Energy Companies

  • | | | | | |

    Monroeville, PA Passes Restrictive Seismic Testing Ordinance

    Monroeville, PA (Allegheny County, suburb of Pittsburgh) voted last night to restrict seismic testing within municipal boundaries–a move meant to restrict future shale well drilling in the area by Huntley & Huntley. In a July story, MDN brought you the news that Cougar Land Services, a subcontractor working with Huntley & Huntley, is planning to conduct seismic testing in two rural areas of the municipality, including “small portions” of Monroeville’s northernmost and southernmost tips (see H&H: Seismic Testing Coming to Monroeville, Not to Oakmont). Monroeville Council voted in early August to publish a draft of its new seismic testing ordinance for 30 days of public comment, prelude to a final vote (see Monroeville, PA Close to Passing Restrictive Seismic Testing Ord.). The restrictions are meant to hassle anyone wanting to conduct seismic testing, i.e. Huntley & Huntley. Which is kind of sad, as H&H is headquartered in Monroeville. Kind of like spitting in the company’s face. Last night Monroeville hawked up a huge wad of phlegm and let a big one fly in the face of H&H. Not to worry. If the ordinance “is outside the state parameters,” H&H intends to sue. Just to add insult to injury and let the Marcellus industry know how unwelcome they truly are, the council also voted to put a new ordinance on the agenda that pretty much blocks all Marcellus Shale drilling throughout the municipality…
    Read More “Monroeville, PA Passes Restrictive Seismic Testing Ordinance”

  • | | | | | |

    PA AG Criminal Lawsuit Against XTO Energy Dismissed After 4 Yrs

    Four years after then-Pennsylvania Attorney General Kathleen Kane decided to turn an accident into a criminal prosecution against XTO Energy, the final chapter has been written. Anti-drilling Kane attempted to criminalize the accidental spill of a small amount of recycled wastewater by XTO that happened years before she took office (see PA AG Abuses Her Authority, Files Criminal Charges Against XTO). There was an accidental spill of ~50,000 gallons of frack wastewater at an XTO drill site in 2010 in Lycoming County, PA. XTO remediated the site, digging up affected soil, and paid out a $100,000 settlement in 2013. By the time Kane took office, the matter had been over and done for over two years. But Kane wanted/needed a quick way to make a splash with her hardcore left fringe supporters (payback time for money and volunteers), so she re-opened the case and fantastically filed criminal charges saying XTO showed a pattern of brazen disregard for safety, blah blah blah. In 2013, XTO filed to dismiss the Kane lawsuit (see XTO Energy Files to Have AG Kane’s Lawsuit Dismissed). The federal EPA also got into the act and last year XTO settled a violation of the Clean Streams Law and Solid Waste Management Act. Pricetag? Another $300,000. Now that the company has paid out the nose ($400,000 total), U.S. Middle District Judge Matthew Brann yesterday approved a motion filed by the U.S. attorney’s office to end the case. Finally. After four years…
    Read More “PA AG Criminal Lawsuit Against XTO Energy Dismissed After 4 Yrs”

  • | | | | | | |

    OH, WV Landowners Sue Antero re Post-Production Royalty Deductions

    Lawsuits filed against Antero Resources in both Ohio and West Virginia seek class action status. Both lawsuits make similar claims: Namely that Antero has improperly deducted post-production expenses from royalty checks (not allowed under lease terms), and that Antero has avoided, with creative accounting, paying royalties on natural gas liquids (NGLs) produced. The OH lawsuit was first filed in January of this year, followed by a lawsuit filed in WV in May. We have copies of both complaints below, so you can read the language for yourself. In the case of the OH lawsuit, Antero filed a motion to dismiss. The landowners amended the complaint and Antero dropped their motion to dismiss. The OH lawsuit, and as near as we can tell, the WV lawsuit, are both moving forward. Here’s our summary of both lawsuits–the MDN Cliffs Notes version…
    Read More “OH, WV Landowners Sue Antero re Post-Production Royalty Deductions”

