West Virginia

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    WV Sen. Charles Trump Introduces New Co-Tenancy, Joint Dev Bill

    As MDN previously reported, perhaps the biggest energy-related issue for this year’s session of the West Virginia 60-day legislative session will not be a bill on forced pooling. Instead, the West Virginia Oil and Natural Gas Association (WVONGA) is pushing a legislation on co-tenancy and joint development (see WV Won’t Push Forced Pooling, Will Push Joint Dev. & Co-Tenancy). Senate Bill (SB) 244 was introduced in February to cover both co-tenancy and joint development (see WV Senate Bill 244 Introduced for Co-Tenancy & Joint Development). For an explanation of what co-tenancy and joint development means, read this post. WVONGA is supporting SB 244, but rights owners, including the West Virginia Royalty Owner’s Association (WVROA) is not. In an effort to get the two sides together and hammer out something that both could support, WV State Senator Charles Trump convened a meeting with both sides. He then drafted up new legislation to replace SB 244 (which was going nowhere fast). Last Friday, Trump introduced SB 576 (full copy below). Did Trump succeed in crafting something both sides can support?…
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    Biddel Gas Compression Selects WV Northern Panhandle for US HQ

    Last Friday Bidell Gas Compression, a subsidiary of Canadian company Total Energy Services, announced it will establish its U.S. headquarters in Weirton (Hancock County), WV–in the northern panhandle of WV. According to their website, Biddel “is a leading supplier of reciprocating and rotary screw natural gas compressors from 20 to 8,000 brake horsepower.” That is, they manufacture and sell pipeline compressors. The site they chose includes a 100,000 square-foot building, part of the old ArcelorMittal machine shop operation. The investment will create 130 new jobs and spur new growth in other area businesses…
    Read More “Biddel Gas Compression Selects WV Northern Panhandle for US HQ”

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    WV Bill Would Exempt O&G Industry from Storage Tank Law

    Three years ago in the closing hours of the 2014 legislative session, WV legislature passed SB373, the “storage tank” bill (see Fate of 3 WV Laws that Impact Marcellus/Utica Drilling). That bill was in response to a chemical leak that affected the drinking water for 300,000 WV residents. Even though the leak was not related to oil and gas drilling (it was related to coal mining), the new rules governing above ground storage tanks for chemicals affect a number of industries, including the Marcellus Shale drilling industry (see Impact of WV’s New Chemical Tank Law on Marcellus Drillers). There was a lot of confusion about the law which requires just about all aboveground tanks (except your toilet) to be registered. WV ended up creating a new website to handle the confusion around the law (see WV DEP Launches New Website to Assist with Storage Tank Law). The writing was on the wall. It was obvious the law, as written, was totally unrealistic and unworkable. During the closing hours of the 2015 legislative session, WV legislators passed a partial repeal of the 2014 law, to fix it so it’s more workable (see WV Fixes Above Ground Tank Law, Now Less Onerous for O&G Industry). The industry still isn’t happy and is lobbying for a total exemption from the law. House Bill (HB) 2811, introduced last week, would do just that…
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    WV Residents Sound Off on Mountain Valley Pipeline

    The Mountain Valley Pipeline (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. The project has faced stiff opposition from landowners in West Virginia (see Mountain Valley Pipeline Sues 103 WV Landowners for Survey Access). Last week the West Virginia Dept. of Environmental Protection held three public hearings on the project. As usual, the root of opposition against the pipeline is based on an irrational hatred of fossil fuels. One of the speakers at the Clarksburg hearing, a retired liberal Democrat school teacher, believes man-made global warming is a disaster in the making and this pipeline will contribute to the problem. There’s just no reasoning with people like that…
    Read More “WV Residents Sound Off on Mountain Valley Pipeline”

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    Baker Hughes Feb Rig Counts Rockets Skyward, Recovery Continues

