OH Court Rules on ‘Paying Quantities’ Affecting Lease Termination
A recent ruling from Ohio’s Seventh District Court of Appeals has the potential to affect conventional and unconventional (shale) leases. As with most legal rulings, this one is a bit complex. We’ll do our best to summarize. In Ohio, most oil and gas leases have both a primary term and a secondary term. The primary term is that period of time a driller has to locate and drill for oil or gas–typically five years. The secondary term is that period of time (which can last for decades) under which oil and gas is produced from the well. In most lease contracts, as long as the well is producing in “paying quantities” the lease remains in effect. But when the well does not produce in paying quantities, the lease is terminated and the landowner can seek a new lease. Of course, the definition of “paying quantities” is key. In a previous case, the Ohio Supreme Court defined paying quantities. However, the recent Seventh District Court case, Paulus v. Beck Energy Corp., added to, or should we say “refined” the definition provided by the Supreme Court by providing guidance on what items may be considered when determining paying quantities and lack of production in Ohio…
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CONSOL Energy released its second quarter 2017 update yesterday, along with a conference call to discuss results in 2Q17 and what’s ahead for the rest of 2017 and even a hint of what’s coming in 2018. Perhaps the biggest news coming from yesterday is that CONSOL had problems with two well pads in the Ohio Utica during last quarter–problems which slowed them down and resulted in a rare decrease in natural gas production year over year. CONSOL production was down 7% due to problems with drilling out frack plugs at two well pads in Monroe County, OH. According to CONSOL COO Tim Dugan, they were “one-time” events and unusual. Dugan said, more or less, CONSOL is experimenting and hey, sometimes the experiments go wrong. But the “operational improvements” the company has made by experimenting have far outweighed any temporary problems like those in Monroe County. CONSOL will spend more and drill more in 2017 than previously forecast–spending $620-$645 million to drill 34 wells this year (which works out to close to $19 million/well on the high end). In 2018, CONSOL will add a third drilling rig, although they’re not yet saying where it will get deployed (PA Marcellus or OH Utica). Here’s the latest from a company that will soon split in two (coal and gas) and rename itself…
Yesterday Gulfport Energy released the company’s second quarter 2017 operational (not financial) update. Gulfport is one of those companies that teases by separating the two. Normally we’d wait and report both together, but there is some interesting news coming from the operational side. Gulfport, which drills mainly in the Utica (but also the SCOOP, in Oklahoma) reports production is through the roof, mainly due to bringing online 29 new Utica wells during 2Q17. Gulfport said in a statement that 2Q17 for the Utica Shale was “the most active quarter from a tie-in line perspective the Company has experienced since entering the play in 2011.” Meaning some (many?) of the wells were already drilled, but they all got completed and hooked up to production in 2Q17. When you add all of Gulfport’s production together across the Utica (the majority) and the SCOOP and tiny bit in Louisiana, the company joined the 1 billion cubic feet per day (Bcf/d) club in 2Q17. If you look only at Utica production, Gulfport averaged 867 million cubic feet (MMcf) per day of production, which is getting close to the 1 Bcf mark–in just the Utica. That is a massive amount of production in the Utica…
In June EQT and Rice Energy announced that EQT will buy out and merge in Rice Energy, to create (in EQT) the largest natural gas-producing company in the United States (see 
In early April of this year the 2017 AAPG (American Association of Petroleum Geologists) Annual Convention & Exhibition was held in Houston, TX. During one of the sessions, William Zagorski and Taylor McClain delivered a talk called “Discovery of the Utica Shale: Update on an Evolving Giant.” The interesting thing is that Zagorski and McClain work for Range Resources–the first driller in the Marcellus, not the Utica. We don’t have a transcript of that talk, but we do have an abstract and the slide deck used during the talk (below). The slide deck is fascinating. It begins with a history of the Utica. Did you know that the earliest Utica discoveries were in Ontario, Canada? And that the earliest drilling done in the play here in the U.S. was done in Upstate New York–near the Watertown area? No, we didn’t realize that either. In fact, a large swath of the Utica Shale layer underlies New York State–what a pity we can’t explore it because of a corrupt dictator by the name of Andrew Cuomo. At any rate, below is the slide deck, with slides outlining where the “wet gas” and “dry gas” zones are in the Utica. And exploring how Ohio became synonymous with the term Utica Shale…
Late last week Cabot Oil & Gas, one of our favorite big Marcellus drillers, released their second quarter 2017 update. And man oh man, was it full of interesting items! Daily natural gas production was up 14% over the same period last year. During 2Q17, Cabot averaged 1.77 billion cubic feet (Bcf) per day of net Marcellus production (2.1 Bcf/d gross operated production). Also during 2Q17, Cabot drilled 13.7 net Marcellus wells, completed 8.0 net wells and placed 6.0 net wells on production. Financially, the company continues to be a cash-making machine, generating positive free cash flow for the fifth consecutive quarter. During the first half of this year, it cost Cabot an average of $2.01 per thousand cubic feet (Mcf) to extract and sell the gas. That’s all expenses. And Cabot made an average of $2.51/Mcf selling that gas. That’s a profit of $0.50/Mcf (or 20% profit). If we could invest $1 and get back $1.20 for every dollar invested, we’d be happy to do that all day long! Cabot is currently operating two drilling rigs and one completion crew in the Marcellus. One of the most interesting (and underreported) parts of the Cabot conference call last Friday is CEO Dan Dinges’ comments on the long-delayed Constitution Pipeline. He said, “we feel more optimistic about this project coming online in the next few years than we did say a year ago.” It seems Cabot (and Williams, the builder of the Constitution) are closely watching what happens with the Millennium Pipeline and Millennium’s request to FERC to override the New York Dept. of Environmental Conservation (DEC), which is blocking the Millennium(and the Constitution). Although the Constitution awaits a court decision from the U.S. Second Circuit Court, they are planning other strategies. Dinges also addressed the PennEast Pipeline project, now stalled in New Jersey. Below is last week’s update, excerpts from the conference call, and the Cabot slide deck full of good information…
