Industrywide Issues

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    Williams Reveals Eminent Domain Strategy for Atlantic Sunrise

    One of the interesting breakout sessions MDN editor Jim Willis attended at last week’s Shale Insight event in Pittsburgh was a panel of lawyers discussing recent rulings in the Marcellus/Utica related to eminent domain and royalties. Sitting with the lawyers was a non-lawyer panelist from Williams. Aaron Blair is right-of-way manager for Williams in the northeast. He managed securing easements for the Atlantic Sunrise Pipeline project, Williams’ $3 billion, 198-mile pipeline project running through 10 Pennsylvania counties to connect Marcellus Shale natural gas from northeastern PA with the Williams’ Transco pipeline in southern Lancaster County. The lawyers on the panel peppered Blair with questions about his strategy for securing rights. Blair’s strategy boils down to this: if/when you need to file for eminent domain, do so in federal, NOT Pennsylvania state court (and certainly not with appointed commissions). Blair finds federal judges know the law and stick to the law–and the case law with regard to eminent domain, whether you like it or not, is quite clear when it comes to pipelines. Atlantic Sunrise began with needing leases from about 950 landowners. In the end, just under 50 of them had to be settled with eminent domain proceedings in court. Here’s an overview of what Blair said on the panel…
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    Wayne Landowners Will “Fight Like Never Before” to Stop DRBC Ban

    Landowners in Wayne (and Pike) counties in northeastern Pennsylvania are not going to stand by and allow their property rights to be stripped away from them. Two weeks ago the Delaware River Basin Commission (DRBC), which has had an ongoing, “temporary” ban on fracking within the Delaware River Basin since 2010, voted to begin the process of implementing a permanent ban (see Governors from PA-NY-DE Vote to Ban Fracking in Dela. River Basin). That has folks like Wayne County dairy farmer Brian Smith hopping mad. He said if the DRBC bans fracking, “people will fight for their property rights like they’ve never fought before.” DRBC spokesman Clarke Rupert is asking the public to “not prejudge the proposed rules,” which is a joke. What he means is, “Lay down and let us kill your property rights, and don’t say anything while we do it.” Landowners in NEPA are not about to let that happen. Good for them…
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    Using NAFTA, US Co. Sues Canada for Blocking Quebec Utica Drilling

    Lone Pine Resources, a U.S.-based driller, has a huge amount of Canadian Utica Shale acreage in the province of Quebec. As we reported in 2012, they own 398,850 gross (240,320 net) acres of leases (see U.S. Driller Sitting on Big Canadian Utica Shale Reserve). The problem is, Quebec won’t allow fracking. However, that is changing. In September the government published draft drilling regulations (see Quebec Government Publishes Draft Utica Fracking Regulations). There is an exception. Some (we’re not sure how much) of Lone Pine’s Utica acreage sits UNDER the mighty St. Lawrence River. In 2011 Quebec passed a law that even if fracking comes to other portions of the province, it will never be allowed under the river. So Lone Pine is using a tribunal that hears NAFTA (North American Free Trade Agreement) cases, to ask for $103.6 million in compensation for being robbed of their asset by the Quebec government…
    Read More “Using NAFTA, US Co. Sues Canada for Blocking Quebec Utica Drilling”

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    EQT Raises $3B in IOUs as Down Payment for Rice Energy Purchase

    On Wednesday, EQT announced the company has floated $3 billion (yikes!) of IOUs–called “notes” in the financial industry–with various due dates and interest rates payable, in order to make a cash payment due as part of their purchase of Rice Energy. The total deal is worth $8.2 billion, with EQT paying $6.7 billion and assuming Rice’s existing debt of $1.5 billion (see EQT Buys Rice Energy in $8.2B Deal, Becomes #1 Gas Producer in US). This deal is moving ahead, over the objections of two different corporate raiders who own a considerable amount of EQT stock (see Proxy Fight: Jana Partners, Atlas Tries to Stop EQT/Rice Deal and Under Pressure, EQT Moves Up Timeline to Explore Splitting Co.). In addition to raising $3 billion in cash from IOUs, EQT is also tapping into its line of credit and the money it has socked away in its checking account to get this deal done…
    Read More “EQT Raises $3B in IOUs as Down Payment for Rice Energy Purchase”

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    List of 15 Active Marcellus/Utica Pipeline Projects Worth $23B

