Energy Companies

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    PA Court Rules Compressor, Gas Well Not “Single” Emission Source

    A somewhat obscure court case in Pennsylvania has potentially big implications for drillers who also own pipeline subsidiaries. In Lycoming County, PA, Seneca Resources (subsidiary of National Fuel Gas Company) drilled a series of wells on a pad called Well Pad E. Another NFG subsidiary, NFG Midstream, connected gathering lines to Well Pad E. NFG Midstream operates a compressor station to push the gas through the pipeline system. Both the well pad and the pipeline/compressor station are subject to air emissions regulations by the state Dept. of Environmental Protection (DEP). Each subsidiary on its own–the well pad, and the compressor station–don’t produce enough emissions to trip a costly upgrade in technology. However, if you combine both together into a single “source,” the two together do cross the threshold and would cost NFG big bucks in emissions technology to comply. The DEP lumped both together and told NFG to upgrade their emissions technology. Thing is, if another company owned the pipeline system, say Williams, the DEP would not have tried combining the two into a single source. So NGF appealed the DEP decision to the Environmental Hearing Board (EHB), a quasi-court set up to hear appeals of DEP decisions. The EHB found in favor of the DEP, so NFG appealed it again, this time to PA Commonwealth Court. Last week the court overturned the DEP decision and said just because two subsidiaries have the same parent, you can’t just lump them together as a single source for air emissions regulations… Read More “PA Court Rules Compressor, Gas Well Not “Single” Emission Source”

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    Rex Energy’s Stock Out of Woods, NASDAQ Won’t De-List

    Rex Energy, a driller focused mainly on the Marcellus/Utica (headquartered in State College, PA), has had its share of financial challenges. It has swapped out IOUs for new IOUs, converted debt into equity (shares of stock), sold off assets in other basins–a whole lotta stuff to keep on drilling (see our Rex Energy stories here). The company’s stock has taken a big hit over the past five years. Rex’s stock (REXX) is traded on the Nasdaq Stock Exchange and last December Nasdaq told Rex the stock would remain listed for the time being–but only if the company could get meet the minimum requirement of the per share price trading for at least $1/share for 10 consecutive trading days (see Rex Energy Stock Threatened with De-Listing by Nasdaq). Nasdaq gave Rex until June 17 of this year to comply–or get banished to the penny stock pink sheets. A common “fix” for low per-share stock prices is to combine outstanding shares into a smaller number of shares–something called a reverse stock split. In May, Rex conducted a 1-for-10 reverse stock split, combining 10 outstanding shares into 1 outstanding share, thereby boosting the per share price (see Rex Energy Offers 1-for-10 Stock Split, Updated 2-Yr Plan). The plan worked. On May 30, Nasdaq informed Rex they are now out of the woods and no longer in danger of being de-listed… Read More “Rex Energy’s Stock Out of Woods, NASDAQ Won’t De-List”

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    Is Virginia Governor Race a ‘Referendum on Pipelines’?

    Will Virginia in the south become what New York is in the north: a block to Marcellus/Utica gas leaving the region? Perhaps. At least, that’s what radical environmentalists are hoping is what happens. On June 13 Virginia will hold a primary. We recently wrote about its importance (see Fate of 2 Important Pipelines May Rest in Virginia Governor Race). Former Congressman Tom Perriello (far-left Democrat) says he’ll block both the $5 billion Atlantic Coast Pipeline and the $3.5 billion Mountain Valley Pipeline if he wins the primary and the general election. He may well win it. Antis are positioning this primary and the election as “a referendum on pipelines.” The brutal truth is that most people in the Old Dominion could care less about pipelines. It is only a small cadre of gentry-class horse farmers and radical anti-fossil fuelers who oppose the pipeline projects. But if you read local news, you wouldn’t know that. We’d like to say, “Hey, it doesn’t matter who wins, the law is the law and a governor can’t stop a federal pipeline project.” But then, we’re from New York where that is exactly what has happened! At least so far. Both the Constitution Pipeline (Williams) and the Northern Access Pipeline (National Fuel Gas Company) have been blocked by Democrat Gov. Andrew Cuomo for political reasons. Both pipelines have taken the state’s Dept. of Environmental Conservation to court, where it’s quite possible, even likely, the state will lose. However, nothing is 100% certain–and because of Cuomo’s actions, both pipelines are now years delayed. Our concern is that a major delay may happen in Virginia too, if the state elects someone like Perriello…
    Read More “Is Virginia Governor Race a ‘Referendum on Pipelines’?”

