Chesapeake Settles NEPA Royalty Lawsuit for Pennies on the Dollar
Chesapeake Energy has, according to the Pittsburgh Post-Gazette, “reached a $7.75 million settlement agreement with about two-thirds of its Pennsylvania natural gas royalty owners.” At the end of last year Chesapeake Energy offered a $30 million deal to Pennsylvania landowners to settle claims the company had screwed them out of royalty money by artificially inflating post-production costs in an elaborate scheme to pocket more money at landowners’ expense (see Chesapeake Agrees to $30M Royalty Settlement for PA Landowners). Chesapeake’s proposed deal last year would have given the average PA leaseholder (some 14,000 of them) a one-time $2,140 payment–adjusted up or down for the size of their acreage. This new deal, for 10,000 of the same leaseholders, offers $7.75 million–an average of $775 per landowner. Which is piddly. It’s nothing. An insult. Last year Chesapeake’s deal with leaseholders required the state Attorney General’s office, which has an ongoing, separate lawsuit filed against Chesapeake over the same issue, to settle as well. The AG’s office refused (see PA AG Not Backing Down re Chesapeake Energy Royalty Lawsuit). In fact, the AG’s office is still refusing to settle, with this new deal. Yet now Chesapeake is willing to move forward without the AG as part of the settlement. Heck yeah! Convince these desperate folks to take, literally, pennies on the dollar. What company wouldn’t go for that deal? Any way you slice this, northeast PA landowners are getting screwed if they agree to Chesapeake’s deal. They get a maximum of 8% back of the inflated “costs” Chesapeake originally deducted from royalty checks. We suppose some will say 8% now is better than maybe nothing or very little years from now. We don’t see it. We see these good landowners getting shafted in this deal…
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Pssst. Don’t tell anyone, but somebody has figured out how to get a pipeline built in New England. Keep it quiet–just between us, K? Time after time we’ve seen worthy, sensible natural gas pipeline projects proposed for New England. And time after time they’ve been shot down by radical Big Green groups and sleazy politicians (like MA Sen. Elizabeth Warren and MA AG Maura Healey) who are in the pockets of Big Green. Instead of building a pipeline from the Marcellus to New England–a few hundred miles–those same sleazy politicians would rather have Russian LNG imported to avert annual energy crises (see 
Last week our favorite government agency, the U.S. Energy Information Administration, posted an article on their Today in Energy website chronicling an astonishing fact: By the end of this year, nearly 19 billion cubic feet of natural gas pipeline capacity will be moving natgas *into* the South Central region–in other words, gas moving into the Gulf Coast of Texas and Louisiana. That is truly astonishing, because a few short years ago the Gulf Coast (largely from offshore supplies) shipped gas *out of* the region. But now, gas will flow into that region, even amidst record natgas production happening in the Permian Basin. What caught our eye about the article is that 2.8 Bcf/d of gas that will flow into the region will come from the Marcellus/Utica, from three pipelines: Rayne XPress, Gulf XPress, and Atlantic Sunrise. Rayne XPress went online late last year (see 
West Virginia has just published a draft revision for terms and conditions under which the state will issue a “Section 401” water permit for federally approved pipeline projects. Under the federal Clean Water Act (CWA), the federal government delegates some of the responsibility in approving a pipeline project to the individual states. It’s a small but important part of the regulatory pie. Under Section 401 of the CWA, states get one year to review a pipeline project–to evaluate where that project will cross streams and rivers. If the state doesn’t like something about the plan, they tell the pipeline company and the plan gets revised. That’s how it’s supposed to work. Instead, some states (like New York) are abusing Section 401 and simply refusing to issue the permit, effectively killing entire pipeline projects. That’s not the intent of the regulation, something Congress is now looking to fix. We can’t have tinhorn dictators like Andrew Cuomo telling other states (like Pennsylvania) that you can no longer build pipelines into or through a neighboring state. That’s why approval of interstate pipeline projects resides at the federal level and not the state level–to prevent one state holding another hostage. WV has had some issues of their own with respect to Section 401 approvals (see 
Williams, after years of saying it would so, finally bought out and merged in its Williams Partners MLP subsidiary. The on-paper $10.5 billion merger happened last Friday. Williams originally planned to do this in May 2015 in a deal worth $13.8 billion (see 
The “best of the rest”–stories that caught MDN’s eye that you may be interested in reading: Eight permits awarded in OH Utica last week; another surcharge on your PA gas bill?; WV gas industry pushing for electric plants; fracking industry in Pittsburgh offers a different sort of high-tech job; WVU shale lab digs into M-U permeability testing; water company ordered to pay back wages; Cheniere inks 25-year deal with Taiwan; Toshiba looks to unload US LNG contracts; Bank of the West turns hostile to fossil fuel industry; Solaris Oilfield hires former Range Resources COO for board; and more!
Below is an audio recording (“podcast”) featuring the Top 5 stories most read over the past week on MDN. Just click on the green button to listen. Below the recording is a list of the Top 5 with links to click to read the full stories (available only for subscribers). This list is meant as a way for folks to quickly catch up on the most essential news of the week–“essential” as determined by MDN’s audience of readers. Enjoy!
A boatload of anti fossil fuel zealots from Cooperstown put down their wine glasses long enough to pack an auditorium in nearby Oneonta to bloviate against a sensible plan to build a CNG “decompressor” facility to accept trucks loaded with CNG during wintertime and summertime when area supplies of natgas get dangerously low. We wrote about the proposed facility, described as “a decompression station for compressed natural gas deliveries by truck to supplement resources” two weeks ago (see 
Ever hear of a PILOT? No, not the airplane kind. A PILOT is a “payment in lieu of taxes”–a common arrangement for electric generating plants. If such plants paid property taxes at full market value, the taxes would be so insanely high the plants would be uneconomical and therefore wouldn’t get built. So PILOTs are used instead. Such an agreement was recently reached between EmberClear and Harrison County, OH. In September 2016, MDN reported that EmberClear planned to fund and build a new $900 million electric generating plant in Harrison County (see 
For some reason, Competitive Power Venture (CPV) picks states that are adamantly opposed to new gas-fired electric plants as the location for new projects. We wrote yesterday about CPV’s project in Orange County, NY. With four days left before CPV was due to throw the switch and start the plant, the very corrupt Gov. Andrew Cuomo pulled the rug out from under them (see 
A federal judge turned down a request by six Franklin County, VA landowners to shut down construction of the Mountain Valley Pipeline (MVP) in their area. The six claim that work being done by MVP is leading to soil erosion–that storm water runoff has resulted in mountains of mud ending up on their property. The legal argument is “trespass” for failing to do the work correctly, thereby leading to an intrusion on their property. The judge denied the request. However, the judge did not toss out the entire lawsuit–only a request for a preliminary injunction. The lawsuit itself will continue. Not that it makes much of a difference. All work on MVP is currently stopped anyway (see 
Pennsylvania Gov. Tom Wolf’s Administration has been fiddling with proposed regulations to cut down on so-called fugitive methane emissions from drilling and pipelines for years. The regulations are known as General Permit 5 (GP-5) and General Permit 5A (GP-5A). GP-5 applies to pipelines and compressor stations, while GP-5A applies to well pads and drilling. In June, the PA Dept. of Environmental Protection (DEP), author of the revised regs, published its final final final final version of the regs (see 
Just yesterday we posted an article observing that today, Friday, is Federal Energy Regulatory Commission (FERC) member Rob Powelson’s last day on the job (see