    One of the major themes at this year’s Shale Insight, emphasized several times, is that “We need pipelines, and we need them asap.” MDN heard that refrain a number of times, in different sessions. The good news is that there is more than $23 billion in planned pipeline investment to build more than 3,200 miles of pipelines–either planned or under development–for the Marcellus/Utica region. If you add these 15 project together, they will move another 17 billion cubic feet of Marcellus and Utica natural gas, and 345,000 barrels of natural gas liquids (NGLs), PER DAY! Some of these pipeline projects are already under construction, nearing completion. Some have just begun construction. Some will begin construction soon. And some are still waiting for regulatory approvals. A few are tied up in court, attempting to overcome state bans in New York. Any way you slice it and dice it, more pipelines ARE on the way, asap. And that’s very good news. Below is a list of the 15 projects, courtesy our friends at Energy in Depth…
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    Fed Judge Tosses Lancaster Nuns’ Freedom of Religion Lawsuit re ASP

    A group of Catholic nuns in Lancaster County called Adorers of the Blood of Christ have tried several strategies to derail the Williams Atlantic Sunrise Pipeline (ASP) project. One of stunts they have pulled, in league with a radical Big Green group, is to stick a few wooden park benches in the middle of a corn field that they own (leased to a local farmer), and call it a “chapel” (see Catholic Nuns Use Radicals to Build Chapel in Path of PA Pipeline). Which is why MDN dubbed them, Sisters of the Corn. The heck of it is that the good Sisters use natural gas to heat an old folks home they operate at the same address! Talk about religious hypocrisy. The Sisters used the chapel-in-the-corn as an excuse to sue the Federal Energy Regulatory Commission over their approval of Atlantic Sunrise on the grounds that running the pipeline through their corn field violates their religious freedom (see Lancaster Nuns Sue FERC to Stop Atlantic Sunrise Pipeline). Yesterday a federal judge in Reading, PA dismissed the frivolous lawsuit brought by the Sisters of the Corn…
    Read More “Fed Judge Tosses Lancaster Nuns’ Freedom of Religion Lawsuit re ASP”

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    Shale Insight 2017 – Day Two News Roundup

    Shale Insight 2017 is now in the books. Another year, another great show. MDN editor Jim Willis is back in the office, chained to his computer. Next week Jim will share notes he took at the conference. For now, below are highlights from other news source from Day Two of the event. Unfortunately Jim had to leave before the closing keynote, given by former Trump White House Press Secretary Sean Spicer. But others were there to hear what Spicer had to say. Day Two began with a focus on the Shell ethane cracker. Members of the Shell team were on hand to describe how this critical project affects the region, and where it fits in the Marcellus/Utica landscape. One of the Shell team members said the skyline at the Beaver County site will change dramatically over the next 12 months as the buildings housing the various components are built. It was a fascinating talk with lots of information. Below is a roundup from Day Two…
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    Maine Wants Canada to Build NatGas Pipeline, Bypass MA, NH, NY

    This story makes us angry–not at Maine Gov. Paul LePage, but at the obtuse governors and officials in Massachusetts, New Hampshire and (yes) New York. For years LePage, a Republican, has advocated for more natural gas pipelines to his state and to the entire New England region. Back in 2014 all of New England’s governors were on board with supporting Kinder Morgan’s Northeast Energy Direct (NED) pipeline extension of the Tennessee Gas Pipeline (see Blue State Blues: 6 New England States Want New Natgas Pipeline). But then radical environmentalist took over, and the others lost their nerve–and their minds–eventually killing the project two years later (see NED is Dead – Kinder Morgan Suspends $3.3B New England Pipeline). Every pipeline project floated for the New England region meets with the same obtuse, frankly idiotic resistance. And LePage has had enough. If Massachusetts, New Hampshire and New York won’t let pipelines pass through their stats to reach Maine, then LePage wants the Canadians to build a pipeline south across the border Maine shares with Quebec. You can’t blame LePage–he’s doing what he has to in the best interests of his residents. The real shame is that cheap, abundant American shale gas from the Marcellus/Utica could be the gas flowing to Maine. But now, it appears it will be Canadian gas instead. Maddening!…
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    GlobeLTR Energy Inc. Rebrands Itself as Gravity Oilfield Services

