Ohio

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    OH Supreme Court Rejects Challenge to Forced Pooling Law

    On Tuesday, the Ohio State Supreme Court rejected a case in which landowners who were made part of a “unitization order” (i.e. forced pooling) had objected claiming their property rights were stripped away without due process. In legal terms, the landowners claimed it was a “taking” of their property without just compensation. The Supreme Court rejected the case because, they said, there were other legal means the landowners could have tried first (a lower court) before appealing the case direct to the Supremes using something called a mandamus action. In essence, the Supremes said, “Nice try, but you need to jump through the proper hoops first.” Ultimately the Supremes did not rule on the Constitutionality of the claim itself because the case had gotten to them via the wrong path. We’re guessing the landowners will now go back to square one and use the path laid out by the Supremes. Here’s the low down on the rejection by the Supremes, from the legal beagles at the Vorys law firm…
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    Gulfport Energy Continues Focus on Utica in 2018, No Borrowing

    On Monday Gulfport Energy (drills mainly in the Utica but also in Oklahoma and Louisiana) issued it’s fourth quarter and full year 2017 results, along with a preview of what they expect to do in 2018. Gulfport has drilled the second highest number of Utica wells in Ohio, second only to Chesapeake Energy. Gulfport’s production in 4Q17 averaged 1.26 billion cubic feet per day equivalent, up 5% from 3Q17 and up a whopping 61% from 4Q16. Gulfport brought 15 Utica wells online in 4Q17. What’s ahead in 2018? The company will spend $770-$835 million in 2018. Astonishingly, Gulfport will not borrow to spend that kind of cash! Their spending will be 100% funded by the cash flow they generate from selling gas and oil and NGLs. Gulfport figures production will average somewhere around 15-19% more in 2018 than in 2017. Using an “average of 2.5 rigs” (how does that work?), Gulfport will drill 36-40 new Utica wells this year with an average lateral length of 11,200 feet. Gulfport plans to bring online 33-37 Utica wells with an average lateral length of 8,000 feet. Here’s the update of what happened in 2017, and what to expect in 2018, for one of the most important players in the Ohio Utica…
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    Rover “Frustrated” with FERC Order to Stop Drilling at Tuscarawas

    In a strongly worded letter dated Sunday, Rover Pipeline tells the Federal Energy Regulatory Commission (FERC) they are “frustrated by the inaccurate central premise underlying the letter received from” FERC shutting down drilling at the Tuscarawas River location. On Jan. 24 FERC sent a letter to Rover stopping drilling at Tuscarawas, which had only restarted in December (see FERC Stops Rover Drilling Near River After 200K Gal Mud Disappears). In April 2017, some 2 million gallons of drilling mud went down the hole near the Tuscarawas River and popped back out where it should not have, harming a wetland by smothering aquatic life (see Rover Pipeline Accident Spills ~2M Gal. Drilling Mud in OH Swamp). That 2 million gallon “spill” in April triggered a shutdown of all HDD work in Ohio. It was only last December that Rover was allowed, by FERC, to resume more HDD work at the Tuscarawas site (see FERC Gives Rover OK to Resume All HDD Work, Incl. Tuscarawas River). After “losing” another 200K gallons down the hole, FERC shut it down a second time, on the 24th. So why is Rover frustrated? Because (a) losing some drilling mud was predicted and expected, and (b) NONE of the 200K gallons of mud lost has come back to the surface. There is no “inadvertent return,” as it’s called. Rover says 200K gallons staying down the hole, in the ground and not coming back out, is no big deal. That’s why they’re frustrated…
    Read More “Rover “Frustrated” with FERC Order to Stop Drilling at Tuscarawas”

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    OH Orphan Well Bill Wins Praise from Both Drillers & Enviros

