West Virginia

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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…
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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…
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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…
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    Industry Survey Predicts: PA Drilling Up 29%, OH Up 19%, WV Up 22%

    World Oil calls itself “the premier trade publication for the international upstream industry.” Perhaps it is–who are we to say otherwise? The folks at World Oil have done us all a favor. They surveyed the upstream (i.e. drilling) oil and gas industry to find out what drillers are planning for 2017. Overall, they find drillers plan to drill 18,552 wells in North America this year–a big 26.8% jump from last year. In releasing a summary of the results, Wold Oil outlines region by region in the U.S. what they predict will happen this year, based on survey results. The northeast section caught our eye. World Oil predicts Pennsylvania will see a 29% increase in new well drilling this year (total of 774 new wells drilled). Ohio will see an increase of 19.1% in new well drilling (380 new wells). And West Virginia will see a big 21.9% increase (245 new wells). Here’s the full summary from World Oil…
    Read More “Industry Survey Predicts: PA Drilling Up 29%, OH Up 19%, WV Up 22%”

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    New WVDEP Secretary Fires Enviro Advocate, Communications Director

    It’s the end of an era in West Virginia. Due to term limits, Gov. Earl Ray Tomblin (Democrat) could not run for reelection this past November. Jim Justice (also a Democrat) won that election. Upon assuming office this month, Justice appointed a new head of the WV Dept. of Environmental Protection–Austin Caperton. It’s only natural for an incoming governor to pick his own team, even if the outgoing governor was from the same party. And, we suppose, it’s only natural that the new head of a department (Caperton) would want his own team too. In a move that appears to have generated some controversy, Caperton has given the boot to the leader of the DEP’s Office of Environmental Advocate, Wendy Radcliff, as well as the DEP’s communications director, Kelley Gillenwater. Radical anti groups like the West Virginia Highlands Conservancy, West Virginia Sierra Club and the Ohio Valley Environmental Coalition were up in arms over the firing of Radcliff. Which must mean it was a good move…
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    Italian Co. Building $9M Natgas Valve Manufacturing Plant in WV

    Italian company Pietro Fiorentini has been, since 2013, warehousing and selling 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 four years has held an option to purchase land in the Weirton, WV Three Springs Business Park. The company has just gotten off the pot and on Tuesday officials signed the paperwork to buy the land. Pietro Fiorentini will build a $9 million factory on Weirton site to manufacture the equipment they sell. Eventually the manufacturing plant will employ 150 people…
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    Marcellus Worker Killed in Tyler County, WV at Antero Well Pad

    We have sad news to report. A young man, just 19 years old, was killed when he was “struck by a truck, then pinned between the truck and a stationary object” at an Antero Resources well pad site in Tyler County, WV last Thursday. Hunter Osborn, of Lewis County, WV, worked for U.S. Well Services, the fracking company hired by Antero. The well pad is called the Hartley East Pad in Middlebourne. Mr. Osborn was pinned between a tractor trailer backing up to unload sand and a sand silo. Our thoughts and prayers go out to the family and friends of this young man. Below are the details we could find about the accident…
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    Law Prof Writes About Challenges of Surface v Mineral Rights in WV

    A West Virginia law professor and one of his students (who went on to become a trial attorney with the U.S. Dept. of Justice), have just published a research paper on the topic of surface and mineral rights in the Mountain State. The paper, titled “Horizontal Drilling Vertical Problems: Property Law Challenges from the Marcellus Shale Boom” (full copy below) discusses property law challenges that can impede business development and negatively impact landowners and mineral owners in shale regions, with a focus on the West Virginia Marcellus. The paper explains the horizontal drilling and hydraulic fracturing process. A widespread problem in WV is that (because of coal) in many cases the owners of the mineral rights under the ground are not the same people who own the property on the surface. The paper makes the point that while courts can handle one-off cases, the WV legislature should develop better “large-scale policies” to deal with an ongoing, contentious situation…
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    Marcellus/Utica Drillers Ask for Special Permit to Kill Some Bats

    In April 2015 the Obama administration’s U.S. Fish and Wildlife Service (USFWS) did a disservice to not only the drilling industry, but the wind industry, farmers and the construction industry. USFWS listed the northern long-eared bat as “threatened” under the Endangered Species Act (see US Fish & Wildlife Fixes Wrong Problem for Northern Long-Eared Bat). USFWS says a fungus is spreading through the bat population, killing it. The northern long-eared bat is found in pretty much the eastern two-thirds of the country, minus Florida. The Independent Petroleum Association of America (IPAA) pointed out that USFWS has admitted the the bat is threatened because of something called white nose syndrome–which has nothing to do with habitat destruction. Yet drillers and midstreamers are now hamstrung with new regulations to “save the bats” even though they are not the ones causing harm to the bats. There are other bat species also on the threatened and endangered list, including the Indiana bat, eastern small-footed bat, little brown bat and tri-colored bat. All five species are in decline because of white nose syndrome. Drillers and midstreamers can’t cut down trees from April 1st through October 31st of each year for fear of killing a bat that may be roosting in the tree. This is nuts! Cutting a few trees here and there will not further deplete the bat population–but the thugish USFWS won’t budge. So a coalition of Marcellus/Utica drillers and midstreamers have asked the USFWS to grant them a special permit to allow them to inadvertently kill the odd bat between April and October. USFWS is now conducting a full environmental impact statement, which won’t be ready until next year…
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    Study Claims Listening to Fracking Will Make Ya Sick – a Joke?

