Transco Wins “Precedential” Fed Court Decision to Use Eminent Domain
Williams’ Transco Pipeline has just won a major eminent domain court case for its Atlantic Sunrise Pipeline project that will have implications for all pipelines. Yes, Atlantic Sunrise is now in the ground and flowing natural gas (see FERC Approves Atlantic Sunrise for Startup! Pipe Opens Sat. Oct. 6). However, a small group of landowners in Lancaster County opposed to Atlantic Sunrise resisted and would not allow Transco to build. So Transco sued and won a court order, based on the right of delegated eminent domain granted by the Federal Energy Regulatory Commission (FERC), to immediately take possession of those properties and build the pipeline. The landowners continued to fight the order and the case eventually ended up in federal court.
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We previously highlighted Virginia Natural Gas’ (VNG) “Southside Connector” project, a 9-mile pipeline from Norfolk, VA to Chesapeake, VA that VNG says will fill a gap between two main supply lines, essential to meet growing natural gas demand in the Chesapeake area. The final 2,000 feet of pipeline needs to be laid, but will run under a river and shipyard located on the bank of the river. The shipyard owner adamantly opposes the pipeline and has launched an all-out campaign to stop it (see 
Cleveland State University and Case Western Reserve University have floated a bold plan to build a $100 million microgrid to power the city of Cleveland, OH’s central business district in downtown, a 2-3 square mile area. At the heart of the microgrid would be a Utica gas-fired combined heat and power system (CHP). The CHP plant would produce up to 48 megawatts of electricity and act as a backup and/or alternative to the grid. The cost per kilowatt-hour would higher than electricity from the regular grid, but hey, it would mean virtually 100% up-time, providing electricity when grid demand is extreme (hot summers, cold winters). It’s all about reliability.
The Laborers’ International Union of North America (LIUNA) is ramping up to begin training local Virginia residents as construction workers for Dominion Energy’s Atlantic Coast Pipeline (ACP). The initial training will start in Buckingham County. LIUNA’s training includes both classroom and hands-on training. Folks have been pestering LIUNA for months, asking why they have not already begun training. The reason is simple: You don’t begin training until you’re ready to put people into the field to use that training. You don’t train them and then wait for months on end–while they forget what they just learned. LIUNA’s training program launch means that construction on ACP in Virginia is about to ramp up in a big way.
The “best of the rest”–stories that caught MDN’s eye that you may be interested in reading: STEM training of area educators will help students prepare for future; Appalachian region consumers saved more than $75 billion over 10 years from lower natural gas prices; W.Va. lawmakers, associations weigh in on potential energy legislation; U.S. monthly crude oil production exceeds 11 million barrels per day in August; U.S. natural gas goes global; Facing Trump coal and nuclear push, new energy panel chief swears off politics; ‘Saudi America’ review: The truth about fracking?; Wind farms cause global warming? Please, say it isn’t so!; BP rebrands Lower 48 operations as BPX Energy; North America’s No. 2 shale producer to emerge from this merger; How Trump can undo America’s most expensive and least effective environmental law; Pieridae gets thumbs up for Goldboro LNG construction; M&A: Oil majors jockey for position to ride an LNG boom.
CNX Resources, formerly CONSOL Energy, issued its third quarter 2018 update yesterday. The company reports producing an average of 1.3 billion cubic feet equivalent per day (Bcfe/d) of gas, NGLs and oil, up 18% from 3Q17. They made $35 million in profit, up from a loss of $41 million for the same period last year. CNX drilled 23 Marcellus/Utica wells in 3Q18 using four rigs, and brought 35 wells online. Three frac crews completed 27 wells during the quarter. The 23 wells drilled over the past three months included: 15 Marcellus wells in Greene County, PA; 3 dry Utica wells in Westmoreland County, PA; 3 dry Utica wells in Monroe County, OH; and 2 Marcellus wells in Tyler County, WV. The company expects to produce close to 500 Bcfe for all of 2018. CEO Nick DeIuliis boasts, “the team is firing on all cylinders.”