    Pennsylvania state officials estimate there are as many as 200,000 abandoned (i.e. “orphan”) oil and gas wells in the state–the vast majority of them conventional wells drilled over 50 years ago. Most of them are not mapped or known. Some of them are hazards for shale drillers who stumble across them when drilling new wells. If you drill horizontally and clip an old/abandoned well, it becomes like an elevator pumping fluids and gas to the surface. Not good. Everyone is committed to finding and marking and capping these old wells–the question is, how do you pay for it? In PA, it’s an ongoing hot potato of who will pay (see Who Pays for Abandoned O&G Wells in PA?). Ohio has it a whole lot easier. There’s only an estimated 600 orphan wells in the Buckeye State. The issue of who will pay in Ohio is moot–the state itself pays for it (meaning Ohio taxpayers 2/4/18 correction: The funds come from the Oil and Gas Well fund which oil and gas producers pay into from the severance tax. Our thanks to OOGA for sending along that correction!). A new bill in Ohio just passed the legislature, House Bill 225, which triples the amount of money set aside to cap orphan wells. The bill also “creates a more streamlined and efficient process for identifying and plugging” orphan wells. The amazing thing about the bill is this: both Big Green groups and the drilling industry support it! When was the last time you heard of that happening?! Here’s more about HB 225, the bill everybody loves in Ohio. Who wouldn’t love a bill to help the orphans?…
    Read More “OH Orphan Well Bill Wins Praise from Both Drillers & Enviros”

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    Ohio Democrat Candidate for Governor Says He’ll Ban Utica Drilling

    Congressman Dennis Kucinich

    Congressman Dennis Kucinich from Ohio, who is running for the nomination to be the Democrat candidate for governor in this fall’s election, has always been a crackpot. A nutjob. Flaky. Ranging out there on the far-left fringe. But he’s also never been taken too seriously. Folks like him. He’s amiable. Not, perhaps, as hardcore as some on the left. That is, until now. In a speech last Thursday in Columbus to unveil his first official policy statement as a candidate, Kucinich said if he’s nominated and wins the governor’s chair (fairly unlikely, but then, you never know), he will use his executive powers as governor to end drilling for natural gas and oil in the state. He also said he would direct the state police to look for out-of-state wastewater haulers transporting brine to Ohio’s injection well sites–and have the police turn them around and send them packing. As for all those Utica Shale landowners who signed leases, what about royalties they will never see and signing bonuses they will never pocket? Don’t worry, Dennis will “work to ensure that landowners who have leased land for drilling would receive a separation fee and all royalties they are due.” Kucinich’s first policy statement for his gubernatorial campaign is a far-out, really wacko (certifiably insane) anti-fracking manifesto (full copy below). Everyone is likely to discount his words as, “That’s just Dennis, you know how he talks. He doesn’t stand a chance of winning.” However, we encourage Buckeye State voters to take him seriously–take him at his word. And make sure he doesn’t win the nomination (or the governorship). His election to the governor’s chair would be an economic disaster for the state and for the Utica Shale industry…
    Read More “Ohio Democrat Candidate for Governor Says He’ll Ban Utica Drilling”

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    Ohio Utica Shale Beer Expands Distribution to WV, PA

    In December MDN told you about a small-but-growing brewery in Canton, OH started by shale co-workers who had “a passion for easy drinking brews” (see Ohio Utica Gives Rise to…Beer?! Introducing Shale Brewing Co.). The Shale Brewing Company produces microbrews with names like “Cold Rolled Ale” and “Roughneck Red.” How cool is that?! You can add two more new beers to the Shale Brewing lineup: Coffee Cream Stout and Deep Driller Porter (we love the creativity of these guys). The company now has 150 accounts and distributes their beer as far away as the PA and WV border. We understand if you look hard enough, you might even find a bottle in Pittsburgh. We’re hoping Roughneck Red will become the official beer of MDN ;-). Here’s an update on Shale Brewing and their continuing expansion…
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    PHMSA Issues Notice of Probable Violation to ME2 Pipeline in Ohio

