OH Supremes to Decide if Landowner Getting Free Gas can End Lease
Here’s a case in Ohio that has the potential to impact Utica Shale, as well as conventional, leases. According to OOGA (the Ohio Oil and Gas Association) it has the potential to affect “the validity and viability of thousands of oil and gas leases across the state.” In brief, a conventional gas well was drilled on property in Washington County, OH in 1951. The landowner later agreed to exchange royalty payments for free, unlimited gas to her home. Leases can be terminated if they stop producing profitable amounts of oil and gas. Between 1977 and 1981 there was no commercial sale of gas from the well–but the landowner kept getting her free gas. Using that five-year period of time of no commercial output, the landowner filed paperwork to declare the lease has been terminated and reverts back to her, the landowner. The driller says she continued receiving her “royalty payments” (i.e. free gas) even though nothing was sold from the well–and that’s enough to keep the lease in effect. There appear to be strong arguments on both parts, and apparently this arrangement of receiving free gas in lieu of royalty payments is not uncommon in Ohio. So the Ohio Supreme Court will decide, having recently heard oral arguments…
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The legal beagles of top energy law firm Babst Calland recently released their seventh annual energy industry report called, “The 2017 Babst Calland Report – Upstream, Midstream and Downstream: Resurgence of the Appalachian Shale Industry; Legal and Regulatory Perspective for Producers and Midstream Operators.” This latest annual review chronicles the comeback of the Marcellus/Utica and what challenges lie ahead. In an MDN exclusive, we have the first seven pages of the 74-page report (see below), along with details on how you can request a full copy. Worth the read! Here’s an overview…
The TriState Infrastructure Council (TSIC) was founded in Pittsburgh in late 2016 to “serve a broad-based business community during the critical next few years by attracting and deploying investments in infrastructure projects in Ohio, Pennsylvania and West Virginia.” With infrastructure upgrades, the region will be able to realize economic growth resulting from petrochemical manufacturing and related industries in the Appalachian basin. One of the driving forces behind TSIC is a name you are likely familiar with: Kathryn Klaber. Katie Klaber founded and until a few years ago led the Marcellus Shale Coalition. She opted to focus on her consulting practice following the MSC and is now managing the TSIC. The TSIC organization was founded with a group of A-list companies located in the region. At this week’s Northeast U.S. Petrochemical Construction conference in Pittsburgh, Katie unveiled an exciting new project to map infrastructure in an 82-county region throughout the Ohio River Valley. The aim is to identify missing/key/critical infrastructure components and then work to set up public-private partnerships to get those components built. The TSIC is looking at “electric transmission and distribution, pipelines, natural gas and natural gas liquid storage capacity, reliable locks and dams, rail networks, roads and bridges, water and sewer, building sites, barge loading/unloading facilities, broadband, fiber optics, and air service, among others.” And yes, the Marcellus/Utica shale is the linchpin that holds it all together–makes it all possible–and the raison d’être for the TSIC. Here’s more on the new infrastructure database, the TSIC, and how they are giving the shale industry a big assist…
Rover Pipeline (i.e. Energy Transfer) has settled an ongoing dispute with the Ohio State Historic Preservation Office (a PRIVATE organization) to pay them $1.5 million in what MDN views as shakedown money. Which is far less than the “asking” price of $1.5 million PER YEAR over the next five years ($7.5 million total). The payment comes after Rover paid the same organization $2.3 million for knocking down a dilapidated old house that was under consideration to be added to the National Register of Historic Places. In addition to the $2.3 million paid for This Old House, the Ohio State Historic Preservation Office said they had worked out a deal with Rover to pay the organization $1.5 million as compensation for something they haven’t even done yet but presumably will do–disturbing other “historic sites” as the pipeline cuts across the state. Apparently the history buffs felt the agreement was for $1.5 million per year over the next five years. Rover said (in so many words), “in your dreams.” No way. So the matter was referred to the Federal Energy Regulatory Commission (FERC) for dispute resolution. Before FERC could render a decision, the history buffs settled with Rover for a one-time additional payment of $1.5 million (a $1.5M bird in the hand is worth more than a $7.5M bird in the bush). Here’s the background for this shakedown, and a copy of the signed agreement stipulating a one-time payment of $1.5 million to the PRIVATE Ohio State Historic Preservation Office…
Rover Pipeline, Energy Transfer’s $3.7 billion, 711-mile Marcellus/Utica natural gas pipeline that will run from PA, WV and eastern OH through OH into Michigan and eventually into Canada, will almost certainly not go online in July as originally planned–at least according to an article on The Street evaluating the project and its builder, Energy Transfer. At the heart of the delay is a series of spills that have occurred while drilling underground, horizontally, under rivers and creeks (and other structures) in which drilling mud has spilled. The largest such spill, to date, happened on April 13 when around 2 million gallons of drilling mud spilled close to the Tuscarawas River (see 
