West Virginia

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    IOGA WV Gets it Right on Co-Tenancy & Joint Development

    For some time we’ve reported on the effort to pass new legislation in West Virginia on co-tenancy and joint development (see WVONGA Makes Plans to Push Forced Pooling Lite in 2018). These two concepts together somewhat replace what the oil and gas industry once wanted in WV–a forced pooling law. The West Virginia Oil and Natural Gas Association (WVONGA) has been the driving force behind the effort to adopt co-tenancy and joint development. MDN has been right up front about our views: co-tenancy is fair and reasonable, joint development is not. WVONGA continues to push for both. However, WVONGA is not the only oil and gas trade association in the Mountain State. WV also has the Independent Oil & Gas Association of West Virginia (or IOGA WV), which broke off from WVONGA in 1959. We were delighted to spot an article that reports IOGA WV is pushing for co-tenancy, but NOT for joint development. IOGA of WV recognizes joint development for what it is–an attempt to allow drillers to use old leases for shale drilling without having to negotiate new terms (i.e. pay more to rights owners). Kudos to IOGA WV for getting it right. What, precisely, is co-tenancy and joint development? Glad you asked…
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    EQT Bd Member Continues to Stir Controversy in WV Gov Office Role

    Bray Cary

    This is a story that won’t go away. Last week MDN told you about the kerfuffle over EQT board member Bray Cary and his work as an unpaid, “informal” adviser to WV Gov. Jim Justice (see EQT Board Member Unofficial Adviser to WV Gov Justice and More on EQT Board Member Serving in WV Gov’s Office). Cary has his own “swipe card” giving him 24/7 access to the Capitol. Cary has been “taking part in policy-oriented meetings.” He’s not on the payroll and he doesn’t answer to anyone. He’s also not subject to the state Ethics Act. Because Cary sits on the EQT board, and EQT has big assets in WV, critics see a conflict of interest. In our own simple words, Bray Cary has become a problem for EQT–a problem that needs to get fixed, fast. He either needs to end his role as unpaid adviser to West Virginia Gov. Jim Justice, or resign from EQT’s board of directors. Continuing to function in both roles is clearly a distraction EQT doesn’t need–and doesn’t want…
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    WV O&G Property Tax Revenue $96M in 2017, Down $38M from 2016

    The West Virginia Oil & Natural Gas Association (WVONGA) issued a press release yesterday (that MDN didn’t receive) to tout the fact that property tax revenue on WV oil and natural gas production will provide “just over $96 million” to fund local school systems and vital community services. That is certainly cool and worth calling attention to. However, the WVONGA press release failed to point out that property tax revenue for local schools from o&g property taxes is going down by $38 million in 2017–because of the formula used to calculate those taxes. In Wetzel County, for example, Wetzel County Schools project a loss of $8.6 million in property tax revenue from oil and natural gas production for the 2017 tax year as compared to 2016. WV uses a formula based on production and pricing from the period two years prior to the current year. So property taxes from o&g are calculated on how much production, and the price received, during 2015–right at the bottom of the market. Which is why when production and prices are up now, tax revenues are down. Still, $96 million is nothing to sneeze at. Here’s the WVONGA press release, along with the rest of the story…
    Read More “WV O&G Property Tax Revenue $96M in 2017, Down $38M from 2016”

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    More on EQT Board Member Serving in WV Gov’s Office

    Yesterday MDN told you about EQT board member Bray Cary and his work as an unpaid, “informal” adviser to WV Gov. Jim Justice (see EQT Board Member Unofficial Adviser to WV Gov Justice). WV media continues to track (hound) this story. The bone of contention is that Cary, who is a long-time WV resident (lives in Charleston) appears to have unfettered access to Justice. Cary has his own “swipe card” giving him 24/7 access to the Capitol. Cary has been “taking part in policy-oriented meetings.” He’s not on the payroll and he doesn’t answer to anyone. He’s also not subject to the state Ethics Act. And because Cary sits on the EQT board, and EQT has big assets in WV (and a big interest in pushing for a forced pooling law), critics see a conflict of interest. But is there? Yes, Cary sits on the EQT board, but that’s just one small piece of Cary’s background and active life. Cary is “best known for his former role as an executive with West Virginia Media.” He’s a player. He’s connected. An important guy. And Gov. Jim Justice wants to bend his ear on occasion, to get Cary’s advice and feedback. The real issue is not will/does Cary’s presence give EQT some sort of unfair advantage in the highest levels of WV state government. The real issue is the *appearance* of a conflict of interest–whether there actually is one or not…
    Read More “More on EQT Board Member Serving in WV Gov’s Office”