    In early January, the Pennsylvania Dept. of Environmental Protection (DEP) told Sunoco Logistics Partners to suspend all work on the $2.5 billion Mariner East 2 (ME2) NGL pipline–from one side of the state to the other (see PA DEP Caves to Big Green Pressure, Stops All Work on ME2 Pipeline). No further digging of trenches, and no more underground horizontal directional drilling (HDD) work can be done “until Sunoco can demonstrate that the permit conditions can and will be followed.” The concern is that ME2 work is violating multiple permits, regulations and court-ordered restrictions. However, not ALL work was stopped. As we learned a week later, the DEP does not control and regulate everything–only the parts where dirt is moved (see Work on Mariner East 2 Continues Following “Stop Work” Order). There’s still work being done, like welding pieces of pipeline together, even today. Often overlooked in the ME2 project is the small part of the pipeline that crosses the border into Ohio. The PA DEP’s stop work order (and regulatory authority) does not extend there. The pipeline in Ohio is regulated by the federal Pipeline and Hazardous Materials Safety Administration (PHMSA). Just coming to light now is a “Notice of Probable Violation” for ME2 in Ohio, issued by PHMSA on Jan. 11th. A PHMSA inspector noticed scrapes, coating damage and a “gouge” that extended into the pipe wall. Chance are none of it makes a hill of beans worth of difference. However, given the pipeline will flow “flammable” natural gas liquids (primarily ethane and propane), anything but a 100% standard of perfection gives antis an excuse to call for a halt to the project, both in Ohio and in PA, which they’re doing…
    Read More “PHMSA Issues Notice of Probable Violation to ME2 Pipeline in Ohio”

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    Analysts Speculate Rover Pipe Will be Delayed Following FERC Order

    Yesterday MDN brought you the news that the Federal Energy Regulatory Commission (FERC) has slapped a stop work order on underground horizontal direction drilling (HDD) for Rover Pipeline at the site crossing under the Tuscarawas River (see FERC Stops Rover Drilling Near River After 200K Gal Mud Disappears). There is tough geography in that area. In April 2017, Rover lost approximately 2 million gallons of nontoxic drilling mud at that location, mud which leaked out of the hole and onto the ground (see Rover Pipeline Accident Spills ~2M Gal. Drilling Mud in OH Swamp). That accident caused a shutdown of all Rover HDD work in Ohio. Work eventually resumed (last year). Work at the Tuscarawas location didn’t resume until last December (see FERC Gives Rover OK to Resume All HDD Work, Incl. Tuscarawas River). But now Rover has lost another ~200,000 gallons of drilling mud in the Tuscarawas borehole. Hence the FERC order. Energy Transfer Partners, the builder of Rover, maintains the entire Rover project will be completed by the end of March. Given the new stop work order with no apparent resolution in sight for how ET plans to overcome the problems at Tuscarawas, industry analysts are now speculating that Rover will not be done by the end of March, as advertised…
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    FERC Stops Rover Drilling Near River After 200K Gal Mud Disappears

    The Ohio EPA continues its yapping insistence that the Federal Energy Regulatory Commission (FERC) *permanently* shut down underground horizontal directional drilling (HDD) work being done by Rover Pipeline near the Tuscarawas River over concerns that nontoxic (totally safe) drilling mud keeps disappearing down the borehole. FERC listened, sort of. In an order dated yesterday, FERC told Rover to *temporarily* stop HDD work at Tuscarawas until Rover can outline a plan for moving forward that FERC has confidence will address concerns over the disappearing drilling mud. When mud used for drilling holes comes out on the surface any place other than the hole from which it went down, it’s called an “inadvertent return.” We call it a leak. However, if that same mud never comes back to the surface, as sometimes happens, it’s fine. Except when it’s a LOT of mud, as is the case in drilling near Tuscarawas where a cumulative 200,000 gallons of it have disappeared down hole, not (so far) coming back out. Sooner or later it seems likely that at least some of that mud will come back to the surface–somewhere. That’s the concern that no doubt prompted FERC to send Rover a letter yesterday telling them to (for now) stop HDD work at Tuscarawas…
    Read More “FERC Stops Rover Drilling Near River After 200K Gal Mud Disappears”

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    UTOPIA has Arrived! KM OH Pipe Flowing Ethane to Canadian Cracker

    UTOPIA Pipeline route – click for larger version

    In January 2016, Kinder Morgan (KM) committed to building the UTOPIA (Utica To Ontario Pipeline Access) pipeline, a 12-inch ethane pipeline that will run ~240 miles across the state of Ohio where it will connect with another pipeline and flow ethane all the way to a cracker plant in Canada (see Kinder Morgan Ready to Move Forward with UTOPIA East Pipeline). However, all was not utopia with UTOPIA–some Ohio landowners got a bumble bee in their bonnet and refused to deal. KM first sued them using eminent domain, then decided to alter the route instead and signed leases with more reasonable landowners (see UTOPIA East Pipe Re-Routes Around OH Antis, Drops Eminent Domain). Last June, KM’s vice president of public affairs, Allen Fore, said UTOPIA was under construction and due to go online in January 2018 (see UTOPIA NGL Pipeline Under Construction, Should be Online Jan 2018). And so it has! Yesterday KM announced UTOPIA is up and running and flowing ethane from the Utica/Marcellus all the way to a cracker plant in Canada…
    Read More “UTOPIA has Arrived! KM OH Pipe Flowing Ethane to Canadian Cracker”

