Statewide PA

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    PA Supreme Court to PUC: Knock Off the Zoning Reviews (for Now)

    Yesterday, the Pennsylvania State Supreme Court issued a ruling quashing (stopping) the state Public Utility Commission from carrying out some of its duties as specified under PA’s 2012 Marcellus Shale Act 13 law–duties tied to Act 13’s zoning provisions. It is a small and perhaps short-lived victory for the towns who had sued the PUC asking for relief from the PUC’s reviews of their zoning laws. It is a short-lived victory for the towns because the Supreme Court is due to decide on Act 13’s zoning provisions soon, so this decision is in effect until that bigger (and final) decision is made.

    That’s the news. Now, to bring you up to speed on the background of this case and what yesterday’s decision means…
    Read More “PA Supreme Court to PUC: Knock Off the Zoning Reviews (for Now)”

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    Range Resources: Marcellus Will Provide 20-25% Growth “For Years”

    A few weeks ago Range Resources gave us a high level heads-up on second quarter results, and their results from the Marcellus were indeed very good (see Range Resources 2Q13: Production Up 27% Due to Marcellus). Yesterday, Range Released the full 2Q13 update–both financial and operational. The numbers are good (see the report below).

    The huge news hidden in yesterday’s announcement: Range reports that on July 21st their first deliveries of ethane via the Mariner West pipeline were made to Sarnia, Ontario, Canada where the ethane will (presumably) be processed at the Corunna ethane cracker plant. Below are selected portions of the 2Q13 report from Range, relevant to their Marcellus drilling program, including a breakdown of how much it costs them to produce each Mmcf of gas…
    Read More “Range Resources: Marcellus Will Provide 20-25% Growth “For Years””

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    PA DEP Extends Public Comment Period for Public Comment Period

    Want your voice heard on whether or not the Pennsylvania Dept. of Environmental Protection (DEP) should or should not grant a particular permit for shale drilling? The DEP has announced they are extending the public comment period on their draft policy for…er…public comments–at least public comments given in the drilling Permit Review Process. The original public comment period on public comment periods was scheduled to close on July 22. The public comment period on public comment periods has now been extended to August 27.

    Here’s the PA DEP’s public comment about the extension of public comments on public comments:
    Read More “PA DEP Extends Public Comment Period for Public Comment Period”

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    New Report Shows Permits, Wells Drilled & More Near Your Address

    As you  may know, MDN editor Jim Willis has been partnering with ShaleNavigator founder Ed Camp for more than a year now to bring you the three volume Marcellus and Utica Shale Databook series. The 2012 series was a huge success, and the new 2013 series (Volume 1 is out now) is shaping up to be the same. The Databook is a series of maps created using the excellent ShaleNavigator service to display where (and to whom) permits have been issued, county by county, throughout the Marcellus and Utica Shale region. However, the ShaleNavigator itself service is far more than just permits, displaying multiple “layers” of information users can turn on and off to display lease offers, pipeline locations, compressor station locations and much more (24 different layers in all).

    Ed has just released an exciting and important new feature for the ShaleNavigator service: Subscribers may now produce reports displaying shale oil and gas wells, well permits, pipelines, and lease offer information near a specific address “on the fly.” Type in any address (your address maybe?), wait a few seconds, and get a PDF report detailing all of the permits issued, wells drilled, pipelines and lease offers within both a 2 mile radius and within a 5 mile radius of that address (see an example report embedded below). Folks, this is beyond cool!…
    Read More “New Report Shows Permits, Wells Drilled & More Near Your Address”

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    PA’s Top 10 Marcellus Drillers Based on Number of Permits

    Top 10Who doesn’t love a Top 10 list? David Letterman has built a career on them. There are a lot of different ways to measure who the biggest drillers are in Pennsylvania–the Top 10 drillers. Recently, the Pittsburgh Business Times took a fresh stab at it. They counted how many shale gas wells have been permitted for drilling companies. It doesn’t mean the wells have been drilled yet, but you don’t spend big bucks on a permit to not drill. We can safely assume if it’s permitted, it either has been or soon will be drilled.

