21 Senators, 67 Representatives Join Case Against EPA WOTUS Rule
In May 2015 the Obama rogue Environmental Protection Agency (EPA) along with the Obama U.S. Army Corps of Engineers (USACE) released a finalized rule clarifying what “Waters of the United States” (WOTUS) means vis a vis what can be regulated under the federal Clean Water Act (see EPA Power Grab: Redefines Waters of the U.S. to Include Everything). Essentially the rule change redefines everything down to mud puddles (we’re not exaggerating) as subject to the federal Clean Water Act. In October 2015 a federal judge stopped WOTUS from going into effect, while it’s litigated (see Sixth Circuit Court Stops EPA from Implementing WOTUS Anywhere). It took a year, but last week 31 states along with other entities filed briefs with the 6th U.S. Circuit Court of Appeals opposing the rule (see 31 States Ask Court to Dump Obama WOTUS Rule as Unconstitutional). Good news: 21 U.S. Senators and 67 House of Representatives members (Congresspersons) have filed a “friend of the court” (amicus) brief urging the court to vacate the EPA’s WOTUS rule…
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The “best of the rest” – stories that caught MDN’s eye that you may be interested in reading. In today’s lineup: Northeast drillers gear up for winter; natgas prices fall in the northeast; blocking pipelines new anti-fracking ploy; natgas output still going strong in OH; Hilcorp gets 11 new permits in Columbiana County; PA rig count goes up in Oct; LNG layoffs in NEPA; energy companies turn to drones; and more!
MDN first told you about IMG Midstream in August 2014 (see 
While the worldwide Baker Hughes rig count slide back a bit in October, from 934 in September to 920 in October, the rig count in the U.S. once again, for the fourth month in a row, went up. The average U.S. rig count for October was 544, up 35 from the 509 counted in September. However, the rig count was down 247 from the 791 counted in October 2015–so we still have a long ways to go. The Marcellus/Utica rig count was up for the third month running. In October the M/U rig count went up by 4 with 3 additions in PA (now 25 rigs) and 1 in WV (now 10 rigs). OH stayed even running with an average of 14 rigs…
Stone Energy, an independent oil and natural gas exploration and production company (E&P) headquartered in Lafayette, Louisiana drills mainly in the Gulf of Mexico but also has a presence in the Marcellus/Utica Shale with 90,000 acres of leases. Last year Stone quit drilling in the northeast and actually shut-in part of their production due to low prices (see 
Black Stone Minerals is one of the largest owners of oil and natural gas mineral rights in the U.S. Black Stone owns mineral interests and royalty interests in over 40 states and 60 onshore basins in the continental U.S–including leases in the Marcellus/Utica region. Black Stone also owns and selectively participates as a non-operating working partner in drilling programs, primarily on its own leased acreage. Black Stone reported its third quarter earnings yesterday. The numbers show the company made $37.5 million in 3Q16 (down a bit from making $53.9 million in 3Q15). However, for the first nine months of 2016 the company is in the black this year, while it was in the red last year at this point. Our point: yet more evidence that drilling and royalties and everything in our industry that was down is now trending up, once again…
Weatherford International is the fourth largest oilfield services company in the world, employing some 44,000 people. They have a branch office in Canonsburg, PA (Pittsburgh area) with major operations in the Marcellus/Utica. By comparison, Weatherford competitor Halliburton is the #2 largest oilfield services company in the world. A strange thing happened to Weatherford in September 2015. The public company floated new shares of stock and new IOUs (i.e., convertible notes) hoping to raise $1 billion in cash. But a few hours after they announced the offering, they withdrew it because “while investor interest was strong for this offering” the price those investors were willing to pay for the new stock and notes was not anywhere near what Weatherford wanted (see 
IHS Markit, an information and analytics company that keeps a close eye on the energy industry, says its analysis shows natural gas production in the U.S. went down “nearly 2%” in October from September. It doesn’t sound like much, but it’s a big deal. Production levels in South Texas and the Northeast, according to VP Jack Weixel, “fell off a combined 1.3 Bcf/d from September to October.” That is the largest regional month over month decline IHS Markit has seen since it began tracking these numbers. What does it mean? Typically it means higher prices are coming–less supply, the same or increasing demand equals higher prices (classic economics 101 stuff). However, there are so many complex and contributing factors, it’s not as simple as less supply = higher prices. Not anymore! Here’s what IHS Markit is saying…
Don’t say we didn’t warn you. On Oct. 20 MDN reported on the link between so-called protesters (i.e. criminals) who have gathered in North Dakota to protest a federally-approved oil pipeline called the Dakota Access Pipeline (see 
In May MDN told you about a group of brave landowners in Wayne County, PA who have had their property rights stolen by the Delaware River Basin Commission (see 
The energy industry in our country is complicated and takes a while to wrap your brain around just how it works. Especially the utility industry. Companies that produce and then distribute electricity (and natural gas) are in some cases regulated by the government–meaning what they charge is strictly controlled–and in some cases not regulated. Some local utilities produce the electricity, via a nuclear plant, or coal-fired generating plant, or natural gas-fired plant, as well as distribute that electricity to customers. Other utilities just distribute the electricity. And still others just produce the electricity. Sometimes producing electricity is regulated by the government (i.e. price controlled) and other times it is not. Is your head spinning yet? FirstEnergy, based in Akron, OH, is one of the nation’s largest investor-owned electric systems, serving customers in Ohio, Pennsylvania, New Jersey, West Virginia, Maryland and New York. FirstEnergy owns a variety of regulated and non-regulated power generation plants. Last Friday the company announced it will sell six power generating plants in PA, four of them natural gas-fired plants. The plants being sold are non-regulated. This is part of FirstEnergy’s strategy to become a 100% “regulated” utility in the next 18 months. Which plants are going on the auction block?…
National Fuel Gas Company (NFG) covers the full span of the oil and gas business–from upstream (with its wholly-owned drilling subsidiary Seneca Resources), to the midstream (with wholly-owned subsidiary Empire Pipeline) to downstream (NFG’s natural gas utility service to 740,000 customers in NY and PA). Big company. Diverse operations. Late last week NFG issued what they call their fourth quarter update (everyone else’s third quarter update), covering July through September. NFG’s CEO Ronald Tanski said lower natural gas prices and higher temperatures didn’t help. However, the company improved. In NFG’s 4Q15 the company lost $188 million–but this year they made $37.5 million. That’s a significant $225 million improvement in just one year’s time. However, NFG ended the full year in the red–losing $291 million (an improvement from losing $379 million last year). As for Seneca’s performance, it was a good year overall, with banner production. Seneca’s production was 161.1 Bcfe (billion cubic feet equivalent) in fiscal 2016, an increase of 3.3 Bcfe, or 2%, versus fiscal 2015. Seneca voluntarily curtailed an estimated 34.6 Bcf (billion cubic feet) of net natural gas production in fiscal 2016. Seneca’s average realized natural gas and oil prices, after the impact of hedging, was $3.02 per Mcf and $57.91 per Bbl, respectively, a decrease of $0.36 per Mcf and $12.45 per Bbl, versus fiscal 2015. Below is the NFG update for all of their subsidiaries including Seneca and Empire, along with a copy of the latest PowerPoint slide deck…