West Virginia

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    Marcellus/Utica Region Could Support 4 More Crackers, but Will It?

    In March of this year, the Team Pennsylvania Foundation released a report called “Prospects to Enhance Pennsylvania’s Opportunities in Petrochemical Manufacturing” (see PA Study Finds Marcellus/Utica Can Support 4 More Ethane Crackers). The report is derived from a comprehensive study conducted by powerhouse oil & gas consulting firm IHS Markit. According to the report, Pennsylvania can easily handle another two ethane cracker plants (aside from the already under construction Shell cracker), and Ohio and West Virginia can handle another two cracker plants between them, for a total regional capacity of another four ethane cracker plants. But realistically, will another four actually get built in our region? That was the topic addressed during the Northeast U.S. Petrochemical Construction conference held earlier this week in Pittsburgh. PA officials talked openly and honestly about the challenges in attracting more crackers–and about their mission, which is “the development of sites” to attract more crackers. It was an interesting, and candid, discussion with helpful information about what crackers look for in a potential site…
    Read More “Marcellus/Utica Region Could Support 4 More Crackers, but Will It?”

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    Babst Calland Report: Resurgence of M-U Industry & Challenges Ahead

    The legal beagles of top energy law firm Babst Calland recently released their seventh annual energy industry report called, “The 2017 Babst Calland Report – Upstream, Midstream and Downstream: Resurgence of the Appalachian Shale Industry; Legal and Regulatory Perspective for Producers and Midstream Operators.” This latest annual review chronicles the comeback of the Marcellus/Utica and what challenges lie ahead. In an MDN exclusive, we have the first seven pages of the 74-page report (see below), along with details on how you can request a full copy. Worth the read! Here’s an overview…
    Read More “Babst Calland Report: Resurgence of M-U Industry & Challenges Ahead”

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    New Infrastructure Group Makes Gives Shale Industry Helping Hand

    The TriState Infrastructure Council (TSIC) was founded in Pittsburgh in late 2016 to “serve a broad-based business community during the critical next few years by attracting and deploying investments in infrastructure projects in Ohio, Pennsylvania and West Virginia.” With infrastructure upgrades, the region will be able to realize economic growth resulting from petrochemical manufacturing and related industries in the Appalachian basin. One of the driving forces behind TSIC is a name you are likely familiar with: Kathryn Klaber. Katie Klaber founded and until a few years ago led the Marcellus Shale Coalition. She opted to focus on her consulting practice following the MSC and is now managing the TSIC. The TSIC organization was founded with a group of A-list companies located in the region. At this week’s Northeast U.S. Petrochemical Construction conference in Pittsburgh, Katie unveiled an exciting new project to map infrastructure in an 82-county region throughout the Ohio River Valley. The aim is to identify missing/key/critical infrastructure components and then work to set up public-private partnerships to get those components built. The TSIC is looking at “electric transmission and distribution, pipelines, natural gas and natural gas liquid storage capacity, reliable locks and dams, rail networks, roads and bridges, water and sewer, building sites, barge loading/unloading facilities, broadband, fiber optics, and air service, among others.” And yes, the Marcellus/Utica shale is the linchpin that holds it all together–makes it all possible–and the raison d’être for the TSIC. Here’s more on the new infrastructure database, the TSIC, and how they are giving the shale industry a big assist…
    Read More “New Infrastructure Group Makes Gives Shale Industry Helping Hand”

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    WV Leads 11-State Group Supporting EPA’s Move to Delay Obama Rule

    Kudos to West Virginia and its Attorney General, Patrick Morrisey, for leading the charge (along with 10 other states) to stop the Environmental Protection Agency’s implementation of the Obama methane rule. Earlier this month the Trump EPA filed paperwork to stop implementation of the egregious and illegal rule (see Beginning of the End: EPA Issues 90-Day Stay for Methane Rule). The federal government cannot regulate oil and gas, that’s left up to the states under the Constitution. However, the Obamadroids found a way around that legal limitation by using lawsuits and naked power grabs. The Trump EPA is reversing it. Of course Big Green groups with deep pockets immediately sued to keep the rule going (see Liberal DC Court Asks EPA to Respond to Lawsuit by Radical Enviros). The EPA is defending its right to undo a rule it did, and Morrisey and the other AGs filed a motion to intervene in the case, to help out the Trump EPA…
    Read More “WV Leads 11-State Group Supporting EPA’s Move to Delay Obama Rule”

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    Italian Co. Breaks Ground on $5.5M Natgas Valve Manuf Plant in WV

    Artist’s rendering of what Pietro Fiorentini will look like – click for larger version

