Northeast Continues Drilling in Morgantown Despite Ban
The ongoing battle between Morgantown, WV and Northeast Natural Energy over two proposed gas wells located close to Morgantown continues, and gets interesting. Northeast had been working with Morgantown to address concerns that the two wells they propose to drill are close to the water intake for the city. Northeast believed everything was fine until city council voted to ban hydraulic fracturing both inside and outside of its borders—up to one mile outside (allowable under WV law). Northeast’s proposed wells are within that one mile radius, so the ban shut them down. Or did it?
According to press accounts, Northeast has just started work drilling the second Marcellus gas well and plans to start fracking the first well in September, regardless of the ban:
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Even though New York still has not adopted new drilling regulations, and likely won’t until late this year, and even though drilling will not begin until 2012 at the earliest, New York politicians are lining up to dip their hands into driller’s and landowners’ pockets. The latest example is New York State Comptroller Thomas DiNapoli who has proposed a bill to the state legislature to create a driller-funded pool of money (i.e. a new tax on drillers) to cover the cost of any future accidents that may (or may not) happen because of drilling.
A new set of rules governing pipeline construction permits issued by the U.S. Army Corps or Engineers is causing extreme delays in getting gas from wells to market according to Chesapeake Energy. The new rules have turned what was an average 45-day process to file paperwork into a 300-day process.
The New York Department of Environmental Conservation (DEC) leased 19,000 acres of state forestland to Chesapeake Energy and Fortuna Energy (now Talisman Energy) in 2006 to allow gas drilling. The deal provided state coffers with $9 million and the promise of 12.5 percent royalties on any gas produced. Those leases are due to expire Nov. 15 of this year, but Chesapeake has let the DEC know it believes the leases for its share (15,472 acres) should be extended, a legal phrase called force majeure, because of the moratorium that has been in place since 2008 on hydraulically fractured gas drilling. In a letter to the DEC, Chesapeake implied they will sue the state to extend the lease agreements if the state does not willingly agree to an extension.