Judge Won’t Grant Request to Stop Adoption of New PA Drilling Regs
In March MDN told you about a lawsuit filed by the Pennsylvania Independent Petroleum Producers Association (PIPP) against implementation of new rules and changes to existing rules known as Chapters 78 & 78a (see PA Conventional Drillers File Lawsuit to Stop New DEP Regulations). PIPP objects to conventional drillers being subjected to many of the same rules as unconventional (shale) drillers. PIPP says the two types of drilling are apples and oranges and to make small drillers jump through the same hoops as big shale drillers will literally eliminate small drillers from the Keystone State–making it unprofitable to continue drilling. So PIPP, on behalf of those drillers, sued to stop the new regulations. Unfortunately (for PIPP and all drillers) a judge ruled against PIPP and will allow the rules to move forward in the process to be adopted…
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An important case regarding royalties was ruled on in the Superior Court of Pennsylvania on April 7th. As with many of these cases, this one is complicated. We’ll do our best to summarize it. A husband and wife leased their property in the 1990s to a company that eventually sold the least to CNX (i.e. CONSOL Energy). The couple later signed another lease with CNX in 2002. Both leases states that CNX will pay the couple one-eighth of the sale price for the gas as a royalty. But more than just the wells on the couple’s land are commingled in a drilling unit, so the way CNX calculate the royalties (as per the lease) is to measure the amount of production at the wellhead and divide accordingly. If the couple’s well produced 20% of the overall volume produced by all the wells in the unit, they get 20% of one-eighth of the sale price. But here’s the thing: the amount of gas that eventually gets sold “down the pipeline” is less than what is produced at the wellhead. As gas travels through pipelines and compressor stations, some of it disappears. The couple’s attorney says because CNX can’t account for 100% of the gas that disappears (maybe more disappears from the neighbor than his client), that CNX is in breach of the lease and owes the couple a royalty based on the gas produced at the wellhead and not based on what is eventually sold “down the pipeline.” A lower court ruled in favor of CNX. Now, the Superior Court of PA has also ruled in favor of CNX and says the clever legal reasoning by the couple’s attorney doesn’t hold water…
The sudden slowdown in drilling activity not only affects drillers, oilfield services companies, midstreamers and the many supply chain companies (restaurants, hotels, fencing, etc.) that service them–it also affects trade associations. Last November America’s Natural Gas Association merged with the more flush American Petroleum Institute (see 
Pennsylvania State Rep. Martin Causer (R-Turtlepoint) testified before the U.S. House Committee on Agriculture in Washington, DC on Wednesday, April 13. Causer was there to tell the House Agriculture Committee that new pipelines are desperately needed in the farm country he represents. We have a copy of Rep. Causer’s masterful testimony below…
Yesterday the Pennsylvania State House and Senate energy committees voted to disapprove the state Dept. of Environmental Protection’s proposed new Article 78 and 78a drilling rules. In February when the Pennsylvania Environmental Quality Board (EQB) approved the new regulations after those regs were vigorously opposed by conventional drillers in the state, the Pennsylvania Independent Oil & Gas Association (PIOGA) blasted the decision calling the DEP “deceptive” (see 
Rex Energy has stepped up to be the second Marcellus/Utica driller to cut a deal using the Mariner East pipeline to ship ethane, propane and (eventually) butane from western PA to the Marcus Hook refinery in Philadelphia, and from there load it onto ships heading to (in this case) Europe. Range Resources was the first driller to use Sunoco Logistics Partners’ Mariner East pipeline to send ethane to Marcus Hook and on to exporting (see 
On May 18, the Ben Franklin Shale Gas Innovation & Commercialization Center (SGICC) will announce four $20,000 winners of this year’s Shale Gas Innovation Contest. In addition to showcasing the 12 finalists, this year’s event will also feature a Poster Contest highlighting research underway related to the oil and gas sector–from four major regional research universities. Below we have the list of all 12 finalists with a description of their qualifying technologies. Among the list is one of our favorite companies, HalenHardy, a previous winner of another SGICC award for Shale Gas Environmental, Health, & Safety (see 
CPA/consulting firm HBK (Hill, Barth & King) is fresh out with their 2016 Energy Assessment–an analysis of energy trends, opportunities, challenges and risks. In the assessment (full copy below) HBK Energy Advisors (a division of HBK) weighs in on issues like Obama’s odious Clean Power Plan, renewable energy, LNG and more. Of particular interest to MDN is a series of predictions made not in the official assessment, but in an accompanying blog post on the HBK website. The analysts make a series of predictions for Pennsylvania, Ohio, New Jersey and Florida. The first prediction for Ohio is that pipeline work in the Buckeye State will increase, mostly due to the NEXUS pipeline. Which we find interesting. Just last week we told you an analyst from Wood Mackenzie predicted the NEXUS won’t get built (see