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    BLM Auctioning Another 345 Ac. in OH Wayne Natl Forest – March 22

    Wayne National Forest

    Another 345 acres of mineral rights will be auctioned off by the Bureau of Land Management (BLM) in Ohio’s Wayne National Forest (WNF) on March 22nd. This will be the fifth auction of land in WNF by the BLM. The most recent round was in December, when BLM auctioned 350 acres in Monroe County, OH netting $944,000 (see BLM Raises $944K from 4th Ohio Wayne Natl Forest Auction). This time around there are two parcels–39.65 acres and 305.84 acres. Which may not sound like much–so what’s the big deal? WNF is a “patchwork” of public land scattered among private land. Some 60% of the mineral rights below WNF are privately owned. Those mineral rights owners were denied the use of their property rights for more than a decade–until the BLM finally began auctions of government mineral rights in BLM in 2016 (see BLM Launches Auction to Lease Wayne National Forest for Fracking). The government portions of the patchwork are needed to combine with the private portions in order to form drilling units large enough to drill on/under. That’s why this is a big deal. Below is the information we could find on this next (5th) round of mineral rights auctions in WNF…
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    Ohio EPA Continues Campaign to Stop Rover Pipe, Hounds FERC Again

    The Ohio Environmental Protection Agency (OEPA) continues to hound the Federal Energy Regulatory Commission (FERC) about a potential spill of drilling mud by Rover Pipeline near the Tuscarawas River. Last week we told you that OEPA, which has ZERO regulatory oversight of the Rover Pipeline project, had been told (by informants) that when Rover restarted underground horizontal directional drilling (HDD) work at the Tuscarawas site, some 146,000 gallons of drilling mud went down the hole but never came back out (see OEPA Continues to Hunt Rover Pipe, Claims 2nd Spill Near River). In April 2017 Rover experienced an inadvertent return (i.e. spill) of some 2 million gallons of drilling mud at the same location (see Rover Pipeline Accident Spills ~2M Gal. Drilling Mud in OH Swamp). Last year’s accident shut down all HDD work for months. It wasn’t until December that FERC allowed Rover to restart HDD work at the Tuscarawas site. After OEPA went blabbing to FERC last week, Rover pushed back by saying there has been no spill or inadvertent return (see Rover Refutes Ohio EPA Claim of 146K Gal. Spill @ Tuscarawas River). We theorize that some (maybe even all 146,000 gallons) of the drilling mud did go down the hole and stayed down the hole. So far it hasn’t come back out, which is not a problem in anyone’s book. OEPA was back at FERC on Friday like an ankle-biting Chihuahua, asking FERC to shut down Rover HDD work because of this unsubstantiated rumor of drilling mud gone missing. Enough is enough! When will FERC slap OEPA around and tell them to back off?…
    Read More “Ohio EPA Continues Campaign to Stop Rover Pipe, Hounds FERC Again”

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    Rover Refutes Ohio EPA Claim of 146K Gal. Spill @ Tuscarawas River

    Yesterday we brought you the news that the Ohio Dept. of Environmental Protection (OEPA) had made claims, in a letter to the Federal Energy Regulatory Commission (FERC), that Rover Pipeline’s restart of underground horizontal directional drilling (HDD) near the Tuscarawas River had resulted in a second large spill of drilling mud–146,000 gallons (see OEPA Continues to Hunt Rover Pipe, Claims 2nd Spill Near River). OEPA claims to have spies that told them that while drilling 146,000 gallons of drilling mud had disappeared “down hole.” That typically means the mud will reappear somewhere on the surface. OEPA does not regulate the Rover project–it is a FERC/federally regulated project. And that frosts OEPA’s director, tattletale Craig Butler. Except this time it appears OEPA was mistaken, or perhaps acting on bad information. According to a statement by Energy Transfer, builder of Rover, there has been no “release” or “spill” of drilling mud a second time at the Tuscarawas River site…
    Read More “Rover Refutes Ohio EPA Claim of 146K Gal. Spill @ Tuscarawas River”