  • | | | | | |

    Lawyers ask US Supreme Court to Hear WV EQT Royalty Case

    WV Supreme Court Justice Beth Walker

    In a decision that thrilled drillers, but angered landowners, the West Virginia Supreme Court decided in May to overturn its own previous decision (from last December) and allow driller EQT to deduct post-production expenses from royalty payments (see WV Supreme Court Reverses Itself, Post-Production Deductions OK). Last December MDN reported on the huge WV 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 Walker had 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. 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). In the May decision, the justices reversed their earlier decision, voting 4-1 in favor of allowing EQT to deduct “reasonable” post-production expenses. Newly elected Justice Beth Walker, with (according to the other side) conflicts of interest, voted in favor of EQT. On the basis that Walker should not have been part of the process at all, lawyers for the losing landowners have appealed the case all the way to the United States Supreme Court…
    Read More “Lawyers ask US Supreme Court to Hear WV EQT Royalty Case”

  • | | | | |

    NY Court Tells Exxon to Turn Over Records to Corrupt AG

    Bruce Plante Cartoon

    New York’s highest court, the Court of Appeals, has just ruled that the New York State Attorney General, Eric Schneiderman, has the right to demand documents in a court case that accuses Exxon of hiding internal research that shows burning oil and gas leads to catastrophic, man-made global warming. Schiederman has been on a witch hunt for more than year. Schneiderman himself is accused of secretly (illegally) colluding with Big Green groups in targeting Exxon. Schneiderman has been subpoenaed and told to turn over emails and other records, and he has refused to do so (see NY AG, Others Served Congressional Subpoena re Exxon Witch Hunt). Yet Schneiderman demands Exxon turn over records for his fishing expedition. The man is a menace–and a putz. Unfortunately New York’s high court appears to be corrupt too–witness their decision to uphold local frack bans (see Shale Drilling in NY is Over – High Court Upholds Town Bans). Now the high court says Exxon must comply (like a Borg drone) with Schneiderman’s request. Our advice to Exxon: Pull a Hillary and say the emails got deleted from a private server. Hey, it worked for her!…
    Read More “NY Court Tells Exxon to Turn Over Records to Corrupt AG”

  • | | |

    Chesapeake Energy to Test Utica Shale in NE PA’s Bradford County

    Chesapeake Energy CEO Doug Lawler says the company plans to drill a test Utica Shale well in its core Marcellus acreage in Bradford County, PA sometime early next year. Which is really big news. Bradford is in the northeastern corner of the state, next door to Susquehanna County (east of Bradford). Susquehanna and Bradford have been heavily drilled by Chesapeake–at least in the Marcellus. Both counties sit in the “dry gas” (methane only) zone of the play, with no NGL or oil production, according to MDN’s forthcoming Marcellus and Utica Shale Almanac (stay tuned for more details about the Almanac). There have been very few, if any, shale wells drilled into the Utica in either Bradford or Susquehanna. However, there have been a few Utica wells drilled in Tioga County, which shares a border with and sits west of Bradford. And beyond Tioga (in the northerntier) sits Potter County, where there are more Utica wells. So Chessy wants to see if the Utica in Bradford may be productive. Lord knows the company has enough locations. According to the forthcoming Almanac, Chesapeake had 473 actively producing shale wells in Bradford in 2016. Now if we could only get Chesapeake to stop screwing landowners out of royalties…
    Read More “Chesapeake Energy to Test Utica Shale in NE PA’s Bradford County”

  • | | | | |

    Penn Hills, PA Grudgingly Votes 5-0 to Allow H&H Seismic Testing

    What a difference two months–and the very real threat of a lawsuit–can make. At the end of July Penn Hills (in Allegheny County, near Pittsburgh) voted to ban seismic testing in their community as a symbolic action “meant to send a message to companies that the municipality is against oil and gas activities on Penn Hills property.” Driller Huntley & Huntley has hired Texas-based Geokinetics to conduct seismic testing in the region and had wanted to conduct testing on 37 municipal-owned properties in Penn Hills, about 390 acres total. But Penn Hills resisted. So H&H’s attorneys at Steptoe & Johnson sent a “we’ll sue your rear-ends” letter and that got the attention of the symbolizers. Last night another vote was taken. This time it was 5 to 0 in favor of allowing seismic testing after all. The mayor (grumbling) said the municipality did it’s best to resist…
    Read More “Penn Hills, PA Grudgingly Votes 5-0 to Allow H&H Seismic Testing”

