Posts Tagged ‘Luzerne County’

Company files documents to drill in Luzerne County, has leased 17,500 acres.

By Jennifer Learn-Andesjandes@timesleader.com
Luzerne County Reporter

Natural gas drilling may be about to boom in Luzerne County.

Denver-based WhitMar Exploration Co. recently submitted 200 lease documents to ensure that they have the correct property identification numbers, or PINS. Pin certification is required before the leases are officially recorded in the county recorder of deeds office.

The documents show the company has acquired drilling rights on 5,440 acres in Harveys Lake and the following townships: Ross, Lake, Lehman, Fairmount, Union, Huntington and Jackson.

WhitMar representative Brad Shepard said the company has leased 17,500 acres in Luzerne County to date, with more planned. Shepard said he was too busy with planning meetings Tuesday to explain how the drilling will be executed.

Beth Chocallo, a Lake Township property owner who agreed to lease her 3.29 acres to WhitMar, said she and her husband, Richard, were connected to WhitMar through a seminar.

The couple did not receive any upfront payment, she said. Instead, WhitMar will pay a lease rental after the first year or two and a percentage of the profits if natural gas is extracted, Chocallo said.

Chocallo she is optimistic that gas will be found because she doesn’t believe WhitMar would invest in the time and expense of preparing leases without a strong likelihood.

“Who knows where the gas pockets will be found? It’s not a definite,” she said.

WhitMar plans to grid out territories, paying a profit percentage to the owners of all leased property within that grid if gas is extracted, Chocallo said.

She does not believe a drilling rig will be installed on her property because the parcel is on the smaller side compared to others being leased, but she can’t rule out the possibility. Her main concern was that drilling would cut off or diminish her water supply, but she said WhitMar assured her that the company would replace the well and furnish water if that happens.

The lease documents filed in the county do not contain any details about what will be paid to the property owners.

Property owners are leasing WhitMar the exclusive right to explore for and develop oil and gas, the documents say.

That right includes use of the property for the drilling of oil and gas wells and installation of roads, pipes, pumps, compressors, separators, tanks, power stations and any other necessary equipment, the documents say.

Most, if not all, of the leases are for one year, with the option to extend for an additional 11 years or longer.

Of the 200 leases, Fairmount Township had the most property signed with WhitMar – 2,512 acres – followed by Ross Township with 1,205 acres.

Here’s a breakdown of the other leased acreages: Harveys Lake, 58; Jackson Township, 99; Union Township, 102; Huntington Township, 361; Lake Township, 463; and Lehman Township, 640.

Founded in 1979, WhitMar is a private energy operation actively engaged in drilling and developing natural gas and oil prospects in the United States, according to the company’s Web site.

Jennifer Learn-Andes, a Times Leader staff writer, may be reached at 831-7333.

Copyright: Times Leader

Firm accused of causing gas infiltration, but it’s unclear if rules knowingly violated.

By Rory Sweeneyrsweeney@timesleader.com
Staff Writer

Cabot Oil & Gas Corp. caused natural gas to infiltrate into at least nine homes in Susquehanna County, according a letter of violation from the state Department of Environmental Protection, but it remains unclear whether Cabot knowingly violated any regulations.

“The more important part of the investigation is still ahead of us,” DEP spokesman Mark Carmon said. “We know where it came from. The two more important things are how did it get there … and more importantly, how do we get it out of the wells.”

The company, however, is not confident in DEP’s findings, according to spokesman Ken Komoroski, believing the letter is “unnecessary” and claims as fact conclusions that haven’t been proven.

The situation has become an example of a statewide issue regarding the unknown consequences of gas drilling. Water contamination concerns have caused environmental agencies, including DEP and the Susquehanna River Basic Commission, to increase their regulation and oversight, hindering drillers’ efforts to secure permits quickly.

The letter cites Cabot for an “unpermitted discharge of natural gas” into state waters, for failure to prevent the discharge and failure to submit certain records on time. Though no financial punishment has been levied, Cabot was told to install gas detectors in nine homes where methane was detected in water wells and to continue providing water to four of those where there’s a safety threat from gas buildup, Carmon said.

