Industrywide Issues

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    Quebec’s Junex Says Utica Offer “Not Superior” – Merger in Doubt

    MDN told you in June that Canada’s Quebec Province announced it will commit fracking suicide by implementing a permanent frack ban (see Quebec to Ban Utica Shale Drilling, Most Other Drilling Too). Quebec’s announcement is a virtual death sentence for oil and gas companies in the province. The shale fracking ban is coupled with new drilling standards so tight that even conventional drillers will have a difficult, almost impossible time. The result was immediate. Junex, a driller headquartered in Quebec with 1 million leased acres in the St. Lawrence lowlands (where there is Utica Shale), announced it would sell out to/merge with Cuda Energy, headquartered in Calgary, Alberta. Except now the merger is in doubt. It seems the merger was Cuda’s idea and was “unsolicited.” But hey, what’s a oil/gas driller going to do if they can’t horizontally drill and frack? Junex looked the offer over in detail and says it “does not constitute a ‘Superior Proposal’.” Oh oh. Is this a negotiating tactic for a higher price/better terms? What’s Plan B for Junex if they don’t sell out to Cuda? Here’s the latest on the Cuda/Junex potential merger…
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    Chesapeake’s $2B Exit from Ohio Utica “Is a Good Thing”

    Last week MDN shared the blockbuster news that Chesapeake Energy is exiting the Ohio Utica, selling all of its Ohio assets for $2 billion (see Stop Press: Chesapeake Sells ALL of its Ohio Utica Assets for $2B). The buyer is Encino Acquisition Partners, a joint venture between Encino Energy and the Canada Pension Plan Investment Board. At the time we speculated this may be good news for Ohio’s landowners signed with Chesapeake–that perhaps landowners now stand a better chance of seeing new drilling. That was just speculation/hope on our part. Looks like we’re not the only ones thinking that way. A couple of industry experts are saying the same thing. One of them said Chesapeake’s sale and exit “is a good thing” because it means Encino will sink money into new drilling programs in a way that Chesapeake, larded up with debt, could not…
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    PA Briggs “Rule of Capture” Case Turns on Concept of Drainage

    In April, MDN brought you the news that Pennsylvania Superior Court had handed down a decision (known as the “Briggs” case) that has the power to greatly restrict, perhaps even stop, Marcellus drilling in PA (see PA Superior Court Overturns “Rule of Capture” for Marcellus Well and PA “Rule of Capture” Case has Power to Limit Marcellus Drilling). The issue, in brief, is that the Superior Court decision disallows using an age-old principle called the “rule of capture” when it comes to shale drilling and fracking. It opens the door to a myriad of frivolous lawsuits claiming that a fracture, a crack created during fracking, is draining gas from a neighbor’s property without justly compensating the neighbor for the gas. Southwestern successfully argued in a lower court that the odd crack here and there that may slip under a neighbor’s property is permissible. The landowner appealed to Superior Court and three judges heard the case. Two of the three overturned the lower court and sided with the landowner. Southwestern, following that decision, petitioned the Superior Court to have all of the sitting justices (called en banc) hear the case. Sadly, in June the Superiors proved they aren’t so superior after all, declining to rehear the case (see PA Superior Court Rejects Southwestern “Briggs” Trespass Appeal). Southwestern then appealed the case to the PA Supreme Court in early July (see Southwestern Appeals “Briggs” Trespass Case to PA Supreme Court). No word yet on whether or not the Supremes will take the case. In the meantime, this case and its ultimate effect on drilling in PA and beyond is still a hot topic of discussion throughout the industry. We spotted two recent articles tackling it–one from a lawyer who does a great job of crystallizing the important elements in the case–that this case turns on the concept of drainage, and the other article which tackles the broader topic of how energy law in PA is charting its own path separate from Texas and other big oil/gas states…
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    NEXUS Pipeline Update – Now 80% Complete, on Schedule for 3Q18