    This one is follow the bouncing ball. In February 2017 Permian-based oilfield service company Light Tower Rentals merged with Globe Energy Services and became GlobeLTR Energy Inc., which is one of the portfolio companies of Clearlake Capital Group. Clearfield is the money and likely offers “advice” (i.e. directives) on how to run the business. After all, it’s their money on the line. Earlier this week GlobeLRT Energy changed names again, and has become Gravity Oilfield Services. It is a “comprehensive rebranding effort,” according to the announcement. Why do we care? Because Gravity nee GlobeLRT nee Globe Energy has operations in the Marcellus/Utica region. In fact, in addition to the mighty Permian oil play, they also operate in the Eagle Ford Shale, SCOOP/STACK, Williston Basin, DJ Basin, Marcellus Shale and Haynesville Shale–among others. Sometimes you need a score card to keep track of who does what and what they call themselves…
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    Gas Traders Go After M-U’s Local Hubs for Higher Returns

    The greater the risk, the greater the reward. You’ve heard that bromide multiple times in your life. And for good reason–it’s true. Our entire stock and financial markets are based on that truism. Gas traders, those who trade futures contracts for natural gas, are like any other traders–they big price swings. It is when the price of the underlying commodity swings that (i.e. when risk rises) that traders make the most money. Don’t know if you’ve noticed, but the price of natural gas hasn’t really swung much at all over the past few years–at least at the Henry Hub, which is where most contracts are pegged. Why? We have a “glut” of natural gas. As soon as the price creeps up a bit, more gas floods the market. But as we’ve written many times in the past, there isn’t just “one price” when it comes to natural gas. There are hundreds of prices–gas is traded at hundreds of different trading points along major pipelines across North America. While the price of gas is steady and doesn’t change much (i.e. no real opportunity to profit from risk) at Henry Hub, such is not the case at all trading hubs. Particularly in the Marcellus/Utica. In our region, prices have been much lower than the Henry Hub–and much more volatile. Wider swings up and down. Now that Rover is flowing, prices are going up in some areas of our region. Other pipelines have a similar effect. So gas traders are beginning to leave contracts pegged to Henry Hub behind and trying their hand at contracts pegged at other trading hubs–some in our region, some in other regions. Bloomberg gives us the low down on a trend that has the power to affect the price of natural gas across the country–particularly in our region…
    Read More “Gas Traders Go After M-U’s Local Hubs for Higher Returns”

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    Shale Insight 2017 – Day One News Roundup

    MDN is once again attending the Shale Insight event–in Pittsburgh. Yesterday was the first day of the event. The crowd was definitely smaller than last year when then-candidate Trump spoke to attendees. However, Day One saw a number of heavy-hitting speakers, including Secretary of Labor Alexander Acosta, Deputy Secretary of Energy Dan Brouillette, XTO Energy President Sara Ortwein, Chevron Appalachia President Stacey Olson, and People’s Natural Gas CEO Morgan O’Brien. Marcellus Shale Coalition President Dave Spigelmyer served as master of ceremonies and seemed to be everywhere-present during the event (how does he DO that?). From the opening session to the exhibit floor to attending the breakout sessions, MDN editor Jim Willis made the rounds–and took lots of notes. In the coming days he will write up those notes and share them. For now, we have links and extracts of articles from other publications attending and reporting on this year’s Shale Insight…
    Read More “Shale Insight 2017 – Day One News Roundup”

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    Chevron & People’s Natural Gas Team Up to Map Out PA’s $60B Future

    One of the big announcements coming from Shale Insight 2017 on the first day was the release of a new study tag-team researched by Chevron Appalachia and People’s Natural Gas. As People’s CEO Morgan O’Brien explained it–everyone assumes “someone else” has a master plan, a statewide strategy for how to develop this phenomenal resource. But when you look around you come to the realization that no one has such a plan. So Chevron Appalachia CEO Stacey Olson approached People’s CEO O’Brien and asked for help to research and author a study that would provide such a plan–a plan to unlock what they believe is a $60 BILLION opportunity for Pennsylvania that will create 100,000 new jobs statewide. The result is a study called “Forge the Future: Pennsylvania’s Path To An Advanced, Energy-Enabled Economy” (full copy below), released yesterday. We now have, according to Chevron’s Olson and People’s O’Brien, the road map. What we need is for people in the industry to step up and seize the day and take action to create that amazing future…
    Read More “Chevron & People’s Natural Gas Team Up to Map Out PA’s $60B Future”