“It’s disappointing to have a letter which is, at best, premature directed to the company that it violated environmental standards when that conclusion hasn’t been reached yet,” Komoroski said. “We’re hopeful, and I stress hopeful, that our hydrogeologist will actually be able to determine what caused the natural gas to be in the water. We don’t know that we’ll be able to do that.”

Cabot hit a bump on Jan. 1 in its exploration for natural gas in the Marcellus Shale when the cap exploded off a private water well near one of the company’s drilling sites.

While drilling hasn’t come to Luzerne County yet, companies have expressed interest in properties along its northern border. Fairmount Township Supervisor David Keller said several properties have been leased for years, and hundreds of acres, including his 90, were scheduled to be leased before the economic recession hit the industry. “The economy fell apart before they got the money to us,” he said.

The company and DEP agree that the gas isn’t from Marcellus Shale, a pipeline leak or naturally occurring sources above ground. They also concur that the gas is likely from a gas-laden upper layer of underground Devonian shale, of which the Marcellus Shale is a component but thousands of feet deeper, Carmon said. Marcellus Shale is generally at least 5,000 feet underground, while DEP determined the gas contaminating the water wells came from a shale layer roughly between 1,500 feet and 2,000 feet deep, Carmon said.

The company has cemented the upper Devonian shale layers of several wells, effectively extending the cement seals from the bottom of the water-bearing region, where the seals usually stop, to the bottom of the upper shale layers. The department has been trying to isolate the exact source of gas, seeing whether the extended seals produce a drop in water-contamination levels, Carmon said.

Because the method of contamination hasn’t been determined, Carmon said it’s too early to tell if Cabot knowingly violated regulations. “I’m not aware of anything blatant or anything like that, but, again, we want to know how did it happen,” he said.

Komoroski said the company is concerned about the effect the letter will have on its public image, particularly since it questions many of the department’s conclusions. It believes it filed all drilling reports on time, and that the gas detectors aren’t necessary. In fact, Komoroski said, the product DEP suggested Cabot buy wasn’t even a gas detector.

Cabot plans to meet DEP’s deadline for a response and is also scheduling an in-person meeting, as requested.

Copyright: Times Leader

Bill, 2 Supreme Court decisions could alter how operations are taxed, located.

By Rory Sweeneyrsweeney@timesleader.com
Staff Writer

Three recent state-level actions – a legislative bill and two state Supreme Court decisions – could affect how natural gas wells are sited and taxed. Earlier this week, state Rep. Bill DeWeese, D-Greene County, proposed a bill to tax underground gas deposits by adding their assessed values to property taxes. The driller would pay, and the tax revenue would, for the first year, be used to reduce the municipality’s millage to equal the previous year’s tax revenue. The millage – a dollar tax on every $1,000 of assessed property value – could be increased in subsequent years.

“If a municipality needs the same amount of money as last year, then yes, the millage would go down. But, the reality is they’re probably going to keep ours the same and get more money from them (the drillers),” said Marianne Rexer, a business professor at Wilkes University.

The bill is in response to a 2002 state Supreme Court decision that no law exists to tax natural gas, as there does to tax coal and other minerals.

Stephen Rhoads, president of the Pennsylvania Oil and Gas Association, said the tax wasn’t utilized by many counties before, and “it is a false hope that this is going to bring a revenue stream to counties and school districts any time soon.”

The state Supreme Court ruled in February on two western Pennsylvania cases regarding municipalities’ rights to restrict drilling.

In one case, the court found municipalities can’t control where drilling infrastructure is permitted, as that would interfere with regulations already promulgated in the state Oil and Gas Act.

But they can indicate in which zoning districts drilling may be allowed “in recognition of the unique expertise of municipal governing bodies to designate where different uses should be permitted in a manner that accounts for the community’s development objectives,” the court’s opinion states in the other case.

The ruling might not have much effect in the Northeastern Pennsylvania municipalities of interest to drillers. Many don’t have zoning ordinances, and others, such as Fairmount Township in northwest Luzerne County, want less restrictive ones.

Several landowners have sought drilling leases, township Supervisor David Keller said, and he has no interest in restricting their options. The township now yields to the county’s Planning and Zoning office, but Keller said the township is looking into writing its own zoning ordinance because “it would give us more leeway to let people do more with their property as they see fit.”

Copyright: Times Leader

More than 650 acres are available. Drilling firms being contacted directly.