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    OH Sen. Portman Tours Rice Energy Well in Belmont, Voices Support

    Last Thursday Rice Energy President Toby Rice gave Ohio U.S. Senator Rob Portman a tour of the “Son Uva Digger” well pad in Belmont County, OH. Cool name. Although no doubt Portman thought of the trip as a photo-op, from his comments following the visit, it sounds like Portman actually learned something. Portman now “gets it” with respect to rapid changes in technology that have vastly reduced the footprint of drilling operations–better for the environment, less hassle for residents who live nearby. He also gets just how much money shale drilling is pumping into the local, state and national economy. Sounds like the Rice brothers have made a convert of Sen. Portman–so three cheers for them! This is how we win the battle–one person at a time. And if that person happens to be a U.S. Senator, all the better. Here’s how it went last week when Rob went to Belmont… Read More “OH Sen. Portman Tours Rice Energy Well in Belmont, Voices Support”

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    WV Drillers & Landowners Want New Law re Post-Production Issue

    Earlier this week MDN reported on the recent West Virginia Supreme Court decision to reverse it’s earlier decision and allow EQT (and by extension, other drillers) to deduct some post-production expenses from royalties paid to landowners (see WV Supreme Court Reverses Itself, Post-Production Deductions OK). The Leggett v. EQT case turned on the meaning of three short words: “at the wellhead” (see WV Supreme Court Post-Production Royalty Case Hinges on 3 Words). This latest final final decision must be the…well…final decision, right? Not so fast. There is another Supreme Court case from 2006, Tawney v. Columbia Natural Resources, which also dealt with post-production expenses and found drillers do not have the right to deduct them from royalties. But there are differences. “Leggett deals with the statute on royalties, while Tawney is about lease contracts.” It’s a pretty safe bet that a new case will be filed challenging Tawney in light of the Leggett decision. All of this back and forth in the courts is unsettling for both drillers and landowners. Both sides are in agreement about one thing: They both want the WV legislature to pass a new law clarifying the issue of post-production deductions…
    Read More “WV Drillers & Landowners Want New Law re Post-Production Issue”

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    Uptick in Utica Drilling Predicted for Jefferson County, OH

    Jefferson County, OH is not the first (or even second or third) county you think of when you think “Utica drilling.” But that may soon change. Jefferson shares borders with other counties that are heavily drilled–Carroll, Harrison and Belmont. There has been some drilling in Jefferson in the past, but with the slowdown over the past few years, not much has happened. But according to Ascent Resources and Chesapeake Energy, their respective companies are putting a renewed focus on the county in the coming months. Which is good news indeed. Couple that with a possible ethane cracker plant coming to Belmont County, and (according to the Chamber of Commerce), Jefferson is heading for “a brighter future” thanks to the Utica industry… Read More “Uptick in Utica Drilling Predicted for Jefferson County, OH”

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    Alpha Natural Resources Sells 120 Gas Wells in WV

    On Tuesday Alpha Natural Resources (ANR) announced it was divesting “substantially all of the assets” in two different operations in West Virginia, one of those being a natural gas operation with “120 producing natural gas wells in five counties.” Which got us digging. We recalled that ANR went bankrupt last year and ended up selling 27,400 acres of Marcellus/Utica Shale leases to Vantage Energy for $339.5 million (see Vantage Outbids Rice For Bankrupt Alpha Natural’s 27K Marcellus Acres). That was all of ANR’s Marcellus assets. So what’s with this new deal to sell 120 gas wells in the Mountain State? And which five counties are the wells located in? The announcement didn’t say. So we reached out to ANR and got you some answers…
    Read More “Alpha Natural Resources Sells 120 Gas Wells in WV”

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    WV Supreme Court: Non-Participating Rights Owner Can’t Stop Lease

    Just yesterday we told you about an important court case that had gone to the West Virginia Supreme Court of Appeals (see WV Rights/Pooling Case May have Big Impact on Shale Industry). In brief, the case was appealed from a lower court where a judge found that a “non-participating” mineral rights owner, someone who owned a quarter of the rights for a property in Marshall County, had the power to object and stop a lease of the property for oil and gas drilling. We thought it strange that the lower court judge would make such a decision, which threatens to up-end thousands of leases in WV that are similar. Little did we know that as we were publishing that story, the WV Supreme Court was rendering its decision. All five justices voted to overturn the lower court ruling and preserve sanity for leases in the Mountain State… Read More “WV Supreme Court: Non-Participating Rights Owner Can’t Stop Lease”

