Statewide OH

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    OH Lawmakers Propose Their Own Version of a PA Impact Fee

    We find it kind of amusing. Anti-drillers and Democrats (usually one and the same) in Pennsylvania bellyache and moan and groan that PA is “the only oil and gas state without a severance tax” and how life would be SO much better if only PA had a severance…blah blah blah. They point out that Ohio has a severance tax. West Virginia has a severance tax. EVERYBODY has a severance tax. Of course they conveniently ignore (or lie about) the fact that PA has an impact fee, or an impact tax, if you will. The impact fee levies a charge on new wells for a number a years on a sliding scale. Think of the impact fee like a property tax, and a severance tax like a sales tax on goods sold. The beauty of the impact fee is that 60% of it stays in the communities where drilling actually happens. Impact fee revenue goes to local municipalities to offset the “impacts” of drilling in those communities, money used for things like fire departments, police, roads, etc. An impact fee is superior to a severance tax in many ways. While OH and WV’s severance tax revenue went over a cliff when the price of natural gas went over a cliff, PA’s impact fee was far less affected. But the point of this post is not in the relative merits in the type of taxation. The point is that legislators in Ohio want to reallocate some of their severance tax revenue to be used in communities where Utica drilling happens. That is, they want to convert some of the OH severance tax into, essentially, an impact fee. So while PA bellyaches about having an impact fee and not a severance tax, states (like OH) that actually have a severance tax, would rather have an impact fee!…
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    List of 11 Utica Shale Electric Plants Coming Soon to Ohio

    Earlier this month MDN brought you a list of the existing and/or planned natural gas-fired electric generating plants in Ohio (see 43 Existing/Planned Gas-Fired Elec Plants Overtaking Coal in OH). Thanks to the crack researchers at Energy in Depth, we now have a more detailed list (who’s building it, where it’s being built, how much it will cost) for 11 OH natgas power plant projects that are either construction now, or soon will be…
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    OH Supreme Court to Hear Appeal re Driller Who Won’t Explore Utica

    What if a landowner leased his or her land decades ago and a driller drilled a conventional natural gas well on the property, and that well has produced commercial volumes of natural gas for years–and still does. And what if the lease gives that driller the right to drill (or not drill) in any given rock lawyer. And what if that driller is content to simply let that conventional well keep producing and not drill further down, into the now commercially viable Utica (or Marcellus) shale layer? Does the landowner, whose land is located where the Utica/Marcellus exists, have any case for taking back the rights to the deeper shale layers the conventional driller refuses to go after? That’s a case that has now worked its way all the way to the Ohio Supreme Court. The question turns on whether or not “reasonable development” in a lease includes unexplored, deep formations…
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    Some Ohio Landowners Say Rover Violating FERC Tree Clearing Order

    A group of approximately 250 Ohio landowners, represented by an Ohio eminent domain law firm, is doing its best to stop Energy Transfer’s Rover Pipeline project dead in its tracks. Rover is playing beat the clock to finish tree clearing following a Federal Energy Regulatory Commission (FERC) final approval of the project on Feb. 3 (see ET Rover Pipeline Gets Final Approval by FERC). In order to comply with the batty regulation to have trees cleared no later March 31 (due to roosting bats that are protected), Rover moved immediately to begin the tree clearing process. Most Ohio landowners have granted easements and permission to Rover to clear trees. But there are those that have not–either because they want more money, or because they’re anti-fossil fuelers. Regardless, Rover has the right to do it and is using eminent domain procedures to do it. The group of 250 trying to stop Rover has taken two actions: (1) filed a complain with FERC claiming Rover is violating the terms of FERC’s order by not giving landowners advanced notice before clearing trees, and (2) filed a lawsuit in Ohio federal court asking for a restraining order. Will it work?…
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    OH DeBrosse Report – Belmont Most-Drilled County in 2016

    Last week the Ohio Oil & Gas Association (OOGA) held its 70th annual Winter Meeting in Columbus. One of the speakers was Martin Shumway, president of Shumway Resources–an engineering/geophysical consulting firm that specializes in the Appalachian Basin. Shumway shared details from the latest DeBrosse Memorial Report (full copy below). What does the report show for 2016? There were 620 oil and gas wells completed last year, of which 77% were Utica wells. Belmont Count saw the most wells drilled (120) with the most drilled footage (1.94 million vertical+lateral feet). Chesapeake Energy drilled the most wells last year in Ohio (99 wells), although that number is down 31% from 2015. The #2, #3 and #4 drillers last year were close: Ascent Resources, drilled 66 wells; Antero Resources drilled 64 wells; and Gulfport Energy drilled 62 wells. This is one of our favorite Ohio Utica reports each year, have a look…
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    Exterran Lost $228M in 2016 – No Mention of OH “Clawback”

