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OH Landowners Sue Rice, Ascent, XTO, Gulfport for Drilling Too Deep
Do you remember the child’s game called “Simon Says”? That’s what we were thinking when we read about a lawsuit in Ohio by landowners against a group of shale drillers. The lawsuit, initiated by several landowners in Belmont County, OH, claims the drillers drilled too deep–into the Point Pleasant rock layer–when the leases signed only mention the Utica rock layer. The lawsuit, which is seeking class action status, claims “unjust enrichment” by the drillers.
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A word you will likely see a lot more of in quarterly updates by oil and gas drillers across the country is the word “impairment.” It’s an accounting term that means the value of an asset (leased acreage or wells) is adjusted, down, to reflect a company’s best guess as to how much revenue that asset can generate. We wrote about impairments back in 2015 (see 
As recently as early March Gulfport Energy, a major driller in the Ohio Utica Shale, and its single largest investor, Firefly Value Partners (owns 13.1% of outstanding shares), were sniping at each other. Firefly was actively trying to pack the board of directors with its own nominees (see 
Gulfport Energy, the third-largest (by number wells drilled) producer in the Ohio Utica Shale, issued an update yesterday to its previous plans on drilling in the Ohio Utica (and Oklahoma SCOOP), revising down the amount of natural gas it will produce and revising down drilling activity previously planned for 2020. The company says it will delay until later this year/early next year more of its production than previously announced–due to ongoing low prices for natgas.
Wow! What a difference three months can make. In January Moody’s Investors Service downgraded EQT Corporation’s bonds to “junk” status (see 
Last Friday Gulfport Energy, the third-largest (by number wells drilled) producer in the Ohio Utica Shale (210,000 acres) which concentrates its drilling in the Ohio Utica and the Oklahoma SCOOP plays, issued its first-quarter 2020 update. On paper, the company lost $517 million due to a one-time impairment charge (writing down of asset value) of $553 million. The company said on Friday it would “shut in a minimal amount production” over the next few months given the virus pandemic.
Like Chesapeake Energy last week and Williams in late March, the Gulfport Energy board has decided to swallow a poison pill. Some companies call poison pills a “stockholder rights agreement” or a “shareholder rights plan.” In Gulfport’s case, they call it a “tax benefits preservation plan.” It doesn’t matter what you call it, it’s all the same thing. It’s a provision that defends the company against a takeover.
With yesterday’s historic crash in the price of West Texas Intermediate (WTI) oil comes a big boost in the stock price for a number of Marcellus/Utica drillers. As we’ve outlined multiple times, but will repeat here again, stock traders believe that with the crash in oil prices and U.S. shale oil drillers laying down rigs faster than we can count, the high volume of “associated gas” coming from the oilfields will vastly decrease. That means less supply in the market. With less supply and the same (or increasing) demand comes higher prices for natgas. And higher prices for natgas means more profits and likely more new drilling for Marcellus/Utica drillers. Hence, investors are snapping up stocks for M-U drilling companies.
On Tuesday MDN told you that Chesapeake Energy has hired “debt restructuring advisers,” to help the company figure out how to stay afloat with $9 billion worth of outstanding debt (see 
A kerfuffle between Gulfport Energy and Tug Hill Operating has been settled by a Texas judge. Gulfport and Tug Hill cut a deal in November 2018 for Tug Hill to purchase certain Marcellus shale assets in Ohio from Gulfport for $26 million. According to Gulfport, Tug Hill never sealed the deal and should be forced to complete it now. Tug Hill said Gulfport didn’t come through with necessary releases from third parties related to the deal, and therefore the deal is null and void. The judge agreed with Tug Hill.
Last Friday the Ohio Utica’s third-largest (by the number of wells drilled) shale driller, Gulfport Energy, filed its fourth-quarter and full-year 2019 update. The bad news is that the company lost just over $2 billion in 2019. The good news is that the entire loss was an impairment charge, a “paper loss” and not an actual, out-of-pocket money loss. When you dig deeper into the numbers, you’ll find the company actually produced free cash flow of $37.8 million last year.
Last November Gulfport Energy, the Ohio Utica’s third-largest driller, announced they would lay off 13% of their workforce, end (for now) their stock share buy-back program, and “refresh” the board with three new members (see 
Yesterday the U.S. Environmental Protection Agency announced it has reached a settlement with Gulfport Energy over alleged air emissions violations found at 17 well pad locations Gulfport operates in the Ohio Utica. The violations happened in 2015. The settlement includes Gulfport paying $1.7 million in fines and spending another $2 million in “improvements” to cut down on volatile organic compound (VOC) emissions at the 17 well pads.
In mid-November Gulfport Energy, one of the biggest drillers in the Ohio Utica Shale (210,000 acres), announced they are laying off 13% of their workforce, ending (for now) their stock share buy-back program, and “refreshing” the board with three new members (see