Statewide WV

Energy Companies | Energy Services | EQT Corp | Industrywide Issues | Pipelines | Regulation | Statewide WV | West Virginia

Bill Allowing Surveyors Private Property Access Fails in WV Senate
March 2, 2016March 2, 2016

In June 2014 EQT and NextEra US Gas Assets formed a joint venture to build a 330-mile pipeline from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA to deliver abundant, cheap Marcellus and Utica Shale gas to markets throughout the southeast (see EQT Announces New Marcellus/Utica Pipeline to Southeastern US). The project is called Mountain Valley Pipeline (MVP). A number of West Virginia landowners objected to MVP and would not let surveyors on their property, so MVP (i.e. EQT and NextEra) threatened to sue the landowners claiming eminent domain laws to enter their properties (see WV Landowners Say They’re Bullied by Mountain Valley Pipeline). A month later they did sue (see Mountain Valley Pipeline Sues 103 WV Landowners for Survey Access). But it takes a long time to sue individual landowners in hundreds of cases. So somebody talked to somebody and a bill was introduced in the WV Senate this year, Senate Bill (SB) 596–which would allow surveyors to enter private properties to do survey work as long as a notice was sent by certified mail ahead of time. No doubt the bill was in response to the ongoing, thorny issue of surveying for MVP. The bill passed out of committee with a split vote. But the bill was voted down by the full Senate…
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Forced Pooling | Industrywide Issues | Regulation | Statewide WV | West Virginia

WV Forced Pooling Bill Headed for 5th Defeat in 6 Years
March 1, 2016March 1, 2016

Although the drilling industry in West Virginia had high hopes that “this was the year” a forced pooling bill would be passed–the latest attempt has once again gone down in flames. Each year the WV legislature meets for a 60-day period at the beginning of the year. Tomorrow (Wednesday) is the 50th day and the last day for a bill to advance out of the house of origin if it’s to be considered by the full legislature–what is known as “crossover day.” House Bill (HB) 4426 is this year’s forced pooling bill, introduced on Feb. 5 (see WV Forced Pooling Bill HB 4426 Introduced – Debate Rages). HB 4426 has until tomorrow to be reported out of committee. It’s not going to happen, meaning it cannot, under the rules of the legislature, be considered for a full vote. The West Virginia Oil and Natural Gas Association sounds rather pessimistic about trying again in the future…
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Industrywide Issues | Statewide WV | Taxation | West Virginia

WV Gov. Tomblin Signs Severance Tax Cut into Law
March 1, 2016March 1, 2016

You may recall our amazement two weeks ago when we reported that West Virginia was on the cusp of passing a bill that will lower the state’s oil/natural gas and coal severance taxes (see WV Senate Passes Bill to Eliminate Part of State Severance Tax). In 2005 when now Gov. Earl Ray Tomblin was then President of the WV Senate, he presided over slapping a new/extra severance tax on oil, gas and coal–for the express purpose of paying down the state’s old workers’ compensation debts. At the time Tomblin promised when the debt was paid off, the tax would end. And by gaw he actually did it. Yesterday Tomblin signed the bill into law. A politician who keeps his word. Rarer than hen’s teeth…
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Energy Services | Industrywide Issues | M3 Midstream | Momentum | Pipelines | Statewide WV | West Virginia | WGL Holdings

M3’s Stonewall Gathering System in WV Gets New Investor/Partner
March 1, 2016March 1, 2016

In April 2015 MDN told you that a section of M3 Midstream’s Appalachia Gathering System (AGS) had been spun off into its own company called Stonewall Gathering System (see M3’s New Stonewall Gathering System Extends Existing AGS in WV). At the time, plans were under way to build out gathering pipelines in West Virginia’s Harrison and Doddridge counties, running through Lewis and into Braxton County where the pipeline will connect with Columbia Transmission’s interstate pipeline. The plans came to fruition and the Stonewall Gathering System was built and now gathers 1 billion cubic feet of Marcellus Shale gas per day (see Construction on WV Stonewall Gather Pipeline Begins, Runs Thru Dec). The project now has a new investor/co-owner. WGL Midstream announced yesterday that it has exercised an option to invest $89 million in the Stonewall Gas Gathering System, representing a 35% ownership stake…
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Energy Services | Energy Transfer Partners | Industrywide Issues | Ohio | Pennsylvania | Pipelines | Regulation | Statewide OH | Statewide PA | Statewide WV | West Virginia