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    Baker Hughes Nov Rig Count – US & Marc/Utica Counts Go Down

    The International (non-U.S.) Baker Hughes rig count for November 2017 was 942, down 9 from the 951 counted in October 2017, but up 17 from the 925 counted in November 2016. The U.S. rig count for November 2017 was 911, down 11 from the 922 counted in October 2017, but up 331 from the 580 counted in November 2016. The average Canadian rig count for November 2017 was 204, unchanged from the 204 counted in October 2017, and up 31 from the 173 counted in November 2016. What about rig counts in the Marcellus/Utica? Pennsylvania lost one rig (second month in a row PA has lost a rig), running an average of 31 rigs during October. Ohio gained a rig to run an average of 30 rigs. West Virginia saw the biggest swing–a huge swing–by losing 3 rigs, running an average of 12 rigs last month. So the Marcellus/Utica combined lost 3 rigs last month. Here’s the BH update…
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    Atlantic Coast Pipe Gets Key WV Approval; VA Approval Next Week?

    On Wednesday the West Virginia Department of Environmental Protection (WVDEP) “waived” the state’s authority under the federal Clean Water Act to determine if Atlantic Coast Pipeline (ACP) will harm rivers and streams, instead deferring to the US Army Corps of Engineers’ (USACE) Nationwide permit. The USACE Nationwide permit has the same exact standards as found in the WV version–so there’s no need to duplicate the paperwork. This is not the first time WVDEP has deferred to the USACE’s permit. They did the same exact thing with a water crossing permit for the Mountain Valley Pipeline project in November (see WV DEP Secretary Issues Letter Explaining MV Pipeline Decision). It’s pretty easy for antis to demagogue the issue, saying WV has “given up it’s right to regulate the project.” That is manifestly untrue. As WVDEP pointed out in November with Mountain Valley, and again on Wednesday with Atlantic Coast, “Waiving the 401 individual certification does not indicate that there will be fewer environmental requirements to which the ACP must adhere. The special West Virginia conditions that exist in the US Army Corps of Engineers (USACE) Nationwide permit are designed to mirror what would be in a 401 individual certification issued by West Virginia. Under the Nationwide permit, enforcement would be left to federal agencies and would be limited to stream crossings.” WV’s approval of ACP is a major milestone, but not the only one required…
    Read More “Atlantic Coast Pipe Gets Key WV Approval; VA Approval Next Week?”

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    WVU Gets $1.3M Grant to Research Ways to Use More NatGas In-State

    West Virginia University (WVU) is a research powerhouse. They have lots of researchers doing important work in a variety of disciplines. One of those disciplines is natural gas. WVU founded the Center for Innovation in Gas Research and Utilization (CIGRU) to “conduct transformative, fundamental, research directed at innovative pathways for shale gas utilization and upgrading.” CIGRU, along with two other non-shale related research programs, have just collectively received a $3.9 million Research Challenge Grant from the West Virginia Higher Education Policy Commission. The WVU press release doesn’t say how each of the three different recipients (CIGRU being one of them) got, but we figure they likely divided it evenly, hence our assumption that CIGRU got $1.3 million. And what will CIGRU do with the money? Figure out ways to keep more of the Marcellus/Utica gas coming out of West Virginia’s rocks in the state–used by residents and businesses who reside in WV. They want to grow the “downstream” sector of end users of natural gas and other byproducts from shale drilling…
    Read More “WVU Gets $1.3M Grant to Research Ways to Use More NatGas In-State”

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    WV Gov Justice Says China Investment Specifics are “Confidential”