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    PA Hearing Board Reduces EQT Fine from $4.5M to $1.1M

    In October 2014, the Pennsylvania Dept. of Environmental Protection (DEP) fined Marcellus driller EQT a whopping $4.53 million for a leaky wastewater impoundment in Tioga County, PA (see PA DEP Levies Biggest Fine Ever, $4.5M Against EQT). While EQT did not say there wasn’t a problem with leaks at the site, they did say the way the DEP calculated the fine is unreasonable and arbitrary. EQT appealed the fine and the case all the way to the PA Supreme Court. In December 2015, the high court handed EQT a “procedural victory” by saying EQT has a point about the manner in which the DEP is calculating the fine (see PA Supreme Court Gives EQT “Procedural Victory” in $4.5M Fine Case). The Supreme Court sent the case back to a lower court, PA Commonwealth Court, for follow up work, and in January 2017, a three-judge panel ruled that the method the DEP currently uses to assess fines–by how many days pollution lingers, instead of by how many days the initial release of pollution lasted–is not legal nor common sense (see EQT Wins Court Case Against PA DEP re $4.5M Wastewater Leak Fine). The judges said such a method in fining, “would result in potentially limitless continuing violations.” Under the old way of calculating fines, the DEP was considering upping the fine on EQT to an insane $157 million. Calculating it under the new way will mean a fine of around $120,000. We thought with that ruling it was all done and dusted. Not so. The soap opera continued when the DEP appealed the Commonwealth Court panel’s ruling back up to the PA Supreme Court where the Supremes will consider it all over again (see DEP Appeals $4.5M Wastewater Leak Fine Against EQT to Supremes). Into this mess, let’s now throw in another wrinkle. While the courts have been grappling with issues of procedure and whether or not the DEP can assess fines the way it claims it can (that is, Constitutional issues), at the same time the matter was brought up before the PA Environmental Hearing Board (EHB), a sort of quasi-court set up to hear appeals of decisions made by DEP. The EHB has decided to adjust the fine down significantly–from the DEP’s initial levy of $4.53 million down to $1.1 million. Here was their reasoning… Read More “PA Hearing Board Reduces EQT Fine from $4.5M to $1.1M”

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    WV Rights/Pooling Case May have Big Impact on Shale Industry

    A court case from Marshall County, WV decided in April 2016 is heading to the WV Supreme Court of Appeals (the state’s highest court). The stakes in Contraguerro v Gastar Exploration could not be higher for the Marcellus industry in the Mountain State. In brief, 70 years ago a 106-acre track of property was sold. The sellers retained a one-quarter “non-participating interest” in the oil and gas rights. That means the buyer got to decide when/if to lease the property for drilling, and if so, has the right to negotiate the price, etc. The remaining one-quarter non-participating interest holders would get royalties, but nothing else. Fast forward several generations and the heirs of the original sellers didn’t even know they owned an interest in the land until contacted by Gastar, which needed a signature in order to send them checks for royalties. The heirs decided to sue to stop the deal, either in a bid to negotiate a better deal or perhaps because they don’t like fossil fuels. Who knows? The case went to the Circuit Court of Marshall County and a judge there found in favor of the heirs–giving them, and by extension any minority rights owner, the power to stop lease deals. An unmitigated mess that threatens many lease deals because divided rights ownership is common in WV. Perhaps this case was part of the motivation to pass a new law this year addressing “co-tenancy” (see Analysis of New WV Bill SB 576 re Co-Tenancy & Joint Development). The co-tenancy law, if passed, means if there are multiple owners for the mineral rights under a property, you would only need a simple majority of those owners to approve a drilling lease. Currently, if one person with a teeny tiny share objects, it stops the process. In the Contraguerro case, although the heirs are owners, they are “non-participating”–so they should not have had a say anyway. However, a lower court judge found otherwise. So the case was appealed and is now before to the WV Supreme Court… Read More “WV Rights/Pooling Case May have Big Impact on Shale Industry”

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    WV Supreme Court Justice: EQT Royalty Ruling “Legal Sophistry”

