Industrywide Issues | Lease & Royalty Payments | Litigation | Pleasants County | Statewide WV | West Virginia
WV Supremes Rule on “In-Kind” Royalties & Post-Production Deductions
In April, MDN told you that the West Virginia Supreme Court was scheduled to hear oral arguments in two important oil and gas royalty cases (see WV Supremes Hear Oral Arguments in 2 Important O&G Royalty Cases). One of those two was Kaess v. BB Land LLC, a case we were not previously aware of. In Kaess v. BB Land LLC, the Supremes were asked to rule on two questions: (1) whether an implied duty to market applies to leases containing an “in-kind” royalty provision, and (2) whether the requirements for deducting post-production expenses apply to in-kind royalty leases. The Supremes ruled on Friday—in favor of landowners. Read More “WV Supremes Rule on “In-Kind” Royalties & Post-Production Deductions”
Hope Gas, West Virginia’s largest natural gas utility company, and Quantum Pleasants, which is working on a plan in Pleasants County, WV, to use natural gas to produce hydrogen for electricity generation at what is currently a coal-burning plant, are squabbling before the state Public Service Commission (PSC) over whether or not Quantum Pleasants has the right to buy its natural gas from a different vendor (with a different pipeline).
We’re playing catch-up following our brief Wednesday through Friday vacation last week. The first order of business is to bring you the list of permits issued for the week of June 24 – 30. A total of 15 new permits were issued, with most (10) issued in Pennsylvania. Ohio issued four new permits, and West Virginia issued one new permit. Both Seneca Resources and Apex Energy tied for most new permits (three each), with Seneca’s permits issued in Tioga County, PA, and Apex’s permits issued in Westmoreland County, PA.
Three weeks ago, 31 new permits were issued to drill in the entire Marcellus/Utica region. Two weeks ago, the number dropped (dramatically) to just seven new permits. And then last week, the number of permits issued soared once again — all the way up to 46. Bam! We just kicked it up a notch. Seneca Resources took the top spot for new permits, receiving a total of nine permits, all in Tioga County, PA. Chesapeake Energy and Antero Resources tied for second place with seven new permits each, with Chessy’s permits coming in Bradford County, PA, and Antero’s in Doddridge County, WV. Coming in third was Jay-Bee Oil & Gas with six permits issued in Pleasants County, WV. State by state, PA issued 24 new permits, OH issued 9, and WV issued 13 permits.
The old Energy Harbor coal-fired power plant in Pleasants County, WV, which had been offline since June 1 and was scheduled to be demolished, recently roared back to life under new ownership (see 
The old Energy Harbor coal-fired power plant in Pleasants County, WV, which had been offline since June 1 and was scheduled to be demolished, recently roared back to life under new ownership (see 
The old Energy Harbor coal-fired power plant in Pleasants County, WV, which had been offline since June 1 and was scheduled to be demolished, has roared back to life under new ownership. Omnis Fuel Technologies invested $800 million to restart operations at the plant, which is now back online and producing electricity. Omnis’ plan is to transition the plant, renamed to Quantum Pleasants, to use hydrogen instead of coal.
Last week 24 permits were issued to drill new shale wells in the Marcellus/Utica. Pennsylvania had the lion’s share with 19 new permits–most of those (10) were issued for two Chesapeake Energy well pads in Bradford County in the northeastern part of the state. Ohio had just two new permits, both on the same Southwestern Energy well pad in Monroe County. West Virginia had three new permits, one in Pleasants County and two in Marshall County.
A healthy number of permits were issued to drill new shale wells across the Marcellus/Utica region last week. Pennsylvania issued 19 new permits in both southwest and northeast PA. Ohio issued 8 new permits, all of them to a single driller (Ascent Resources) for two well pads in two different counties. West Virginia issued 9 new permits–all but 2 of them were issued to Antero Resources in Tyler County.