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    Ohio Continues to Drag Feet Approving Mountaineer NGL Storage

    We’ve written plenty about Mountaineer NGL Storage hub project proposed for Monroe County, OH, located just across the river (and border) from West Virginia (see our Mountaineer NGL Storage stories here). What do we know about the proposed project? The Colorado company behind the project plans to spend up to $500 million to build it; some 20 drillers have expressed interest in contracting with the facility to store ethane; and the nearby PTT Global cracker plant project (if it gets built) and the under-construction Shell cracker plant are both interested in connections to the facility. In November, we learned there is a construction delay until mid-this year (see Yet Another Update on Stalled Mountaineer NGL Storage Proj in OH). Why the delay? The delay is because of regulators in Ohio. There is no one agency charged with reviewing and issuing permits for the entire project–it involves three OH agencies. There also seems to be an issue with one of the agencies, the Ohio Dept. of Natural Resources (ODNR), becoming comfortable with storing NGLs in a salt cavern (done all the time in other locations). ODNR is dragging its feet, and members of the Ohio Oil and Gas Association (OOGA) are beginning to publicly voice their dissatisfaction with the delays…
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    OEPA Continues to Hunt Rover Pipe, Claims 2nd Spill Near River

    Ohio EPA (OEPA) director Craig Butler, aka Captain Ahab, continues his mission to harpoon that rascally great white whale known as the Rover Pipeline. Somehow Captain Ahab, er, a, Mr. Butler has “learned” that underground horizontal directional drilling (HDD) Rover was recently allowed (by the Federal Energy Regulatory Commission) to resume near the Tuscarawas River (over the objections of OEPA) has “lost” 146,000 gallons of drilling mud “down hole.” This is at the same location where Rover previously lost 2 million gallons of drilling mud down hole, some of which turned up back on the surface, at a swamp (aka “wetland”) located next to the Tuscarawas (see Rover Pipeline Accident Spills ~2M Gal. Drilling Mud in OH Swamp). That 2 million gallon “spill” in April of last year triggered a shutdown of all HDD work in Ohio. It was only in December that Rover was allowed, by FERC, to resume more HDD work at the Tuscarawas site (see FERC Gives Rover OK to Resume All HDD Work, Incl. Tuscarawas River). Butler’s spies have reported to him that more drilling mud, some 146,000 gallons, has disappeared into the earth during HDD drilling at the Tuscarawas site. Some perspective on this alleged news: First, how did Butler even know of a “problem”? OEPA doesn’t regulate the Rover project! Second, since Rover doesn’t answer to OEPA (which frosts Butler), Butler runs like a tattling child to FERC with every perceived violation he can trump up–even though he doesn’t have all the facts. Third, even though drilling mud may disappear down hole, that doesn’t mean the mud comes back to the surface. Sometimes it stays down there–forever. Fourth, even if the mud does come back to the surface, drilling mud is nontoxic–the same stuff used in kitty litter, cosmetics and toothpaste. The only thing an overabundance of spilled mud can do is smother a few fish. This latest ploy by Butler to tattle on Rover to FERC is his attempt to try and manipulate FERC into shutting down Rover’s HDD work once again…
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    FERC Denies CORNball, Sierra Club Request to Stop NEXUS Pipeline

    NEXUS Pipeline, a $2 billion, 255-mile interstate pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada, is now under construction. NEXUS got final approval for the project from the Federal Energy Regulatory Commission (FERC) in August, 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, folks we call CORNballs), and the far-left Sierra Club, launched lawsuits and regulatory actions against the pipeline. One such action was to file a request last fall for a rehearing of FERC’s decision to approve the project (see CORNballs, Sierra Club Continue to Fight NEXUS Pipeline in Court). A rehearing is the first step to take, a necessary step before Big Green groups can legally file a lawsuit against the project. In what is being characterized as a blow to the CORNballs and their buddies at the Sierra Club, FERC last week denied that request for a rehearing of the NEXUS approval, meaning it looks like clear sailing for NEXUS to complete their project, even with various lawsuits pending…
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