Ohio Cancels Forced Pooling Hearings Due to COVID-19 Virus
In Ohio forced pooling is called “unitization.” When a landowner/leaseholder owns 65% of the mineral rights under property in a given location and wants to pool other neighboring properties into an oil or gas drilling unit, that landowner/leaseholder files a request with the Ohio Dept. of Natural Resources Division of Oil and Gas Resources Management. The Division head then schedules a hearing to consider the request. All such hearings scheduled for this week are now canceled and will be rescheduled. Furthermore, the Division will only be able to accept new unitization requests on Tuesdays and Thursdays, and they will only return phone calls about unitization on Fridays. All due to the COVID-19 coronavirus.
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One of our favorite Energy in Depth writers, Nicole Jacobs, has just published a great post that outlines the huge impact new natural gas-fired (mostly Utica Shale gas) power plants have had and will have in Ohio. She includes a list of 10 projects either already built and running, under construction, or on the books to get built. When you add up the total capacity for all 10 plants, they will generate an amazing 9,215 megawatts of electricity, enough to power upward of 9 million homes! The companies building those 10 plants are investing $15.9 billion. This is huge for Ohio’s economy.
Over 700 people gathered yesterday in Columbus, OH for OOGA’s (Ohio Oil & Gas Association) 73rd Annual Meeting. Industry leaders soberly assessed the state of current affairs. According to OOGA president Matt Hammond, the industry may have to downsize for a while. Jeff Fisher, CEO of Ascent Resources, agreed. Hammond said, “it’s just going to look a little bit different in the next few years” before the price of gas rebounds. The sentiment was clearly what we’ve been preaching: Expect lower for longer when it comes to gas prices.
Is history repeating itself? Ohio House Bill 55 would require certain pieces of information to be included on royalty statements landowners receive from Ohio drillers. Ohio State Rep. Jack Cera (Democrat from Bellaire) introduced HB 55 last year–for the third time since 2011. Like the two previous times, the bill is now mired in committee and doesn’t appear to be making any headway toward a vote. Let’s look at what information landowners receive now under existing law, and what details they would receive under this bill if passed.
A kerfuffle between Gulfport Energy and Tug Hill Operating has been settled by a Texas judge. Gulfport and Tug Hill cut a deal in November 2018 for Tug Hill to purchase certain Marcellus shale assets in Ohio from Gulfport for $26 million. According to Gulfport, Tug Hill never sealed the deal and should be forced to complete it now. Tug Hill said Gulfport didn’t come through with necessary releases from third parties related to the deal, and therefore the deal is null and void. The judge agreed with Tug Hill.
Last Friday the Ohio Utica’s third-largest (by the number of wells drilled) shale driller, Gulfport Energy, filed its fourth-quarter and full-year 2019 update. The bad news is that the company lost just over $2 billion in 2019. The good news is that the entire loss was an impairment charge, a “paper loss” and not an actual, out-of-pocket money loss. When you dig deeper into the numbers, you’ll find the company actually produced free cash flow of $37.8 million last year.
The Ohio Dept. of Natural Resources (ODNR) issued fourth-quarter 2019 numbers for Utica shale oil and gas production last Friday. The numbers show new state record highs for quarterly oil and natural gas production, the most ever since quarterly reporting began in 2013. Utica oil production was up 17% over 4Q18, and Utica natural gas production was up 3.2% over 4Q18.
Ascent Resources, originally founded as American Energy Partners by gas legend Aubrey McClendon, is a privately-held company that focuses 100% on the Ohio Utica Shale. The company recently issued its full-year 2019 update with a look at what it plans for 2020. Ascent is Ohio’s largest natural gas producer, and 2019 was a VERY good year for the company’s production. Average daily production zoomed up 45% from 2018, to 1.97 billion cubic feet equivalent per day (Bcfe/d). Of that number, some 1.8 Bcf/d was natural gas, and oil production was 13,000 barrels/d. Most importantly, Ascent made a profit of $466 million in 2019, compared to losing $4 million in 2018. Way to go!
Bills aimed at clamping down on illegal pipeline protests (which pretending to be free speech but aren’t) have been introduced in both the Ohio and West Virginia legislatures. In WV, House Bill (HB) 4615 passed the House last week and is now under active consideration in the WV Senate. In Ohio, Senate Bill (SB) 133 was passed last May. The bill was recently reported out of a House committee and likely to see a full House vote soon. It’s obvious that regular folks are tired of radicals and their illegal attempts to block pipeline projects.
The Ohio Supreme Court ruled yesterday that the Ohio tax commissioner correctly charged Tallgrass Energy’s Rockie Express (REX) pipeline $2 million in excise tax (based on $699 million of income), for gas transported from and to (within) Ohio. REX claimed it did not owe the tax because the same law that exempts gas transported out of state applies to gas sales in-state. But the tax commission, and now the Supremes, say that the portion of gas transported through REX that stays in Ohio is not exempt and can be taxed. So pay up.
The Ohio Supreme Court, on Christmas Eve, threw a lifeline to an effort to overturn an Ohio law that provides corporate welfare in the form of $1 billion of ratepayer (taxpayer) money to FirstEnergy, which recently changed its name to Energy Harbor (see 
Yesterday the U.S. Environmental Protection Agency announced it has reached a settlement with Gulfport Energy over alleged air emissions violations found at 17 well pad locations Gulfport operates in the Ohio Utica. The violations happened in 2015. The settlement includes Gulfport paying $1.7 million in fines and spending another $2 million in “improvements” to cut down on volatile organic compound (VOC) emissions at the 17 well pads.
The $4.2 billion, 713-mile Rover Pipeline system that flows Marcellus/Utica natural gas from western PA and eastern OH all the way to Canada, placed the final two pieces of the system online in November 2018 (see 