    The Baker Hughes rig count in the U.S. continued to be on fire in February. Whoops! Poor choice of words. The rig count continued its rocket ride. In January the average number of U.S. rigs was 683. In February, the count zoomed to 744, up 61 rigs in just a month. Each active rig translates into hundreds of jobs, both directly working at the rig and indirectly in services delivered to the rig and its workers. It also means more landowners will soon have royalty payments heading in their direction. When rigs are active, life is good. What about rig counts in the Marcellus/Utica? Total rig count went up another 3 rigs. Two of the rigs were added in WV (now 10), and one in PA (now 34). OH’s rig count remained the same (20 rigs) in February as January. Just 3 added rigs out of 61 means other shale plays (primarily the Permian and other oil plays) are where most of the rig action is happening. Here’s the full set of numbers, along with a pretty MDN chart showing the last 12 months of rig counts in the Marcellus/Utica…
    Read More “Baker Hughes Feb Rig Counts Rockets Skyward, Recovery Continues”

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    Statoil WV Tax Overpayment Court Case – Money “Already Gone”

    Statoil, based in Norway, is a big player in the West Virginia Marcellus Shale. Statoil paid property taxes to Brooke, Marshall, Ohio and Wetzel counties (all in WV) in 2015 and later found, during an audit/review, that they had overpaid those counties. They overpaid Brooke by $1.8 million, Ohio by $2.9 million, Wetzel by $1.6 million and Marshall by $342,000 (see Statoil Wants Millions in Refunds from Tax Overpayments in WV). The WV Tax Department argued that Statoil “acted negligently” and exercised “poor judgment” in not finding the mistake sooner. All four counties voted to deny Statoil’s request, so Statoil took them to court, asking the West Virginia Supreme Court of Appeals to hear the case. However, the Appeals court ruled that the cases are not “complex” and don’t require “special treatment,” so back to county court the cases went (see Statoil’s Tax Overpayment Cases Bounced Back to WV County Courts). A hearing was held last Friday in the case. There’s not much in the way of new news to report, other than Statoil wants the cases combined and the counties would prefer to keep the cases separate. The other bit of information is that the overpayments were spent about as quickly as they were received, and the counties are expressing angst over where they will find the money to issue a refund check, should the court case(s) go against them…
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    WV Hare Krishnas Settle with Rover Pipeline, Crossing Commune

    Here’s an interesting story. A religious commune of Hare Krishnas in Marshall County, WV steadfastly refused to sign an easement with Rover Pipeline to allow the pipeline across ~3,000 feet of commune-owned property. Rover had offered the Krishnas $7,000 for the easement, but no dice. You may recall that the Krishnas have no problem accepting oil and gas money, and have done so by leasing their land for shale drilling–even though the official view of the Krishnas is that “gas drilling is exploitative, that it is unsustainable and ‘contributes to the culture of death and toxicity’” (see WV Hare Krishnas “Purify” Gas Money to Benefit Commune). Apparently when there’s enough money involved, official Krishna doctrine changes. Back to Rover. On Tuesday, the Krishnas filed a lawsuit in federal court to block Rover from using eminent domain to enter the property to cut trees–a lawsuit based on religious grounds. A hearing was held on Thursday in federal court in Wheeling. The Krishnas loaded a bunch of followers into a fossil fuel-belching van to cart them to the court house to protest and make a scene. Lots of publicity. The judge granted a brief recess to allow the two sides to talk, and following the recess the Krishnas and Rover announced they had signed a deal. The official line is that Rover is changing the route of the pipeline to avoid certain holy places on Krishna property. The pipeline will now traverse MORE Krishna property–nearly twice as much more (5,300 feet). So much for objecting to the pipeline based on “religious” grounds, right? What is not mentioned, conspicuously so, is how much more money the Krishnas were able to get out of Rover, so Rover could make the bad publicity go away…
    Read More “WV Hare Krishnas Settle with Rover Pipeline, Crossing Commune”

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    WV Senate Bill 244 Introduced for Co-Tenancy & Joint Development