    So who are the Top 10? The names of the drillers in the list may not surprise you, but we bet the number of permitted wells they have and their order in the list may surprise you…
    Read More “PA’s Top 10 Marcellus Drillers Based on Number of Permits”

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    Range Says Marcellus Wells 3X Better than Best Barnett Wells

    Range Resources was the first driller to tap the Marcellus Shale–back in 2004. Although Range is headquartered in Texas and although they have actively drilled there for years, Range is so in love with the Marcellus they’ve sold off all remaining Barnett Shale acreage they owned and they are now almost totally focused on drilling in the Marcellus Shale. It’s been a smart move for Range’s bottom line…
    Read More “Range Says Marcellus Wells 3X Better than Best Barnett Wells”

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    India’s RIL Doubles US Shale Investment to $10.8B! Mostly Marcellus

    The single largest company in India is Reliance Industries Limited (RIL). A few years ago, RIL invested in three U.S. shale joint ventures (see India’s RIL: Shale Gas a Major Contributor to Revenue by 2015 for background). RIL has invested $5.7 billion in the jv’s to date–a massive investment. Word has just come out that they plan to double that investment in the next three years–to a whopping $10.8 billion.

    Two of the three jv’s, and most of the investment, will be in the Marcellus Shale. RIL says by the time the project is done, they will have drilled 3,846 shale wells in the US…
    Read More “India’s RIL Doubles US Shale Investment to $10.8B! Mostly Marcellus”

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    PA Drillers Pay $1B+ in Taxes/Fees, Democrats Want More

    In the first two years of Pennsylvania’s impact fee–which is really 60% fee and 40% tax–the state has collected $406.7 million from drillers. Since Marcellus Shale drilling began in earnest in 2008, drillers have ponied up more than $500 million to repair PA roadways. Add to that permit fees, state corporate taxes and state income taxes and all told, drilling companies have paid out well over a billion dollars in PA–a staggering number.

    However, more than a billion dollars is still not enough for PA’s Democrat politicians who continue to agitate for a severance tax to grant them an open spigot of money to spend as they please. Their insatiable appetite to spend other people’s money seemingly knows no bounds…

    Natural gas companies fixed or are repairing at least 413 miles of state roads in Susquehanna, Wyoming and Wayne counties, mostly damaged by their heavy trucks, a Times-Tribune review of state Department of Transportation records show.

    The industry spent more than $500 million statewide on repair and replacement projects on state roads since the natural gas boom began, said Kathryn Klaber, chief executive officer of the Marcellus Shale Coalition. That does not include nearly $406.7 million in impact fees the state Public Utility Commission said natural gas drillers were required to pay to counties over the same period, but critics say the industry still isn’t paying its fair share.

    “That’s not something we should celebrate,” said state Rep. Mike Carroll, D-Hughestown. “They’re doing what they should be doing. That should be a given.”

    There have been some instances in which PennDOT has had trouble getting the companies to conduct repairs, said Terry McHenry, a PennDOT district inspection manager, but “by and large, they have been pretty darn good.”

    Before drillers can put their heavy trucks on many state roads, natural gas companies are required to take out insurance policies amounting to $12,500 per mile, McHenry said.

    PennDOT conducts weekly inspections on bonded roads and requires natural gas companies to repair damage they caused.

    When there is damage, McHenry said companies submit a maintenance repair plan to PennDOT and pay contractors to fix the roads.

    In many cases, he said drillers leave the roads in better shape than they found them.

    “In the end, I think we will have – in most cases, not in all cases – a better roadway system than before they got here,” McHenry said.

    The industry also sometimes reconstructs roads before work in an area begins to gain better access to gas wells, said Klaber. In those cases, the industry wants to ensure it is not paying for damage caused by other major users of the same roads, she said.

    Carroll said he still has concerns about roads not necessarily associated with Marcellus Shale communities being damaged by heavy trucks and not getting the appropriate funding to repair that damage. For example, he said trucks carrying equipment and water may travel through Lackawanna and Luzerne counties on Interstate 81.

    Klaber said other industries that send vehicles such as delivery trucks and school buses are not asked to pay additional fees for damaging public roads.

    “We should celebrate economic activity” that keeps the roads occupied, she said.

    State Rep. Sid Michaels Kavulich, D-Taylor, like several other of his Democratic colleagues from the region’s legislative delegation, said he appreciates the industry’s work on roads.

    At the same time, Pennsylvanians need to learn from the legacy of the coal mining industry, he said.