By Rory Sweeneyrsweeney@timesleader.com
Staff Writer

Luzerne County began seeking bids Monday to lease more than 650 acres at Moon Lake Park for natural gas drilling.

In an effort to entice a bidder, county engineer Joe Gibbons said he is contacting drilling companies directly.

“I’m trying to swing it in our favor. I’m sending e-mails out to the gas industry to see if anyone’s interested in receiving a set of bid documents,” he said. “It’s up in the air because the commodities are in the tank right now. … I’m kind of optimistic. I hope we get somebody.”

Potential bidders can review and pick up the documents at the county property and supply office in Penn Place at 20 N. Pennsylvania Ave., Wilkes-Barre. The bids are due by 2 p.m. April 23, but must be pre-qualified by April 9.

The proposal is modeled, Gibbons said, on that used by the state Department of Conservation and Natural Resources.

The request for proposals was structured, he said, so that the county receives several revenue sources from the deal and retains authority over where drill pads would be located in the park. “The last thing I want to do is make the place look like an open construction site. I want to maintain its recreational integrity. It’s just a unique project,” he said.

The county would receive income from the rental of the drilled acreage; the sale of the timber felled when preparing the drilling sites; other marketable fluids, such as methane or oil, that are extracted from the drilling; and storage fees for gas that is stored when an exploratory well is drilled, but capped until it can be hooked up to a pipeline, he said. “They can have the storage, that’s fine, but we get the storage rental,” he said.

All bidders would have to offer at least 16 percent royalties on the price at the well head for any marketable fluids it produces, he said.

The winning bidder will offer the highest initial-year rental fee for the acreage, he said, which was set for at least $500 per acre. After that, the fee drops to between $10 and $20 per year, he said, but there is a stipulation that drilling begin within a year.

The winning bidder would post three bonds, including one to ensure the site is restored after drilling concludes, he said. “I put restrictions on where they could take water from and how much they could take, even above and beyond what DEP (the state Department of Environmental Protection) would issue in a mining permit,” he said.

The bids would also have to be pre-qualified to ensure they are from actual drilling companies planning development and not land-holding companies expecting to resell the land, he said. “If we do get a lease, I want to deal directly with the gas company. I don’t want to go through a middle man,” he said.

Copyright: Times Leader

Gas drillers’ access to Harveys Lake water doesn’t seem likely.

HARVEYS LAKE – The borough is girding itself against potential plans to use lake water for natural-gas drilling, but the state Department of Environmental Protection thinks attempting to gain access to the water might be more trouble than it’s worth.

At its recent monthly meeting, borough council had solicitor Charles McCormick write to the Susquehanna River Basin Commission noting in the letter that the council “strongly opposes &hellip any consumptive use of water from the tributary system of Harveys Lake.”

Council became concerned after receiving a phone call and a notice. The notice was of Chesapeake Energy’s request to increase its one-day water-removal limit from the basin to 20 million gallons, and the phone call was from an engineering firm representing a gas company.

Brent Ramsey, an environmental scientist with Harrisburg-based international engineering consulting firm Gannett Fleming, had asked who owned the water rights at the lake and if the water could be procured for a well-drilling client, borough secretary Susan Sutton said.

He also called the borough’s Environmental Advisory Council asking similar questions, EAC secretary Denise Sult said.

Ramsey said the client directed that the operation be kept confidential, but acknowledged that his company’s involvement is in securing water-use permitting and that approval for a source of water hasn’t yet been secured. He refused to comment on whether the lake was still a target or if other sources were being sought.

Tapping the lake’s resources might prove difficult, however, said DEP spokesman Mark Carmon. “There’s been a long-standing question mark about who owns the bottom of the lake,” he said. “It’s probably a lot more complicated that it’s worth, in a legal sense, for anybody.”

He said the borough doesn’t own the water and individual lakefront landowners would have to be contacted. Deeds would have to be checked for exact descriptions of how far out into the water each property border protrudes. Any user-landowner agreement would still need to get SRBC approval “and face the wrath of the neighbors on each side of them,” he said.

“We think that’s the way it would play out,” he said.

He said that he wasn’t aware of any proposals or approvals of water usage in Luzerne County for gas drilling.