    NEXUS map – click for larger version

    The NEXUS Pipeline project, owned by DTE Energy and Spectra Energy (Enbridge), is a $2 billion, 255-mile interstate pipeline that runs from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada. NEXUS got final approval for the project from the Federal Energy Regulatory Commission (FERC) in August 2017, the first major pipeline to get approved following a newly restored quorum at FERC (see New FERC Quorum Votes Final Approval for NEXUS Pipeline). However, radical environmental groups have fought the project tooth and nail. CORN (Coalition to ReRoute Nexus), and the far-left Sierra Club, launched lawsuits and regulatory actions against the pipeline. The City of Green, OH initially blocked construction, but later cut a deal to allow the pipeline through the area after NEXUS agreed to pay the city $7.5 million and donate 20 acres of land that sit next to an existing city park (see Antis of Green, OH Finally Face Reality – Will Allow NEXUS Pipe). So just how is the project doing? On a recent quarterly analyst phone call, DTE’s president and chief operating officer, Jerry Norcia, answered that question. He said, in brief, that the pipeline is now 80% built and on track to go online in the third quarter of this year…
    Read More “NEXUS Pipeline Update – Now 80% Complete, on Schedule for 3Q18”

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    ME2 Landowner/Protester Admits to Some of Her Crimes, $25K Bail

    Yesterday we told you that a Pennsylvania landowner from Huntingdon County, PA, Ellen Gerhart, was arrested on Friday for violating a court order to not interfere with Mariner East 2 (ME2) pipeline work being done on her property (see Central PA Landowner Arrested, Jailed for Violating ME2 Court Order). Although Gerhart is due for a hearing before a judge on Friday, there was a preliminary hearing yesterday. Gerhart “attended” by video conference because she’s being held in a neighboring county jail (Huntingdon doesn’t have facilities to house female prisoners). Under questioning, Gerhart admitted her actions were intended “to annoy and harass” ME2 workers by her actions. What were those actions? She admitted placing meat close to the construction site in order to attract bears. She also admitted setting small fires in bottles/cans, hinting to workers that they might explode (like a Molotov cocktail). She remains in jail, for now. Yesterday the judge set bail at $25,000…
    Read More “ME2 Landowner/Protester Admits to Some of Her Crimes, $25K Bail”

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    DC Circuit Court Denies Anti Request to Rehear AIM Pipe Approval

    The Algonquin Incremental Market (AIM) pipeline project is an expansion of the existing Algonquin pipeline system designed to carry 342 million cubic feet of natural gas per day to New England states that badly need the gas. On March 3, 2015 the Federal Energy Regulatory Commission (FERC) issued their final approval for the project, allowing it to go forward. Construction began in 2015 and, following extreme opposition from New York State over a small portion of the project, it finally went online in late 2016. New York’s radical, anti-drilling governor, Andrew Cuomo, tried to stop the Algonquin using the flimsy excuse that some of the drilling for the pipeline would happen a half mile from a nuclear power plant–a plant that’s shutting down anyway. A few weeks after Cuomo requested FERC shut it down, FERC told him “no”–which was the cue for Big Green groups to file an appeal with the District of Columbia Court of Appeals to force FERC to rehear/reconsider their approval (see Radical Enviro Groups File Appeal to Stop AIM Pipeline in NY/CT). They asked the D.C. court to tell FERC to deny AIM after all because, they say, the project should have been lumped in with consideration of a second project, called Atlantic Bridge. Hope springs eternal for antis. Even though the completed project has been up and running for a year and a half, they still hoped they could roll back the clock and stop the extra gas flowing through AIM with their lawsuit. Those hopes were dashed on Friday when the D.C. court denied the rehearing request…
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    Berkeley/Johns Hopkins Publish Junk Study on Fracking & Depression