    Last December the West Virginia Supreme Court ruled in a case to disallow Marcellus driller EQT from deducting post-production expenses from royalty checks, even with signed contracts in place (see WV Supreme Court Rules EQT Can’t Deduct P-P Costs from Royalties). The justices, in their ruling, said that drillers can “not deduct from that (royalty) amount any expenses that have been incurred in gathering, transporting or treating the oil or gas after it has been initially extracted, any sums attributable to a loss or beneficial use of volume beyond that initially measured or any other costs that may be characterized as post-production.” Last week, just five months later, four of five justices (including a newly elected judge) reversed their December decision (see WV Supreme Court Reverses Itself, Post-Production Deductions OK). The lone judge voting against the decision was Robin Jean Davis. Yesterday she released her dissenting opinion. In very strong language, Judge Davis said the court’s other four members “used legal sophistry” to prop up their decision, and that “the majority opinion is simply wrong.” Here’s what else Judge Davis had to say… Read More “WV Supreme Court Justice: EQT Royalty Ruling “Legal Sophistry””

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    WV Supreme Court Reverses Itself, Post-Production Deductions OK

    In a decision that will thrill drillers, but anger landowners, the West Virginia Supreme Court decided last week to overturn its own previous decision (from just last December) and allow driller EQT to deduct post-production expenses from royalty payments. Last December MDN reported on the huge West Virginia Supreme Court decision against driller EQT that disallows EQT from deducting post-production expenses from royalty checks, even with signed contracts in place (see WV Supreme Court Rules EQT Can’t Deduct P-P Costs from Royalties). The justices, in their ruling, said that drillers can “not deduct from that (royalty) amount any expenses that have been incurred in gathering, transporting or treating the oil or gas after it has been initially extracted, any sums attributable to a loss or beneficial use of volume beyond that initially measured or any other costs that may be characterized as post-production.” A really big deal. Then in February, with a brand new justice on the bench, the WV Supreme Court agreed to rehear the case after an appeal filed by EQT–a rare and unusual step (see EQT Catches Big Break in WV Supreme Court re Royalty Deductions). Those who won the case say newly elected Supreme Court Justice Elizabeth D. Walker has conflicts of interest and should not have been allowed to vote to rehear the case in the first place (which she did). On that basis, they tried to avoid the rehearing altogether, but that failed, and lawyers were in court arguing the case earlier this month. As it turns out, the lawyers mainly argued over the meaning of three short words: “at the wellhead” (see WV Supreme Court Post-Production Royalty Case Hinges on 3 Words). On Friday, the justices reversed their earlier decision, voting 4-1 in favor of allowing EQT to deduct “reasonable” post-production expenses (copy of the decision below). Newly elected Justice Beth Walker, with (according to the other side) conflicts of interest, voted in favor of EQT. This has BIG implications for landowners and drillers in the Mountain State… Read More “WV Supreme Court Reverses Itself, Post-Production Deductions OK”

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    Peters Township Votes to Allow Fracking Under Town Property

    Peters Township, the most populous township in Washington County, PA, is one of the seven selfish towns that sued the state in 2012 over the zoning provisions in the then-new Act 13 law, eventually winning at the PA Supreme Court level (see PA Supreme Court Rules Against State/Drillers in Act 13 Case). The Act 13 victory gave townships like Peters the right to pass local zoning ordinances that restrict, but don’t outright ban, Marcellus/Utica drilling. Peters has been adept at using the victory to keep a defacto ban in place by “studying” the issue to death (see Peters Twp, PA Pretends to Debate Ordinance to Allow Drilling and Peters Twp, PA Continues to Delay Drilling by “Studying” It). Sooner or later you have to come down on one side or the other, and last September Peters decided to screw Marcellus drillers. Town council passed a new drilling ordinance (4-2) that says drilling is ONLY allowed in areas zoned for industrial uses, which rules out areas zoned for agricultural uses, where most drilling happens (see Peters Twp Gives the Middle Finger to Drillers One Final Time). Even the theoretical drilling that would happen in industrial areas, a grand total of 138 acres in the township, will have to be a “conditional use” with loads of permits and reviews. So we found it quite ironic that Peters Township Council threw their lordly “principles” right out the window last Tuesday when they voted (5-2) to give EQT a five-year lease on some of the township’s own land–for a signing bonus of $4,750 per acre, with 18% royalties–something they’ve denied every other landowner in the township…
    Read More “Peters Township Votes to Allow Fracking Under Town Property”