    Headquartered in Houston, Texas, Exterran Corporation (with 5,400 employees) specializes in natural gas compression production equipment and processing facilities. They design, build and operate compressor stations and natural gas processing plants. In 2012 MDN reported on a contract Exterran won to build three natural gas processing plants in West Virginia (see Exterran Wins Contract to Build 3 WV NatGas Processing Plants). The company is also active in other Marcellus/Utica states, including Ohio. In 2013 the company opened a plant to build compressor stations in an industrial park near Youngstown, OH. The state gave the company a $300,000 grant in return for promises to create 103 jobs over a seven year period. Exterran came close for the first couple of years, but then the crash in prices hit and along with it, work dried up. The plant closed in March 2016, and as we previously reported, Ohio now wants “all or part of” the $300,000 grant back (see Ohio Wants to “Clawback” $300K Grant to TX-based Exterran Energy). Good luck with that. Exterran released their fourth quarter and full year 2016 update yesterday, and it shows the company lost $228 million last year…
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    Baker Hughes Feb Rig Counts Rockets Skyward, Recovery Continues

    The Baker Hughes rig count in the U.S. continued to be on fire in February. Whoops! Poor choice of words. The rig count continued its rocket ride. In January the average number of U.S. rigs was 683. In February, the count zoomed to 744, up 61 rigs in just a month. Each active rig translates into hundreds of jobs, both directly working at the rig and indirectly in services delivered to the rig and its workers. It also means more landowners will soon have royalty payments heading in their direction. When rigs are active, life is good. What about rig counts in the Marcellus/Utica? Total rig count went up another 3 rigs. Two of the rigs were added in WV (now 10), and one in PA (now 34). OH’s rig count remained the same (20 rigs) in February as January. Just 3 added rigs out of 61 means other shale plays (primarily the Permian and other oil plays) are where most of the rig action is happening. Here’s the full set of numbers, along with a pretty MDN chart showing the last 12 months of rig counts in the Marcellus/Utica…
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    OH Court Rules Landmen Need to be Licensed Real Estate Brokers

    We know this is an important story, and we know that some (many?) MDN readers will be interested. But this is one of those rare cases where we just can’t get our heads around the scope and importance of the story–and who it really affects. We had thought that landmen in Ohio (agents who deal with landowners and mineral rights owners, getting them to sign leases or easements) did not have to be licensed real estate agents in order to do their job. However, a court case just decided in Ohio’s Seventh District Court of Appeals seems to say that at least some landmen DO need to be licensed real estate agents, in order to get paid a commission on deals they’ve brokered. We don’t think the decision requiring a real estate license applies to all landmen in Ohio (although we’re open to correction on that point). Below we have information about the Dundics v. Eric Petroleum Corp. case, along with previous info from 2014 that indicates the reverse–that Ohio landmen DO NOT need to be licensed real estate brokers. Does the Dundics case supersede previous rulings? Is the Dundics case dealing with an obscure situation that doesn’t apply to all landmen? We simply don’t know…
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    FERC Green Lights Rover Pipeline Construction

    Along with chainsaws buzzing (until Mar. 31) and wood chips flying, Rover Pipeline has now started the backhoes. As MDN previously reported, on Feb. 3 the Federal Energy Regulatory Commission (FERC) gave its final approval for Energy Transfer’s Rover Pipeline project, a $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 (see ET Rover Pipeline Gets Final Approval by FERC). At the time we observed Rover had received permission to clear trees before the Mar. 31 “can’t kill roosting bats” deadline. However, Rover did not have permission to begin digging trenches and laying pipeline. That permission came this past Friday…
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    43 Existing/Planned Gas-Fired Elec Plants Overtaking Coal in OH

    Click for larger version

    Ohio currently has 15 coal-fired electric plants producing 15,322 megawatts of electricity, and 33 natural gas-fired plants producing a maximum of 9,449 megawatts. Most of the existing natgas plants were built to serve small areas or for use during times of peak electricity demand. But that’s changing. Ohio is seeing coal-fired plants retire, and new large natgas plants rise up to take their place. Many of the existing 33 natgas plants generate 25-30 megawatts of electricity. But the new plants planned are close to, or exceed, 1,000 megawatts. Beasts! It’s a fair statement to say that natural gas (specifically shale gas) is “changing the electricity grid landscape” in the Buckeye State. Below is an article outlining how natgas is changing electricity in Ohio, along with a list of the 33 existing, 5 approved and five proposed (43 in all) natural gas-fired electric plants in Ohio…
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    Ohio EPA Begins Using New General Permits for Compressor Stations

    Compressor stations in Ohio, needed to flow natural gas through numerous new pipelines being built, require a permit from the Ohio Environmental Protection Agency (EPA) in order to get built. The Ohio EPA considers each application independently, a laborious and long process. In an effort to streamline that process, the Ohio EPA began work on a plan in September 2015 to issue “general permits” for compressor stations (see Ohio EPA Seeks “Pre-Comments” on Compressor Station Permit Plan). A general permit is, essentially, a cookie cutter approach. If midstream companies agree to the provisions in the general permit, i.e. they commit to using certain types of equipment and certain standards, the permit process will speed along much faster. In April 2016 Ohio EPA floated draft versions of the new general permits (see Ohio EPA Seeks Comments on New Permits for Compressor Stations). The long wait is over. Ohio EPA announced last week that the new general permits (there are a BUNCH of them) are ready for use…
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    Ohio Dormant Minerals Act – Rights Do Not Automatically Transer