Rory Sweeney, a Times Leader staff writer, may be reached at 970-7418.

Copyright: Times Leader

YOU CAN practically hear the Luzerne County Commissioners yelling: “Eureka! Thar’s treasure in them thar’ hills.”

The trio knows that – much like a century ago – a potential financial bonanza lies below our feet in the form of a coveted fuel. This time, it’s not anthracite.

Instead, companies aim to extract natural gas from deep below Northeastern Pennsylvania’s crust, using new drilling technology to tap a rock formation known as the Marcellus shale. The drillers, and speculators hoping to profit by hoarding land-lease agreements, have knocked on doors throughout the region, promising to put money in the pockets of cooperative property holders.

Luzerne County officials rightly recognize that this region’s (second) energy revolution offers a rare opportunity.

If handled properly, it can provide a much-needed source of relatively inexpensive fuel for home-heating and other purposes. Plus, the industry can be a significant money-maker for private landowners as well as public entities, including the commonwealth (which controls state forests and game lands) and the county.

Pennsylvania’s natural gas boom, therefore, deserves to be handled with extreme care so that current residents and future generations reap the full benefits. The approach will require specialized knowledge of geological, environmental and legal issues, coordination among all involved parties and patience.

With no disrespect intended, this is not a job for the Luzerne County Commissioners to attempt on their own.

Commissioner Greg Skrepenak’s proposal to create a gas exploration task force, which will involve professionals, makes sense in the short term. After studying the issue, however, this task force might decide it’s more sensible to combine efforts with a regional or statewide group that has even more expertise and can leverage the best deals on behalf of the taxpaying public.

The commissioners could vote as soon as Wednesday to request proposals for drilling in the county-owned Moon Lake Park area. What’s the rush? Most advisers have been telling private property owners that there is no need to leap on this bandwagon; indeed, better deals probably can be secured at a later time and by coordinating efforts with surrounding property owners rather than trying to compete with them.

In recent years the county has entered into some poorly arranged contracts, such as the juvenile detention center deal. The stakes are too high to botch this one.

Unfortunately, the current commissioners might see natural gas leases as an easy out – an escape from the burdensome budget deficits that have become all-too typical here in recent years. It would be a mistake, however, to make hasty decisions for short-term gain that could impact this region and its residents for the next century.

Luzerne County

officials rightly recognize that this region’s (second) energy revolution offers a rare opportunity.

Copyright: Times Leader

Commissioners consider asking for proposals to drill at Moon Lake Park.

Having witnessed the natural-gas drilling boom both in other counties and for some local residents, Luzerne County officials are considering the windfall potential for county lands.

At its meeting on Wednesday, the county commissioners are expected to approve issuing a request for proposals to drill in a little more than 2,000 acres in Moon Lake Park. They’ll also likely vote on creating a gas exploration task force proposed by Commissioner Greg Skrepenak.

Commissioner Steve Urban said he’s been following the gas progress for about six months and feels now is the time to offer the park lands because surrounding landowners are seeking leases as well.

“People are already interested in the land around Moon Lake, and I’m optimistic they’d be willing to talk to us,” he said. “It’s good to be proactive.”

He said the going rates seem to be between $2,600 and $3,200 signing bonuses per acre and perhaps 18 percent royalties.

Beyond the benefits to the county, he suggested local customers would find a benefit in receiving domestically produced natural gas.

He said the drilling wouldn’t affect plans to construct mountain-bike racing courses there.

Skrepenak said he’d likely support offering the lands for leasing, but said the county should have fully researched the topic first.

“I definitely think we need to take this issue as far as we can,” he said.

The task force would gather information, but also be a source for residents and local companies seeking work with the gas companies, he said. It should be made up of county officials, other public officers and experienced professionals, he said.

The shale drilling has shown to be “recession proof” in Texas, he said, which is why he finds it an exciting consideration. “It is the hot topic,” he said. “It’s been seen as a positive thing for the most part.”

Dave Skoronski, director of the county Geographic Information System/Mapping Department, noted there are promising signs that companies are considering the county. Several companies in related industries have come to his office to buy the county’s map data.

“They’ve been coming, and some people who work at the desk said they were doing gas research,” he said, noting that Burnett Oil Co., Inc., Mason Dixon Energy, Inc. and Elexco Land Services, Inc. have purchased map information.

