PA Case Highlights Risk in Using Non-Lawyer to Negotiate Lease
In August 2013 an extensive investigative article about a then-director for the Pennsylvania Game Commission, William A. Capouillez, appeared in the Philadelphia Inquirer (see PA Director of Game Commission Double-Dipping with Gas Leases?). The article spotlighted a potential conflict of interest between Capouillez’s day job and his moonlighting side job as an agent for property owners who lease their land for oil and gas development. The issue? He was signing private deals with the same companies that often work with his state agency. The State Ethics Commission did a lengthy investigation and three years later, the Commission levied a $75,000 fine, which Capouillez agreed to pay (see Former PA Game Commissioner Fined $75K for Lease Moonlighting). Although he paid the fine, Capouillez remained defiant and said the fine is a tiny fraction of the original fine sought–an indication of his vindication. There is new litigation involving Capouillez. One of the leases he negotiated was on behalf of the Laurel Hill Game and Forestry Club with Range Resources. The way Capouillez constructed his leases was that he would get a cut, a percentage, of any lease signing bonus and ongoing royalty payments, in return for the leases he brokered. Range never drilled on Laurel Hill’s property, but they did start to push dirt around a few hours before the lease expired as a way of holding the acreage (some would call their action a less-than-honorable practice). Laurel Hill sued Range and the lawsuit was later settled by drafting up a new lease with new terms. The new lease/terms were not brokered by Capouillez and he was cut out of the deal–so Capouillez sued both Laurel Hill and Range. The moral of the story, according to lawyers writing about the case, is to never use non-lawyers to represent you in lease negotiations…
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Each month MDN tracks how many rigs oilfield services company Patterson-UTI Energy reports operating–as a proxy for when/if the drop in rig counts for the Marcellus/Utica will turn around. Patterson operates a number of rigs in the northeast, as well as other areas of the continental United States (and Canada). Patterson’s rig count kept sinking month by month until June 2016 when things turned around. Since last June, Patterson has reactived and began running new rigs (higher rig count) in each successive month. Just last week Patterson released their numbers for January and once again it was good news (see 
For those of us in a certain generation, you will recognize this: Fred, Daphne, Shaggy, Velma…and of course, Scooby-Doo! If you were raised watching cartoons on Saturday morning, and you watched Scooby-Doo, do you remember the name of the van they traveled around in? That’s right, the Mystery Machine! An image of the Mystery Machine is what floated through our brain as we read about the latest venture in researching air quality in Pennsylvania near drilling sites. Researchers from Drexel University (in Philadelphia) set out across Marcellus territory in “Drexel’s Mobile Laboratory, a Ford cargo van equipped with all the equipment necessary for measuring concentrations of chemicals and particles in the air at 1-10 second intervals while driving.” The Mystery Machine! And what, pray tell, did our intrepid Marcellus sleuths find be-bopping around the countryside? In the recently published study, “Analysis of local-scale background concentrations of methane and other gas-phase species in the Marcellus Shale” (full copy below), researchers say they found that even though the number of Marcellus wells being drilled has slowed quite a bit over the past few years, the amount of fugitive methane in the air has increased. And the increase can’t be explained by a general global increase in fugitive methane. The increase in fugitive methane in the Marcellus is due, our methane sleuths say, to the “increased production of natural gas from the region which has increased significantly over the 2012 to 2015 period.” The researchers conclude that “because everybody knows how evil and nasty fugitive methane is for global warming” (our words), this study is yet more evidence that Marcellus shale drilling (and pipelines, etc.) leak so much methane as to make any benefits we get from extracting and burning methane, over say coal, muted–even lost. Because we can’t put a cork in it, by extracting and using methane we’re making poor old Mom Earth even sicker. Which is, of course, total bunkum…
The “best of the rest” – stories that caught MDN’s eye that you may be interested in reading. In today’s lineup: Kasich’s severance tax hike a longshot; Lebanon, PA group plans to disrupt Atlantic Sunrise Pipeline construction; what happens to natgas royalties from PA state game lands; protesters fight Addison natgas pipeline; Virginia bill exempts some fracking chemicals from records requests; Georgia pipeline expansion; flowing Marcellus gas to Texas; biggest coal plant in the U.S. closing due to natgas; House Bill would completely defund EPA; and more!