The Ohio Dept. of Natural Resources (ODNR) has just issued production numbers for the first quarter of 2017. The bad news is that oil production continued to slide in 1Q17, down 29% from the same quarter in 2016. However, that’s an improvement from 4Q16 when oil production was down 44% (see 
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 (eventually) flow ethane all the way to a cracker plant in Canada (see 
NEXUS is a $2 billion, 255-mile interstate natural gas pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada. Its purpose is to move Utica and Marcellus Shale gas from an over-saturated market in the northeast to markets in the Midwest and Canada. It is a joint venture between DTE Energy and Spectra Energy. Last December, the Federal Energy Regulatory Commission issued a positive final Environmental Impact Statement for the project (see 
We’ve all heard and read about the massive protest camp that formed in North Dakota (see 
For some reason we’ve always loved stories about how shale energy has revitalized the short line railroad industry. Maybe it’s from some deep-seated psychological connection of playing Monopoly as a child and loving to own the railroads on the board–including the Short Line. Who knows? We’ve just stumbled across another such shale energy story connected to a short line railroad. This one involves the mighty Rover Pipeline, now under active construction across Ohio and in Michigan. When Energy Transfer, the company building the $3.7 billion, 711-mile Marcellus/Utica natural gas pipeline began to look at logistics and where they would store all of the pipeline and other materials needed to construction the mammoth project, they happened across a rail yard and transloading facility located in Massillon (Stark County), OH. Massillon Logistics, founded in 2004 by Steve and Dave DiPietro, had launched Republic Short Line Railroad (RSL), along with four other subsidiaries, to operate at a former steel mill site (465 acres) now called the Massillon Energy & Technology Park. RSL and the expansive park were just what Energy Transfer needed for Rover. The pipeline project has provided RSL with a boatload (or rather, rail yard) of business and money to grow… 
Several radical environmental groups, including the Sierra Club, Michigan Residents Against the ET Rover Pipeline, and the Ohio-based nutters at FreshWater Accountability Project filed an official request with the U.S. Army Corps of Engineers to pull the Corps’ issuance of a “blanket” approval for the Rover Pipeline to use underground horizontal directional drilling (HDD) and instead require Rover to get a permit for each of the 45 bodies of water they intend to drill under with the technique. Which would, of course, bring the project to a halt–the intended outcome by the radicals. The groups are attempting to capitalize on several leaks experienced by Rover using HDD, including a 2 million gallon drilling mud spill in April that continues to generate headlines today (see 
Rover is Energy Transfer’s $3.7 billion, 711-mile Marcellus/Utica natural gas pipeline that will run from PA, WV and eastern OH through OH into Michigan and eventually into Canada. On April 13, Rover workers experienced an “inadvertent return” of “horizontal directional drilling fluid”. That is, they sprung a leak and spilled nearly 2 million gallons of drilling fluid (see 
Bolt Construction builds compressor, dehydration and metering stations for pipelines that serve the oil and gas industry. According to Bold VP Todd Miller, this year the company has experienced its biggest surge in construction activity since the shale boom first started. Since November, Bolt has been “bidding nonstop” on pipeline jobs. And in fact, the company has had to “turn down quite a few” of those jobs. Why? Not enough skilled workers. Bolt is looking for welders, pipe-fitters, superintendents and foremen to keep up with the work they do have… 
We’ve spilled plenty of digital ink covering the Rover Pipeline and its recent troubles with “inadvertent returns” (i.e. leaks) of non-toxic drilling mud, called bentonite (see 
A comprehensive study by Cleveland State University researchers shows just how mind-blowing the economic investment in Ohio has been from the Utica Shale. The just-published study, titled “Shale Investment Dashboard in Ohio” (full copy below), finds that between upstream ($39 billion), midstream ($8 billion) and downstream ($3 billion), all related to the Utica Shale, there has been an incredible $50 billion invested in Ohio since Utica drilling began in 2011. It’s really hard to overstate just how big a deal this is. Can you image a $50 billion economic stimulus from the government? No way! It would never happen. And if it did, the money would come out of YOUR pocket–from taxpayers. But this $50 billion ALL came from the private sector. Good ole capitalism. Free enterprise. Private ownership. Private property. Love it! It’s what our great country was built on. Let’s dig into the numbers and relish this fantastic news…
Rover is Energy Transfer’s $3.7 billion, 711-mile Marcellus/Utica natural gas pipeline that will run from PA, WV and eastern OH through OH into Michigan and eventually into Canada. The Federal Energy Regulatory Commission (FERC), charged with overseeing interstate pipeline projects, granted final approval for the project in early February (see