Panel created

Luzerne County Commissioner Greg Skrepenak was named to the County Commissioners Association of Pennsylvania’s Natural Gas Task Force.

The group has been established to identify issues related to exploration and development of natural gas in Pennsylvania and to advise on policy related to those issues. Skrepenak participated in the task force’s first conference call on Sept. 26.

Copyright: Times Leader

But experts say that doesn’t mean drillers won’t eventually explore here.

None of the 73 permits the state Department of Environmental Protection issued Wednesday for natural gas wells in the Marcellus Shale was in Luzerne County.

That doesn’t necessarily mean drillers aren’t interested in looking for gas here, experts say. But a combination of factors may slow activity compared to other parts of the state.

“I’m sure it’s still in the mix,” said Stephen Rhoads, president of the Pennsylvania Oil & Gas Association. “The work in trying to explore and analyze for natural gas in the Marcellus Shale in the region … is only beginning in the northeast” region of Pennsylvania.

Energy companies and geologists have estimated for decades that billions of dollars worth of natural gas is locked in a layer of rock called Marcellus Shale that runs about a mile underground from upstate New York down to Virginia, including through the northern tier of Pennsylvania. Only recently have technological advances and higher energy prices made extracting the gas financially feasible.

Western Pennsylvania has much more drilling infrastructure, such as wastewater treatment facilities, than this region, Rhoads said, which explains why the majority of the permits issued on Wednesday were for western counties.

He also attributed the companies’ deliberate pace to budgetary constraints, a lack of drilling rigs and an incomplete grasp of the geology.

“It takes a lot of time and money to understand what lies more than a mile underground,” he said. “These companies are investing a lot … to make sure they get it right.”

While some properties have been leased in the northwestern section of Luzerne County, Mark Carmon, regional DEP spokesman, said there are no drilling permits in the county. He was unaware of any awaiting approval, either, but cautioned that doesn’t mean county landowners have missed the windfall.

All the assurances don’t make the waiting any more palatable for landowners.

“It’s pretty frustrating,” said Jack Zucosky, whose Luzerne County Landowners group is looking to get its more than 6,000 acres leased. “We’ve been close a few times with a few companies, but nothing definite yet.”

He’s confident Luzerne County property will get leased, but not until next year at the earliest.

“I really think what’s going on here is natural gas (prices) dropped a lot, and these companies are having cash flow problems,” he said. “It’s a waiting game right now.”

Rory Sweeney, a Times Leader staff writer, may be reached at 970-7418.

Copyright: Times Leader

Gas-drilling leases negotiated in Wyoming County, not coming as quickly here.

TUNKHANNOCK – While Wyoming County landowners are heavily involved in the regional natural-gas boom, almost all Luzerne County landowners are out of luck, at least for now.

“It’s not always fun. There’s going to be some angst, there’s going to be some anxiety,” said Jack Sordoni, who heads Wilkes-Barre-based Homeland Energy Ventures LLC.

Energy companies and geologists have estimated for decades that billions of dollars of natural gas is locked in a layer of rock called Marcellus Shale that runs about a mile underground from upstate New York down to Virginia, including the northern tier of Pennsylvania. Only recently have technological advances and higher energy prices made extracting the gas financially feasible.

Speaking during a meeting Wednesday evening at the Tunkhannock Area High School, the Harveys Lake native said oil companies aren’t yet interested in crossing the county border. He said his family’s land in Wyoming County has been leased, but companies have refused to consider contiguous land across the county line.

However, Chris Robinson, who is brokering leases in Wyoming County for nearly $3,000 per acre and 17 percent royalties, said he’s already leased the western edge of Fairmount Township in northwestern Luzerne County.

Sordoni added that Dallas, Lake and Franklin townships are areas “Chris and I are hearing (about) repeatedly” and are “still very much prospective and in play.”

Luzerne County landowners anxiously awaiting a lease offer probably won’t have to wait long for an answer. Robinson, who’s from Allegheny County, said he planned to continue negotiating leases in the area until the gas companies are no longer interested.

“I don’t think it’s going to take that long. It’s measured in months at most,” he said.

