CNX Resources | Energy Companies | Industrywide Issues | Pennsylvania | Regulation | Statewide PA | Washington County
CNX’s DeIuliis Explains Why He Did a Deal with the Devil (Shapiro)
On Friday, MDN brought you the news that CNX Resources CEO Nick DeIuliis had signed a voluntary deal with Pennsylvania Gov. Josh Shapiro to expand drilling setbacks and several other regulatory steps not mandated for shale drillers under PA law (see CNX Signs Deal with PA Gov. to Increase Setbacks, Other Changes). DeIuliis spoke to the Pittsburgh Business Times on Friday (a day after signing the deal) to explain his thinking and why he signed the agreement.
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We have to confess this news came suddenly out of left field. And we’re still struggling with what to make of it. Yesterday, CNX Resources CEO Nick DeIuliis, author of 
Yesterday, CNX Resources issued its third quarter 2023 update. Even with a crash in the price of natural gas this year, CNX generated $21 million in net profit during 3Q23 versus losing $427 million in 3Q22. The company also managed to generate $19 million in free cash flow in 3Q23. Of particular interest for us is that of the 13 new wells brought online during the quarter, four of them were drilled under runways at Pittsburgh International Airport. CNX has a public-private partnership with the airport to drill wells on airport property. The original plan called for 45 wells, but as of last year, only 14 wells had been drilled (see 
A dozen residents from Greene County, PA, filed a lawsuit on Monday against the East Dunkard Water Authority and several private companies, including CNX Resources, claiming (among other things) that wastewater from CNX’s fracking work in the Marcellus Shale “tainted the water supply in Dunkard Creek” and that the tainted water has affected the health of those drinking and using it. Just remember, anyone can sue anyone for anything. That doesn’t mean the party being sued is culpable in any way, nor the lawsuit is legitimate.
New shale permits issued for Sep 18 – 24 in the Marcellus/Utica were roughly the same as the prior week. There were 21 new permits issued last week, down 1 from permits issued two weeks ago. Last week’s permit tally included 11 new permits in Pennsylvania, 4 new permits in Ohio, and 6 new permits in West Virginia. Three companies tied for top permittee last week: PennEnergy Resources with 5 permits in Butler County, PA; CNX Resources with 5 permits in Washington County, PA; and Southwestern Energy with 5 permits spread between Wetzel and Ohio counties in WV.
According to an analysis by S&P Global Commodity Insights, large U.S. shale gas drillers (namely Marcellus/Utica drillers) have hedged (pre-sold at a specific price) an average of 50% of anticipated shale gas production for the second half of 2023. The average price of the hedges is $3.35/Mcf, far above the average NYMEX Henry Hub price that has been bumping along between $2.25 and $2.75. CNX Resources is the top hedger, hedging 80% of its production in 2H23 at $3.04/Mcf.
Investors in shale oil and gas companies suffered for years with little or no returns for the money they invested. Five of eight large Marcellus/Utica drillers saw their share prices decrease by an astonishing 85% or more from 2008 to 2019 (see 
Newly-elected Gov. Josh Shapiro, who appears to be completely ineffective since taking office (which is not necessarily a bad thing), appointed a working group in April to help guide him on what he should do concerning the Regional Greenhouse Gas Initiative (RGGI) carbon tax and the broader issue of global warming (see 
Very quietly, without issuing a press release, CNX Resources, headquartered in Canonsburg, PA (near Pittsburgh), filed a Form 8-K with the Securities and Exchange Commission to say that on June 15, the company entered into a “definitive purchase sales agreement” to sell various non-operated producing oil and gas assets primarily located in the Appalachian basin to a third party for $125 million. And that’s about the sum total of what we know.
For individuals, discretionary income is what’s left after you pay your taxes and fixed costs like housing, food, and clothing. For shale drillers, the equivalent to discretionary income is cash flow from operating activities (CFOA), which is the net income a company generates adjusted for non-cash expenses like depreciation and stock-based compensation, and for changes in working capital. Drillers can use their extra cash to grow production by spending more for drilling new wells (capital expenditures or capex). Or drillers can send some of the extra cash back to investors via share buybacks and dividends. How did Marcellus/Utica drillers spend their CFOA during the first quarter of 2023?
It’s possible to track which institutional investors (big investors like BlackRock) are buying or selling shares in various companies by reviewing Securities and Exchange Commission (SEC) Form 13F filings. S&P Global Market Intelligence performed a 13F review of which companies bought, and which sold (and how much) shares of stocks for shale gas drillers during the first quarter of 2023. The topmost active shale gas driller having its stock purchased by institutional investors was Comstock Resources, which drills exclusively in the Haynesville Shale. The reason Comstock came out on top, postulates S&P, is because the Haynesville is located close to the Gulf Coast and LNG export plants. However, it was the rest of the list that interested us.