Industrywide Issues

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    Time for Williams/FERC to Sue NY & End Constitution Pipe Delays

    In October of last year MDN added our name to the effort to pressure Gov. Andrew Cuomo to let his Dept. of Environmental Conservation (DEC) move forward with granting water-crossing permits for the much-needed Constitution Pipeline (see Time to Force NY DEC to Issue Permit for Constitution Pipeline). The corrupt Andrew Cuomo is up to his old tricks–delay and eventually deny. The time has now come to force the issue. A DEC official has admitted his agency is on the precipice. If they don’t issue the permit for the Constitution, New York is in danger of a federal takeover in granting such permits (see DEC Official Says NY in Danger of FERC Taking Over Pipeline Permits). We say that time has now come. It’s time for the Federal Energy Regulatory Commission to use its power to override New York and issue the permit and forever sideline Cuomo’s corrupt administration from playing a role in such issues. It’s also time for Williams to man-up and ue New York and go negative against “the Empire State.” That is the theme and MDN friend Tom Shepstone’s latest excellent article (from Natural Gas Now), which we’re re-posting here on MDN. We’ve seen this movie before with fracking. Cuomo intends to deny this pipeline and now is the time to fight it for all it’s worth, using every legal means possible to move forward with building the Constitution…
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    OOGA’s 2015 Year in Review: No Hike in OH Severance Tax in 2016

    David Hill, president of the Ohio Oil and Gas Association (OOGA), provides an enlightening “year in review” for 2015. As part of his summary of the issues facing the oil and gas industry in the Buckeye State, he offers this with respect to an impending increase in the severance tax: “I am pleased to report that it looks like we won’t have to discuss the severance tax for the next year or so.” Good news indeed for drillers in Ohio in 2016. As Hill says, the price of oil and natural gas have collapsed–oil because of a worldwide oversupply, and natural gas (in the northeast) because of lack of pipelines. Among the issues Hill tackles is the so-called Community Bill of Rights movement, unitization laws, and more. It’s a good read…
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    Impact “Fee” or Impact “Tax”? It Matters in this (Court) Case

    Is the money collected from drillers in Pennsylvania for wells a fee, or a tax? Under the Act 13 law passed in 2012, it’s called an impact fee. We’ve long made the case that it’s part fee, part tax (see our story from 2012: PA’s New Tax on Drilling (er Sorry, Impact Fee)). Our definition, which we think makes eminent sense, is that a fee is money collected to reimburse the government for a service used. You drill a well in a community, you run big trucks over rural roads–those roads get damaged and it takes money to repair them. Or if there’s an accident because of the increase in traffic and fire/police are called out more frequently–there’s a cost associated. Local towns meeting to review and debate requests related to new wells? Takes precious time, and money. The impact fee, as originally intended, would compensate local municipalities for out-of-pocket expenses they incur when drilling comes to town. But then greedy politicians who like money to flow through their stick fingers got involved and in order to “sell” the impact fee in Harrisburg, compromises were made. In the end, 60% of the money collected from the impact “fee” stays local–to reimburse towns and counties for out-of-pocket expenses. The other 40% goes into the Harrisburg black hole and disappears into the fingers of local and state politicians who don’t incur any expense from drilling. So we call that 40% portion a tax–an obscene one at that. Why does it matter whether it’s considered a tax or a fee? Because of a Commonwealth Court case in which a driller maintains it’s a tax and the company doesn’t owe it if it’s considered a tax…
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    PA Supreme Court Gives EQT “Procedural Victory” in $4.5M Fine Case

    Over a year ago the Pennsylvania Dept. of Environmental Protection (DEP) fined PA driller EQT $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 is not saying there wasn’t a problem with leaks at the site, they are saying the way the DEP is calculating the fine is unreasonable and arbitrary. In fact, EQT says the DEP levied the fine and took EQT to court because a few weeks prior EQT has sued the DEP. Seems to be a tit for tat thing going on. There is, more than a year later, a development in the case. EQT appealed the fine and the case to PA Supreme Court and the high court has just handed EQT a “procedural victory” by saying EQT has a point about the manner in which the DEP is calculating the fine. The Supreme Court has sent the case back to a lower court for follow up work…
    Read More “PA Supreme Court Gives EQT “Procedural Victory” in $4.5M Fine Case”