  • | | | | | | |

    WV Surface Owners Win Important Case Against EQT re Drill Pad

    A West Virginia Circuit Court case decided last week (by jury) found in favor of surface owners against a well pad constructed by EQT. The decision has far-reaching implications for not only surface owners and drillers, but mineral rights owners too. From the first time we read about so-called “joint development” legislation being promoted by the drilling industry in WV (back in February), we’ve not been fans (see More on WV’s Push for “Joint Development” Instead of Forced Pooling). In brief, there are a number of existing old leases in WV, signed before shale drilling began, that prevents drillers from drilling a horizontal well across an individual property boundary line–until a new lease is signed. Joint development says if the driller already owns the leases on all adjoining properties they want to combine into a drilling unit, they can do so without signing a new lease. The proposed joint development law seemed to us to be a way for drillers to avoid negotiating and paying more for new leases–which they should be willing to do! However, the case of Crowder and Wentz v EQT puts joint development in a new light for us. The case appears (to us) to be an abuse of power by surface owners against both drillers and mineral rights owners–by using the current prohibition against joint development. We certainly understand why surface rights owners would resist having a drill pad on their property, however, that’s life. They bought land (or inherited it, etc.) that doesn’t have mineral rights attached. Under existing WV law, a well pad can be drilled, taking 10-15 acres of the surface land (against the surface landowner’s wishes, but with compensation), in order to access the minerals under that specific piece of property. However, the court ruled last week in Crowder and Wentz v EQT that a driller cannot then use that same already-constructed well pad to further drill wells that access minerals under other, adjacent properties. Which in our book makes a strong case for a joint development law, to avoid this kind of misuse by surface landowners…
    Read More “WV Surface Owners Win Important Case Against EQT re Drill Pad”

  • |

    EXCO Resources Taps Out Remaining Line of Credit, Borrows $88M

    EXCO Resources was once a sizable player in the Marcellus. They still have 184,000 net acres in the Marcellus, with 124 horizontal Marcellus wells drilled and in production. However the company, as we pointed out a year ago, has abandoned the Marcellus/Utica at this point (see EXCO: No Marcellus Drilling in 2015/2016, NYSE Threatens Delisting). The company flirted with bankruptcy for some time. In the end, they effectively turned over control of the company to its creditors (see EXCO Issues 2.7M Shares of New Stock in Lieu of Paying $23M). However, the company continues to struggle. Just last month they were threatened, for a third time, with having the company’s stock delisted from the New York Stock Exchange (see EXCO Resources Receives 3rd NYSE Notice of Delisting). EXCO has a line of credit (i.e. a “Revolving Credit Facility”) of $150 million. They’ve just borrowed the last $88 million of that total, to keep the company going…
    Read More “EXCO Resources Taps Out Remaining Line of Credit, Borrows $88M”

  • |

    Southwestern Energy Floats $1.15B in New IOUs to Pay Off Old IOUs

    In a pair of announcements made this morning, major Marcellus/Utica driller Southwestern Energy said they are floating $1.15 billion of new IOUs (i.e. “notes”) that are unsecured and due to be repaid in 2026 and 2027. Part of the money will be used to pay off a 2015 loan for $327 million. It appears another part will be used to pay off up to $800 million of notes (a buyback or repurchase of the notes) due in 2020, 2022, and 2025. That is, Southwestern is swapping one form of debt for another. We’ve often observed this behavior in the energy industry–issuing new debt to pay off old debt. Bit of a shell game in our book, but then we’re not high finance people. Apparently this is not an unusual circumstance with large corporations, and nothing to be alarmed about…
    Read More “Southwestern Energy Floats $1.15B in New IOUs to Pay Off Old IOUs”