    The usual suspects from Johns Hopkins University, working with researchers from the University of California, Berkeley, have completely soiled themselves this time. It’s really kind of embarrassing. In a “study” just published in Nature, researchers claim they have found a link between living near fracking sites in Pennsylvania and an increased incidence of being *mildly* depressed. We get mildly depressed just reading this drivel. Maybe there’s a link between junk science and mild depression? Launch a study! The research team this time around includes a fellow from the Post Carbon Institute, a rabidly anti-fossil fuel organization that has called fracking a “virus.” You can tell just how biased and false this study truly is just based on the wackos who published it. The “study” is titled, “Associations of unconventional natural gas development with depression symptoms and disordered sleep in Pennsylvania” (full copy below). It’s not even real research. They used a bunch of medical records from a local hospital network (Geisinger) and didn’t actually interview anyone themselves. Totally made up. Total fiction. That’s what you need to know about the latest attack on Marcellus drilling…
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    Enviro Groups Back Down on Challenging DEP Permits for ME2 Pipe

    An interesting development on Friday, when the Pennsylvania Dept. of Environmental Protection (DEP) issued a press release to announced that three radical environmental groups have dropped their objections to permits the DEP previously granted for the Mariner East 2 Pipeline. Clean Air Council, Mountain Watershed Association, and THE Delaware Riverkeeper “settled” their appeal of 20 permits issued to Sunoco for the ME2 project. What does it mean that they “settled?” According to the announcement, “The settlement does not alter any of the 20 permits in the appeal.” In other words, this is face-saving by the radical groups. They backed down. Gave up. Threw in the towel–recognizing that ME2 is about to be completed. In other words, they’ve lost. And we won! We love saying that. No matter how hard the radicals tried to spin the news (via their affiliated mouthpieces, like StateImpact Pennsylvania), you simply can’t gloss over the fact that they’ve backed down…
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    Central PA Landowner Arrested, Jailed for Violating ME2 Court Order

    For the past two years the Gerhart family has used illegal protest tactics to stall tree cutting on their property in Huntingdon County, PA, to block construction of the Mariner East 2 (ME2) Pipeline. Out-of-state Big Green radicals, along with the Gearharts’ own daughter, lived on-and-off in the tops of three white pine trees, building magic tree houses so they can lay around and pretend they’re saving the planet. The tree occupation prevented Sunoco Logistics Partners from cutting the trees, which are in the path of the ME2 project. Then, at daybreak on Sunday, April 8th, after observing the protesters had left the night before scared of impending high winds, Sunoco snuck in and cut down the trees, much to the consternation of the Gerharts who called it a “underhanded and cowardly attack.” The Pittsburgh Post-Gazette called it a “predawn timbering raid” (see ME2 Pipeline Cuts Down PA Trees Vacated by Protesters). Funny! We mention all that as background because the mama Gerhart has landed herself in jail. Sunoco said that Ellen Gerhart violated a standing court order to not interfere with work happening on her land for the pipeline. So police arrested and jailed her last Friday, without bond, until a hearing date on Aug. 3 (a week later). What did Mrs. Gerhart do to end up in the slammer?…
    Read More “Central PA Landowner Arrested, Jailed for Violating ME2 Court Order”

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    Court Cancels Permits for Mountain Valley Pipe on Fed Land

    The Sierra Club and two other far-out, radical “environmental” groups have scored a minor victory in convincing the U.S. Court of Appeals for the Fourth Circuit to overturn permits issued by the U.S. Forest Service (USFS) and Bureau of Land Management (BLM) that allows EQT Midstream’s Mountain Valley Pipeline to cross 3.5 miles of Jefferson National Forest in West Virginia and Virginia. The court says USFS and BLM didn’t come to the right conclusion about sedimentation and erosion impacts of MVP. The judges (who don’t know a thing about these issues) say USFS and BLM’s contention that impacts can be adequately mitigated is in error. Ever notice how some judges love to tell other people how to do their jobs? In practical terms, the decision is merely an irritation–affecting maybe 1% of the overall project. But the broader implications are troubling. The Clubbers and their friends have a similar case against MVP at the same court (Fourth Circuit) that asks the court to block construction of MVP throughout Virginia on the theory that a stream crossing permit issued by the U.S. Army Corps of Engineers is faulty (see Army Corps Engrs Reinstates MVP Permits for 4 WV River Crossings). Will the Fourth Circuit judges now tell the Army Corps how to do their job too? That’s the strategy outlined in the Sierra Club’s arrogant, boastful press release following the decision stopping construction of MVP in Jefferson National Forest…
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    OH Wayne Natl Forest Landowners Tired of Waiting, Take Fight to DC