    The legislative session for West Virginia is in full swing–a session that lasts for 60 non-contiguous days at the beginning of each year. This year’s session opened on Jan. 11 and will conclude on Apr. 8th. As MDN previously reported, perhaps the biggest energy-related issue for this year’s session will NOT be (as it has in five previous sessions) a bill on forced pooling. Instead, the West Virginia Oil and Natural Gas Association (WVONGA) is pushing a legislation on co-tenancy and joint development (see WV Won’t Push Forced Pooling, Will Push Joint Dev. & Co-Tenancy). Senate Bill (SB) 244 has now been introduced to cover both co-tenancy and joint development. Co-tenancy is pretty easy to understand: if there are multiple owners for the mineral rights under a property–something that happens fairly regularly in WV–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. Joint development, on the other hand, had us stumped. But we got some insight into the issue from a couple of sharp MDN readers (see More on WV’s Push for “Joint Development” Instead of Forced Pooling). Currently there are a number of existing old leases, signed before shale drilling began, that prevents drillers from drilling a horizontal well across an individual property boundary line–until a new lease is signed. Joint development says if the driller already owns the leases on all adjoining properties they want to combine into a drilling unit, they can do so without signing a new lease. WVONGA says it corrects a loophole that prevents more drilling from happening. Rights owners say joint development legislation lets drillers have a freebie–instead of signing a new lease (for more money), the driller gets something never envisioned when the original lease was signed. Who’s right? We expect SB 244 to be hotly contested this year, like forced pooling has been in previous years…
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    WVU Program Converts Stranded Shale Gas into “Valuable Products”

    West Virginia University (WVU) has joined a national effort to “turn natural gas into valuable products and do it at the well.” There are many locations in the Marcellus (and Utica) where pipelines don’t yet connect. Wells drilled but not hooked up to production. WVU has joined the newest branch of the U.S. Department of Energy’s National Network of Manufacturing Institutes. Called Rapid Advancement in Process Intensification Deployment institute, or RAPID, the institute “will focus on using advanced manufacturing to develop breakthrough technologies to boost the productivity and efficiency of some of industrial processes by 20 percent in the next five years.” That is, they plan to design modular reactors–think of them as teeny tiny crackers–that can be carted around well site to well site, converting methane, ethane and other hydrocarbons into new chemical products. It’s a very exciting concept. WV in particular has a lot of hilly terrain that makes installing pipelines difficult. This is a potential solution to that problem…
    Read More “WVU Program Converts Stranded Shale Gas into “Valuable Products””

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    More on WV’s Push for “Joint Development” Instead of Forced Pooling

    On Friday MDN ran a story of keen interest to both mineral rights owners and drillers in West Virginia–about an effort pushing new legislation this year in lieu of forced pooling, something called “co-tenancy” and “joint development” (see WV Won’t Push Forced Pooling, Will Push Joint Dev. & Co-Tenancy). Co-tenancy is pretty easy to understand: if there are multiple owners for the mineral rights under a property (something that happens fairly regularly in WV), 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. But joint development was something of a mystery for us. We thought it meant if adjoining properties were signed with different drillers, they could more easily be combined for horizontal drilling. Although that may be the case, we were wrong about the the main intent of the new bill. A sharp MDN subscriber (someone from the industry) emailed to explain what’s really going on with this new bill. We also heard from a rights owner who would be affected. And from the West Virginia Oil & Natural Gas Association (WVONGA). We now have a better handle on joint development…
    Read More “More on WV’s Push for “Joint Development” Instead of Forced Pooling”

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    WVDEP Loosens Permits for Compressors re Noise & Bright Lights

    The colorful new Governor of West Virginia, Jim Justice, is wasting no time in showing his support and appreciation to the natural gas industry. During Justice’s State of the State address last week, he ordered his new head of the WV Dept. of Environmental Protection, Austin Caperton, to stop saying “no” to businesses that show up with requests (including the drilling industry). During a rambling address, Justice had this to say: “Now, I underline — underline, underline, underline — nobody loves the outdoors as much as me. Nobody loves water as much as me. We’re not going to break the law. We’re got going to do anything to damage the environment to the very best of our abilities. Or our waters. But we are not going to just say no.” And we have perhaps the first instance of that philosophy in action. The previous Gov. Earl Ray Tomblin Administration had enacted certain restrictions in WV permits for compressor stations–establishing noise and light restrictions to protect nearby residents. At the request of the West Virginia Oil and Natural Gas Association (WVONGA), Caperton removed those restrictions…
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    Good Sign: Large Number of Abstractors Return to Wheeling, WV