Two days ago Eclipse Resources, a Marcellus/Utica pure play driller headquartered in State College, PA that drills mostly in Ohio, released an update for fourth quarter and all of 2016. However, it was an operational and not financial update. Consider this the “good news” from 2016. Among the highlights: Production averaged 229 million cubic feet equivalent (MMcfe) per day, which was above their previous estimates of what it would be. Year-end proved reserves increased by 35% to 469 billion cubic feet equilvanet (Bcfe). Eclipse idled most of its drilling rigs in the first half of 2016 given the low price of gas, but they did drill one notable well early last year–the monster Purple Hayes well in the Ohio Utica–with a lateral (the horizontal part) that reached out 18,500 feet–an astonishing 3.5 miles (see 
It’s that time of year for energy companies to issue updates on just how much oil and gas they own in the ground, recoverable at current prices. Yesterday CONSOL Energy announced their total proved reserves had hit 6.3 trillion cubic feet equivalent (Tcfe), as of December 31, 2016. That number is an 11% increase compared to the previous year. The vast majority of CONSOL’s reserves (99%) are in the Marcellus and Utica Shale plays. Of the 6.3 Tcfe total proved reserves, some 423 billion cubic feet equivalent (Bcfe), or 6.8%, is in oil, condensate and other liquids. Meaning 93.2% of CONSOL’s reserves are in good ole natural gas (i.e. methane). As part of CONSOL’s update we get some interesting stats about the wells they drilled in 2016. In the Marcellus, CONSOL and its JV partner turned-in-line 47 wells with an average lateral (horizontal) length of 7,300 feet and expected ultimate recoveries (EUR) averaging 2.3 Bcfe per thousand feet. In the Utica Shale, CONSOL and their JV partner turned-in-line 15 wells with an average lateral of 8,000 feet and EURs up to 2.2 Bcfe per thousand feet. Here’s the update from CONSOL…
Little known fact: There is a Utica Shale layer in Canada–along the St. Lawrence River Valley–in the Province of Quebec. On and off over the years we’ve mentioned it, largely in connection with an ongoing moratorium on shale drilling in Quebec (
Elections have consequence–not only on the national level, but also on the state and even local levels. Case in point: Barack H. Obama blocked the Keystone XL Pipeline through most of his presidency, and he blocked the completion of the 97% finished Dakota Access Pipeline. Trump got elected over Obama clone Clinton, and that’s all now changed. The Dakota Access Pipeline has received its final clearance and will be done within a few months. Keystone is refiling their application and will get built within the next year or so. However, there is a flip side too. Even when pipeline projects are federally approved, like the Constitution Pipeline from northeast PA into New York, states can throw a monkey wrench into the works and screw it all up–as NY Gov. Andrew Cuomo has done (see 
Yesterday MDN brought you the disappointing news that Pennsylvania Gov. Tom Wolf, America’s most liberal governor, has once again introduced a 6.5% severance tax plan as part of his 2017 budget (see 
Major multinational bank Société Générale, headquartered in Paris but with major operations here in the U.S., has just issued a 37-page report on U.S. commodities. The theme of the report caught our attention: “Five facts about shale: it’s coming back, and coming back strong.” Analysts working for Société Générale asked themselves this question: Will the U.S. recovery in oil and gas production offset OPEC cuts? They review some of the key dynamics of U.S. shale production in their report. Specifically, they highlight five facts about U.S. shale production that all point to the same underlying trend: shale is coming back in a big way…
A group of RINO (Republican in Name Only) dinosaurs (i.e. RINOsaurs) have come out of retirement to lobby President Trump on the insane idea of a so-called “carbon tax.” Two of them were from the Ronald Reagan Administration–George Shultz and James Baker III. (As an aside, when Baker was Chief of Staff for Ronald Reagan, he was an arrogant ass–prancing around the West Wing. We can state this categorically from first-hand experience. MDN editor Jim Willis worked at the White House when Baker was there. Jim can also tell you Baker came from the Bush camp, which today we call the Washington establishment. There was a deep divide in the White House during the Reagan years between the “Bushies” who were establishment types, and true-conservative “Reaganites.” You know which camp Jim belonged to.) A carbon tax is nothing more than a way to slap a regressive tax on every citizen of the country–as if we aren’t already taxed enough. If you live in the great middle class of this country, you already pay close to 50% of your income in various federal, state, local, property, sales and other taxes. Add it up sometime–you’ll see we’re not exaggerating. A group of Republican “elder statesmen” (as fake news source CNN calls them) yesterday met with Team Trump at the White House to push this disastrous plan, calling it (be careful not to vomit), “conservative.” There’s nothing conservative about it…
Once again MDN editor Jim Willis is participating in this year’s Oil & Gas Awards Northeast Industry Summit, being held on March 2 in Pittsburgh. Jim helped create the program for this year’s Summit, and he will moderate two of the panel discussions at the event. Jim invites Marcellus Drilling News readers in the Pittsburgh orbit to attend the Summit–for FREE. 
Yesterday Pennsylvania Gov. Tom Wolf released his 2017 budget proposal. Twice before, Wolf has attempted to levy a severance tax Marcellus drilling in the state–in addition to the existing impact tax. A severance tax would cause drilling in the state to stop, by giving PA one of the highest severance tax rates in the nation. (Yes, drillers do have other options and will go to other shale plays!) However, in this new budget, Wolf is once again attempting to impose a severance tax–this time 6.5% (same as last year)–as a payback to the teachers’ unions that helped elect him. Wolf’s plan this year is to transfer away nearly $300 million from drillers and landowners, via a high severance tax, and give it to “education.” As soon as Wolf was done with his divisive budget address yesterday, top Republicans declared the severance tax plan dead–about as dead as Wolf’s fledgling reelection effort…
Artex Energy Group, a subsidiary (on paper) of Marietta, OH-based Artex Oil Company, is selling 14,885 Utica Shale acres located in Noble, Guernsey, Washington and Tuscarawas Counties (southeastern OH). On its website, Artex claims it is “one of the largest oil and gas producers in Ohio” pumping out “millions of dollars per year in royalties to landowners.” The company says it has drilled and operates “more than 600 operated wells in Ohio.” Some of those wells are Utica Shale wells. However, many of their wells are conventional (vertical only) non-shale wells. The auction notice says 87% of the leases being offered are held by production. Over 2,000 acres is part of a joint venture Artex has with Antero Resources on land in Noble and Washington Counties. Artex is accepting bids now and will accept bids through March 2nd, with a target closing date of March 31st. Here are the particulars of what is being offered for sale…
The clock just ran out for Ohio landowners who either thought Energy Transfer’s Rover Pipeline would not get authorized, or hoped to hold out and get higher rates of payment to agree to allow the pipeline to cross their land. As pipeline companies often say, the use of eminent domain to gain access to property is a “last resort.” The time of last resort has come. As soon as Rover received its final authorization from the Federal Energy Regulatory Commission on Friday (see 
Déjà vu all over again? Last Friday the Federal Energy Regulatory Commission (FERC) approved a long-delayed project–National Fuel Gas Company’s Northern Access 2016 pipeline project (see