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    Morningstar Outlook/Predictions for Oil & Gas in 2016 & Beyond

    Morningstar, Inc. is one of, if not THE leading providers of independent investment research in North America, Europe, Australia, and Asia. Morningstar’s analysts keep a close eye on many different sectors, including the energy sector. Yesterday Morningstar published its Quarter-End Insights for the oil and gas sector, which include not only a look back at what happened, but predicts what they see coming in 2016 and beyond. Among Morningstar’s predictions: “Long-term” prices for oil will hit $70 per barrel for Brent crude and $64 per barrel for WTI. Near-term oil prices? They “could be ugly.” Morningstar recommends three specific E&Ps in which to invest. Two of them operate in the Marcellus…
    Read More “Morningstar Outlook/Predictions for Oil & Gas in 2016 & Beyond”

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    DOE Study: More LNG Exports Don’t Mean Higher Prices at Home

    What would happen if the U.S. increased LNG (liquefied natural gas) exports from 12 billion cubic feet per day (Bcf/d) to 20 Bcf/d? A new report just published by the Dept. of Energy and researched by Rice University and Oxford Economics, titled “The Macroeconomic Impact of Increasing U.S. LNG Exports” (full copy below) finds that although prices for U.S. consumers may go up a little, what would happen is that the production pie would grow and most of the delta (the difference between 12 and 20 Bcf/d) would come from new production. In other words, it’s a win/win. More jobs, more money flowing into the U.S., while at the same time very little rise in gas prices here at home–even if we ratchet up exports significantly…
    Read More “DOE Study: More LNG Exports Don’t Mean Higher Prices at Home”

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    Duke U Study: Property Values Drop When Marcellus Drilling Begins

    Once or twice a year anti-fossil fuel “researchers” at Duke University issue another “publish or perish” term paper that takes aim at the Marcellus/Utica and call it a study. A few weeks ago the latest in a string of such biased reports was issued by Duke–this one claiming that property values go down when Marcellus Shale drilling comes to a community. Three researchers wrote the report. One of the researchers is from the Environmental Defense Fund (EDF). The EDF is as anti-drilling as any of the far-left enviro-Nazi groups like the Sierra Club, Food & Water Watch, various Riverkeepers, et al. But the EDF usually tries to work with the industry, which often ostracizes them from the kooks on their left. It’s disappointing to see the EDF piling on in this latest sham study. The study is titled, “The Housing Market Impacts of Shale Gas Development” (full copy below). The problem for this study is that there are numerous other studies that look at property values and conclude the opposite–that property values go UP when drilling comes to an area. When you dig in to the the Duke study you’ll find that in some cases they did find property values increased, and other cases values decreased. We bring you this study to prepare you for the onslaught of sycophantic mainstream media stories that will mention it a time or two and then move on–typical “drive by” misinformation from the media where truth is the casualty…
    Read More “Duke U Study: Property Values Drop When Marcellus Drilling Begins”

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    Scranton Newspaper Supports Stealing Gas Money for Philly

    It shouldn’t surprise anyone that the Democrat-controlled Scranton Times-Tribune doesn’t like the fair impact fee collected on Marcellus drilling in the state and instead prefers an unfair severance tax. It certainly doesn’t surprise us that they they think in such a twisted way. After all, 60% of the impact fee stays local and out of the hands of Harrisburg politicians. That’s just not “right” in Democrat-land. The other 40% that does go through the sticky fingers of Harrisburg politicians isn’t “enough” for good Lib Dems like those who control the Times-Tribune. So in their latest editorial, the Times-Tribune fans the flame of PA Democrat Auditor General Eugene DePasquale’s investigation into the industry in tracking down the “missing” $30 million of impact fee money (see PA Auditor General to Investigate “Lost” $30M Marcellus Impact Fee). True to Lib Dem form, the Times-Tribune wants DePasquale to go far beyond a simple investigation. They want DePasquale to somehow override the will of the legislature, and the residents of Pennsylvania, and extra-Constitutionally change the tax structure–throwing out the impact fee and instead slapping a nose bleed severance tax on the industry. That’s their preferred outcome. It will produce more money (so they reason) for them to play with and hand out to welfare slugs in “struggling urban areas” who keep voting for them…
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    Art Berman’s Peak Oil Theories, Again