FERC Says Rover Pipeline as Planned Negatively Impacts Environment
February 22, 2016February 22, 2016

In December 2014 Energy Transfer Partners filed their draft Resource Reports of environmental survey data with the Federal Energy Regulatory Commission (FERC) for the ET Rover pipeline (see ET Rover Pipeline’s 800-Mile Journey Begins with FERC Filing). Rover is an 800-mile, $4.4 billion pipeline that will connect Pennsylvania, West Virginia and Ohio, crossing pretty much the entire state of Ohio heading northwest before entering Michigan and eventually taking a dog-leg into Ontario. In February of 2015, exactly a year ago, ET filed a full application with FERC. Last week FERC responded with a Draft Environmental Impact Statement (DEIS)–and the news was not so good for Rover. FERC found “adverse and significant” impacts from the project as planned and delivered to ET nearly 25 pages of recommendations that ET will need to fix before they get an approval. Is this a fatal blow to Rover? Or just a speed bump? Time will tell…
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Industrywide Issues | Regulation | Statewide WV | West Virginia

2 Bills Favorable to Drillers Advance in WV Senate – SB 508 & 565
February 22, 2016February 22, 2016

Two bills that favor the drilling industry in West Virginia have recently advanced in the WV Senate. One of the bills we previously told you about–Senate Bill (SB) 508, a bill that would stop endless, frivolous lawsuits from being filed against drillers (see WV Senate Bill Stops Frivolous Nuisance Lawsuits Against Drillers). The other bill is new for us, SB 565, a bill that “would allow oil and gas drillers to begin building well pads and access roads prior to getting a well work permit approved by the state Department of Environmental Protection.” SB 508 passed the Senate Judiciary Committee last week, and SB 565 was passed in the Senate Energy Committee. They are both on their way and likely to pass the full Senate and House…
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Industrywide Issues | Statewide WV | Taxation | West Virginia

WV Senate Passes Bill to Eliminate Part of State Severance Tax
February 16, 2016February 16, 2016

Politicians who keep promises? Consider us thunderstruck. It’s actually happened in West Virginia. In January MDN told you that WV Gov. Earl Ray Tomblin had proposed reducing the oil and gas severance tax (see WV Gov. Tomblin Proposes to LOWER Oil & Gas Severance Tax). Here’s the back story: In 2005, before he was Governor, Tomblin was President of the WV Senate. At that time the WV legislature passed an extra fee on top of the existing severance tax–a fee of 4.7 cents per thousand cubic feet of natural gas (along with a fee on coal extraction). The fee was to be used to pay down the state’s old workers’ compensation debts. Tomblin promised that once the debt was paid, the fee would be lifted. “Yeah, right” was the reaction. However, the debt is now nearly paid, and Tomblin has kept his promise. The WV Senate unanimously passed Senate Bill (SB) 419 that will lift the extra fee…
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Forced Pooling | Industrywide Issues | Statewide WV | West Virginia

WV Forced Pooling Bill HB 4426 Introduced – Debate Rages
February 16, 2016February 16, 2016

The forced pooling debate is now raging in West Virginia. As we previously reported, Republican chairman of the WV House Energy Committee, Lynwood “Woody” Ireland believes a new version of the forced pooling bill he recently introduced is as fair as it gets for both landowners and drillers (see Bill Sponsor Says It’s Now or Never for WV Forced Pooling Law). Ireland also believes if the bill doesn’t pass this year, it is likely a dead issue. However, other Republicans in the legislature called forced pooling tantamount to big businesses bullying private property owners. A forced pooling bill has been floated in five of the last six years (2012 was the exception). Will it pass this time? On Feb. 5 Ireland introduced House Bill (HB) 4426, called the “Horizontal Well Unitization and Landowner Protection Act of 2016” (full copy embedded below). Here’s an update on the debate now raging in Charleston and beyond…
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Antero Resources | Anti-Drilling/Fossil Fuel | Energy Companies | Industrywide Issues | Litigation | Regulation | Statewide WV | West Virginia