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    Bad Blood: Rover Pipe CEO Sends Caustic Letter to Ohio EPA, FERC

    Last week MDN brought you the news that Ohio EPA’s director, Craig Butler, has kind of tipped over into the deep end with his rantings and ravings about Rover Pipeline (see Ohio EPA’s Craig Butler Goes Nuts, Demands $2.3M from Rover Pipe). Butler held a conference call with the media where he made wild allegations. What seems to have precipitated Butler’s media bender is a decision by the Federal Energy Regulatory Commission (FERC) earlier in the week to allow Energy Transfer, builder of Rover, to resume horizontal directional drilling (HDD) in most Ohio locations, after banning it for several months (see FERC Lifts Rover Horizontal Drilling Ban, Pipeline Work Resumes). ET has responded to Butler’s tirade with a hard-hitting (we’d call it caustic) response. In a letter to Butler, carbon copied to FERC, Rover President & CEO Matthew Ramsey essentially says Butler and the OEPA is trying to cover its own mistakes in not requiring storm water permits for most of the project’s life–then coming along after the fact saying Rover didn’t apply for those permits (when OEPA never required them in the first place). Ramsey also said Butler “refuses to recognize the law” that FERC, and not OEPA, is in charge of this project. It gets better. Ramsey says he is “mystified by what you are trying to achieve” by requiring something (said storme water permits) Rover is now voluntarily doing–permits that OEPA itself has approved! This letter really takes the gloves off and (our words) calls Butler a lunatic. Read it for yourself and see what you think…
    Read More “Bad Blood: Rover Pipe CEO Sends Caustic Letter to Ohio EPA, FERC”

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    OH Landowner Wants High Court to Force Driller to Explore Shale

    Back in March MDN told you about an Ohio landowner with an old oil and gas lease where a conventional (vertical only) well was drilled–and still producing–suing the energy company, telling the company to either explore the shale layer, or severe the lease rights to shale so the landowner can lease it to someone who will go after the shale (see OH Supreme Court to Hear Appeal re Driller Who Won’t Explore Utica). The case went to the Ohio Supreme Court and on Tuesday the high court heard oral arguments. Can we divine which way the court may rule, based on comments by the justices? Perhaps…
    Read More “OH Landowner Wants High Court to Force Driller to Explore Shale”

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    Broome Virtual Pipe Project in Limbo, Fenton Board Refuses to Act

    In early September, a Broome County, NY judge ruled that the Town of Fenton (Binghamton area) Planning Board did not take a hard enough look at environmental and traffic issues related to their approval of NG Advantage’s plan to construct a facility in the town to compress and load natural gas onto tractor trailers for delivery to regional customers who desperately need the gas–what is called a “virtual pipeline” (see Judge Rules Against Broome Virtual Pipe, NG Advantage to Try Again). The lawsuit was brought by a local school district, which a Freedom of Information Act request reveals is paying approximately $40,000 in legal fees to high-priced lawyers to win the case, stopping the project (we hope Chenango Valley School District taxpapers appreciate their taxes going up to pay for it, and less money available in the budget to “educate” their precious children). NG must now resubmit the project for approval. On Tuesday night, NG did just that–re-applying to the Fenton Town Planning Board. A meeting was held at the local fire hall where some 250 people showed up. The crowd contained those both for and against the project. Unfortunately two of the seven Planning Board members were not present–possibly having resigned due to extreme pressure from bullying antis. So then there were five. Three of the five voted to become the lead agency to review the project, which is the first step in the process. However, three of seven is not a majority. Which puts the project in limbo, not able to go forward. What happens next?…
    Read More “Broome Virtual Pipe Project in Limbo, Fenton Board Refuses to Act”

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    Shale Support Holdings Expands M-U Frac Sand Business via Partnership

    Shale Support Holdings, which says it is a leading provider of frac sand and logistical solutions to the oil and gas proppant market (headquartered in Texas, with an operations center in Mississippi), is stepping up its presence in the Marcellus/Utica region with a partnership with Tidewater Logistics. The partnership will increase Shale Support’s operations in Ohio, Pennsylvania and West Virginia. Because Shale Support can ship sand direct from Mississippi, which is much closer than most other alternatives, the price for frac sand will be cheaper for customers. Here’s the good news about a new partnership benefiting Marcellus/Utica drillers…
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