Kentucky

Crime | Energy Services | Fairmount Santrol | Industrywide Issues | Kentucky | Landfills

Marcellus/Utica Frack Waste Illegally Dumped in Kentucky Landfill
March 1, 2016March 1, 2016

Seems to us like folks in Kentucky swing more to the liberal side of the isle when it comes to opposing natural gas drilling and pipelines. Just our observation over time. We think they overreact to anything related to fracking and gas drilling. However, in this case, we don’t think they’re overreacting. It appears that 47 dumpsters full of concentrated frack waste from OH, PA and WV was illegally dumped in a Kentucky landfill in Estill County, KY. They were buried between last July and November, near as anyone can tell. And the landfill sits across the road from a school. Normal frack waste has extremely low (usually no) kind of radioactivity. But when drill cuttings are further processed and concentrated, as was the case with this series of loads, the naturally occurring radiation present can become more concentrated. There’s no indication of a problem at the landfill…no indication that it’s leaking radioactivity into the water table, etc. Radiation levels are being monitored and do not show anything above normal background levels. But still, somebody somewhere should have known this was happening. Local residents have a right to be up in arms over not being told…
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Energy Services | Industrywide Issues | Kentucky | Kinder Morgan | Pipelines | Tennessee Gas Pipeline

Kinder Morgan Sabotages Itself with Some Kentucky Landowners
September 10, 2015September 10, 2015

In June MDN updated you on Kinder Morgan’s plans to repurpose part of the existing Tennessee Gas Pipeline that currently runs south to north, reversing the flow to send natural gas liquids (NGLs) southward (see KM’s SECOND Binding Open Season for Utica/Marcellus NGL Pipeline). One of the biggest pockets of resistance are landowners in Kentucky. One such landowner/farmer, who has had five pipelines crisscross his property over the years, relates a story about talking with a pipeline rep a few years ago who essentially threatened to bury him in lawsuits. We don’t like hearing these kinds of stories…
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Blue Ridge Mtn Res/Magnum Hunter | Energy Companies | EQT Corp | Industrywide Issues | Kentucky | Lease & Royalty Payments | Litigation

Kentucky Supreme Court Rules Against Landowners in Royalty Dispute
August 24, 2015August 24, 2015

The Supreme Court of Kentucky has just ruled, in a pair of cases, that producers (i.e. drillers) CAN deduct post-production costs before calculating royalties to landowners. Once case involves landowners suing Magnum Hunter, the other involves landowners suing EQT, claiming (much like what has happened in Pennsylvania) that post-production costs mean they are getting less than one-eighth or 12.5% of the fair value of the gas as a royalty payment. The Supreme Court of Kentucky ruled the language in the leases is unambiguous as is the law–and that the lease allows for post-production expenses to be deducted. Here’s a summary from the legal beagles at Vorys…
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Kentucky | Rogersville Shale | Statewide WV | West Virginia

Rogersville Shale Secrets Exposed – Appalachia’s “Next Big Thing”?
August 3, 2015August 3, 2015

The editors of the top-flight NGI Shale Daily publication have put together a free special report on the Rogersville Shale–and you can download it by providing only your name and email address. So far, the Rogersville Shale, a formation that’s part of the Rome Trough in the Appalachian Basin, has largely flown under the radar. A new special report from the editors of NGI’s Shale Daily exposes what some E&Ps had hoped to keep secret. A half dozen or more E&Ps are clandestinely attempting to learn more about the Rogersville Shale–and a land grab is on to lock up lease rights for thousands of acres before the word gets out. An E&P early pioneer in the Rogersville drilled a test well in October 2013 that was later permitted for full production. The company secured a one-year confidentially agreement before they are required to release a completions report. On or about August 20, the one-year time limit expires. What new information will be disclosed?…
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Boardwalk Pipeline Partners | Energy Services | Industrywide Issues | Kentucky | Kinder Morgan | Litigation | Pipelines | Tennessee Gas Pipeline | Williams