  • | | | | |

    M-U Pipeline Co. Eureka Midstream Expands Line of Credit to $400M

    Eureka Midstream, which was once called Eureka Hunter (a subsidiary of Magnum Hunter Resources) has popped back up on the radar screen. Eureka, which operates exclusively in the Marcellus/Utica with ~200 miles of local gathering pipelines, announced yesterday it has expanded its line of credit from $225 million to $400 million, with an “accordion” option to further expand it to $500 million. Last time we wrote about Eureka (in December 2015), parent Magnum Hunter was looking to sell it off (see Magnum Hunter De-Listed from NYSE; Still Shopping Eureka Hunter). A lot has happened since that time. Magnum Hunter filed for and later emerged from bankruptcy, minus its colorful CEO Gary Evans (see Magnum Hunter Emerges from Bankruptcy with CEO Gary Evans Gone). During the bankruptcy process, Eureka was not sold but instead spun off into its own standalone company. Magnum Hunter, later renaming itself to Blue Ridge Mountain Resources, has remained a major customer for Eureka. Eureka says it will use the $400-$500M line of credit for “capital expenditures, financing permitted acquisitions, funding working capital, and general corporate purposes.” Here’s an update on Eureka, which has successfully charted a course away from former parent Magnum Hunter…
    Read More “M-U Pipeline Co. Eureka Midstream Expands Line of Credit to $400M”

  • | | |

    Antero Looks to Expand Midstream Biz with $315M Unit Sale

    Antero Resources is back in the market looking to raise more money for their Antero Midstream subsidiary. It was only April that Antero floated an initial public offering (IPO) for Antero Midstream with hopes of raising $930 million (see Antero Midstream Launches IPO – Hopes to Raise $930M). In early May, when the IPO was complete, the company said it had only raised $875 million–falling $55 million short of the mark (see the Reuters story: Antero Midstream GP raises $875 million in U.S. IPO). A little more than three months later and the company is back, floating 10 million units (think shares of stock) at a price of $31.45, hoping to raise $315 million. The announcement does not say what Antero plans to use for money for–but they do have a number of irons in the midstream fire. Lots of projects underway and planned. Our guess is that the money will be used to fund some of those initiatives…
    Read More “Antero Looks to Expand Midstream Biz with $315M Unit Sale”

  • | | |

    CONSOL Hits a Few Snags, Lowers Production Estimates for 2017

    As part of a general announcement issued yesterday, CONSOL Energy provided an update on their best guesstimate (called “guidance” in the business) of how much natural gas production the company will achieve in 2017. The latest guidance reveals that production will be LOWER than previously thought. Earlier in the year CONSOL said they should see on the order of 420-440 billion cubic feet equivalent (Bcfe) of natural gas production this year. The number will be more like 405-415 Bcfe. Why the drop? Ceramic beads. When completing a well, a driller fracks the well with small charges, creating cracks (fractures) in the rock. Into those cracks the driller flows water with sand–or alternatively ceramic beads instead of sand. When the water washes out (or gets absorbed into the rock), the sand or ceramic beads stay in place, keeping the rock propped open so gas and oil can escape out into the well. That’s why sand and ceramic beads are called “proppant.” CONSOL, at least for some of its wells, uses ceramic beads. And according to yesterday’s announcement, completion designs using the beads is taking longer than they thought, slowing down progress on completing and bringing wells online. Hence the lower overall output for this year…
    Read More “CONSOL Hits a Few Snags, Lowers Production Estimates for 2017”