    Is it April Fool’s Day? Wait, no, it’s January 4th, not April 1st. But honestly, we thought it must be a joke to read that scientists doing “research” claim that living close to a fracking site will make you sick. Not from air pollution. Not from water pollution. But from noise pollution. Yep, loud noises nearby cause things like “stress” and “annoyance” and even diabetes (!) according to Physicians, Scientists and Engineers for Healthy Energy (PSEHE) and Michael McCawley, the interim chair of the Occupational and Environmental Health Department at West Virginia University. The study, titled “Public health implications of environmental noise associated with unconventional oil and gas development,” goes for the jugular–making a case for stricter regulations and larger setbacks (i.e. less drilling). Yet, the researchers don’t do any of their own in-the-field research! They rely on out-of-date research done by others. And they show no causal link between health impacts and shale drilling in the “study”…
    Read More “Study Claims Listening to Fracking Will Make Ya Sick – a Joke?”

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    FERC Gives Atlantic Coast Pipeline Thumbs Up, Antis Pitch a Fit

    On the last business day of 2016, the Federal Energy Regulatory Commission (FERC) issued a favorable final environmental impact statement (EIS) for the Williams Atlantic Sunrise Pipeline (see today’s companion story). Not to be confused with that project, also on the last business day of the year, FERC issued a favorable draft (not final, but draft) EIS for the $5 billion, 594-mile Dominion Atlantic Coast Pipeline project. This is a huge milestone and an indication that FERC will later issue a favorable final EIS, and then a certificate to allow the project to get built. FERC cautioned there is still more work to be done by Dominion to complete field surveys and submit proposals on certain issues that need to get resolved. However, the draft EIS says based on what they see so far, FERC has confidence that Dominion can minimize damage to the environment in building the pipeline. Of course the childish antis came out of the woodwork to begin bleating and blatting, as they so often do, that they pipeline will kill everyone and everything in its path. Typical…
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    WV Supreme Court Rules EQT Can’t Deduct P-P Costs from Royalties

    A significant court case was decided last week in West Virginia. The WV Supreme Court ruled in a gas royalty case that not only has significant implications for WV landowners (and drillers), but also may reverberate across the border into neighboring Pennsylvania where the same issue has been a long and contentious fight–what we call a civil war between landowners and drillers. Like all such cases, this one is complicated and not easy to summarize, but we’ll do our best. The WV Supremes have just handed down a decision that says, in essence, that EQT (and by extension other drillers) cannot deduct post-production expenses when calculating royalty payments to landowners. 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.” Yikes! That is fantastic news for landowners who now have a case to recoup money deducted from their checks–and really bad news for drillers who will owe that money. The big winners are, of course, the lawyers who will litigate this for years to come. However, hold on to those briefs–EQT has just appealed the decision, asking the WV Supreme Court to reconsider their decision, gently chiding the court for erring in their interpretation of state law on royalties…

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    Updated List of Proposed Laws in PA-OH-WV Affecting Marcellus/Utica

    The legal beagles at global law firm Norton Rose Fulbright continue to do us all a huge favor. Researchers at the law firm issue a quarterly legislative action update looking at bills and laws previously voted on, and new bills/laws introduced, affecting the oil and gas industry in Pennsylvania, Ohio and West Virginia. The “Quarterly legislative action update: Marcellus and Utica shale region” for 4Q16 (full copy below) begins with a quick listing by state for existing or new laws introduced, with descriptions for each bill/law. This is, in one place, pretty much everything you need to know about what new laws (i.e. regulations) are coming down the pike that will affect the Marcellus and Utica Shale drilling industry…
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    WV Social Worker Claims Marcellus Drilling Causes Homelessness

    Lisa Badia, executive director of the Greater Wheeling Coalition for the Homeless “can’t be certain how many homeless people dwell in Hancock, Brooke, Ohio, Marshall and Wetzel counties,” but she is certain that part (much?) of the homeless problem is caused by Marcellus/Utica Shale drilling. Yep, sinking a hole in the ground causes homelessness. How? According to Badia, when drilling came to town 4-5 years ago, a bunch of out-of-staters showed up to work on drilling rigs (and for pipeline companies, etc.). Those out-of-staters began paying sky-high rental rates for apartments and trailers, driving up the price of rental housing throughout the region. And when that happened, folks on welfare could no longer afford to pay the rent (with our taxpayer money). If it’s a decision between booze and cigs or rent, you know what goes! So those po’ folk ended up sleeping on heating grates–because of that nasty, awful fossil fuel drilling…
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    Wave of New Fracking About to Hit the Marcellus/Utica

    Based on a recent uptick in new permits issued in PA, OH and WV, a writer for the Daily Caller says “a wave of new fracking is about to hit Appalachia.” We agree! Recent trends all point to an increase in drilling–which is good for landowners, jobs, taxes and the environment (more gas lowers CO2 emissions, if you believe in man-made global warming). Here’s a startling statistic: Fracking is estimated to have generated 4.6 million new jobs and $3.5 trillion in new wealth–in just three years (see today’s companion story). Surf’s up! Here’s the evidence that a new “wave” of fracking is on the way in our neighborhood…
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    Cool Tool Shows Where Working Rigs are Located in M-U

    The GoMarcellusShale Forum where landowners and others interested in shale drilling hang out and swap messages back and forth was recently updated to become ShaleForum.com. It’s an excellent site with lots of great chatter going on for those with an interest in shale-related matters, including a very active Marcellus/Utica discussion. One of those discussions recently caught our eye. A poster on ShaleForum provided a link to an interactive map application hosted by Baker Hughes. We had not previously seen the app and found it to be very useful. The app shows where all of the active rigs currently drilling are located–across the entire country. You can filter the app to show only states or regions you are interested in. We played with it a bit to show you maps for PA, WV and OH where shale rigs are currently located…
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