Industrywide Issues

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    WVU Program Converts Stranded Shale Gas into “Valuable Products”

    West Virginia University (WVU) has joined a national effort to “turn natural gas into valuable products and do it at the well.” There are many locations in the Marcellus (and Utica) where pipelines don’t yet connect. Wells drilled but not hooked up to production. WVU has joined the newest branch of the U.S. Department of Energy’s National Network of Manufacturing Institutes. Called Rapid Advancement in Process Intensification Deployment institute, or RAPID, the institute “will focus on using advanced manufacturing to develop breakthrough technologies to boost the productivity and efficiency of some of industrial processes by 20 percent in the next five years.” That is, they plan to design modular reactors–think of them as teeny tiny crackers–that can be carted around well site to well site, converting methane, ethane and other hydrocarbons into new chemical products. It’s a very exciting concept. WV in particular has a lot of hilly terrain that makes installing pipelines difficult. This is a potential solution to that problem…
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    LNG Co Tellurian Merges With, Takes Over Magellan Petroleum

    As we pointed out to you last December, evil corporate raider Carl Icahn (invests in companies so he can fire a bunch of people, boost the stock and pocket the profit) had fired Cheniere Energy CEO Charif Souki (see Evil Corporate Raider Carl Icahn Claims Another CEO Scalp). Souki hasn’t let it slow him down. He started a new LNG export company, Tellurian, to compete with his old company (see Revenge: Fired Cheniere CEO Starts Competing LNG Company). We kind of had (past tense) a soft spot for Souki, getting tossed from the company he started. But then we read comments he made about Donald Trump, saying if Trump won, he would reconsider his American citizenship (see Will Charif Souki Renounce His American Citizenship?). We’re still waiting for Souki to move back to Egypt. Since forming Tellurian, he’s moved fast to finance the company and its coming Driftwood LNG export facility, essentially by selling off large chunks of it, $25 million from GE Oil & Gas (see GE Oil & Gas Invests $25 Million in LNG Co Tellurian), and $207 million from Total (see French Supermajor Total Buys 23% Stake in Tellurian LNG). Until now, Tellurian has been a private company, no publicly traded shares of stock. That changed last Friday when Tellurian merged with/took over Magellan Petroleum Corporation and began trading stock in the newly merged company on the NASDAQ stock exchange…
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    More on WV’s Push for “Joint Development” Instead of Forced Pooling

    On Friday MDN ran a story of keen interest to both mineral rights owners and drillers in West Virginia–about an effort pushing new legislation this year in lieu of forced pooling, something called “co-tenancy” and “joint development” (see WV Won’t Push Forced Pooling, Will Push Joint Dev. & Co-Tenancy). Co-tenancy is pretty easy to understand: if there are multiple owners for the mineral rights under a property (something that happens fairly regularly in WV), 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. But joint development was something of a mystery for us. We thought it meant if adjoining properties were signed with different drillers, they could more easily be combined for horizontal drilling. Although that may be the case, we were wrong about the the main intent of the new bill. A sharp MDN subscriber (someone from the industry) emailed to explain what’s really going on with this new bill. We also heard from a rights owner who would be affected. And from the West Virginia Oil & Natural Gas Association (WVONGA). We now have a better handle on joint development…
    Read More “More on WV’s Push for “Joint Development” Instead of Forced Pooling”

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    PA Landowner Wins Case Against Chesapeake re Royalty Deductions

    Paul Sidorek, an accountant representing some 60 northeastern Pennsylvania landowners who receive royalty income from drilling, is also a landowner himself. In 2009 Sidorek leased 145 acres, a lease that was eventually sold to Chesapeake Energy. Because of the troubles encountered by others, Sidorek wrote into his lease a 20% royalty and made sure the lease explicitly stated that no expenses could be deducted from the sale of the gas produced on his property. That is, NO post-production expenses could be deducted. And yet, Chesapeake disregarded the lease and deducted as much as 30 percent from his royalties, attributing it to “gathering” and “third party” expenses, an amount that adds up to some $40,000 a year (see Chesapeake Short-Changes PA Landowner on Royalty Checks). Sidorek fought Chesapeake in court, and ended up in arbitration. The arbitrator has just ruled–in Sidorek’s favor. The good news is that a PA landowner has gotten some justice against Chesapeake’s sleazy practice. The bad news is that it’s not a precedent and can’t be used in other court cases…
    Read More “PA Landowner Wins Case Against Chesapeake re Royalty Deductions”

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    WVDEP Loosens Permits for Compressors re Noise & Bright Lights