  • |

    Chesapeake CEO Doug Lawler Gives Update on “World Class” Marcellus

    British banking powerhouse Barclays is holding its annual Barclays CEO Energy-Power Conference this week in New York City (at the Sheraton in Times Square). Media is not allowed–we’ve tried to score a pass in the past and were turned down flat. The top brass for many different types of energy companies show up to brief investors on the latest goings on within their companies. Some of the companies showing up have a major presence in the Marcellus/Utica, including the largest natural gas producer in the U.S.–Chesapeake Energy. Chessy CEO Doug Lawler provided an update at the Barclays event yesterday. The interesting thing is, Lawler’s talk was recorded and transcribed for all the world to read, on the Seeking Alpha investor’s website. Looks like someone from the media was admitted to the event (sour grapes). Lawler spoke about the company’s accomplishments over the past few years. He also spoke about each of the major shale plays where they operate, including both the Marcellus and Utica. Among Lawler’s statements: He called the M-U, “a very, very strong producing area for the Company.” He went on to say this about the Marcellus: “When you think about the Marcellus, the stability of that asset, the cash flow it generates, it’s world class.” Thanks Doug! We (in the Marcellus) appreciate the compliment. He said the Utica is a “potential growth” area for the company. Below is the portion of Lawler’s remarks where he talks about our region…
    Read More “Chesapeake CEO Doug Lawler Gives Update on “World Class” Marcellus”

  • | | | |

    Carrizo Sells 26K Prime Utica Acres for $62M

    This morning Carrizo Oil & Gas announced it has sold “substantially all” of its Utica Shale assets, located primarily in Guernsey County, OH, for a grand total of $62 million. The Carrizo website says the company owns 25,900 acres in the Utica. Do the math, and if they sold all 25,900 acres for $62 million it works out to a relatively low $2,394 per acre–essentially a fire sale compared with lease prices in that area which are double that amount. Once upon a time Carrizo had big plans for the Utica. They (wisely) sold off their northern Utica acreage and retained their southern acreage in 2012 (see Carrizo Exits Northern Utica Shale, Retains Southern Acreage). The company has drilled four Utica wells–all of them in Guernsey County, with three of the four producing gas and oil. But the oily Eagle Ford play caught the company’s eye and in 2015 Carrizo quit drilling in the northeast (see Carrizo Cuts Budget 35%, No Drilling Planned in Utica/Marcellus in 2015). Since that time, they have not drilled any new wells in the Marcellus/Utica. In May of this year, Carrizo put all of their Marcellus/Utica assets up for sale (see Carrizo O&G Puts Up ‘For Sale’ Sign on Marcellus/Utica Assets). So it should be no surprise they’ve found a buyer (unnamed) to pick up prime acreage in the Utica…
    Read More “Carrizo Sells 26K Prime Utica Acres for $62M”

  • | | | | | | | | |

    M-U’s Biggest Drillers Increase NGL Production for Extra Money

    When a driller sinks a hole in the ground looking for one hydrocarbon–like natural gas–other hydrocarbons also come out of the ground. Sometimes its oil. Sometimes condensate. Sometimes natural gas liquids (NGLs), including ethane, propane, butane, pentane, etc. In northeast and central Pennsylvania where the Marcellus Shale is prolific, most of what comes out of the ground is just methane–or natural gas. However, in the southwestern portion of PA, and in the northern panhandle of WV and on into eastern OH, it’s a different story. They are considered “wet gas” areas because (depending on the county) the wells are prolific NGL producers. Most NGLs, like propane, fetch much higher prices than plain old methane. Typically ethane is the NGL that mostly comes out of the ground, but for many drillers ethane can’t (yet) be sold, so it’s considered a “waste” product, mixed into the methane stream to get rid of it. But that’s changing. There are now pipelines to carry ethane to facilities in both Philadelphia and to a cracker plant in Canada. There’s even a pipeline for ethane (and other NGLs) that goes all the way to the Gulf Coast (ATEX, Appalachia to Texas). Some of the largest Marcellus/Utica drillers now have markets for their NGLs, so they are ramping up production and selling more NGLs. In fact, six of the eight largest M-U drillers increased their NGL production in the second quarter of 2017 compared to 2Q16. Which six increased, and which two decreased NGL production last quarter?…
    Read More “M-U’s Biggest Drillers Increase NGL Production for Extra Money”