Statewide OH

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    Rover Ignores Shrill Ohio EPA, Asks FERC to Continue HDD Drilling

    On Monday MDN brought you the news that Captain Ahab, er, a, Ohio EPA director Craig Butler, had demanded Rover Pipeline stop all horizontal directional drilling (HDD) work now under way in the state because another (tiny, 200 gallon) drilling mud spill happened on November 16th (see Ohio EPA Continues Vendetta Against Rover Pipe, Demands HDD Stop). Butler sent a letter to Rover and has also sent it to the Federal Energy Regulatory Commission (FERC) in yet another attempt to get FERC to halt work on the Rover project. Yesterday Rover thumbed its nose at Butler and instead asked FERC for permission to not only continue all current HDD work, but to begin new HDD work at several more locations in Ohio. Moby-Dick strikes back. Take that, Captain Ahab!…
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    Survey Indicates O&G Investing in WV More Attractive than PA or OH

    Each year (for the 11th year running) the Canadian-based Fraser Institute surveys petroleum industry executives and managers (333 of them for 2017) 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. The rankings for this year are interesting and illustrative that politicians’ words and regulatory environment have a direct bearing on where, and how much, drilling companies are willing to spend. No money spent, no drilling. The barriers to spending in a given geography include: high tax rates, costly regulatory schemes, uncertainty over environmental regulations and the interpretation and administration of regulations governing the petroleum industry, and security threats. Only one state in the Marcellus/Utica ranked in the Top 10 “most attractive” jurisdictions for oil and gas investment–West Virginia…
    Read More “Survey Indicates O&G Investing in WV More Attractive than PA or OH”

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    CELDF Ballot Measure Seeks to Ban Utica Shale in All of Ohio

    The ultra-radical group from Pennsylvania called the Community Environmental Legal Defense Fund (CELDF) is devoted to stirring up anarchy and lawlessness, not only in Pennsylvania but elsewhere, like Ohio. CELDF has launched a campaign to amend the Ohio State Constitution. Two CELDF ballot initiatives (full text below) would amend the Constitution to make it legal for local communities to usurp the state’s role in regulating oil and gas. We’ve written plenty about the CELDF, which is behind a number of bizarre lawsuits like the one claiming that an ecosystem is a “person” with rights (see CELDF Loses Case to Represent Ecosystem – Turtles Disappointed). One of the CELDF Ohio ballot initiatives would give ecosystems standing as people. Yeah, out there. CELDF hasn’t been able to get these kinds of ballot measures passed in Youngstown. They’ve tried and failed six times (see Youngstown, OH Frack Ban Ballot Measure Defeated for 6th Time). If they can’t get it passed once in a single municipality, what makes them think it will pass statewide? Who knows?! They obviously have money to burn and will do so in an effort to pass these two horrible amendments to the State constitution. The net effect of passing them would be to shut down Utica Shale drilling in many locations, and block pipelines in most locations. Passing these initiatives would bring chaos and disaster to the state. We seriously doubt Ohio’s politicians will let it happen–but then we just suffered through eight years of Barack Hussein Obama and a Congress that refused to make him obey the law. So anything can happen, which is why we’re raising the alarm. The unfortunate news is that Ohio’s Attorney General, a RINO, has “certified” both ballot initiatives. What that means is that if the nutters from CELDF get at least 305,591 signatures, the two initiatives will go on the ballot next November. Are there at least 305,591 whack jobs in the Buckeye State? We’re about to find out…
    Read More “CELDF Ballot Measure Seeks to Ban Utica Shale in All of Ohio”

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    Ohio EPA Continues Vendetta Against Rover Pipe, Demands HDD Stop