    Bureaucrats deeply embedded in the federal Bureau of Land Management (BLM) are engaged in denying private property owners with property in the Ohio Wayne National Forest (WNF) their property rights. That’s the very serious (and true) charge being levied by members of the National Association of Royalty Owners (NARO). After “seven years of inaction,” property owners in WNF have taken their case to Washington, D.C.–to elected representatives from Ohio, along with federal agencies–in hopes of getting Utica drilling under way in WNF. After 10 long years, the BLM finally auctioned 719 acres in WNF in December 2016 (see BLM Auction Leases 17 Parcels, 719 Acres in OH Wayne Natl Forest). Since then BLM has held three more auctions. Ultimately there are some 18,000 acres under consideration for leasing by the BLM in WNF, a “patchwork” of public land scattered among private land. Some 60% of the mineral rights below WNF are privately owned! Those mineral rights owners have been denied the use of their property rights for more than a decade. It was thought with the beginning of auctions the situation would be remedied. Not so. Not a single drilling permit has been issued following the auctions. BLM bureaucrats are threatening private landowners that their property, if it belongs to a drilling unit along with BLM auctioned land, will be subject to a full National Environmental Policy Act (NEPA) review. Enough! It’s time to put an end to unelected DC swamp dwellers blocking Utica drilling in WNF…
    Read More “OH Wayne Natl Forest Landowners Tired of Waiting, Take Fight to DC”

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    Snap: Lebanon, PA Antis Protest Fossil Fuels Weekly for 1.5 Hours

    Every Friday afternoon from 4 to 5:30 pm, a single protesters (typically just one person) stand on a corner in Annville (Lebanon County), PA holding a sign to protest pipelines and fossil fuel energy. The selected protester, from a group calling itself Lebanon Pipeline Awareness, stands on a corner wearing clothes and sneakers made from plastics–i.e. fossil fuels. Sporting a sign made from materials that include fossil fuels. The protester was transported to that location using vehicles made from fossil fuels (loaded with plastic) and powered by fossil fuels (gasoline). The protester comes from a home or apartment heated and cooled with fossil fuels. The anti group alerted the media to come take a look at the “protest” by using computers made from and powered by fossil fuels. The protester drinks water from a plastic bottle–made from fossil fuels–as he/she stands there holding a fossil-fuel-made sign. And yet, these people are there to protest fossil fuels! Does anyone else see how utterly pathetic this is? How dishonest? How truly nutty?…
    Read More “Snap: Lebanon, PA Antis Protest Fossil Fuels Weekly for 1.5 Hours”

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    Marc/Utica Gas Trucked to Jacksonville, FL for Use in LNG Ship

    Crowley’s El Coqui – LNG powered ship

    There is a trend underway for ships to use LNG (liquefied natural gas), which cuts down on pollution from using diesel and other fuels. Good trend! There is a term associated with LNG used in ships you may not be familiar with: LNG bunkering, which is the practice of providing LNG to a ship to use for its own consumption. It’s not a no-brainer to fuel up an LNG ship. It takes special equipment. Last Wednesday Eagle LNG officially opened its Maxville (suburb of Jacksonville), Florida liquefaction facility to first liquefy then transport LNG to Crowley’s new LNG bunkering facility at the Port of Jacksonville (Jaxport) where the LNG will be used to fuel Crowley’s El Coqui, the world’s first LNG-powered ship designed to carry both containerized and roll-on/roll-off cargo. First liquefy the natural gas, then get it to the fueling station (bunkering) that loads it onto the ship. The cool thing is that some of the natural gas arriving at Eagle LNG’s facility is coming from the Marcellus/Utica region, “trucked” to Jacksonville…
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    Oneonta, NY Wants to Build NatGas Decompressor for Short Supplies

