combining the Marcellus and Utica, Chessy produced 246,000 boe/d in 3Q17 versus producing 261,000 boe/d in 3Q16–down 5.7%. The company currently operates 14 drilling rigs across all plays–two of them in the Marcellus/Utica. Below is the full 3Q17 update, including financials, select portions of the analyst phone call, an updated slide deck, and analysis by Reuters…
In September 2016, Chesapeake Energy filed disclosure forms with the Securities and Exchange Commission which says the U.S. Dept. of Justice (DOJ), a number of states, and even the U.S. Postal Service have served the company with subpoenas for information (see 
The U.S. District Court in Akron, OH has just made a major ruling that affects all Utica landowners and drillers. In 2015, the Ohio Supreme Court accepted a case that will sound familiar to readers of MDN. The case, known as Lutz v. Chesapeake Appalachia, is about whether or not drillers (Chesapeake in this case) are allowed to deduct certain post-production costs from landowner royalty checks. The Ohio Supremes were asked to decide whether Ohio follows the “at the well” rule, which permits the deduction of post-production costs, or if the state follows the “marketable product” rule, which limits the deduction of post-production costs under certain circumstances. The Supremes came down off Mount Olympus in November 2016 to render their verdict (see 
Reuters ran a story yesterday quoting an analyst with Tudor Pickering who says he thinks Chesapeake Energy is actively considering a sale of some (most? all?) of its Marcellus and Utica Shale assets, as a way of helping raise $2-$3 billion which the company previously said it would raise from asset sales this year and next. Idle speculation? Perhaps. There’s no doubt Chesapeake has a real jewel in its Utica and Marcellus acreage–built by Aubrey McClendon back in the day. Would Chessy really consider selling it? The Tudor analyst says yes, because these days the company is concentrating on oil drilling and production more than gas. But is that really true?…
Yesterday we brought you the “Top 10” drillers in southwestern Pennsylvania, as ranked by the number of permits issued (see 
Chesapeake Energy CEO Doug Lawler says the company plans to drill a test Utica Shale well in its core Marcellus acreage in Bradford County, PA sometime early next year. Which is really big news. Bradford is in the northeastern corner of the state, next door to Susquehanna County (east of Bradford). Susquehanna and Bradford have been heavily drilled by Chesapeake–at least in the Marcellus. Both counties sit in the “dry gas” (methane only) zone of the play, with no NGL or oil production, according to MDN’s forthcoming Marcellus and Utica Shale Almanac (stay tuned for more details about the Almanac). There have been very few, if any, shale wells drilled into the Utica in either Bradford or Susquehanna. However, there have been a few Utica wells drilled in Tioga County, which shares a border with and sits west of Bradford. And beyond Tioga (in the northerntier) sits Potter County, where there are more Utica wells. So Chessy wants to see if the Utica in Bradford may be productive. Lord knows the company has enough locations. According to the forthcoming Almanac, Chesapeake had 473 actively producing shale wells in Bradford in 2016. Now if we could only get Chesapeake to stop screwing landowners out of royalties…
British banking powerhouse Barclays is holding its annual Barclays CEO Energy-Power Conference this week in New York City (at the Sheraton in Times Square). Media is not allowed–we’ve tried to score a pass in the past and were turned down flat. The top brass for many different types of energy companies show up to brief investors on the latest goings on within their companies. Some of the companies showing up have a major presence in the Marcellus/Utica, including the largest natural gas producer in the U.S.–Chesapeake Energy. Chessy CEO Doug Lawler provided an update at the Barclays event yesterday. The interesting thing is, Lawler’s talk was recorded and transcribed for all the world to read, on the Seeking Alpha investor’s website. Looks like someone from the media was admitted to the event (sour grapes). Lawler spoke about the company’s accomplishments over the past few years. He also spoke about each of the major shale plays where they operate, including both the Marcellus and Utica. Among Lawler’s statements: He called the M-U, “a very, very strong producing area for the Company.” He went on to say this about the Marcellus: “When you think about the Marcellus, the stability of that asset, the cash flow it generates, it’s world class.” Thanks Doug! We (in the Marcellus) appreciate the compliment. He said the Utica is a “potential growth” area for the company. Below is the portion of Lawler’s remarks where he talks about our region…
When a driller sinks a hole in the ground looking for one hydrocarbon–like natural gas–other hydrocarbons also come out of the ground. Sometimes its oil. Sometimes condensate. Sometimes natural gas liquids (NGLs), including ethane, propane, butane, pentane, etc. In northeast and central Pennsylvania where the Marcellus Shale is prolific, most of what comes out of the ground is just methane–or natural gas. However, in the southwestern portion of PA, and in the northern panhandle of WV and on into eastern OH, it’s a different story. They are considered “wet gas” areas because (depending on the county) the wells are prolific NGL producers. Most NGLs, like propane, fetch much higher prices than plain old methane. Typically ethane is the NGL that mostly comes out of the ground, but for many drillers ethane can’t (yet) be sold, so it’s considered a “waste” product, mixed into the methane stream to get rid of it. But that’s changing. There are now pipelines to carry ethane to facilities in both Philadelphia and to a cracker plant in Canada. There’s even a pipeline for ethane (and other NGLs) that goes all the way to the Gulf Coast (ATEX, Appalachia to Texas). Some of the largest Marcellus/Utica drillers now have markets for their NGLs, so they are ramping up production and selling more NGLs. In fact, six of the eight largest M-U drillers increased their NGL production in the second quarter of 2017 compared to 2Q16. Which six increased, and which two decreased NGL production last quarter?…
Chesapeake Energy reported second quarter 2017 results last week. As is typical, the company hosted a conference call with analysts to discuss those results. However, Chesapeake CEO Doug “the ax” Lawler had some rather exciting news about the Marcellus to report–late breaking news. In recent weeks Chesapeake has brought online an experimental well drilled in Wyoming County, PA (northeastern part of the state) with an initial production of 61 million cubic feet equivalent per day (MMcfe/d). This is a MONSTER Marcellus well! The most productive onshore shale well we know of is EQT’s Utica well in Greene County, PA, with a 72.9 MMcfe/d IP rate, drilled in July 2015 (see 
In December 2015, Pennsylvania’s felony-indicted Attorney General, Kathleen Kane (now gone), brought a lawsuit against Chesapeake Energy, Anadarko and Williams accusing them of, among other things, royalty fraud (see