    If you’re in business, you’ve no doubt heard of “leading indicators” and “lagging indicators.” Example: When it comes to employment, a leading indicator would be an increase in work at temporary agencies (a rapid ramp-up in new employees), which means the economy is about to heat up and do better. A lagging indicator would be the official unemployment numbers–higher unemployment means an economy doing worse, lower unemployment means an economy doing better. When it comes to drilling activity, MDN has long used two metrics as leading indicators–that drilling activity is about to pick up. One is new permits issued. Drillers don’t spend big bucks to apply for permits they don’t intend to use–and use soon. However, there’s another, even earlier leading indicator, a predictor that more drilling is on the way in the next 6-12 months. That indicator is packed record halls at the local county clerk’s office. Before lease deals are signed, sealed and delivered, drillers must first ensure there is a clear title–that the person who says he/she owns the mineral rights for a given property, actually does. That’s where abstractors come in. Abstractors research deed records at the county clerk’s office. In the past we’ve noted there are some counties where there is a waiting line to get in to access records (see Tyler WV Courthouse Overrun with Abstractors – Drilling Signal?). When the price of natural gas crashed and drilling slowed, the large number of abstractors disappeared. Guess what? They baaaaack! At least in Wheeling, WV…
    Read More “Good Sign: Large Number of Abstractors Return to Wheeling, WV”

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    WV Won’t Push Forced Pooling, Will Push Joint Dev. & Co-Tenancy

    Forced pooling legislation in West Virginia has been put forward five times in the past seven years–and each time it has failed to win enough votes in the WV legislature. In its most recent incarnation (last year), forced pooling would allow drillers to form a “unit” for drilling (typically one square mile, or 640 acres) from a group of properties where at least 80% of the mineral rights owners have signed a lease (see WV Forced Pooling Bill HB 4426 Introduced – Debate Rages). 80% is a much higher standard than most other states. But there has been no appetite for forced pooling in WV, at least among rights owners. There have always been other provisions in the forced pooling law that drillers have desired–measures less controversial but important. So this year, the West Virginia Oil and Natural Gas Association says it’s NOT going to push yet another forced pooling bill–but instead will work on two other provisions previously found in the forced pooling bill: (1) joint development, and (2) co-tenancy. What are they? And, are they just forced pooling lite?…
    Read More “WV Won’t Push Forced Pooling, Will Push Joint Dev. & Co-Tenancy”

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    Antero Forms JV with MarkWest to Service Combined 360K WV Acres

    Marathon Petroleum subsidiary MarkWest Energy and Antero Resources’ midstream subsidiary Antero Midstream have announced a 50/50 joint venture focused on gathering and processing natural gas and natural gas liquids in northern West Virginia (Tyler, Wetzel and Richie counties). Antero Midstream will contribute its gathering operations for 195,000 acres in WV, boosting MarkWest’s total WV Marcellus gathering operation to a huge 360,000 acres. In addition, the JV will add three new processing plants to MarkWest’s Sherwood Complex in Doddridge County, WV. And get this: the JV contemplates building another eight (!) processing plants at Sherwood and a new/second location. Antero expects to invest “up to $800 million” through 2020, and has already made an initial $155 million investment. We think it’s no coincidence that on the same day Antero Midstream announced the deal (yesterday), they also announced a new round of units (i.e. shares of stock) they hope to pedal to raise $198 million. Here’s the details on the JV deal between Antero and MarkWest…
    Read More “Antero Forms JV with MarkWest to Service Combined 360K WV Acres”

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    EQT Snaps Up Another 14K ‘Core’ Acres in WV for $130M

    EQT, one of the biggest and best drillers in the Marcellus/Utica, issued their fourth quarter and full year 2016 update yesterday. As is typical when issuing the updates, EQT’s top brass held a conference call with analysts to discuss results and take questions. In reading through a transcript of the call, one of the most interesting passages (for us) was in the prepared comments by incoming EQT CEO (currently president) Steve Schlotterbeck. In a brief passage excerpted below, Steve provides a quick update on several items: the Mountain Valley Pipeline project, EQT’s Utica drilling program, and the fact that “this week” EQT has purchased an additional 14,000 “core” West Virginia acres in Marion and Monongalia counties for $130 million, which works out to be $9,286 per acre…
    Read More “EQT Snaps Up Another 14K ‘Core’ Acres in WV for $130M”

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    EQT Catches Big Break in WV Supreme Court re Royalty Deductions

    In December MDN reported on the huge West Virginia Supreme Court decision against driller 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). Specifically, 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.” We can’t stress just how big a deal this is. So the following news is equally as big: In a rare and unusual move, the same WV Supreme Court has agreed to rehear the case…
    Read More “EQT Catches Big Break in WV Supreme Court re Royalty Deductions”