    Art Berman seems to have learned an important lesson from Barack Hussein Obama. When somebody points out the flaws in your policies and theories, just double and triple down and keep repeating said theories all the more. That’s what Art Berman does with his discredited “peak oil” theory. You know, the theory that the world is about to run out of oil and that oil will continue to get more and more expensive (and scarce) until it is either too expensive to use or just plain gone. Nightmarish stuff. Keeps little boys and girls who watch Captain Planet up at night. And then the shale energy revolution hit and all of Art’s theories went out the door. Except he’s still pedaling his debunked theories, twisting and turning them–even recanting them (“Peak oil is not about running out of oil”)…
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    Rig Counts Hit Lowest Level Since 1999

    1999What was happening in the year 1999? Let’s see. Then-President Bill Clinton went on trial in the Senate for lying under oath about getting a BJ in the Oval Office by a young girl, Monica Lewinski. Even though he was guilty, the Republican-controlled Senate lost its nerve and didn’t convict him. He was later stripped of his license to practice law in Arkansas for perjuring himself. The “Sopranos” debuted on HBO in 1999. Seth MacFarlane’s “Family Guy” first aired on Fox. Tom Cruise and Nicole Kidman star in the movie “Eyes Wide Shut.” Basketball star Michael Jordan announced his (first) retirement–only to return in 2001. Hip Hop artist Eminem released his first major record album called ‘The Slim Shady’ which would win him a Grammy the following year. The great Wayne Gretzky played his last hockey game in the NHL. Gretzky’s New York Rangers lost 2-1 to the Pittsburgh Penguins. Quarterback John Elway retired from the NFL in 1999. The third Harry Potter book, “Harry Potter and the Prisoner of Azkaban” was published. “Star Wars: Episode I – The Phantom Menace,” directed by George Lucas, was released in 1999. Oh, and one more thing. The year 1999 was the last time oil and gas rig counts were as low as they were last week, just 700 rigs operating…
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    NY Fractivists Block Seneca Lake Facility, Santa & Grinch Dance

    We’ve written many stories over the past few years about anti-drilling zealots who oppose the plan to convert a depleted salt cavern owned by Crestwood Equity Partners (nee Crestwood Midstream) along the shore of Seneca Lake, in Schuyler County, NY, to store liquefied petroleum gas (i.e. propane). The protests are typically a dozen people or less and often organized by Sandra Steingraber, a minor celebrity in fractivist circles. Steingraber is a so-called “scholar in residence” at Ithaca College. They pay her to do nothing but trot around making anti-fracking speeches, no doubt funded with money from the Park Foundation. A group of antis once again assembled in front of the Crestwood facility a few days before Christmas in an illegal blockade of the facility. What’s interesting about this latest infraction is that they no longer even pretend the facility would somehow be unsafe for Seneca Lake or nearby residents–a common lie they use in an attempt to scare the general public. No, this time the mask came off and their message was loud and clear: they oppose the facility because it would store a fossil fuel and in their irrational minds, all fossil fuels are evil. Or as their Christmas-themed sign said, fossil fues are “dirty energy” and that equals “naughty.” So-called renewable energy sources, like solar, are “clean” and “nice.” These nutters believe their “superior” intellect should dictate which energy sources *you* use, and they won’t stop insisting on your energy source until they’re either in jail, or in a retirement home (many of these old hippies are nearing that age)…
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    Federal Judge Rules for EQT in Ohio Lease Dispute – Ramifications