    In September MDN told you about Craig Butler, director of the Ohio Environmental Protection Agency (OEPA), that Bulter had gone off the rails on a power trip, claiming OEPA has the power to regulate the federally regulated Rover Pipeline project (see Ohio EPA’s Craig Butler Goes Nuts, Demands $2.3M from Rover Pipe). Butler is fining Rover for a string of some major, mostly minor drilling mud spills related to underground horizontal directional drilling (HDD). Earlier this month Butler fleeced the Ohio Attorney General into suing Rover (see OH EPA Director Manipulates Atty General to Sue Rover Pipeline). Like Captain Ahab obsessed with Moby-Dick, Butler continues his quest to stop Rover. Butler’s latest attempt is to “request” (i.e. demand) Rover stop all HDD work now under way because another drilling mud spill happened on November 16th. The latest spill (called an “inadvertent return”) was 200 gallons and ended up in the Black Fork Mohican River in Ashland County. For new MDN readers: drilling mud is bentonite clay–the same stuff used to make kitty litter, toothpaste and cosmetics. It’s nontoxic and perfect safe for the environment–unless there’s a lot of it, and then it can smother critters like salamanders and fish. But honestly, 200 gallons of it is NOTHING. Butler sent a letter to Rover and has also sent it to the Federal Energy Regulatory Commission (FERC) in yet another attempt to get FERC to halt all Rover HDD work…
    Read More “Ohio EPA Continues Vendetta Against Rover Pipe, Demands HDD Stop”

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    Report: Utica Drillers Spend $300M (so far) on Fixing Ohio Roads

    The Ohio Oil and Gas Association (OOGA) and Energy In Depth (EID) Ohio recently published a new report that shows Utica drillers have spent more than $300 million in eight Ohio counties from 2011 until earlier this year improving and fixing 630 miles of Ohio’s roadways. The study, titled “Ohio’s Oil & Gas Industry Road Improvement Payments” (full copy below) takes a close look at Road Usage Maintenance Agreements (RUMAs) in eight counties. You read that right. The O&G industry has spent over $300 million in eight counties over the past seven years. That’s $300 million in PRIVATE (not government-confiscated-via-taxes) money to fix up roads. Those living in eastern Ohio are lucky dogs…
    Read More “Report: Utica Drillers Spend $300M (so far) on Fixing Ohio Roads”

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    Sierra Club Withdraws Federal Lawsuit to Stop NEXUS Pipeline

    The uber-litigious Sierra Club and it’s vaunted stable of attorneys have been caught with their pants down–legally speaking. One of the (many) pipelines the Clubbers oppose is NEXUS, a $2 billion, 255-mile interstate pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada. NEXUS got final approval for the project from FERC in August (see New FERC Quorum Votes Final Approval for NEXUS Pipeline). The Ohio EPA granted a water permit for the project in September (see Ohio EPA Grants Water Permit to NEXUS Pipe, “Learned” from Rover). Seeing the NEXUS freight train moving on down the tracks, the Clubbers filed a request for “rehearing” with FERC in September (see CORNballs, Sierra Club Continue to Fight NEXUS Pipeline in Court). Before anyone can sue to stop a federal pipeline project, the first step is to request a rehearing. If FERC delays or rejects a rehearing request, the “aggrieved” party can then launch a lawsuit in federal Appeals Court. And that’s what the Sierra Club did last week. They filed a lawsuit against NEXUS in the Federal Court of Appeals for the District of Columbia, asking the court to force FERC to conduct a new review of the project, and in the meantime, shut it all down (see Sierra Club Files Federal Lawsuit to Stop NEXUS Pipeline). There’s just one teeny tiny problem: The landowner the Clubbers was using as their excuse to file the lawsuit recently sold his property to NEXUS. Oops. Now the Clubbers don’t have a reason to sue, so with tail between legs, they withdrew the lawsuit yesterday…
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    Sierra Club Files Federal Lawsuit to Stop NEXUS Pipeline