    We are STILL shaking our head in disbelief at the news from early November that China has signed a “memorandum of understanding” (MOU) to invest $83.7 billion (with a “b”) in a single U.S. state–West Virginia (see China Agrees to Invest Amazing $83.7 BILLION in WV Shale, Petchem). Since the signing ceremony in China, part of President Trump’s Asian trade mission, we have not had many specifics about where, when and how that money will get spent in the Mountain State. We have read rumors that a pair of natural gas-fired electric plants may be among the first projects, and that some of those billions may help fund a natural gas liquids (ethane) storage hub, and maybe even a cracker plant (see More on that Massive $83.7B Chinese Investment in WV Shale/Petchem). But since that time, very few details have been shared. During a press conference yesterday WV Gov. Jim Justice talked about the deal. Perhaps responding to those who still disbelieve, Justice said the Chinese are “deathly serious” about the deal and investing in WV. He even said they may invest more than the promised $83.7 billion! Justice also said he can’t reveal details about where/when/how the money will get invested because of a “confidentiality agreement,” which we find rather odd. We understand not tipping your hand too early with specifics, but this situation of a virtual information blackout about where a single penny of the money will get spent smacks of China’s well-earned reputation for secrecy. It’s unfortunate we don’t know more about the deal and what will get funded. It leads some to maintain a healthy skepticism that the promised funds will indeed get invested in WV…
    Read More “WV Gov Justice Says China Investment Specifics are “Confidential””

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    Cool Charts: Top 20 Marcellus Drillers, Top 20 Utica Drillers, More

    Important Correction: Although the data, charts and graphs shared by MDN below did not originate with MDN, we should have noticed a glaring error. Production numbers for Antero Resources for the Marcellus were not included! (Antero numbers in the Utica were included.) Antero’s drilling and production is prolific in the Marcellus–easily putting Antero in the top 3 or 4 for production in the Marcellus. We regret the error in not noticing and calling attention to this whopping oversight sooner. – Jim Willis, 12/14/17

    Hart Energy publishes an excellent magazine called Exploration & Production (E&P). A recent article published on the E&P website reports on rising production of natural gas in both the Marcellus and Utica Shale plays. As MDN has continued to report month after month with the release of each monthly EIA Drilling Productivity Report, our region consistently hits new production records (see EIA Nov ’17 Drilling Report: Record-Breaking Year-End on the Way). The E&P article recounts some of those EIA record-breaking stats, and then inserts a series of charts that we found extremely interesting and useful–because they convey so much information in a visual, fast way. Below are those charts. When you look at the Top 20 Marcellus Operators by production, you will immediately notice that the three largest producers (Chesapeake, Cabot Oil & Gas, and Southwestern Energy) take up nearly half the pie–and those three have wells almost exclusively in the northeastern part of Pennsylvania (Chessy and Southwestern have some wells in other parts of the state). What’s even more mind blowing: Cabot’s massive production at #2 in the Marcellus (just barely behind Chesapeake) all comes from a single, northeastern county: Susquehanna County, PA. Enjoy this visual feast…
    Read More “Cool Charts: Top 20 Marcellus Drillers, Top 20 Utica Drillers, More”

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    Fire at EQT Well Pad in Marshall County, WV

    Yesterday, gas processing equipment at a Trans Energy well pad (now owned by EQT) in Marshall County, WV caught fire. The important things to know: (1) The fire was quickly extinguished, (2) nobody was injured, (3) this was not a well fire and was not related to drilling or fracking. There is a single operating Marcellus well at that location–drilled back in 2011. The well has been producing natural gas and other hydrocarbons since that time. As is common, some of the hydrocarbons (like condensate) are separated right at the well location, by equipment located near the pad. The fire began in that processing equipment. No residents were evacuated and the fire was out within a few hours. However, workers at the nearby Williams Fort Beeler natural gas processing plant were evacuated for a brief time, out of “an abundance of caution”…
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    U.S. Supreme Court Rejects Appeal of WV EQT Royalty Case