    An important decision was recently made in a lease case in Ohio–a case which has implications for both drillers and landowners with Marcellus/Utica leases. Driller EQT signed a lease with Jefferson County, OH landowner Alex Cooper on Oct. 6, 2008. The initial term of the lease was for five years, with a five year extension IF EQT makes an extension payment. The lease also stipulates that EQT MUST drill a well on or before Oct 6, 2013–the end of the first term of the lease. EQT opted to extend the lease, making (or rather attempting to make) a payment to Cooper–but EQT did not drill a well by Oct 6, 2013. Cooper claimed since EQT hadn’t drilled, the lease expired on Oct 6, 2013 and he is free to lease again. The case ended up in Federal District Court for the Southern District of Ohio and U.S. District Judge Algenon Marbley decided in favor of EQT, even though the language in the lease stipulates a well MUST be drilled during the first term of the lease. How and why did Judge Marbley decide the case as he did? Below is a recap of the case, followed by a copy of the full decision from Judge Marbley…
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    Judge Tosses Appeal to Re-Open Trumbull, OH Injection Well

    It appears that in Ohio it’s A.O.K. for regulatory bodies to write laws–something the legislature is supposed to do–and not only can they write laws, they can take their sweet time doing it, denying a legally permitted business the right to conduct operations in the meantime. And if the legally permitted business seeks justice in the court system? Yeah, even the judge sides with the all-powerful state to prevent that business from operating. That about sums up the situation in Ohio for American Water Management Services (AWMS). AWMS owns a wastewater injection well in Trumbull County that supposedly caused a low-level earthquake (that nobody could feel) in 2014. Two wells located at the site, both operated by AWMS, were “temporarily” shut down by the Ohio Dept. of Natural Resources following the quake (see ODNR Temporarily Shuts Down Injection Wells After Low-Level Quake). One of the two injection wells was allowed to re-open, but not the other (see ODNR Clears Trumbull Co. Injection Well in August Quake). Why was one well allowed to re-open but not the other? Because the ODNR is supposedly crafting new regulations that will govern the offending well that may or may not have caused the low-level quake. When will we see those new regs? Who knows! AWMS appealed ODNR’s decision to keep the second well shut down to the Ohio Oil and Gas Commission, a body that works for (yes) the ODNR. Unsurprisingly the Commission found ODNR is within its right to keep the second well shut down while it takes its time writing new regulations. AWMS appealed the Commission’s decision to a court, and the judge threw out the case because of a filing deadline legal hoop AWMS didn’t jump through properly…
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    Scare Tactics re Ohio Injection Wells Continue, Aided by Newspaper

    The Columbus Dispatch is doing its best to paint safe frack wastewater injection wells as dangerous underground dumps ready to spring a leak at any moment and contaminate life as we know it. They’ve brought out their biggest anti arguments in a recent “article” (i.e. propaganda) that focuses on Athens County, OH–hotbed of far-left liberalism and anti-drilling sentiment. The article, boiled down, goes like this: Athens is a dumping ground for frack wastewater via injection wells. It saw the highest volume of wastewater disposed of by injection wells in the state, and most of the wastewater came from operations outside of Ohio. Implied (but not stated) in the article: It’s time to shut down injection wells in Athens County…
    Read More “Scare Tactics re Ohio Injection Wells Continue, Aided by Newspaper”

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    PA PUC Commissioner’s Full-Throated Support of Marcellus Shale

    Pamela A. Witmer is one of five Commissioners of the Pennsylvania Public Utility Service (PUC). She is, in our opinion, one of the stars of the PUC–having been appointed by then-Gov. Tom Corbett in 2011. Pam is also a strong supporter of the Marcellus Shale industry and the miracle of fracking, as she indicates in a column she wrote for the Pittsburgh Tribune-Review. Pam writes about the “numerous benefits” of the Marcellus…
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    Dominion East Ohio Gas Bills Fall 40% in 1 Year, Thx to Shale

    Utility company Dominion East Ohio says it’s customers are benefiting from the low cost of natural gas, thanks to the Marcellus and Utica Shale. In fact, according to Dominion, the cost of the gas itself is down 53% this year over last–and the savings gets passed on to consumers. That’s really good news for those who heat and cool using natural gas. Just because the commodity itself is only half the price, doesn’t mean rate payers will see their bills go down by the same amount. There are two components to the price consumers pay: the commodity flowing through the pipes, and the pipes/infrastructure itself. Even though Dominion East utility bills won’t go down by 53%, they will go down by about 40%. Not too shabby! Here’s what Dominion East is saying about rate decreases for its customers…
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