My how times change. Just last October EQT indicated that in the not-too-distant future the company would be primarily a Utica Shale driller (see 
One would hope a $6 billion ethane cracker project like the one being built by Shell in Beaver County, PA would consist of 100% American-made parts. But alas, such is not the case. The biggest story to hit Beaver County, likely ever, keeps reporters at the Beaver County Times busy (“busy beavers”–groan). The ace reporting staff at the local newspaper noticed a job posting from Bechtel Corp., one of the major contractors on the project, on LinkedIn. The job posting advertised for a project superintendent for the Shell cracker plant–a position located in Houston and in Tampico, Mexico. The ace reporters followed it up and got confirmation that some of the components for the cracker plant will be manufactured in Mexico and shipped to PA. No doubt in an effort to tamp down what could become a firestorm, Shell quickly confirmed the Mexico connection and pointed out that “more than 80%” of the individual components for the plant will be built in the U.S. Will this news about Mexico parts make a difference in the larger scheme of things?…
The heads of both WVONGA (West Virginia Oil and Natural Gas Association) and IOGA WV (Independent Oil and Gas Association of West Virginia) teamed up to write a column in the Charleston Gazette-Mail by touting (defending?) Antero Resources’ Clearwater Facility–a $275 million frack wastewater recycling facility due to go online later this year. WVONGA and IOGA WV use the Clearwater Facility as evidence of the industry’s efforts at becoming more “green” (environmentally friendly) year in and year out. They point out that our air is getting cleaner, and our water is getting cleaner too. Last fall Antero responded to so-called environmentalists who were criticizing the facility (see 
NGI’s Shale Daily has done it again. Ace reporter Jamison Cocklin has unearthed news that (so far) no one else has: Rice Energy has quietly, confidentially, hush-hush purchased all of the assets of LOLA Energy. The sale raises a lot of questions. But first, who is LOLA? No, not the show girl in Barry Manilow’s 1978 hit song Copacabana. LOLA Energy was birthed near the end of 2015, by former EQT executives using $250 million of private equity money from Denham Capital (see 
Last Thursday some 450-500 supporters, oil and gas industry workers and politicians gathered at the Shadowbrook Golf Course in Wyoming County, PA to express support for Williams’ $3 billion, 198-mile Atlantic Sunrise Pipeline project, most of which will get built in northeast Pennsylvania. The event was organized and sponsored by Cabot Oil & Gas, one of the major beneficiaries of the pipeline, and Williams, which will build and operate the pipeline. The overall purpose of the event was to give a metaphorical kick in the rear-end of Gov. Tom Wolf and his Dept. of Environmental Protection (DEP), which appears to be intentionally dragging its feet with granting stream crossing permits–about the only thing left before the backhoes fire up and start digging. The event, held from noon to 2pm, began with lunch–barbecue pulled pork and chicken–followed by a series of short speeches by political leaders from the region. With people gathered at tables, and some standing, a half dozen speakers stood on a giant flatbed trailer underneath what has to be the biggest American flag MDN editor Jim Willis has ever seen, hoisted and held between two large cranes (see the pic). The upshot of the speeches can best be summarized in a single statement delivered by Alan Hall, Chairman of the neighboring Susquehanna County Board of Commissioners, when he said: “It’s time to kick the politicians in the ass and get this [pipeline] done.” There were some other great one-liners too…
Washington County, OH, along the southeastern tip of active Utica drilling, has never been known as a hotbed of Utica drilling. However, there is at least some drilling in the county. In 2016 and the first quarter of 2017 there were eight (8) active Utica wells producing hydrocarbons–gas and oil and NGLs. Those eight wells are owned by three companies: Edgemarc Energy, Protege Energy and PDC Energy. PDC, you may recall, announced in May that it has put all of its remaining Utica assets up for sale, including wells/land in Washington County, so it can use the proceeds to drill for oil in Texas and Colorado (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 
Earlier this week MDN brought you the news, via a Wall Street Journal article, that EnerVest, a huge private equity firm with its fingers in many shale (and conventional) pies across the U.S., has gone bust (see 
An article published in the anti-drilling Pittsburgh Post-Gazette is quite bizarre–even by Post-Gazette standards. The article reports concerns expressed by residents in Beaver County, PA at a recent meeting of the Ambridge Water Authority. The opener quotes one resident this way: “‘No one knows what’s going to happen when the explosions are set off,’ said Bob Schmetzer, 70, of South Heights, referring to the underground blasting required in the fracking process. ‘God forbid that the dam would breach and take out human lives down Raccoon Valley … that would be a national catastrophe.'” Uh, Mr. Schmetzer sir…and “reporter” Eliza Fawcett…there IS NO FRACKING involved with installing a pipeline. Perhaps they’re both a bit confused? Mr. Schmetzer’s confusion likely comes from working with a local anti-fracking group, the Beaver County Marcellus Shale Awareness Committee. The meeting appeared to have gone downhill from there, with wild claims that “volatile compounds” from the Shell cracker plant will “settle” in the Ambridge Reservoir, endangering everyone who drinks water from it. And that the area will become “Cancer Valley”…
In June 2016, MDN shared with you the news that Munroe Falls (Summit County), OH had filed yet another frivolous lawsuit against Beck Energy to prevent drilling–after already losing a similar case before the Ohio Supreme Court (see