    MDN has highlighted the importance of the Ohio Supreme Court’s decision with regard to the Ohio Dormant Mineral Act (DMA). In September the OH Supreme Court ruled in three DMA cases, saying all of the other cases come under those three (see Important: OH Supreme Court Finally Rules on Dormant Mineral Act). Following that ruling, we brought you insights on what it means from international law firm Jones Day (see One More Look at Important OH Supreme Court DMA Decision). We later ran a copy of an analysis done by attorney David Wigham, who commented that title and ownership to mineral interests in Ohio has “significantly changed” (see Expert Says OH DMA Decision “Significantly Changed” Mineral Rights). Below we have yet another analysis. This one does a great job of summarizing the three cases and what they mean. The bottom line takeaway: the Ohio Dormant Mineral Act does not automatically transfer oil and gas mineral rights to surface owners…
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    Federal Judge Lets Rover Enter Most OH Properties for Tree Clearing

    On Friday, Feb. 3, the Federal Energy Regulatory Commission (FERC) gave a final approval for Energy Transfer’s Rover Pipeline project–a $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 (see ET Rover Pipeline Gets Final Approval by FERC). Rover immediately began cutting down trees along the path in Ohio, on property where landowners have signed easements and voluntarily granted access. However, some landowners, either signed or unsigned, have not yet granted access. So Rover went to court, seeking eminent domain declarations (see Time’s Up – Rover Pipe Uses Eminent Domain on Holdout OH Landowners). Yesterday a federal judge granted Rover a preliminary injunction that allows the company to enter most properties–at least for those who have already signed or are actively negotiating with Rover. There are a few holdouts (21 owners of 15 parcels) where certain legal hoops still need to be jumped through–but they will also soon have to allow Rover access. What are last minute offers by Rover to landowners for easements? Rover isn’t saying, but some landowners are mentioning $70 to $80 per linear foot as a good number…
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    Utica Wells Producing 420% More Today than Just 3 Years Ago

    Naysayers and peak oil & gas theorists always ignore the 800 pound gorilla in the room when they make their pessimistic predictions that “any day now” oil and gas production from shale will decline into oblivion. The 800 pound gorilla? Shale drillers keep getting better at what they do. Technology is changing. Techniques change. And drillers get more out of the holes they drill today than they did last year, and the year before that, and the year before that. Across all American shale plays, wells in January 2017 produced an average of three times more gas and oil than they did in January 2014. Let us put that another way: Today’s wells are producing 300% more than wells drilled just three years ago! Here’s another startling fact: the shale play with the most improvement in production is the Utica. Wells in the Utica are producing, on average, 4.2 times (420%) more today than they did three years ago…
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    OH Fight to Re-Regulate Electric Industry – Impacts on Shale

    In January we brought to your attention a developing situation–a fight, really–by a few large regulated electric utilities that seek to have Ohio re-regulate the electric industry (see OH Power Cos. Try to Stop Gas-Fired Plants with “Re-Regulation”). We make no bones about the fact we think that’s a very poor idea. It will have the effect of raising electric rates for consumers, and eliminate unregulated shale gas power plants. It is a move by big corporations to eliminate competition–using Ohio’s laws do it. Three of the state’s biggest electric utilities trying to do this: FirstEnergy, American Electric Power, and Dayton Power and Light. Shame on them. One of the most vocal critics of re-regulation is Bill Siderewicz, the owner of Clean Energy Future (based in Boston). Clean Energy is in the process of building two Utica gas-powered electric plants in Lordstown, spending more than a billion dollars to do it. If re-regulation happens, those plants won’t open. Is there a case to be made for re-regulation? Is Siderewicz correct in his assessment that re-regulation is simply re-monopolization under a new name? A recent article in the Youngstown Vindicator does a good job of presenting both sides of this very important issue…
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    OH Gov Kasich’s 500% Severance Tax Increase a Jobs Killer

    Ohio Gov. John “severance tax” Kasich is Johnny One Note when it comes to his desire to tax the Utica Shale industry and transfer their hard-earned money away to other people who didn’t earn it. In January, Kasich announced he would obstinately include a nosebleed-high Utica Shale severance tax (6.5%) in his biennium budget–again (see OH Gov. Kasich Recycles Proposal to Increase Utica Severance Tax). If you calculate it out, Kasich’s proposed increase is 500% higher than what it is now. According to Joe Nichols, policy analyst at The Buckeye Institute’s Economic Research Center in Columbus, the increase in the Utica Shale tax is a jobs-killer in the Buckeye State. Nichols takes aim at this latest effort by Kasich to screw up the Utica Shale industry in Ohio…
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