    The United States Supreme Court has refused to hear an appeal of an important West Virginia case, which means the current ruling stands that allows EQT and other drillers to deduct “reasonable” post-production expenses from landowner royalty checks. It is a victory for drillers and a blow to some landowners. How did we get here? A brief history: Last December MDN reported on the huge WV Supreme Court decision against EQT that disallows EQT from deducting post-production expenses from royalty checks, even with signed contracts in place (see WV Supreme Court Rules EQT Can’t Deduct P-P Costs from Royalties). In February this year, with a brand new justice on the bench, the WV Supreme Court agreed to rehear the case after an appeal filed by EQT–a rare and unusual step (see EQT Catches Big Break in WV Supreme Court re Royalty Deductions). In May the WV Supreme Court ruled on the reheard case, overturning its previous decision from last December. The court ruled to allow EQT to deduct “reasonable” post-production expenses (see WV Supreme Court Reverses Itself, Post-Production Deductions OK). Those who won the original case (and lost the reheard case) say newly elected Supreme Court Justice Elizabeth Walker had conflicts of interest and should not have been allowed to vote to rehear the case in the first place (which she did). On that basis, they tried to avoid the rehearing altogether, but that failed. Newly elected Justice Walker, with (according to the losing side) conflicts of interest, voted in favor of EQT. On the basis that Walker should not have been part of the process at all, the case was appealed to the U.S. Supreme Court in September (see Lawyers ask US Supreme Court to Hear WV EQT Royalty Case). On Monday, with no explanation, the Supremes denied the request for an appeal…
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    Survey Indicates O&G Investing in WV More Attractive than PA or OH

    Each year (for the 11th year running) the Canadian-based Fraser Institute surveys petroleum industry executives and managers (333 of them for 2017) asking them their opinions on the barriers to investing in exploration and production in various geographies across the globe. That is, what makes them more likely or less likely to spend money drilling in a particular location? The Global Petroleum Survey (full copy below), tallies the survey responses and ranks each geography from most desirable place to invest, to least desirable. The rankings for this year are interesting and illustrative that politicians’ words and regulatory environment have a direct bearing on where, and how much, drilling companies are willing to spend. No money spent, no drilling. The barriers to spending in a given geography include: high tax rates, costly regulatory schemes, uncertainty over environmental regulations and the interpretation and administration of regulations governing the petroleum industry, and security threats. Only one state in the Marcellus/Utica ranked in the Top 10 “most attractive” jurisdictions for oil and gas investment–West Virginia…
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    FERC Approves WB Xpress Pipeline Across WV, VA

    The Federal Energy Regulatory Commission (FERC) on Friday granted final approval for Columbia’s WB Xpress pipeline project. In Jan. 2016, Columbia Pipeline Group (now owned by TransCanada) filed a full, official application with FERC for the $850 million WB XPress Project (see Columbia Pipeline Files to Build $850M WB XPress Project in WV/VA). WB XPress consists of two new compressor stations, 26 miles of pipeline replacement located along existing corridors (11.6 miles of it in Monongahela National Forest), and 2.9 miles of new pipeline in Virginia and West Virginia. The WB XPress Project will expand capacity of the Columbia Gas Transmission pipeline system in the region by 1.3 billion cubic feet per day (Bcf/d), linking Marcellus gas supplies to new markets. FERC issued a favorable environmental assessment for the project in March of this year (see FERC Gives Columbia WB XPress Enviro Thumbs Up). In September, the U.S. Forest Service gave their blessing (see WB XPress Pipeline Gets Important USDA Approval for Natl Forest). And now the fat lady has sung: FERC has issued a final approval for the project, meaning the next step is for construction to begin…
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    FERC Allows Rover to Use HDD in 4 More Locations, Incl Ohio River