WV Senate Bill Stops Frivolous Nuisance Lawsuits Against Drillers
February 16, 2016February 16, 2016

There’s been an interesting twist in pack of so-called “nuisance” lawsuits filed against Antero Resources in West Virginia (see Scores of “Nuisance” Lawsuits Against WV Drillers Combined). As we reported, more than 200 residents in WV (likely those who don’t own the mineral rights under their land) began filing “scores” of “nuisance” lawsuits over the past couple of years against Antero Resources and Hall Drilling, in places like Doddridge County. The lawsuits claim excessive traffic, odors and noise from nearby drilling make it “impossible” for them to enjoy their homes. The individual lawsuits were rolled up into one mega lawsuit that, at the time, sat before the WV Mass Litigation Panel. More recently it seems the mass lawsuit was transferred to Ohio Circuit Court (see More People Pile on Antero, Seek to Join Mass “Nuisance” Lawsuit). The strategy by anti-drillers is to form a piranha-like school of fish to attack a large mammal and kill it with thousands of tiny bites. But a problem has appeared for the antis. A bill was just introduced in the WV Senate on Feb. 4, Senate Bill (SB 508) that defines what, exactly, a nuisance is for the purposes of such lawsuits. In other words, legislators are about to plug a hole being exploited by antis–and the antis are squealing like stuck pigs…
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Dominion Energy | Energy Services | Industrywide Issues | Pipelines | Randolph County | Regulation | Statewide WV | West Virginia

Atlantic Coast Pipeline Proposes New Route to Save the Salamanders
February 16, 2016February 16, 2016

MDN told you last month that the US Forest Service, drunk on its own power, vetoed a path through a few miles of national forests for the $5 billion Atlantic Coast Pipeline (see US Forest Service Blocks Atlantic Coast Pipeline in National Forests). Using cow nob salamanders and red spruce as their excuse, USFS said “nyet comrade” to Dominion in their quest to build a natural gas pipeline from West Virginia to North Carolina. Dominion had requested a special permit to cross teeny tiny sections of the Monongahela and George Washington national forests in West Virginia and Virginia. So now what? Last week Dominion announced an alternate route for the pipeline (see map below) that avoids most of (not all of) the forests–adding another 30 miles to the 564-mile pipeline, and disrupting 249 landowners in Pocahontas and Randolph counties who will now need to sign easements to allow the pipeline across their land. All to avoid a few miles of forestland. Here’s the latest on the mighty Atlantic Coast Pipeline, re-routed because of a salamander…
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Industrywide Issues | Ohio | Pennsylvania | Research | Statewide OH | Statewide PA | Statewide WV | West Virginia

EIA Feb DPR: Utica NatGas Output Continues to Increase
February 10, 2016February 10, 2016

Earlier this week our favorite government agency, the U.S. Energy Information Administration (EIA), issued our favorite monthly report, the Drilling Productivity Report (DPR). The February 2016 report shows what the EIA predicts oil and natural gas production will be in March from the seven largest commercial shale plays in the U.S. What does the report (full copy below) show? Very broadly, it shows that the decline in natural gas production is picking up speed, while the decline in oil slowed (reversed, actually). In January’s report, the EIA said for February the combined output of natgas would decline by 405 million cubic feet per day (MMcf/d). In this report, forecasting March production, the EIA says the decline will go down another 451 MMcf/d over the February number. That is, the rate of decline is increasing. There’s only one shale play of the seven with an increase in natgas output from the previous month. Can you guess which one? That’s right–the Utica…
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Baker Hughes | Energy Services | Ohio | Pennsylvania | Statewide OH | Statewide PA | Statewide WV | West Virginia

Rig Counts for World, US & Marcellus/Utica Continue to Tumble
February 8, 2016February 8, 2016