The wait might, however, offer local landowners examples to consider. Unlike other land groups, the Wyoming landowners rolled all their concerns into the lease instead of adding addendums.

“The difference is this is our lease. This is about us,” said Chip Lions, a member of the group who’s now doing lease work.

The meeting was sponsored by Stone House Wealth Management LLC, a Montrose-based financial planning firm that’s advising landowners and selling them investment portfolios. The company, which started the www.nepagas.com Web site, got involved a while ago “because we saw where this was going to go,” said John Burke, an investment adviser with the company.

The good news, Robinson said, is that he can get leases for any property within the companies’ interested regions, no matter the size.

“I can’t tell you how many I’ve signed for 1 acre or less,” he said.

Additionally, he said that while some gas companies might honestly stop leasing, other companies new to the area desperately want in on the drilling rights. And, he said, they can check for clear land titles within five days, contrary to the three months they tell most land groups.

For landowners concerned about environmental problems, he said state agencies are good at watching drillers, noting his own enforcement experiences.

He warned, however, to not go it alone.

“The mass of ground gets people the best deal, period,” he said. “People who break away, you may be penalized and you may be penalizing your neighbors.”

Rory Sweeney, a Times Leader staff writer, may be reached at 970-7418.

Copyright: Times Leader

Topics like reporting leasing income, transferring leases to beneficiaries to be covered.

The temptation to just sign could seem irresistible. With a few strokes of the pen, some people in the region are being offered the chance to completely change their lives with natural gas leases.

But first, they’re warned, make peace with the fact that the next person will get more. Check the maps, they’re told, check the deed, hire a lawyer, test the water. How much environmental damage is acceptable? How about hassles to daily life?

For those not involved, think Beverly Hillbillies, minus that improbable shot, and then exchange the endearing high jinks for hours of tedious title searching, legal work and stressful decisions with lifelong implications.

So who could blame anyone for simply signing and hiding behind the wads of cash? Well, their children, for one. Because with the great benefits of gas royalties come the great responsibilities of taxation and profit allocation, and, if they’re ignored, the great headaches of the judicial system and familial infighting.

“People are just seeing the (money) as a way to pay taxes … and not thinking about having to report it to the IRS and the tax implications that could have on them … or thinking about general financial planning or investing,” wrote Donna Skog Grey in an e-mail.

Grey, who works for the Penn State Cooperative Extension in Luzerne County, says the extension has been fielding questions on gas leases, environmental issues and lessee rights. What to do with the money, however, hasn’t come up often, she noted, which is why the extension is sponsoring workshops on what to do after the lease is signed but before the money rolls in.

One is planned for Lake-Lehman Junior/Senior High School on Aug. 25.

“There may be some strategies available to reduce the income tax,” said Dale Tice, an attorney with Greevy & Associates, a Williamsport law firm consulting on gas leases. “That’s something they would want to work out with their accountant or financial advisor prior to receiving the payment.”

The workshop will cover various topics, including how to report leasing income – the cash bonuses are just like regular income – transferring leases to beneficiaries and investment options.

“Certainly the cash-bonus payment is an issue,” Tice said. “It could push somebody up into a higher tax bracket. … You’re looking at a large potential tax hit, and without using the strategies that are available, you’ve got issues (in the event of) divorce, creditors.”

To add to confusion, there are health-care implications with elderly lessees who are currently eligible for Medicare or Medicaid, he said.

He noted some families are creating limited-liability companies to distribute the proceeds, and that family limited partnerships can make dividing up ownership of the lease similar to issuing stock.

“Really, the issue here is providing governance, keeping the parents in control of the resource while they’re alive, but at the same time providing for an orderly and easy shift of equity to the next generation,” Tice said. “I don’t think that you have to have it necessarily worked out before you receive your cash-bonus payment, but certainly there’s no disadvantage to thinking about these issues earlier rather than later.”

If you go

A natural gas-leasing workshop entitled “Managing Natural Gas Lease and Royalty Income” is scheduled for 7 p.m. to 9:30 p.m. Monday, Aug. 25 at the Lake-Lehman Junior/Senior High School. The cost is $10 per person. To make reservations, call the Penn State Cooperative Extension at 1-888-825-1701.

Rory Sweeney, a Times Leader staff writer, may be reached at 970-7418.

Copyright: Times Leader