Chesapeake Energy has just blown the minds (and confidence) of investors by plunking down $4 billion in cash and stock to buy WildHorse Resource Development Corp, a driller with big-time assets in the oily Eagle Ford Shale play in Texas. Investors didn’t like the news, punishing the stock by sending it 12% lower. Chesapeake Energy today is definitely not the same company it was even five years ago. Chessy was co-founded by the flamboyant Aubrey McClendon (God rest his soul). Aubrey, a landman by profession, founded the company as a natural gas driller–building it into the largest onshore natural gas-drilling company in the U.S. Today Chessy’s focus on gas is pretty much gone. While they still drill and maintain wells in both the Marcellus (in PA) and Haynesville (in Louisiana), most of the talk in Chessy’s 3Q18 update, which was issued yesterday, was oil, oil, oil.
“Come on Jim, quit writing so much about pipelines! Write more about upstream/drilling!” We have had MDN subscribers tell us that (no lie). But here’s the thing: What happens with pipelines *directly* affects what happens with drilling–the willingness of companies to drill more. Case in point: Over the past few weeks two new pipelines have come online: Williams’ Atlantic Sunrise and DTE Energy’s NEXUS. More capacity along Energy Transfer’s recently completed Rover also recently came online. The effect of the three combined has been dramatic. Production volumes have shot up another 1 Bcf (billion cubic feet) in the past month, to over 30 Bcf/d. And get this: While the Appalachian spot price for gas was $1/Mcf (thousand cubic feet) on Oct. 8 ($2 *below* the Henry Hub price), on Oct. 24 the Appalachian price was averaging $3/Mcf! Just 12 cents below Henry. A movement of $2/Mcf! Behold the power of pipelines and why we write about them so much.
EQT Midstream, which is about to be renamed to Equitrans Midstream Corp. in a few weeks, recently issued its third quarter 2018 update (same day that EQT the driller issued its update). As you know, the two are about to split and become two independent companies. As part of the EQT Midstream update, the new midstream company leaders spoke about Mountain Valley Pipeline (MVP), a 303-mile pipeline from West Virginia into southern Virginia. MVP has experienced a lot of setbacks, most of them from a campaign of lawsuits filed by Big Green organizations (like the odious Sierra Club). A new pipeline project related to MVP was mentioned prominently in this week’s quarterly update. The pipeline is called Hammerhead.
On Sept. 10, Energy Transfer’s 24-inch gathering pipeline in Beaver County, PA, called the Revolution Pipeline, caught fire and exploded during testing (see 
The man largely responsible for the huge success of Range Resources in drilling in the Marcellus Shale, Range’s former senior vice president in charge of the Marcellus, John Applegath, is heading to Huntley & Huntley to helm the drilling program there. Applegath recently retired from Range, but he’s not ready for the pasture just yet! He’s jazzed to be working with the much smaller H&H and the team they’ve assembled, to drill in the Pittsburgh area. H&H has roughly 100,000 leased acres in southwest PA.
Moody’s Investor Service is sounding the alarm with respect to oilfield services (OFS) companies and debt. In a publication for Moody’s clients issued earlier this week, analysts said OFS companies don’t have the means to pay back towering debt in the short term, and “limited options” when it comes to raising equity to improve liquidity. What it means is this: Companies like Schlumberger, Halliburton, and Baker Hughes a GE Company are heading for rough waters. However, the biggies, like the three we’ve mentioned, will probably be OK. But their smaller competitors, according to Moody’s, may not be OK.
A panel discussion at last week’s Shale Insight event focused on a pair of Pennsylvania lawsuits that has the potential (indeed already is) changing the drilling landscape in PA. The first lawsuit discussed was the decision from June 2017–“Pennsylvania Environmental Defense Foundation (PEDF) v. Commonwealth of Pennsylvania.” PEDF is an anti-fossil fuel group. They convinced the PA Supreme Court to issue a decision that tosses out a decades-old “balancing test” in decisions about drilling and instead said land-use and permitting decisions must now meet standards established by the state’s so-called Environmental Rights Amendment (ERA). The PEDF decision is creating big question marks for drillers and has spawned a flurry of lawsuits to define which standards to use. The second case discussed at Shale Insight was the “Briggs” case that tossed out the rule of capture in PA for shale drilling. Both cases have the potential to greatly limit Marcellus drilling in PA.