Lawyers Warn Pipeline Case May Turn Midstreamers “On Their Heads”
A couple of legal beagles from the Fox Rothschild law firm (in NJ) are sounding the alarm that two bankruptcy court decisions in New York State are threatening to up-end the midstream industry across the country. We tend to agree with them. Earlier this year, MDN brought you the news that a NY bankrutpcy court judge had allowed Sabine Oil & Gas, going through bankruptcy, to cancel a pipeline gathering contract with Cheniere’s Nordheim Eagle Ford Gathering in Texas (see Midstream Nightmare Comes True: Judge Lets Driller Cancel Contracts). Nordheim spent $84 million building a pipeline system to Sabine’s wells. In return for laying out that kind of money, Sabine, as is always the case, signed a multi-year contract with Nordheim (10 years in this case), ensuring Nordheim would make a profit on its up-front investment. The judge allowed Sabine to carte blanche cancel the deal several years into the contract. We asked at the time: If a driller signs a contract and that signature is no longer any good, will anyone build pipeline systems anymore? A pair of lawyers delve into the case and point out: “If other judges follow the analysis and conclusions reached in the Sabine Oil case, the expectations of midstream service providers in the oil and gas extraction process might be turned on their heads.” Indeed…
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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: Getting the nextgen into the oilfield in OH; PA destructive new energy policies; energy groups slam Obama over Dakota pipeline; drillers tapping DUCs; and more!
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 
Tim Greene is owner of Land & Mineral Management of Appalachia and a former West Virginia Department of Environmental Protection inspector. He knows a thing or two about leasing and drilling in the Mountain State. As part of a recent article, Greene was asked about the many leases signed five years ago that are coming up for renewal (or release). Greene said five years ago landowners in WV and OH were getting signing bonuses of $5,000 per acre and more, with royalties going as high as 20%. As those leases come up for renewal, Greene cautions landowners that they won’t see anywhere near those terms if they sign again. What will they see?…
We’ve written a number of stories about Pennsylvania House Bill (HB) 1391 that would guarantee landowners receive a 12.5% minimum royalty on the gas extracted from their land, regardless of post-production costs. The issue has led to what MDN calls a civil war between landowners (particularly in Bradford County, PA) and the drilling industry. The clock is ticking and this week is it for this legislative session in PA. If supporters of HB 1391 don’t get the bill passed this week, it will have to be reintroduced and go through the entire process again next year. Supporters like Doug McLinko, a Bradford County commissioner, have warned of serious consequences for the industry if the bill doesn’t get passed. The industry appears to have convinced enough lawmakers to keep the bill bottled up so it doesn’t come to the floor for a vote, which riles landowners. HB 1391’s supporters in the legislature are sounding like it’s already over for this year, and that they will have to fight again next year. We’re concerned what this ongoing situation will do for what has, in the past, been good relations between landowners and drillers. That relationship appears to be souring, at least for some landowners…
Inspired by the criminal actions of eco-terrorists in North Dakota (see 
The Ohio Oil & Gas Association’s (OOGA) director of public relations recently attended and spoke at a meeting of the Columbiana County Port Auhority. His words for Columbiana County? Drilling will (eventually) return to the county in bigger numbers. He said drilling has never really stopped in the county–it’s just slowed down, a lot. But that trend will reverse sooner or later. The county is blessed with wet gas, but wet gas (natural gas liquids, or NGLs) has currently fallen out of favor. That too shall pass. Here’s a bit of the pep talk OOGA gave at the meeting, with a good description of Utica drilling in Columbiana County and the many benefits of drilling in the county…
Last week Jason Pigott, vice president of operations for Chesapeake Energy, addressed analysts at a conference and disclosed that the company ran an experiment by pumping 25,000 tons (i.e. 50 million pounds) of sand down a single shale well bore. Incredible! And they found by doing so that output from the well was 70% higher than it normally would have been. Sand acts as a proppant to “prop open” cracks and holes in the fractured rock, allowing gas trapped in small pockets to escape. Chessy is calling the experiment “propageddon.” Catchy. At the conference Pigott said, “What we’re doing is unleashing hell on every gas molecule downhole.” Strong words! The well they tried it with is located in Louisiana. We highlight this story because what they learn there will no doubt come to the Marcellus/Utica as well…
Two weeks ago MDN told you that TransCanada is attempting to block Marcellus/Utica gas from entering the eastern Canadian market by lowballing pipeline transportation costs from western Canada (see 
Here’s a story you have to go to a non-US (i.e. objective) newspaper to find. Stephen Tindale is a “lifelong green” and once ran the organization Greenpeace, for five years. He’s written and published an op-ed in the UK Sun titled, “As a lifelong Green, I’M convinced fracking’s the only solution to energy problems.” You read that right! Here’s someone with a brain–someone willing to open his mind and willing to objectively view the evidence before his eyes. And what does he see? Fracking shale formations is the answer, not the problem. Here’s what he said last week…
The U.S. Chamber of Commerce recently launched a “What If…?” series to counter the radical “keep it in the ground” movement–a movement that irrationally hates the use of fossil fuels. In August the Chamber released their first such report, titled “What If…Energy Production was Banned on Federal Lands and Waters?” (see 
Events related to drilling in the Marcellus and Utica Shale, primarily pro-drilling.
The rogue and out-of-control federal Environmental Protection Agency (EPA) continues its bullying ways when it comes to the oil and gas industry. Just coming to light (for us) is an action last week by the EPA to fine Crestwood Midstream’s Finger Lakes LPG Storage subsidiary $312,000–for not filing the right paperwork for their facility in upstate New York. Note that the fines are NOT for leaking methane or propane, NOT for endangering the public, NOT for actually doing ANY kind of environmental harm. The fines are for not filing the proper paperwork. The EPA is behaving like the mob running a protection money racket. Crestwood has to pay the EPA $154,000 in fines, and then pay $158,000 for new equipment for three local fire departments located near the facility. The antis are already using this paperwork violation as yet another reason to bleat and blat about Crestwood’s proposed underground propane storage facility along the shores of Seneca Lake. The paperwork violation is for a Crestwood/Finger Lakes LPG Storage facility in the next county–nowhere near Seneca Lake where the proposed propane facility is located. Makes no difference. Antis say it’s yet more evidence that Crestwood can’t be trusted to safely operate the propane storage facility…
Bradford County, PA landowners and their titular leader, county commissioner Doug McLinko, are keeping up the pressure on PA’s legislators to pass House Bill (HB) 1391 to guarantee landowners receive 12.5% royalties. Earlier this week we noted the county had released a powerful new video to support their cause (see