    In January, MDN told you about Italian company Pietro Fiorentini and their plans to build a factory in Weirton, WV (see Italian Co. Building $9M Natgas Valve Manufacturing Plant in WV). Since 2013, the company has warehoused and sold pressure regulators and valves for the natural gas industry out of rented office space in Wheeling, WV. Pietro Fiorentini actually manufactures the equipment they sell and for the past 4 1/2 years has held an option to purchase land in the Weirton Three Springs Business Park. In January the company committed to building a factory on the Weirton site to manufacture the equipment they sell. Eventually the manufacturing plant will employ 150 people. A week and a half ago, Pietro Fiorentini broke ground at the site, on a new $5.5 million, 100,000 square foot building. They expect the plant to be up and running next spring…
    Read More “Italian Co. Breaks Ground on $5.5M Natgas Valve Manuf Plant in WV”

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    US Methanol Figures Out How to “Ride the Marcellus Wave”

    Earlier this week the Appalachian Storage Hub Conference was held in Canonsburg, PA, near Pittsburgh, to discuss a joint effort in building a massive new ethane storage hub somewhere in our region, likely in West Virginia (see M-U’s Next Mega Project: $10B Appalachian Storage Hub). Such an effort will take the combined effort of West Virginia, Pennsylvania and Ohio, with a price tag of $10 billion. However, it’s a crucial part of the puzzle if Appalachia wants to be the next Gulf Coast for the petrochemical industry. Interestingly, one of the speakers was Richard Wofli, CEO of US Methanol. Last August MDN was the first to share the news that US Methanol is building at least two, rumored up to five, methanol plants in the Mountain State (see Rumor: US Methanol Building 5 Methanol Plants in WV). MDN shared a rumor (based on a source) that until we disclosed it, was not public knowledge: The first methanol plant they will build will be in Institute, WV, and the second in Belle, WV–both in the Charleston region. We later confirmed the rumor via several news accounts (see US Methanol Confirms MDN Rumor – 2 (or More) Plants Coming to WV). Kallanish ace reporter Rick Stouffer spoke to Wofli at the conference and got some new (to us) background on how and why Wofli and his business partner decided to buy mothballed methanol plants in other countries and move them to WV. The reason? It was the best way they could figure to ride the Marcellus wave…
    Read More “US Methanol Figures Out How to “Ride the Marcellus Wave””

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    Showdown: Comparing PA Impact Fee to WV Severance Tax

    Yesterday the Pennsylvania Public Utility Commission (PUC), the agency charged with keeping tabs on impact fee revenue from shale drillers (PA’s version of a severance tax), released the final numbers for impact fee revenues and disbursements in 2016 (see PA PUC Impact Fee Report: Revenue Down Again in 2016). Revenues were from the impact fee were down for the third straight year. And since politicians in Harrisburg are in the midst of budget negotiations and attempting to close a perennial gap in the budget, we have no doubt the hew and cry will go out, yet again, to enact a severance tax on shale gas and oil–either in addition to or on top of the impact fee. We’ve written about PA Gov. Wolf’s (and his fellow Democrats’) manifestly dumb idea of implementing a severance tax (see our numerous stories on the topic here). The new argument that will be used in Harrisburg is this: If we only had a severance tax, we wouldn’t experience as much of a decrease in revenue as we have with an impact fee. This post aims to debunk that claim. In fact, an impact is far superior to a severance tax (the tax “everyone has but us here in PA”). Why so? Because, as the numbers below show, PA’s decrease in revenue from an impact fee has been far less than the drop in severance taxes in other states, like West Virginia…
    Read More “Showdown: Comparing PA Impact Fee to WV Severance Tax”

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    XcL Midstream Building New Dry & Wet Gas Gathering Pipes in WV

    It doesn’t happen often, but every now and again we read about driller or (in this case) pipeline company operating in the Marcellus/Utica we had never heard of before. Such is the case today. A new (to us) midstream company, XcL Midstream, has formed and is already building a dry gas gathering pipeline system in West Virginia, with plans to build a wet gas gathering system in WV too. According to its website, XcL “operates in the premier region of the Appalachia basin in Marshall and Wetzel Counties, West Virginia. XcL Midstream’s Appalachia Connector Pipeline is strategically located at the intersection of every major long-haul interstate pipeline system in Southwest Appalachia and provides shippers with market price optionality.” XcL plans to gather and process dry gas, wet gas (i.e. natural gas liquids), and transport water for its customers. XcL has its headquarters in Canonsburg, PA, near Pittsburgh. The reason that the company popped up on our radar is because Platts ran an article announcing that XcL has signed a customer–THQ Appalachia I, an affiliate of Tug Hill–to use 600 million cubic feet per day (Mmcf/d) on the dry gas pipeline, 200 Mmcf/d on the wet gas pipeline system, and to use a forthcoming water pipeline to boot. Here’s the thing: both XcL and THQ/Tug Hill are backed by private equity company Quantum Energy Partners. So apparently this is one of Quantum’s portfolio companies doing business with another of Quantum’s portfolio companies. In essence, one cousin helping out the other cousin. Perhaps we can call them kissin’ cousins?…
    Read More “XcL Midstream Building New Dry & Wet Gas Gathering Pipes in WV”