    The colorful new Governor of West Virginia, Jim Justice, is wasting no time in showing his support and appreciation to the natural gas industry. During Justice’s State of the State address last week, he ordered his new head of the WV Dept. of Environmental Protection, Austin Caperton, to stop saying “no” to businesses that show up with requests (including the drilling industry). During a rambling address, Justice had this to say: “Now, I underline — underline, underline, underline — nobody loves the outdoors as much as me. Nobody loves water as much as me. We’re not going to break the law. We’re got going to do anything to damage the environment to the very best of our abilities. Or our waters. But we are not going to just say no.” And we have perhaps the first instance of that philosophy in action. The previous Gov. Earl Ray Tomblin Administration had enacted certain restrictions in WV permits for compressor stations–establishing noise and light restrictions to protect nearby residents. At the request of the West Virginia Oil and Natural Gas Association (WVONGA), Caperton removed those restrictions…
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    PennEast Pipeline Calls THE Dela. Riverkeeper & Sierra Club Liars

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    It’s about time the gloves came off and we started hitting back–hard. Kudos to PennEast for calling a spade a spade. In an announcement released Friday, PennEast Pipeline did everything but use the word “liar” in reference to the lies and propaganda being spread by Maya van Rossum (THE Delaware Riverkeeper) and her compatriots at the New Jersey Sierra Club. But we can tell you, the sentiment is there, loud and clear. PennEast is taking the gloves off and fighting back against outright lies coming from anti-drilling zealots, calling their screeds “false information” and “misinformation” and “flat-out false” with respect to a lie being spread about an alternate route for PennEast route through central Bucks County…
    Read More “PennEast Pipeline Calls THE Dela. Riverkeeper & Sierra Club Liars”

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    Antis Ask FERC to Block Dalton Expansion Project, Using Greek Pipe

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    In March 2015, Williams announced that its Transco pipeline subsidiary had filed an application with the Federal Energy Regulatory Commission (FERC) for its Dalton Expansion Project, which will expand the Transco and flow more Marcellus Shale gas from New Jersey all the way to Mississippi, primarily for electric generation plants, but also for local natural gas distribution by utilities (see Williams Files with FERC to Expand Transco Pipeline from NJ to MS). Most of the Dalton project will be built in, and benefit, the State of Georgia, by delivering natural gas to an existing electric generating facility in northern Georgia operated by Oglethorpe Power Corp., delivering gas for local distribution company Atlanta Gas Light, and delivering gas for the City of Cartersville. Transco has customers signed up under binding contracts for 100% of the Dalton Expansion Project, which will increase Transco’s capacity by 448,000 dekatherms per day of natural gas. FERC approved the Dalton Project last summer (see Marcellus/Utica Gas Heading to Georgia via FERC-Approved Pipeline). Antis are now attempting to use a creative new way to stop construction. They noticed that some of the pipe being used came from Greece, so they’re asking FERC to stop the project because it doesn’t use American-made pipeline…
    Read More “Antis Ask FERC to Block Dalton Expansion Project, Using Greek Pipe”

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    Antis Go Batty in Effort to Stop Ohio’s NEXUS Pipeline

    Last week we pointed out that of all the major pipeline projects we had hoped the Federal Energy Regulatory Commission (FERC) would approve before Norman Bay quit the Commission in a huff, that NEXUS (runs through Ohio) did not get a go-ahead (see In FERC’s Game of Musical Chairs, NEXUS Pipeline Left Standing). We don’t expect it will take too long before FERC is back up to three or more Commissioners–a quorum–and can then authorize NEXUS. Antis are concerned about that too. So they’re looking for other ways to block the pipeline, hoping if they block it long enough, they can kill it. The latest tactic is nothing new–antis are saying since NEXUS is now delayed, the pipeline won’t be able to clear trees in time to beat a deadline of March 31. After that date you then must wait until October 1st. Why? To avoid killing any northern long-earned bats–which happen to be on the threatened and endangered species list. Antis make no bones about it–they earnestly hope the final NEXUS OK to begin construction comes too late in the season to finish tree clearing. NEXUS maintains the pipeline will be built and in-service by the end of this year…
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    Josh Fox & Antis Plan to Disrupt DRBC Meeting This Wednesday

    There may, finally, be movement by the recalcitrant Delaware River Basin Commission (DRBC) to finally, after eight years, begin to move in the direction of guidelines to allow shale drilling in two northeastern PA counties: Wayne and Pike. Why is there movement now? Because last year landowners launched a lawsuit against the DRBC, a lawsuit the DRBC now senses they may lose (see Wayne County, PA Landowner Sues DRBC Over Fracking Ban). So one of the chief antis, charlatan Josh Fox (of Gasland infamy) has put out the call to rally the radical troops to show up at this week’s DRBC meeting, with plans to disrupt the meeting. Bullying with fear and intimidation is the weapon of choice for this group…
    Read More “Josh Fox & Antis Plan to Disrupt DRBC Meeting This Wednesday”