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    Chesapeake Scores Court Victory to Prevent PA Royalty Class Action

    Sometimes we wish we had gone to law school–to better understand some of the cases involved with oil and gas. This is one of those times. When you read words like “arbitrability,” the eyes start to glaze over. We’ll do our best to summarize some important news for landowners who want to sue Chesapeake over shorted royalty checks. Starting in 2008, Chesapeake Energy, under then-CEO Aubrey McClendon, began leasing acreage in northeastern Pennsylvania for shale drilling. Said drilling happened and in 2013, Scout Petroleum purchased royalty rights from some NEPA landowners. That is, Scout took over receiving the royalty payments in return for giving those landowners an up front, lump sum. In 2014, when it became obvious Chesapeake was using aggressive deductions from royalty payments (i.e. landowners were getting hosed), Scout filed a lawsuit against Chesapeake, requesting (under the lease language) that their grievances against Chessy be arbitrated AND (not specifically under the lease language) that Scout and thousands of other landowners be lumped together into class action arbitration (see Bad to Worse: PA Royalty Owner Asks Court for Chessy Class Action). Scout lost the case over class action and appealed. In late April, an appeals judge found that class action arbitration is not part of the original lease language, express or implied, and therefore is not allowed. Scout is appealing the decision once again. This is far from over, but for now, Chesapeake has a small victory in forcing landowners to file individual lawsuits…
    Read More “Chesapeake Scores Court Victory to Prevent PA Royalty Class Action”

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    Hilcorp Files for Permits to Drill 3 Wells in Columbiana County, OH

    Hilcorp has woken up and come alive in the Ohio Utica Shale–for the first time this year. The company recently filed for permits to drill three new Utica wells in Columbiana County. Which is interesting. Hilcorp zigs when everyone zags. Most drilling in the Ohio Utica currently happens in southeastern Ohio–in counties like Belmont, Monroe and Guernsey. When the play first became active for shale drilling, much of the early action happened in Carroll County, and Columbiana. But lately (over the past 2-3 years) most drilling moved south. But Hilcorp, with acreage in the northern Utica in both Ohio and Pennsylvania, continues to make money staying north. In fact, Hilcorp has been called the “dominant active prospector” in the northern tier area of the Utica Shale–an area including Columbiana, Mahoning and Trumbull counties in OH and Lawrence and Mercer counties in PA. Hilcorp is strong and steady. They make money when they drill. So we take this as a good sign that drilling is heating up in the northern Utica… Read More “Hilcorp Files for Permits to Drill 3 Wells in Columbiana County, OH”

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    Epsilon Energy: “Focused” on Marcellus, Buying Land in Anadarko

    From time to time we check in on Canadian driller and midstream company Epsilon Energy. Epsilon, you may recall, had a shareholder rebellion in 2013 and threw out the sitting board of directors (see Shareholder Rebellion at Epsilon Energy – New Board as of Today). Epsilon CEO Michael Raleigh announced at the time that the company had embarked on a turnaround strategy of focusing on the Marcellus Shale–less than a year after saying they would scale back in the Marcellus (see Epsilon Energy Makes “About-Face” on Marcellus Drilling). Epsilon was and remains a very small player in the Marcellus, but the Marcellus is the company’s entire focus. At least that’s what they say. Epsilon did not drill any new new Marcellus wells in 2016. They spent just $300,000 on capital expenditures for all of 2016, and that was money spent on the Auburn Gas Gathering system in northeast PA (they own a 35% interest in the system). What about 2017? Epsilon plans to spend $1 million in capex in the Marcellus–half of it “for the ongoing development of the midstream system” (i.e. the Auburn system) and the other half to complete four Marcellus wells previously drilled (see Epsilon Energy’s Marcellus Budget Inches Up to $1M in 2017). Epsilon recently issued its first quarter 2017 update. It shows the company spent just $100,000 on capital expenditures during 1Q17–most of it on the Auburn Gas Gathering system. Revenue was up for the quarter–from $5.6 million in 1Q16 to $8 million in 1Q17. One thing we found somewhat incongruous with their “focus on the Marcellus” statements: the company recently raised money in an “over-subscribed Rights Offering” to “continue building our land position in the Anadarko Basin.” The Anadako is located in Oklahoma and Texas, nowhere near the Marcellus…
    Read More “Epsilon Energy: “Focused” on Marcellus, Buying Land in Anadarko”