PA Supreme Court Agrees to Hear Briggs “Rule of Capture” Case
This is big news that will impact nearly every landowner and shale driller in Pennsylvania. In April, MDN brought you the news that Pennsylvania Superior Court had handed down a decision (known as the “Briggs” case) that has the power to greatly restrict, perhaps even stop, Marcellus drilling in PA (see PA Superior Court Overturns “Rule of Capture” for Marcellus Well and PA “Rule of Capture” Case has Power to Limit Marcellus Drilling). The issue, in brief, is that a PA Superior Court decision disallows using the age-old principle called the “rule of capture” when it comes to shale drilling and fracking in PA. Southwestern Energy successfully argued in a lower court that the odd crack here and there that may slip under a neighbor’s property from fracking is permissible. The neighboring landowner, not signed with Southwestern, appealed that decision to Superior Court and won. Southwestern then appealed the case to the PA Supreme Court and the court has just announced it will hear the case. How will this affect nearly every landowner, signed or not, in shale regions of the state?
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The West Virginia Surface Owners’ Rights Organization (WVSORO) is making some big accusations against EQT (perhaps other drillers too) in saying that EQT, which once owned thousands of conventional oil and gas wells in the state, is selling those wells to companies that may go out of business and therefore will not be able to properly plug those wells as they reach end-of-life and no longer produce. Specifically, WVSORO mentions the recent sale by EQT of its WV conventional assets to Diversified Gas & Oil. In June, MDN brought you the exclusive news that Diversified had purchased EQT’s Huron Shale assets in Kentucky, Virginia and West Virginia for $575 million (see 
Seven antis from Greater Philadelphia, with money and lawyers from Big Green groups backing them, on Monday asked the Pennsylvania Public Utility Commission to shut down Mariner East 1 pipeline (which has operating for more than a year), and to block the startup of Mariner East 2 pipeline. The chutzpah of these people is breathtaking. To put it in perspective, Chester and Delaware Counties, which is where the seven antis hail from, has a combined population of 1,083,989 people (as of 2017). Seven people represents .0006% of the population. Meaning 99.999% of the population either don’t care, or are not against these pipeline projects. Both ME1 and ME2 carry natural gas liquids (NGLs)–meaning ethane and propane–from the western side of PA across the state to Delaware County and the Marcus Hook refinery. From the very beginning there have been a committed few (with the help of Big Green) fighting the ME2 project every inch of the way. They’ve thrown everything they have at it–multiple lawsuits, pleas to regulatory agencies, legislative hearings, illegal protests–you name it, they’ve done it. This latest action appears to be a last gasp, “Hail Mary” attempt at convincing a regulatory agency to stop both pipelines. Which isn’t going to happen.
Security at energy companies is no longer an afterthought, no longer an annual “audit” that’s done to ensure you have good policies in place. It’s now something that must be actively managed day-to-day. Threats come in all sizes and types, from nutty pipeline protesters who tip over into violence, to Russian and Chinese hackers looking to screw with our electric grid and steal our secrets. Knowing this, Dominion Energy, a huge company with its fingers in many energy pies–from pipelines to electric generation (wind, solar, natural gas, nuclear) to local electric and gas delivery (utility company)–has just hired the former FBI division chief for Richmond, Va. as its new Chief Security Officer–a newly created role in the company. Our prediction: You’ll see more CSOs in the future.
Happy Thanksgiving! MDN is taking both Thanksgiving Thursday and Black Friday off. While you’re taking time to be thankful for your friends, family, food, drinks, and other luxuries, take a moment to say THANK YOU to the resources that make this holiday so wonderful: fossil fuels! Below is a new video from our friends at Clear Energy Alliance. Watch it (under 4 minutes) to learn just how much oil, natural gas, and coal bring to the table during the holiday season–and every other day of the year.
The “best of the rest”–stories that caught MDN’s eye that you may be interested in reading: Construction manager gives update on Shell cracker plant in Beaver County; Gas power plants fuel PA economy; Buy natural gas producers to play the dramatic rally in natgas prices; Gov. Charlie Baker proposes legislation on natural gas safety practices; BC pipeline outage disrupts western U.S. winter gas prices and flows.
There is a political mess brewing in North Carolina–a mess that has made for some strange bedfellows. Rabid anti-fossil fuelers are supporting Republicans in a bid to target NC’s Democrat governor because his administration granted a permit for Dominion Energy’s Atlantic Coast Pipeline (ACP) in the state. We first reported on this developing situation back in September (see 
In reading through the story we share below, we feel dirty. Like we need a shower. New York State is deeply, deeply corrupt–at the highest levels. As in Gov. Andrew Cuomo. And every now and again, that corruption spreads to otherwise good projects, like converting a small coal-fired electric plant to burn natural gas. The Greenidge Generation power station in Yates County, located along the shoreline of Seneca Lake in the beautiful Finger Lakes region of upstate NY, is one such a project caught in the web of Cuomo’s corruption. Originally built in the 1930s, the operator of the plant, Atlas Holdings, wanted to convert it from burning coal to burning natural gas. After paying $120,000 to Andrew Cuomo’s campaign for reelection and more than $500,000 in payments to lobbyists, Atlas got a “fast track” approval and certain environmental exemptions from the Cuomo Administration. It’s a worthy project and should have been approved without such payoffs, but the project couldn’t get approved otherwise. Here’s the sordid story.
In January Dominion Energy announced a deal to buy out and merge in South Carolina-based SCANA Corporation (see 
We’re not going to continue to cover news about the price of natural gas each day, because the price goes up, then it goes down, then it goes back up…you get the idea. We will, however, bring you one more story today on the price of natgas, because of the ongoing wild swings in price. The fact that prices goes up and down is not mysterious and frankly, not noteworthy. What is noteworthy is the sudden and dramatic swings–called volatility in the business. Last Wednesday the NYMEX futures price for gas hit a four-year high, up 18% in a single day (see 
Is the Marcellus/Utica industry giving itself a black eye with respect to post-production deductions? It’s always dangerous to paint with too broad of a brush. There are some drillers who don’t deduct post-production costs, and the landowners signed with them are happy as clams (we know some personally). But there are other drillers, perhaps under pressure by investors, perhaps from greed (as is said by those opposed to shale drilling) that are making profits on the backs of landowners. Regardless of motivation, it’s not right. The problem is, the media *does* paint with a broad brush and accuses the entire industry of behaving the same way. The following Charleston Gazette-Mail editorial is a perfect example.