    Honestly, the Sierra Club launches so many petitions with FERC (Federal Energy Regulatory Commission), and so many lawsuits against FERC regarding pipelines, it’s hard to keep them all straight. One of the northeast pipelines the Clubbers oppose is NEXUS, a $2 billion, 255-mile interstate pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada. NEXUS got final approval for the project from 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). The Ohio EPA granted a water permit for the project in September (see Ohio EPA Grants Water Permit to NEXUS Pipe, “Learned” from Rover). Seeing the NEXUS freight train moving on down the tracks, the Clubbers filed a request for “rehearing” with FERC in September (see CORNballs, Sierra Club Continue to Fight NEXUS Pipeline in Court). Before anyone can sue to stop a federal pipeline project, the first step is to request a rehearing. If FERC delays or rejects a rehearing request, the supposedly aggrieved party can then launch a lawsuit in federal Appeals Court. And that’s what the Sierra Club did earlier this week. They filed a lawsuit against NEXUS in the Federal Court of Appeals for the District of Columbia, asking the court to force FERC to conduct a new review of the project, and in the meantime, shut it all down. The Sierra Club is rather good at shutting down pipelines and destroying jobs, as they recently did in PA (see Sierra Club Pipeline Lawsuit Throws 2,500 in PA Out of Work). Fortunately the PA episode was short-lived (just two days and work resumed). The question now is, will the lib judges in DC put up with yet another lame lawsuit from the Clubbers and shut down NEXUS construction?…
    Read More “Sierra Club Files Federal Lawsuit to Stop NEXUS Pipeline”

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    Eclipse Res. 3Q17: Super-Laterals Proving to be Super Productive

    Last week Eclipse Resources, the “super-lateral” Marcellus/Utica driller, turned in its third quarter 2017 update. Eclipse is a Marcellus/Utica pure play driller headquartered in State College, PA that drills mostly in the Ohio Utica. Eclipse has drilled the top three longest onshore oil/gas wells in the world. What do we glean from the 3Q17 update? Two of their world’s longest onshore wells–the Great Scott 3H and Outlaw C11H–are now online and pumping. They are pumping record-setting amounts of condensate. Each is averaging 3,300 barrels of oil equivalent (BOE) to date on a restricted choke, consisting of almost 50% condensate and 68% in total liquids. Gushers! During 3Q17 Eclipse drilled 10 wells in all, including four super-laterals with an average lateral length of over 17,500 feet. So far the company has drilled 11 super-lateral wells with an average lateral length of ~18,000 feet–averaging just 16 days from spud to total depth. Incredible! The company had average daily production of 353 million cubic feet equivalent per day (MMcfe/d). On an analyst phone call, Eclipse’s top brass said they are working to create a “reputable” super-lateral program, meaning (our words) building a successful program of long laterals that also makes big money. Here’s the 3Q17 update, along with portions of the analyst phone call and the latest slide deck…
    Read More “Eclipse Res. 3Q17: Super-Laterals Proving to be Super Productive”

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    Energy Transfer 3Q17: ME2 Startup Slips, Rover Complete in 1Q18

    Energy Transfer’s top brass delivered some bad news and some good news on yesterday’s analyst phone call to discuss third quarter 2017 performance. Two projects vital to the Marcellus/Utica are being built by ET–Mariner East 2 (ME2) and Rover Pipeline. The bad news is that ME2, a natural gas liquids (NGL) pipeline project that stretches from eastern Ohio across the state of PA to the Marcus Hook refinery near Philadelphia, will be delayed an extra nine months. ME2 has a new in-service target date of “second quarter 2018.” Progress on ME2 is not as fast as it could be primarily due to an ongoing onslaught of lawsuits by Big Green organizations, coupled with delays from the PA Dept. of Environmental Protection. The good news for ME2 is that by Dec. 31st, 99% of the pipeline will be in the ground and buried. The news for Rover is all good. Rover is a $3.7 billion, 711-mile natural gas pipeline that will run from PA, WV and eastern OH through OH into Michigan and eventually into Canada. Rover had been dogged by problems with horizontal directional drilling (HDD), but those problems are now behind it. Yes, head of the Ohio EPA, Craig Butler, continues his Captain Ahab routine to try and stop the project (see OH EPA Director Manipulates Atty General to Sue Rover Pipeline). So far he’s been unsuccessful. At any rate, construction in Ohio and elsewhere is full speed ahead. On yesterday’s call ET CFO Tom Long said Rover Phase 1 (both A and B) will be done by Dec. 31st. That’s very good. Long said the company is “very confident” Phase 2 of Rover will be online no later than March 31, 2018. Also very good. Below we’ve grabbed excerpts of yesterday’s analyst call to share, covering both ME2 and Rover…
    Read More “Energy Transfer 3Q17: ME2 Startup Slips, Rover Complete in 1Q18”