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    WV Sens. Capito & Manchin Introduce 2 More Ethane Storage Hub Bills

    Senator Shelly Moore Capito

    In May, both West Virginia U.S. Senators, Shelley Moore Capito (Republican) and Joe Manchin (Democrat), along with Ohio Sen. Rob Portman, introduced and co-sponsored a bill to study if and how an ethane storage hub can be constructed in the Marcellus/Utica region (see WV/OH Senators Intro Bill to Study Appalachian Ethane Storage Hub). Apparently the issue is more important that just a single bill. Yesterday Sens. Capito and Manchin introduced/sponsored another new bill. Called the “Capitalizing American Storage Potential (CASP) Act,” this new bill would make a regional ethane storage hub (the one envisioned for West Virginia) eligible for the Department of Energy’s Title XVII loan guarantee program. According to the Dept. of Energy website, Title XVII “provides broad authority for the Department to guarantee loans that support early commercial use of advanced technologies, if there is reasonable prospect of repayment by the borrower.” In other words, if the federal government guarantees a loan, lenders are more likely to make said loans at more favorable interest rates. Such a loan is “another tool that the Department will use to promote commercial use of innovative technologies” and is targeted for commercial operations only–not for use in energy research. If the bill passes, it will make building the ethane storage hub that much more attractive. In addition to the Title XVII bill, Sen. Capito also introduced a bill to hack through the red tape and streamline an approval process for the storage hub…
    Read More “WV Sens. Capito & Manchin Introduce 2 More Ethane Storage Hub Bills”

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    Radicals File Lawsuit Against WV DEP for Approving MV Pipeline

    A group of profoundly radical “environmental” organizations filed a lawsuit in the U.S. Court of Appeals for the Fourth Circuit last Friday against the West Virginia Dept. of Environmental Protection–for doing their job. Sierra Club, West Virginia Rivers Coalition, Indian Creek Watershed Association, Appalachian Voices and Chesapeake Climate Action Network has sued the DEP because the department had the audacity to conduct a very thorough review, and then issue a stream and water-crossing permit (demanded under federal law) for the Mountain Valley Pipeline (MVP). MVP is a $3.5 billion, 301-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA. The project, which filed an official application with the Federal Energy Regulatory Commission in October 2015, is being built by EQT, NextEra Energy and several other partners. This is now SOP–standard operating procedure–for Big Green groups with deep pockets. Sue and keep suing in an attempt to slow and eventually kill off any project that remotely involves fossil fuels. Yes, they are RADICAL, they are EXTREME, waaaaaay outside the mainstream of American society. And they MUST BE STOPPED. When will someone launch weekly lawsuits against these Big Green organizations? Here’s the latest maddening development…
    Read More “Radicals File Lawsuit Against WV DEP for Approving MV Pipeline”

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    Public Hearing Held for Harrison County, WV NatGas Electric Plant

    Tuesday night in Clarksburg, WV, the state Public Service Commission heard public comments about a non-utility utility–the Energy Solutions Consortium Harrison County Power plant project. The project is a Marcellus-gas fired electric generating plant that will produce 580 megawatts of electricity to sell to the PJM power grid serving 13 states. Hence our label of a “non-utility utility” project. Technically, the project is not a utility because it’s not regulated with strict price controls, like “traditional” utilities. However, it will sell electricity to regulated utilities. ESC was founded by father and son team Andrew and Matthew Dorn, based in Buffalo, NY. The Dorns are behind a series of WV natgas-fired electric plants, the first of which will get built in Marshall County (see Progress for 3 WV NatGas Electric Plants; 1 Breaks Ground in 2016). At the PSC hearing in Clarksburg, the usual Sierra Club nutters came out to complain. But there were also pro-fossil fuelers there as well, to promote this $880 million clean-burning power plant that will create over 700 jobs while it’s being built… Read More “Public Hearing Held for Harrison County, WV NatGas Electric Plant”

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    WV Drillers & Landowners Want New Law re Post-Production Issue

    Earlier this week MDN reported on the recent West Virginia Supreme Court decision to reverse it’s earlier decision and allow EQT (and by extension, other drillers) to deduct some post-production expenses from royalties paid to landowners (see WV Supreme Court Reverses Itself, Post-Production Deductions OK). The Leggett v. EQT case turned on the meaning of three short words: “at the wellhead” (see WV Supreme Court Post-Production Royalty Case Hinges on 3 Words). This latest final final decision must be the…well…final decision, right? Not so fast. There is another Supreme Court case from 2006, Tawney v. Columbia Natural Resources, which also dealt with post-production expenses and found drillers do not have the right to deduct them from royalties. But there are differences. “Leggett deals with the statute on royalties, while Tawney is about lease contracts.” It’s a pretty safe bet that a new case will be filed challenging Tawney in light of the Leggett decision. All of this back and forth in the courts is unsettling for both drillers and landowners. Both sides are in agreement about one thing: They both want the WV legislature to pass a new law clarifying the issue of post-production deductions…
    Read More “WV Drillers & Landowners Want New Law re Post-Production Issue”