    The main economic development agency in Otsego County, NY, known as Otsego Now, is working on a plan to build a “decompressor” in the Oneonta area to help with natural gas supplies. The proposed facility is described as “a decompression station for compressed natural gas deliveries by truck to supplement resources.” Here’s the problem. On really cold and really hot days, there’s not enough natural gas in the region, and some large users of gas (they get gas from local utility NYSEG), actually have to stop using gas and switch to oil as a backup. It’s nuts. Apparently NYSEG (New York State Electric & Gas, owned by Spainish-based Iberdrola) isn’t in the mood to upgrade a local pipeline that brings gas to the area. So to overcome lack of gas, the local econ development people are trying to chase down grants to build a decompression station, to accept CNG from a virtual pipeline (trucked in CNG), converting the compressed gas back to normal pressure so it can flow through NYSEG’s less-than-adequate pipelines in the area to large gas users that need it…
    Read More “Oneonta, NY Wants to Build NatGas Decompressor for Short Supplies”

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    EQT Still Fighting WV Minimum Royalty Law for Flat Rate Leases

    Follow the bouncing ball. Earlier this year the West Virginia legislature passed Senate Bill (SB) 360, which Gov. Jim Justice subsequently signed into law (see WV Gov Justice Signs Bill to Guarantee 12.5% Minimum Royalty). The new law overturns a ruling by the WV Supreme Court in Leggett v. EQT Production, a case in which the Supremes (in a very unusual move) reversed their own previous decision and allowed EQT to deduct post-production expenses in old flat rate leases. In essence, SB 360 guarantees rights owners/landowners a 12.5% minimum royalty, regardless of post-production deductions–but only in flat rate leases. A flat rate lease is a lease in which a company pays a regular (in EQT’s case, annual) payment, regardless of how much oil/gas is produced. Traditionally drillers don’t deduct post-production expenses because the payments landowners get are piddly anyway. But EQT began to claim deductions, prompting a lawsuit that went all the way to the Supreme Court. The legislature aimed to “fix” what they considered an error in the court’s ruling. EQT claims the new law is unconstitutional and in April filed a lawsuit asking a judge to stop the law from taking effect (see EQT Sues WV for Passing Minimum Royalty Law re Flat Rate Leases). WV responded in June, asking the judge to dismiss EQT’s lawsuit (see WV Files Motion to Dismiss EQT Lawsuit Targeting Royalty Law). And now the ball has bounced again. EQT just filed paperwork asking the judge to deny the state’s motion to dismiss the lawsuit, claiming the new law improperly invokes “police power”…
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    Squabbling Over 2nd Lordstown Utica-Fired Elec Plant Near an End

    There is an ongoing legal squabble in Trumbull County, OH over a proposed second Utica gas-fired electric plant in Lordstown. Clean Energy Future (CEF) is currently building the Lordstown Energy Center, and has been since June 2016 (see Lordstown Energy Center Breaks Ground on $890M Electric Plant). That project is 95% built. CEF proposed, and got the Ohio Power Siting Board (OPSB) to approve, plans to build a second Utica-fired plant next door to the first (see Ohio Approves 2 Utica-Fired Power Plants in Guernsey, Trumbull Counties). As is typically the case, CEF (the builder) sold most of the first project to investors. In this case the new majority owner for the first power plant is Macquarie, an international investment firm. CEF sued Macquarie last September saying Macquarie is preventing CEF from building the second plant. Macquarie says if a second plant gets built in the same location, the first plant (now owned by Macquarie) will take a $6.7 million hit on earnings each year. Macquarie wants CEF to pay them that amount annually when/if the second plant gets built. To which CEF says, “They’re looking for an extortion payment.” Even though the legal wrangling continues, it’s now close to resolution. Trumbull County Court ruled in favor of CEF, instructing Macquarie to sign paperwork allowing the second plant to get built, and to sell property owned by the first plant to the second plant (as provided for under the original contract). Macquarie has refused to sell the land. CEF has asked the court to find them in contempt and make them sell. CEF also wants Macquarie to pay them $130 million for delaying the second project for more than a year…
    Read More “Squabbling Over 2nd Lordstown Utica-Fired Elec Plant Near an End”