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    Baker Hughes Oct Rig Count – US Slides by 18, PA Drops 1 Rig

    The International (non-U.S.) Baker Hughes rig count for October 2017 was 951, up 20 from the 931 counted in September 2017, and up 31 from the 920 counted in October 2016. The U.S. rig count for October 2017 was 922, down 18 from the 940 counted in September 2017, but up 378 from the 544 counted in October 2016. Notice that we have almost as many rigs operating in the U.S. as the entire rest of the world (minus Canada). Canada’s rig count has improved a lot since earlier this year. However, Canada’s October rig count drooped a bit–204 in October (down 4 from September) but up 48 from October 2016. What about rig counts in the Marcellus/Utica? Pennsylvania lost one rig and ran an average of 32 rigs during October, versus Ohio running 29 rigs and West Virginia running 15 rigs, the same as September…
    Read More “Baker Hughes Oct Rig Count – US Slides by 18, PA Drops 1 Rig”

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    OH Supreme Crt Considers Whether Landmen Need Real Estate License

    In March MDN reported on a court case decided in Ohio’s Seventh District Court of Appeals that seems to say that at least some landmen in Ohio DO need to be licensed real estate agents, in order to get paid (see OH Court Rules Landmen Need to be Licensed Real Estate Brokers). Although the court decision was deep in the weeds with legalese, our takeaway was that if a landman is compensated via a commission for the deals he or she brokers, that person needs to have a real estate license. If the landman is paid “day rate”–that is, paid by the day by a drilling company to get deals signed no matter how many deals and no matter the value of the deals–that landman does not need a real estate license. At least that’s our understanding. However, the issue isn’t settled yet. The case decided in March, Dundics v. Eric Petroleum Corp., was appealed to the Ohio Supreme Court by those not happy with the outcome that some landmen will need a real estate license. The Supremes have just agreed to hear the case…
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    FERC Gives Rover Pipe OK to Use Different Tech to Speed Up Drilling

    This story necessarily gets into the weeds of pipeline construction. But so you have the essential story line up front, this is it: On Monday Energy Transfer asked the Federal Energy Regulatory Commission (FERC) for permission to dump something called annular pressure monitoring (APM) when drilling underground (horizontal directional drilling, or HDD) for the Rover Pipeline–and on Tuesday FERC granted that permission. Here’s the slightly longer explanation. Rover is a $3.7 billion, 711-mile natural gas pipeline that will run from PA, WV and eastern OH through OH into Michigan and eventually into Canada. Early on, Rover had early missteps when using HDD to insert pipeline under things like rivers and roads. The most serious episode occurred when Rover drilling spilled 2 million gallons of non-toxic drilling mud in a swamp near the Tuscarawas River (in Ohio) back in April (see Rover Pipeline Accident Spills ~2M Gal. Drilling Mud in OH Swamp). However, there were other episodes too, which led FERC to stop all HDD work on Rover in April while they investigated. In August, FERC gave ET/Rover a list of eight conditions before they could restart HDD work (see FERC Issues Rover 8 Commandments to Restart Horizontal Drilling), and in September, FERC finally lifted the ban for some locations (see FERC Lifts Rover Horizontal Drilling Ban, Pipeline Work Resumes). One of the conditions in resuming HDD work was for Rover to constantly monitor downhole annular pressure–an indicator that problems may be happening and that mud is beginning to leak. In Monday’s request to FERC, Rover points out using APM is slowing work by up to 75% because when the signals stop coming they must pull everything out of the hole, reattach the wires, and push it all back down again. So Rover, working with experts, came up with an alternative to APM. It was that alternative that took FERC just a day to review and agree to. All of which means the final work to complete Rover should now speed up a bit…
    Read More “FERC Gives Rover Pipe OK to Use Different Tech to Speed Up Drilling”

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    NEXUS Pipe Goes to Court to Gain Easements on 42 Ohio Properties