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    Alpha Natural Resources Sells 120 Gas Wells in WV

    On Tuesday Alpha Natural Resources (ANR) announced it was divesting “substantially all of the assets” in two different operations in West Virginia, one of those being a natural gas operation with “120 producing natural gas wells in five counties.” Which got us digging. We recalled that ANR went bankrupt last year and ended up selling 27,400 acres of Marcellus/Utica Shale leases to Vantage Energy for $339.5 million (see Vantage Outbids Rice For Bankrupt Alpha Natural’s 27K Marcellus Acres). That was all of ANR’s Marcellus assets. So what’s with this new deal to sell 120 gas wells in the Mountain State? And which five counties are the wells located in? The announcement didn’t say. So we reached out to ANR and got you some answers…
    Read More “Alpha Natural Resources Sells 120 Gas Wells in WV”

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    WV Supreme Court: Non-Participating Rights Owner Can’t Stop Lease

    Just yesterday we told you about an important court case that had gone to the West Virginia Supreme Court of Appeals (see WV Rights/Pooling Case May have Big Impact on Shale Industry). In brief, the case was appealed from a lower court where a judge found that a “non-participating” mineral rights owner, someone who owned a quarter of the rights for a property in Marshall County, had the power to object and stop a lease of the property for oil and gas drilling. We thought it strange that the lower court judge would make such a decision, which threatens to up-end thousands of leases in WV that are similar. Little did we know that as we were publishing that story, the WV Supreme Court was rendering its decision. All five justices voted to overturn the lower court ruling and preserve sanity for leases in the Mountain State… Read More “WV Supreme Court: Non-Participating Rights Owner Can’t Stop Lease”

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    WV Rights/Pooling Case May have Big Impact on Shale Industry

    A court case from Marshall County, WV decided in April 2016 is heading to the WV Supreme Court of Appeals (the state’s highest court). The stakes in Contraguerro v Gastar Exploration could not be higher for the Marcellus industry in the Mountain State. In brief, 70 years ago a 106-acre track of property was sold. The sellers retained a one-quarter “non-participating interest” in the oil and gas rights. That means the buyer got to decide when/if to lease the property for drilling, and if so, has the right to negotiate the price, etc. The remaining one-quarter non-participating interest holders would get royalties, but nothing else. Fast forward several generations and the heirs of the original sellers didn’t even know they owned an interest in the land until contacted by Gastar, which needed a signature in order to send them checks for royalties. The heirs decided to sue to stop the deal, either in a bid to negotiate a better deal or perhaps because they don’t like fossil fuels. Who knows? The case went to the Circuit Court of Marshall County and a judge there found in favor of the heirs–giving them, and by extension any minority rights owner, the power to stop lease deals. An unmitigated mess that threatens many lease deals because divided rights ownership is common in WV. Perhaps this case was part of the motivation to pass a new law this year addressing “co-tenancy” (see Analysis of New WV Bill SB 576 re Co-Tenancy & Joint Development). The co-tenancy law, if passed, means if there are multiple owners for the mineral rights under a property, you would only need a simple majority of those owners to approve a drilling lease. Currently, if one person with a teeny tiny share objects, it stops the process. In the Contraguerro case, although the heirs are owners, they are “non-participating”–so they should not have had a say anyway. However, a lower court judge found otherwise. So the case was appealed and is now before to the WV Supreme Court… Read More “WV Rights/Pooling Case May have Big Impact on Shale Industry”

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    WV Supreme Court Justice: EQT Royalty Ruling “Legal Sophistry”

    Last December the West Virginia Supreme Court ruled in a case to disallow Marcellus driller 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). The justices, in their ruling, said that drillers can “not deduct from that (royalty) amount any expenses that have been incurred in gathering, transporting or treating the oil or gas after it has been initially extracted, any sums attributable to a loss or beneficial use of volume beyond that initially measured or any other costs that may be characterized as post-production.” Last week, just five months later, four of five justices (including a newly elected judge) reversed their December decision (see WV Supreme Court Reverses Itself, Post-Production Deductions OK). The lone judge voting against the decision was Robin Jean Davis. Yesterday she released her dissenting opinion. In very strong language, Judge Davis said the court’s other four members “used legal sophistry” to prop up their decision, and that “the majority opinion is simply wrong.” Here’s what else Judge Davis had to say… Read More “WV Supreme Court Justice: EQT Royalty Ruling “Legal Sophistry””