    That means getting fair value for the natural resource the industry extracts from the commonwealth for its citizens and additionally require the industry to put aside money for cleanup of environmental contamination.

    Taylor still suffers from mining subsidence years later, Kavulich said, adding he fears the state is not doing enough to ensure the industry is held financially accountable for environmental impacts.

    The House members, along with state Sen. John Blake, D-Archbald, each expressed support for a natural gas severance tax.

    Pennsylvania is the only state in the nation with major natural gas production that does not have a severance tax, Blake said. He called the impact fees “woefully inadequate.”

    Kavulich said the impact fees levied on the industry currently translate to about a 1 percent tax, and he would support a “moderate” severance tax of 3 percent to 4 percent as some neighboring states have.

    A Pennsylvania Budget and Policy Center report found that despite low market prices, the economic value of natural gas increased from $1.6 billion to $3.9 billion between the second half of 2010 and the second half of 2012.

    The organization found that the impact fees remained flat despite that, while a 4 percent natural gas severance tax like West Virginia’s could generate between $434 million and $490 million in 2013-14 – about twice as much as the center’s $228 million to $229 million impact fee projections.

    That money could be invested in areas like education and health and human services, in addition to fixing damaged infrastructure, Kavulich said.

    A severance tax would make Pennsylvania less competitive, Klaber said, and the Pennsylvania Budget and Policy Center’s estimates do not account for lost revenue from drillers ceasing operations in response.

    She said investment would slow in response to a new tax, and many companies were already hurt by retroactive impact fees, resulting in lost capital investment.

    “Northeast Pennsylvania would be the hardest hit by a severance tax,” she said.

    Klaber argued that the industry already has given taxpayers value in return for extracting natural gas through hundreds of millions of dollars worth of gas leases for state-owned property.

    In addition to the leases, impact fees, investments on state roads, she said the industry also pays state corporate taxes and permitting fees, while its employees pay state income taxes.

    “This industry has paid its way in many different ways,” Klaber said.*

    *Wilkes-Barre (PA) The Citizens’ Voice (Jul 22, 2013) – Natural gas industry routinely fixing state roads

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    Some PA Landowners Mull Decision to Sue Chesapeake over Royalties

    Are you a landowner in Pennsylvania leased with Chesapeake Energy? And if you are, do you feel cheated with your royalty payments? If so, you may want to join what’s shaping up to be a class action lawsuit in PA against Chessy over what some claim are underpaid royalties.

    Landowners are being pursued by a couple of Scranton-area lawyers working with a couple of out-of-state lawyers–from New York City–to go after Chesapeake on the issue of what they say are shorted royalty payments. Are these lawyers champions of the downtrodden, defending the rights of shafted landowners? Or the real estate equivalent of ambulance chasers? You decide…
    Read More “Some PA Landowners Mull Decision to Sue Chesapeake over Royalties”

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    “Enviro” Group Sues Wastewater Company, Alleges Illegal Dumping

    Clean Water Action (CWA), an anti-drilling, anti-fossil fuel 501(c)(4) non-profit group is using money from the war chest of its big liberal donors to sue a legitimate, small, private business. In a press release yesterday, CWA announced they’re filing a lawsuit against Waste Treatment Corporation, alleging WTC is illegally discharging oil and gas drilling wastewater into the Allegheny River in violation of Pennsylvania state regulations. But wait–isn’t it the PA Dept. of Environmental Protection’s (DEP) job to monitor and punish wrongdoers who break  the rules? Yep. But that doesn’t stop out-of-control groups like the CWA.

    WTC says they are operating according to the letter of the law and have violated no DEP regulations…
    Read More ““Enviro” Group Sues Wastewater Company, Alleges Illegal Dumping”

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    PA Problem: Act 13 Zoning Case to be Decided by 6 Supremes, Not 7

    trouble brewing signPotential trouble is brewing for Marcellus drillers in Pennsylvania. As MDN has chronicled since early last year, seven towns (and a few individuals) sued PA over a provision in “Act 13” passed in early 2012 which creates uniform statewide standards for oil and gas zoning regulations–regs that supercede and replace local zoning laws related to oil and gas drilling (see Lawsuit Filed: PA Towns Sue State over Marcellus Act 13 Law). A handful of towns in western PA didn’t like the state telling them where a well can and can’t go. They call it a “one size fits all” solution that doesn’t square with realities in different and varying geographies. The state maintains it has all sorts of safeguards built in and the new uniform standards prevent capricious local town boards from interfering with a legitimate and safe activity. Who’s right? It’s a Solomon kind of conundrum.