    NEXUS Pipeline has had to use the unpreferred last option and has taken landowners of 42 properties to court using eminent domain in order to secure easements so they can lay pipeline through those properties. NEXUS is a $2 billion, 255-mile interstate pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada. NEXUS received 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). In early October, FERC gave NEXUS permission to begin construction (see NEXUS Cleared to Begin Construction, Rover Cleared to Restart HDD). While 97% of the landowners along the proposed route have signed easements for the pipeline, a few have not. The landowners NEXUS has taken to court (so far) are in Ohio, in Stark, Summit, Wayne, Medina, Lorain, Sandusky, Wood and Erie counties. Yes, there are still a few lawsuits hanging out there, including a lawsuit by Green, OH and one by the Coalition to Reroute Nexus (CORN). However, it seems unlikely the lawsuits will stop the project. Here’s the unfortunate news about NEXUS suing a few holdouts…
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    Federal Court Says Chesapeake Royalty Deductions Allowed in Ohio

    The U.S. District Court in Akron, OH has just made a major ruling that affects all Utica landowners and drillers. In 2015, the Ohio Supreme Court accepted a case that will sound familiar to readers of MDN. The case, known as Lutz v. Chesapeake Appalachia, is about whether or not drillers (Chesapeake in this case) are allowed to deduct certain post-production costs from landowner royalty checks. The Ohio Supremes were asked to decide whether Ohio follows the “at the well” rule, which permits the deduction of post-production costs, or if the state follows the “marketable product” rule, which limits the deduction of post-production costs under certain circumstances. The Supremes came down off Mount Olympus in November 2016 to render their verdict (see OH Supreme Court: Royalty Deductions Decided Case-by-Case). The court said, in so many words, “We’re not deciding.” In other words, each royalty case should be litigated individually, case-by-case, in a trial court. There is no one-size-fits-all with respect to deducting expenses from royalty checks. Each case will depend on how the contract is written, and the success of lawyers litigating it. The Supremes refused to tackle the ultimate issue, which is: What does “at the well” really mean? How is it defined? The U.S. District Court in Akron did tackle that issue. The federal court took up the Lutz case and has now defined what is meant by “at the well.” The court’s decision means that Chesapeake Energy (and by extension other drillers) CAN deduct post-production expenses from landowner royalty checks…
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    NEXUS Pipeline Begins Construction in OH, MI

    Last week NEXUS Pipeline notified the Federal Energy Regulatory Commission (FERC) they had begun construction on the $2 billion, 255-mile interstate pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada. We purposely held off on sharing this exciting news until we could tell you where construction has begun. Each week NEXUS, like other interstate pipelines answering to FERC, provides a weekly update on construction and other project activities. We have a copy of that report (below). What does it show? Preliminary activities are taking place to move equipment, put up signage, and begin to work in “Spread 1”–meaning somewhere within Columbia, Stark, Summit, and Wayne counties in Ohio. Similar work is happening in “Spread 4”–meaning counties in Michigan. Initial site preparation is already happening at three of the four planned compressor stations. Here’s what we have been able to piece together about the initial construction work done on NEXUS…
    Read More “NEXUS Pipeline Begins Construction in OH, MI”

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    Ohio Utica Drilling Showing Signs of a New Boom

    Ohio Utica Shale drilling is showing signs of a new boom in drilling–much to the delight of everyone, except anti’s. A new shale boom in the Buckeye State is good for landowners, it’s good for the economy, and it’s good for jobs. Frankly, it’s good for everyone. What are the signs of a burgeoning new shale boom? Here’s one sign: Business at a barge facility on the Ohio River where drillers offload equipment and supplies had all but dried up–at least traffic coming from shale-related customers. The facility operator kept afloat by handling soybeans and corn. But now? The bookings from the oil and gas industry are rolling in again. Drilling supplies like barite are once again coming to the facility. Add to that rig counts in Ohio are inching up–almost at parity with Pennsylvania (see Marcellus/Utica Rig Count Race Tightens: OH Count Closes in on PA). These are sure signs that a new drilling boom is on the way in the Buckeye State…
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