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    NJ Electric Rates Going Down – Thx to Marcellus Shale Gas

    New Jerseyans, who don’t seem to want new natural gas pipelines, will see lower electricity rates this year–thanks to Marcellus Shale gas that flows through pipelines to electric generating plants–in New Jersey. Last Friday the NJ Board of Public Utilities approved the results of the state’s annual electricity auction. The annual auction sets wholesale electricity prices that the state’s electric utilities will pay and pass through to all NJ residential customers who have not chosen a third-party electric supplier. It is the eighth consecutive year that electric prices are either stable, or have gone down. The reason for the lower rates: “cheaper prices for wholesale natural gas.” And guess where NJ’s cheap natgas comes from? Yep–the Pennsylvania Marcellus…
    Read More “NJ Electric Rates Going Down – Thx to Marcellus Shale Gas”

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    WV Won’t Push Forced Pooling, Will Push Joint Dev. & Co-Tenancy

    Forced pooling legislation in West Virginia has been put forward five times in the past seven years–and each time it has failed to win enough votes in the WV legislature. In its most recent incarnation (last year), forced pooling would allow drillers to form a “unit” for drilling (typically one square mile, or 640 acres) from a group of properties where at least 80% of the mineral rights owners have signed a lease (see WV Forced Pooling Bill HB 4426 Introduced – Debate Rages). 80% is a much higher standard than most other states. But there has been no appetite for forced pooling in WV, at least among rights owners. There have always been other provisions in the forced pooling law that drillers have desired–measures less controversial but important. So this year, the West Virginia Oil and Natural Gas Association says it’s NOT going to push yet another forced pooling bill–but instead will work on two other provisions previously found in the forced pooling bill: (1) joint development, and (2) co-tenancy. What are they? And, are they just forced pooling lite?…
    Read More “WV Won’t Push Forced Pooling, Will Push Joint Dev. & Co-Tenancy”

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    Spire Files Plan with FERC to Flow Marcellus/Utica Gas to St. Louis

    One year ago (February 2016) MDN told you about an exciting new market for Marcellus and Utica Shale gas that may open up in the next 2-3 years in the Midwest (see New Midwest Pipeline to Tap REX’s Marcellus/Utica Gas). Laclede Group, a St. Louis-based natural gas utility, said they want to build a ~60-mile pipeline from St. Louis through southwest Illinois and connect to the Rockies Express (REX) and Panhandle Eastern Pipeline. The new pipeline would bring low-cost Marcellus and Utica Shale gas from REX to the utility–not only for resale to gas customers, but also potentially for new natgas-powered electric plants planned to replace retiring coal-fired plants. Fast forward a year. Laclede has been renamed Spire and the Spire STL Pipeline has just filed an official application with the Federal Energy Regulatory Commission to build their 59-mile, 24-inch diameter pipe that would flow 400 million cubic feet (MMcf) per day of yummy Marcellus/Utica gas from REX to St. Louis…
    Read More “Spire Files Plan with FERC to Flow Marcellus/Utica Gas to St. Louis”

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    Williams Cuts Deal to Increase Ownership in NEPA Pipeline System

    In the midstream (i.e. pipeline) world, it seems like nobody owns 100% of anything. Big midstream companies like Williams and Kinder Morgan (and others) are composed of subsidiaries and (sometimes) MLPs–master limited partnerships. And beyond the companies within companies (like a Russian nesting doll), often pieces of pipeline systems are co-owned with other companies, even competitors! In 2014 Williams bought out Access Midstream, the renamed and former division of Chesapeake Energy called Chesapeake Midstream (see Big News: Williams Partners Buying Access Midstream for $6B). When Williams bought Access, one of the regional pipeline gathering systems it got as part of that deal is what Williams calls the Bradford Supply Hub (named after Bradford County, PA). Yesterday Williams announced a deal with a part-owner for portions of the Bradford Supply Hub, Western Gas, to buy out Western’s portion. Through an elaborate deal, Williams gets Western’s 33.75% ownership stake in what is called the Rome and Liberty natural gas gathering systems (part of the Bradford Supply Hub), along with a check for $155 million. In return, Williams is transferring to Western its 50% ownership stake in the Delaware Basin JV Gathering pipeline system, located along the New Mexico/Texas border…
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    Ohio Utica Shale Drillers Pay Millions of Dollars in Property Taxes