    The towns sued and won–in two lower court cases. The case was appealed to the PA Supreme Court–but Houston, we have a problem. The PA Supreme Court heard arguments in the case last October. One of the seven justices has since been convicted on a minor fundraising offense and removed from office (see PA Supreme Court Resignation Affects Act 13 Zoning Decision). If the court had previously decided the case without a seventh justice, it likely would have resulted in a 3-3 split. The new justice, Correale Stevens, was installed in June. We’ve just learned that he will not participate in the Act 13 case, meaning it will definitely be decided by six justices. Unless one of them changes, a 3-3 decision would mean the lower courts’ decision stands and drilling in some locations in PA will be thrown into chaos, affecting landowners, jobs and the local economy…
    Read More “PA Problem: Act 13 Zoning Case to be Decided by 6 Supremes, Not 7”

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    Chilean Execs Visits PA – Interested in Buying Marcellus Shale Gas

    Last April, PA Gov. Tom Corbett went on a South American visit to promote Pennsylvania–especially PA’s shale gas. Looks like he did a good sales job. This week, energy executives from Chile are making their own trade visit to PA and guess what they want to see? PA’s Marcellus gas fields…
    Read More “Chilean Execs Visits PA – Interested in Buying Marcellus Shale Gas”

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    New PennEnvironment “Report”: Soak Drillers for More Bond Money

    More huffing and puffing from the anti-drilling group PennEnvironment. Yesterday they released a new so-called report called “Who Pays the Costs of Fracking?” (full copy embedded below). PennEnvironment, using paid interns from an anti-fossil fuel think tank called The Frontier Group to write this drivel, attempt to make the case that drillers don’t pay enough bond money up front for future, possible, maybe, someday problems that might arise–potentially. So make ’em pay now, up front.

    Of course their chief recommendation–require obscenely high up-front bonds from drillers–is nothing more than a back-door way of making it more expensive to drill, leading to less drilling. But that’s what these types of organizations do–sit around and dream up ways to slow the use of those evil, nasty fossil fuels…
    Read More “New PennEnvironment “Report”: Soak Drillers for More Bond Money”

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    PA Landowners with Marcellus Wells: The (Property) Tax Man Cometh

    A developing story for Pennsylvania landowners, as reported by WTAE Channel 4 (ABC) Pittsburgh: If you’re a PA landowner with over 10 acres of farmland or woodlands, it’s likely you pay a much lower tax rate on the land because of the “Clean and Green” Act–technically known as the Pennsylvania Farmland and Forest Land Assessment Act of 1974. Clean and Green is meant to keep taxes on farms and other agricultural-types of property lower, based on the land’s value for agriculture, rather than taxed on the land’s prevailing or “full market” value. When the land’s use changes, however, to something like an industrial use (i.e. used for a drill pad), the landowner is responsible for paying higher taxes on the prevailing market value for that portion of land used for that purpose.

    If you haven’t been paying a higher tax rate for the portion of your land used for drilling (as we understand it, only the surface portion used–where there’s a drill pad), you may retroactively owe back taxes. It seems that the Clean and Green tax issue for landowners with Marcellus wells on their property is now heating up, and if you’re not paying the higher tax, it’s being spun that you’re “hurting ordinary taxpayers”…
    Read More “PA Landowners with Marcellus Wells: The (Property) Tax Man Cometh”

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    Shareholder Rebellion at Epsilon Energy – New Board as of Today

    Apparently there’s been a shareholder rebellion at Marcellus driller Epsilon Energy. MDN reported a year ago that Epsilon, headquartered in Ontario, Canada, was scaling back its focus on drilling in the Marcellus due to low natural gas prices, and instead concentrating on oil drilling in the Bakken Shale region of North Dakota (see Epsilon Energy 2Q12 Update: Scaling Back in the Marcellus). At that time (perhaps still), the company owned a 35% stake in the Auburn gas gathering system in the PA Marcellus.

    The company released the following statement on Friday that virtually the entire board of directors will resign as of today, July 15, and be replaced by a new slate of board members:
    Read More “Shareholder Rebellion at Epsilon Energy – New Board as of Today”