Energy Services | Equitrans/EQT Midstream | Industrywide Issues | Pipelines | Regulation | Statewide WV | West Virginia
WV DEP Holds Virtual Public Hearing Tonight on MVP Water Permit
The West Virginia Dept. of Environmental Protection (WV DEP) is moving forward with its constitutional duty to evaluate whether or not the state should issue a federal Clean Water Act permit allowing Mountain Valley Pipeline (MVP) to finish crossing water bodies it hasn’t already crossed under a previous permit (which was overturned by the lefties of the U.S. Court of Appeals for the Fourth Circuit). WV DEP will hold an online, virtual hearing tonight at 6 pm to accept comments from the public.
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A federal court in Pennsylvania upheld the findings of a U.S. Dept. of Labor investigation that oil and gas contract worker Henkels & McCoy Inc. owes big money in back wages and overtime to 362 workers at 11 worksites in five states, including Pennsylvania, West Virginia, Connecticut, Georgia, and (yes) even in New York too. The company must now pay $1,085,830 in back wages and damages.
It would be laughable if it were not so tragic…Democrats like Secretary of Energy Jennifer Granholm (worst Sec Energy in a generation) think throwing $5 million to West Virginia University for “research” to develop “low-carbon power plant technology” is some big deal. It’s generous. Magnanimous. Beneficent. Granholm visited WV last week to bestow $5 million in largesse from Uncle Joe on the good people of the Mountain State. A $5 million research grant is NOTHING. It’s a rounding error of a rounding error in the Dept. of Energy’s budget. By comparison, a single natural gas-fired power plant in WV would attract $500-$800 million of investment! And that’s all private money, not taxpayer’s hard-earned money.
All three M-U states received permits to drill new shale wells last week, but not a lot. In fact, it was one of the lowest overall number of permits issued in recent memory. Pennsylvania received just five new permits, and some of those were reissued permits. Ohio received four permits. And West Virginia just a single new permit.
The state treasurers from all three actively producing Marcellus/Utica states, including Stacy Garrity (PA), Robert Sprague (OH), and Riley Moore (WV), along with the state treasurers from 11 other oil and gas producing states, sent a letter to John Kerry, Biden’s so-called Climate Envoy, telling Kerry and other Biden officials to stop pressuring banks and other financial institutions to divest from fossil fuel companies. The treasurers also issued a warning to those banks and financial institutions letting them know their states (all 14 of them) will collectively pull their money out of those banks and financial institutions–BILLIONS of dollars–if the banks and financial institutions persist in divesting from fossil fuel companies. Fossil fuel haters: BACK OFF!
As we reported a month ago, a group of West Virginia landowners/rights owners filed a claim against EQT alleging the company had allowed leases to lapse, then at a later date reentered their property and drilled new wells (see 
Over the years we’ve covered a number of stories about companies buying future royalty payments from landowners (and rights owners) for an upfront, one lump sum payment now. Normally the deals don’t disclose how much money changed hands for those upfront payments. We have some recent transactions from a newcomer to the Marcellus/Utica, a company willing to announce how much they paid to buy those rights, which caught our attention. We have financial details for a deal in the Marcellus, and details for a deal in the Utica to share with you. We have hard numbers for how much they paid to buy those royalty rights.
Antero Resources, which drills almost exclusively in the West Virginia Marcellus/Utica, issued its first-quarter 2021 update yesterday. Antero is the third-largest natural gas producer in the U.S. and the second-largest NGL producer. Big company. Important company. Antero is also one of the best hedgers (preselling production at a set price) in the business. During 1Q21 Antero averaged $4.03 per Mcfe (thousand cubic feet equivalent)–which was $1.34/Mcfe *above* the average NYMEX futures price in 1Q21.
According to an extensive article appearing in the Pipeline & Gas Journal, “the oil and gas industry [in the Marcellus/Utica] is ready to pick up where it left off in 2019.” The Ohio Oil & Gas Association (OOGA) says “2021 is looking up.” However, nobody in the midstream is planning to build new pipelines anytime soon. That spells trouble ahead for prices. Increasing production without new pipeline capacity to transport the increased production to other markets equals stagnant (or even falling) prices.
The issue of expired leases has once again reared its head for EQT–this time in West Virginia. In 2006 a group of WV landowners/rights owners sued Equitable Production Company (now EQT) claiming, among other things, “damages for improper deductions of post-production expenses from their royalty payments and damages for breach of lease agreements, breach of fiduciary duty, fraud, violation of the West Virginia Consumer Credit and Protection Act…violation of the flat rate royalty statute… and punitive damages, all related to the improper payment of royalties.” That case was settled in 2010. However, a subgroup within the larger class action group has a new/different claim: that EQT let leases lapse and then reentered and drilled on property out-of-lease. It’s called trespass.
The Biden-controlled U.S. Army Corps of Engineers has just granted anti-fossil fuel zealots enough rope to strangle the Mountain Valley Pipeline (MVP) project, or enough rope to strangle themselves. We hope it’s the latter, we fear it may be the former. The “rope” in this case is time. The Army Corps announced Friday it will give antis an extra 30 days to comment on (complain, manipulate, lie about) a proposed water crossing permit for MVP in West Virginia and Virginia. Even with the extra 30 days antis still are not satisfied.