KY Court Decision Goes Against Pipelines re Eminent Domain
May 26, 2015May 26, 2015

In December of 2013, a group of people opposed to the Bluegrass natural gas liquids (NGL) pipeline in Kentucky called KURE (Kentuckians United to Restrain Eminent Domain) sued the Bluegrass, a joint venture of Williams and Boardwalk Pipeline Partners, to prevent them from using eminent domain (see Bluegrass NGL Pipeline’s Eminent Domain Challenged in KY Court). The argument was that the NGLs flowing through the pipeline just pass through Kentucky and don’t benefit local Kentuckians, therefore the pipeline has no right to use the state’s eminent domain law to force landowners to accept the pipeline. That is, it’s not a permitted utility under the definition of the law. In March 2014, a circuit court judge agreed with KURE and told Bluegrass they could not use eminent domain (see Judge Rules Bluegrass Pipeline Cannot Use Eminent Domain in KY). That takes a pretty big stick away from the Bluegrass in their fight to lay the pipeline. Not long after the judge’s decision Williams gave up on the project, although Boardwalk didn’t (see Williams Stops Work on Bluegrass Pipeline, Boardwalk Says “It’s Not Dead”). The circuit court judge’s decision was appealed, and last week the Kentucky Court of Appeals upheld the previous no-eminent domain decision. This new decision has implications for the Bluegrass to be sure, but it has even more implications for an active project now under way by Kinder Morgan…
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Coterra Energy (Cabot O&G) | Energy Companies | Kentucky | Statewide WV | West Virginia

Cabot Drills Test Well in WV Rogersville Shale, More on the Way?
April 14, 2015April 14, 2015

A fascinating story in Sunday’s Charleston Gazette shines a light on the Rogersville Shale formation in southwestern West Virginia and eastern Kentucky. We’ve mentioned the Rogersville a few times on MDN–a shale layer that is older and much deeper than the Marcellus. The Marcellus is about a mile down. The Rogersville is between 9,000-14,000 feet down, or 2-3 times the depth of the Marcellus. Until now we’ve heard about potential Rogersville activity in Kentucky (see Fracking on the Way in the Bluegrass State? Quite Possibly and Kentucky Fracking One Step Closer: Commission Considers 1st Permit). Two exploratory wells have already been drilled in the Rogersville in Kentucky. But the new news, the thing that interests us, is that Cabot Oil & Gas has now drilled a test well in the Rogersville in West Virginia…

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Energy Companies | EQT Corp | Hydraulic Fracturing | Industrywide Issues | Kentucky | Regulation

Kentucky Fracking One Step Closer: Commission Considers 1st Permit
March 16, 2015March 16, 2015

In January, MDN told you that shale drilling/fracking may soon come to Kentucky (see Fracking on the Way in the Bluegrass State? Quite Possibly). Several weeks ago the Kentucky Oil and Gas Conservation Commission, a group that “rarely meets” (last meeting was in 2006) held a meeting to consider granting Kentucky’s very first deep horizontal natural gas drilling permit. The company applying for the permit is Horizontal Technology Energy Company, a subsidiary of Pittsburgh-based EQT. Horizontal Technology wants to drill a well in the Rogersville Shale in the eastern part of the state. No word yet on the result of that meeting…
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Kentucky

Fracking on the Way in the Bluegrass State? Quite Possibly
January 20, 2015January 20, 2015

What’s this…fracking in Kentucky?? Maybe! No, it’s not the Marcellus or Utica Shale. Actually, the Marcellus underlies a small sliver of Kentucky where the state shares a border with West Virginia and Virginia–but no one is interested in fracking the Marcellus there. The shale play that’s driven “hundreds” of new leases to be signed in 2014 is called the Rogersville Shale in eastern Kentucky (see map below). Kentucky has been largely resistant to pipelines crossing the state. Will fracking also encounter resistance? It already is…
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