Cabot “Making Offers” to OH Landowners; New Well in Richland Co.
We spotted an article about a landowner meeting held last week in Ashland County, Ohio. In the meeting, lawyers advised landowners to hold off on signing a standard lease agreement with Cabot Oil & Gas for $25 per acre with 12.5% royalties. Those offers, from what we are able to determine, were sent a year ago. Since that time Cabot has drilled at least three (possibly four) wells targeting the Knox Formation in Ashland County (see Cabot O&G Fracks Its First OH Knox Well, Drilling 3rd OH Well). A fourth (possibly fifth) well is about to be drilled in neighboring Richland County. Lawyers are telling landowners who haven’t yet signed it’s prudent to hold off and see how these initial test wells perform. We have details about the recent landowner meeting, along with details about a new Cabot well being drilled in Richland County, below.
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If a deed refers to a previously reserved royalty interest where the reference identifies the type of interest created and the person to whom the interest was granted (with no other details), is that sufficiently specific enough to preserve the royalty interest under the Ohio Marketable Title Act (OMTA)? According to a decision rendered last week by the Supreme Court of Ohio, the answer is, “Yes.” In a case with its roots dating back to 1915, landowners attempted to sever royalty interests under the Ohio Dormant Mineral Act, attempting to cancel the old interest because a 1969 deed that referred back to the original deal (of one-half royalty interest) was not “specific enough.” The 1969 reference didn’t include the volume and page number of the instrument that originally created the royalty interest. In other words, it wasn’t a “Simon Says” kind of thing–it didn’t follow the exact legal standard. The current landowner tried to cancel the original royalty sharing obligation via a legal loophole.
An analysis by Argus Media shows the number of new permits issued to drill in the Pennsylvania Marcellus Shale was down 42% in November 2018 over the same time a year ago. Drilling in Ohio’s Utica Shale was down 26% in November vs. a year ago. Yet one overpowering fact remains: Production in both states is UP over a year ago! How do you explain it? Each year drillers get better at what they do–they get more gas from drilling fewer wells. Longer laterals, more sand, improved fracking techniques–it all adds up to more production with less drilling. Our region is also still working down our DUC (drilled but uncompleted) wells inventory, which means less drilling. And winter cold has set in, early. Yeah, less drilling means fewer jobs and fewer opportunities to sell goods and services to drilling companies. But watch for the permit numbers to start going up again (our prediction). Why? Because with pipelines which recently went online and new pipes due to go online, the price our gas is fetching has dramatically increased–and that means the willingness of M-U drillers to drill new wells will increase too.
The Pennsylvania Dept. of Environmental Protection (DEP) issued 269 permits for Marcellus (and possibly a few Utica) shale wells in October and November. The Ohio Dept. of Natural Resources (ODNR) issued 22 permits in the Utica/Point Pleasant shale play in October, and 11 permits in November (as of Nov. 17). That’s over 300 new shale wells between the Marcellus and Utica in the most recent two months–a strong showing. Farm and Dairy, a 100+ year-old publication serving the rural communities of Ohio, Pennsylvania and West Virginia, recently tabulated the permit numbers for western PA and eastern OH, down to the county level. Here’s what the numbers show.
This is the kind of news we love to share! Keystone Clearwater Solutions, which was once majority owned by Rex Energy until they sold it to American Water Works in 2015 (see 
How much “diligence” is required when trying to locate the heirs of mineral rights owners in Ohio, as stipulated by the Ohio Dormant Minerals Rights Act (DMA)? That issue was addressed, once again, last week–this time by Ohio’s 7th District Court of Appeals. The DMA requires a surface owner to exercise “reasonable due diligence” to ascertain the names and addresses of mineral holders and their heirs prior to serving notice of abandonment by publication. The question is, what is “reasonable due diligence”? Is there a common standard? The 7th District decided there is no common standard, and what’s reasonable in one case may not be reasonable in another. In other words, it all depends–and is unique in each case.
Last week the Ohio Environmental Protection Agency held an information session (to give out info) along with a public hearing (to accept comments) on the draft air pollution permit for PTT Global Chemical’s proposed ethane cracker plant complex in Belmont County, OH (see 
Each year (for the 12th year running) the Canadian-based Fraser Institute surveys petroleum industry executives and managers (256 of them for 2018) asking them their opinions on the barriers to investing in exploration and production in various geographies across the globe. That is, what makes them more likely or less likely to spend money drilling in a particular location? The Global Petroleum Survey (full copy below), tallies the survey responses and ranks each geography from most desirable place to invest, to least desirable. Last year West Virginia was ranked as the fifth most desirable place to invest (see 
Reuters has published a “hit piece” against Energy Transfer (ET) and two of its recent big pipeline projects–Rover Pipeline (in Ohio & Michigan), and Mariner East 2 Pipeline (in Ohio and Pennsylvania). Reuters is usually more balanced than, say, Bloomberg with these types of articles. Reuters usually doesn’t go out of its way to denigrate the industry. The article evaluates the number of permit violations issued for both projects. Together that number exceeds 800. Is that a lot? Reuters says they’ve analyzed “four comparable pipeline projects” and found an average of 19 violations per project (or 38 for two projects). So yeah, 800 vs. 38 sure sounds like a lot to us.
Still no sign from PTT Global Chemical that they will announce a final decision to proceed with building a $6 billion ethane cracker in Belmont County, OH, by the end of this year. The project was first announced in April 2015 (see 
Once upon a time the Clinton Sandstone layer was the most drilled rock layer in Ohio. Then the Utica/Point Pleasant came along and it seemed as if everybody forgot about the Clinton. Previously the Clinton was drilled vertically, or conventional-only. But what if you drilled the Clinton horizontally, like you do in the Utica? You might get a “Utica-lite” well, as we commented back in 2015 (see 
Earlier this month Encino Acquisition Partners (i.e. Encino Energy) completed its purchase of all of Chesapeake Energy’s Ohio Utica Shale assets for $2 billion, originally announced in July (see