    The Federal Energy Regulatory Commission last Thursday granted Rover Pipeline permission to resume horizontal directional drilling (HDD) at four more locations where it had been stopped. One of those locations is drilling under the Ohio River in the Majorsville area. Rover is a $3.7 billion, 711-mile natural gas pipeline that (will eventually) run from PA, WV and eastern OH through OH into Michigan and on to Canada. A large portion of the pipeline began flowing natural gas on Sept. 1st (see Big Portion of Rover Pipeline Now Up & Running – Thru Most of Ohio). Since then, Phase 1A of the pipeline has steadily increased its throughput and now flows over 1.2 billion cubic feet per day (Bcf/d) of Utica/Marcellus Shale gas to Defiance, OH (see Rover Pipe Nearly Doubles Flow with Addition of Carroll, OH Compressor). However, it could flow more, if the Federal Energy Regulatory Commission (FERC) would allow Rover to finish Phase 1B pipeline work in OH/WV to feed more gas to the main part of the pipeline. The problem is that Rover had early missteps, the most serious of which spilled 2 million gallons of non-toxic drilling mud in a swamp (i.e. “wetland”) near the Tuscarawas River back in April (see Rover Pipeline Accident Spills ~2M Gal. Drilling Mud in OH Swamp). Following that and several other mishaps, FERC shut down all Rover HDD work–for months. Gradually FERC has allowed Rover to resume HDD work, and with this latest round of four more HDD locations, it appears to us that only two HDD locations remain on the “do not drill yet” list, one of them being the Tuscarawas River location…
    Read More “FERC Allows Rover to Use HDD in 4 More Locations, Incl Ohio River”

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    WV DEP Secretary Issues Letter Explaining MV Pipeline Decision

    In March, the West Virginia Dept. of Environmental Protection (WVDEP) issued a federal water crossing permit for the Mountain Valley Pipeline (MVP)–a $3.5 billion, 301-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA (see WV DEP Grants Mountain Valley Pipeline Water Crossing Permit). In June, a group of profoundly radical “environmental” organizations filed a lawsuit in the U.S. Court of Appeals for the Fourth Circuit against the WVDEP for doing their job issuing the permit (see Radicals File Lawsuit Against WV DEP for Approving MV Pipeline). Because of the pressure of that lawsuit, WVDEP caved and reversed their decision in September, rescinding (called “vacating”) the permit for MVP (see Trouble for Mountain Valley Pipe: WV DEP Withdraws Water Permit). The WVDEP said they would “re-evaluate the complete application to determine whether the state’s certification is in compliance with Section 401 of the federal Clean Water Act.” The 4th U.S. Circuit Court of Appeals upheld WVDEP’s decision and granted the agency’s motion to invalidate the previous certificate they granted the project (see Court Backs WVDEP Move to Cancel Permits for Mountain Valley Pipe). Then earlier this month, in yet another 180 degree about face, WVDEP announced it has “lifted the suspension” of the MVP stormwater permit–and that the agency has decided to waive the permit, MVP has no need to get it before beginning construction (see WVDEP Reverses, Waives Water Permit for Mountain Valley Pipeline). Since that time WVDEP has faced withering criticism from antis, accusing the agency of abandoning their oversight of the project. On Monday, WVDEP Secretary Austin Caperton issued a letter to agency staffers (and to the public) to explain the agency hasn’t given up anything–that instead they have opted for a different type of oversight of the MVP project. We have to confess, it’s a very good letter and explains a lot. Bottom line: WVDEP is still very much large and in charge when it comes to overseeing impacts from the project on WV’s streams and rivers…
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    How Soon Will WV See Chinese Money? “Immediately” Says Official

    Last week’s big news that China committed to invest $83.7 billion in shale and petrochemical projects in West Virginia continues to reverberate (see China Agrees to Invest Amazing $83.7 BILLION in WV Shale, Petchem). Almost as soon as the deal was announced, so-called experts came out of the swamp to say, “Won’t ever happen, ain’t a big deal, move along, nothing to see here.” Such was how Bloomberg reported it (see Why $84 Billion From China Can’t Buy a U.S. East Gas Hub), and how the sometimes-swamp dwelling Wall Street Journal reported it (see A U.S. Natural-Gas Bonanza in China Isn’t a Done Deal). Such is the irrational hatred of Donald Trump and anyone who supports him, like WV Gov. Jim Justice. This is a time for celebration. The Chinese are sending money HERE, instead of the other way around, as it has been under Lord Obama and presidents going back for decades. Yet the swamp dwellers attempt to throw excrement on the good news. Let them. They expose themselves for the shallow, leftist shills they are. Here’s an important question on everyone’s mind: When will Chinese money begin to flow for some of these projects? The answer, according to WV Commerce Secretary Woody Thrasher, is “immediately”–meaning within the next six months when ground will be broken on one, possibly two, natural gas-fired electric plants in the state. Below are insights into when the state will see the money, how the money will get distributed, and how this deal actually came together in the first place…
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