Proxy War: ISS Supports Rice Brothers, Glass Lewis Supports EQT
Early on Friday, Institutional Shareholder Services (ISS), which makes recommendations to shareholders on how to vote in proxy fights, gave their stamp of approval to Toby and Derek Rice’s “activist” board takeover picks. ISS is heavily influential with institutional investors–organizations like hedge funds, mutual funds, and pension funds. We thought, “Oh oh, it’s all over now. The Rice boys have won.” But not so fast. Late Friday a second highly influential service that institutional investors look to for guidance, Glass Lewis & Co., threw their support behind the EQT slate of board candidates. The two most influential guidance services have split their support. What will shareholders do?
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We caught a helpful update on PennEnergy Resources from a report on last week’s Hart Energy DUG East Conference in Pittsburgh. PennEnergy CEO Richard Weber told the DUG audience that his company is currently producing an average half a billion cubic feet of natural gas per day, with plans to increase that by 10% this year. One thing holding the company back is the ongoing outage of Energy Transfer’s Revolution Pipeline gathering system.
Both the Rice brothers and EQT are issuing press releases just about every day now in their battle to wrest (or keep) control of EQT. Yesterday the latest round of letters to shareholders, circulated via press release for the world to see, were issued. First up was a letter early yesterday from John F. McCartney, a Rice Team board nominee, praising Toby Rice (potential new EQT CEO). Later in the day EQT issued a letter chronicling what we would call an EQT listening tour. Although both letters tell shareholders to not vote for the other side’s board picks, noticeably absent from this latest round was the acrimony and personal attacks that have been present in recent letters.
We received some pictures from a loyal MDN subscriber (S.B.) showing progress on clearing a site where a new $5 million office and warehouse facility in Tunkhannock Township (Wyoming County), PA. Ever hear of BKV Operating? No? How about Kalnin Ventures? Or if not Kalnin, how about Banpu, the largest coal producer in Thailand? Like a Russian matryoshka (nesting) doll, BKV Operating is a subsidiary of Kalnin Ventures, and Kalnin is the American agent/partner representing Banpu here in the U.S. Ultimately it is Banpu money that is building this new facility, and major Banpu money being invested in PA Marcellus drilling in northeastern PA.
The Falcon ethane pipeline being built by Shell in western Pennsylvania and eastern Ohio is unique in many ways. Falcon is a 97-mile, two-legged pipeline system to carry ethane to the mighty Shell cracker plant now under construction in Beaver County, PA (near Pittsburgh). We spotted an article about the pipeline and its construction. According to a local conservation office in Beaver County, pipeline construction “hasn’t even affected us [wildlife] a bit,” thanks to careful planning by Shell. A pipeline everybody loves? Is that even possible?!
In 2016 WGL Midstream became an investor/joint venture partner in the Stonewall Gathering System, a system which gathers Antero Resources’ natural gas from several West Virginia counties (see 
We caught some news of interest coming from last week’s Hart Energy DUG East Conference about Equinor, formerly known as Statoil. According to reporters at the event, Nicole Baird, an asset manager with Equinor, said the company has increased its Utica production five-fold from 2016 to 2018 and now produces in the range of 300 million cubic feet per day (MMcf/d) of Utica shale gas.
The legal beagles at Vorys represented Antero Resources in a recently-decided case with far-reaching implications for Ohio drillers and landowners. The Vorys team won the case. As with most lawsuits, this one is complicated and gets in the weeds. The short short version is that under an original lease signed years ago, a landowner and drilling company (at that time) removed a section of the lease that allows the landowner’s property to be pooled (called “unitized” in Ohio) with other properties.
Last week, in addition to the petchem event held in Pittsburgh, Hart Energy held their DUG East (Developing Unconventional Gas) event in Pittsburgh. Although MDN did not attend DUG, MDN friend Rick Stouffer from Kallanish Energy did. Rick caught some interesting news about two of the biggest drillers in the Ohio Utica–Ascent Resources and Encino Energy. One of the eye-opening stats Rick reports is that Encino is sending a full 70% of their Utica production to the Gulf Coast. In addition, most of Ascent’s production goes out of the region too–one-third to the Gulf Coast, one-third to the Midwest, and one-third to the East Coast.
In January 2018, some 18 years ago, MDN told you that EXCO Resources had filed for Chapter 11 bankruptcy (see 
LOLA Energy was birthed near the end of 2015, by former EQT executives using private equity money from Denham Capital (see