The number of active drilling rigs worldwide, in North America and in the Marcellus/Utica continued to tumble in January. Baker Hughes released their average rig count data for January last Friday. The news, as we expected (but nevertheless hoped wouldn’t be the case) was not good. Worldwide the number of active oil and gas rigs fell by 78. In North America the rig count went down by 28 rigs, but that’s not the full story. Rig counts in the United States fell by a whopping 60 while the rig count in Canada went up by 32. So here at home the story was bloodier than the top level numbers indicate. What about in the Marcellus/Utica? Once again MDN brings you the exclusive chart for Marcellus/Utica rig counts over the past 12 months. Region-wide rigs went down another by seven in the Marcellus/Utica. All three states that we track–PA, OH, WV–had rig count losses in January…
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Air Quality | Industrywide Issues | Litigation | Ohio | Regulation | Statewide OH | Statewide WV | West Virginia

29 States Ask Supreme Court to Stop Obama Clean Power Plan ASAP
February 8, 2016February 8, 2016

On January 26, 2016, 29 states and state agencies, including Ohio and West Virgina, filed an application with the U.S. Supreme Court seeking an immediate stay of President Obama’s Clean Power Plan (CPP). A week before the D.C. Circuit Court of Appeals denied such a stay, so the states are taking it to the final authority in such matters. The states are begging the court for a stay because the CPP will do “irreparable harm” if it is allowed to be implemented by the dictatorial Obama Administration. For background on how this horrible plan will damage natural gas and our economy in general, see 9 Fatal Flaws with Obama EPA Clean Power Plan. Energy law firm Baker Hostetler LLP is the law firm of record for the State of Oklahoma and Oklahoma Department of Environmental Quality in this case. Below is an update from Baker Hostetler on the Supreme Court filing…
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Commodity Price | Forced Pooling | Industrywide Issues | Statewide WV | West Virginia

WVONGA’s Corky DeMarco Comments on Need for Forced Pooling in WV
February 5, 2016February 5, 2016

The West Virginia Press Association hosted their annual Legislative Breakfast yesterday in Charleston. A number of speakers addressed the group to discuss a range of issues. One of those speakers was Corky DeMarco, executive director of the West Virginia Oil and Natural Gas Association. Corky talked about how long the oil and gas industry will be around in WV (“a thousand years”) and about why the price of oil and gas is so low today (“we’ve kind of priced ourselves out of the market”). He also spoke about the need for forced pooling legislation…
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Antero Resources | Doddridge County | Energy Companies | Industrywide Issues | Kanawha County | Litigation | Statewide WV | West Virginia

More People Pile on Antero, Seek to Join Mass “Nuisance” Lawsuit
February 2, 2016February 2, 2016

Last September MDN told you about the troubling news that more than 200 residents in WV (likely those who don’t own the mineral rights under their land) began filing “scores” of “nuisance” lawsuits over the past couple of years against Antero Resources and Hall Drilling, in places like Doddridge County (see Scores of “Nuisance” Lawsuits Against WV Drillers Combined). The lawsuits claim excessive traffic, odors and noise from nearby drilling make it “impossible” for them to enjoy their homes. The troubling development was that all of these lawsuits (dozens? hundreds?) had been rolled up into one mega lawsuit that sits before the WV Mass Litigation Panel. In other words a class action lawsuit. Since then we’d not heard anything, until we read about two more such lawsuits filed in Kanawha County. The lawyers want to add the two to the existing mass litigation case…
Read More “More People Pile on Antero, Seek to Join Mass “Nuisance” Lawsuit”
Industrywide Issues | Statewide WV | Taxation | West Virginia

Why Can’t We be Friends: Can Coal & NatGas Get Along in WV?
February 1, 2016February 1, 2016

Can’t we all just get along? That was the message from Corky DeMarco, executive director of the West Virginia Oil and Natural Gas Association, in responding to a call from Murray Energy CEO Robert Murray that West Virginia should trim the coal severance tax from 5% to 2%, and raise the natural gas severance tax from 5% to whatever in order to give coal a break in the Mountain State. Murray went after natural gas in a speech last week at the West Virginia Coal Mining Symposium in Charleston, WV. It appears Murray’s philosophy is “every man for himself” when it comes to government taxation. He’s wrong. Here’s why…
Read More “Why Can’t We be Friends: Can Coal & NatGas Get Along in WV?”