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    Hiking the severance tax is not only an anal fixation by Democrat governors, like PA Gov. Tom Wolf (see PA Gov Wolf’s New Budget Calls for 6.5% Severance Tax (Again)), it’s also a fixation for RINO (Republican) governors, like OH Gov. John Kasich (see OH Gov. Kasich Recycles Proposal to Increase Utica Severance Tax). Yet in both states drillers already pay more than their fair share of state and local taxes. In PA it’s called an impact fee (i.e. tax), and in OH it’s called a severance tax PLUS an ad valorem, or property tax. In OH, the ad valoreum tax is raising millions of dollars in counties with active Utica drilling. According to a new report from the Ohio Oil & Gas Association and Energy in Depth, from 2010-2015, the ad valorem tax in OH’s top 6 Utica Shale producing counties raised a total of $43.7 million! Over the next 10 years (2016-2026), the report finds OH counties will get $200-$250 million in new tax revenue from ad valorem taxes. And yet Gov. Kasich insists drillers aren’t paying their fair share. What a sham! The report, titled “The Utica Shale Local Support Series: Ohio’s Oil and Gas Industry Property Tax Payments” (full copy below) is chock full of great news for OH counties…
    Read More “Ohio Utica Shale Drillers Pay Millions of Dollars in Property Taxes”

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    PA Case Highlights Risk in Using Non-Lawyer to Negotiate Lease

    In August 2013 an extensive investigative article about a then-director for the Pennsylvania Game Commission, William A. Capouillez, appeared in the Philadelphia Inquirer (see PA Director of Game Commission Double-Dipping with Gas Leases?). The article spotlighted a potential conflict of interest between Capouillez’s day job and his moonlighting side job as an agent for property owners who lease their land for oil and gas development. The issue? He was signing private deals with the same companies that often work with his state agency. The State Ethics Commission did a lengthy investigation and three years later, the Commission levied a $75,000 fine, which Capouillez agreed to pay (see Former PA Game Commissioner Fined $75K for Lease Moonlighting). Although he paid the fine, Capouillez remained defiant and said the fine is a tiny fraction of the original fine sought–an indication of his vindication. There is new litigation involving Capouillez. One of the leases he negotiated was on behalf of the Laurel Hill Game and Forestry Club with Range Resources. The way Capouillez constructed his leases was that he would get a cut, a percentage, of any lease signing bonus and ongoing royalty payments, in return for the leases he brokered. Range never drilled on Laurel Hill’s property, but they did start to push dirt around a few hours before the lease expired as a way of holding the acreage (some would call their action a less-than-honorable practice). Laurel Hill sued Range and the lawsuit was later settled by drafting up a new lease with new terms. The new lease/terms were not brokered by Capouillez and he was cut out of the deal–so Capouillez sued both Laurel Hill and Range. The moral of the story, according to lawyers writing about the case, is to never use non-lawyers to represent you in lease negotiations…
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    Drexel Study Claims Fugitive Methane Increasing in the Marcellus

    For those of us in a certain generation, you will recognize this: Fred, Daphne, Shaggy, Velma…and of course, Scooby-Doo! If you were raised watching cartoons on Saturday morning, and you watched Scooby-Doo, do you remember the name of the van they traveled around in? That’s right, the Mystery Machine! An image of the Mystery Machine is what floated through our brain as we read about the latest venture in researching air quality in Pennsylvania near drilling sites. Researchers from Drexel University (in Philadelphia) set out across Marcellus territory in “Drexel’s Mobile Laboratory, a Ford cargo van equipped with all the equipment necessary for measuring concentrations of chemicals and particles in the air at 1-10 second intervals while driving.” The Mystery Machine! And what, pray tell, did our intrepid Marcellus sleuths find be-bopping around the countryside? In the recently published study, “Analysis of local-scale background concentrations of methane and other gas-phase species in the Marcellus Shale” (full copy below), researchers say they found that even though the number of Marcellus wells being drilled has slowed quite a bit over the past few years, the amount of fugitive methane in the air has increased. And the increase can’t be explained by a general global increase in fugitive methane. The increase in fugitive methane in the Marcellus is due, our methane sleuths say, to the “increased production of natural gas from the region which has increased significantly over the 2012 to 2015 period.” The researchers conclude that “because everybody knows how evil and nasty fugitive methane is for global warming” (our words), this study is yet more evidence that Marcellus shale drilling (and pipelines, etc.) leak so much methane as to make any benefits we get from extracting and burning methane, over say coal, muted–even lost. Because we can’t put a cork in it, by extracting and using methane we’re making poor old Mom Earth even sicker. Which is, of course, total bunkum…
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