Posts Tagged ‘Marcellus Shale’

By Joe McDonald (Staff Writer)
Published: June 10, 2010

In a ruling with potentially far-reaching consequences in Pennsylvania’s lucrative and burgeoning natural gas industry, a federal judge in Scranton on Wednesday ruled a Susquehanna County landowner can sue Cabot Oil & Gas Corp. on the grounds it fraudulently misled him into a signing a lease at a lowball rate.

The suit, filed by John Kropa, is one of several cases across the state filed by landowners who claim natural gas drilling companies fraudulently induced them to sign leases that locked them into $25-an-acre rates. In a modern-day version of the California gold rush, companies have been rushing to make deals with landowners across Pennsylvania so they can tap into natural gas from the Marcellus Shale, a geological formation that runs under most of the state.

U.S. District Court Judge James M. Munley, in an eight-page memorandum and order, noted Cabot’s agents told Mr. Kropa that the company “would never pay more than $25 per acre for the lease,” yet his “neighbors were apparently paid more than $25 an acre for leases on their property.”

“They relied on this statement and signed the lease, only to discover later that these statements were false and that others had signed far more lucrative deals” with Cabot, Judge Munley said.

Cabot’s representatives also warned that if Mr. Kropa did not sign a lease, then Cabot would take it anyway by negotiating leases with neighbors and “capture the gas,” leaving Mr. Kropa “without a lease or gas on their land,” the memorandum stated.

Mr. Kropa signed an oil and gas lease with the West Virginia company in 2006 and received a $1,275 payment for allowing the company to explore his 51-acre spread in Brooklyn Twp.

Mr. Kropa’s claims are not unique, especially for many of the leases signed before 2008, said attorney Stephen Saunders, a Scranton energy attorney.

“I think the fraud type claims will most likely be significant in cases where individual plaintiffs own larger tracts of land, say more than 100 acres, or situations where small contiguous landowners control significant areas in the aggregate hundreds of acres or more and are litigating as a group,” Mr. Saunders said.

If Mr. Kropa is successful in proving he was the victim of fraud, he could theoretically renegotiate a new lease, assuming the company still wants the gas under his land.

Judge Munley’s court order also dealt with another volatile issue in the gas drilling business: royalty payments. Mr. Kropa along with other landowers had claimed they were shortchanged by the drilling companies because they were deducing expenses from the royalties.

Judge Munley said that issue had been dealt with by the Pennsylvania Supreme Court, which ruled the royalty agreement was valid under Pennsylvania law.

Contact the writer: jmcdonald@timesshamrock.com

View this article here.

Copyright:  The Scranton Times-Tribune

By Libby A. Nelson (Staff Writer)
Published: May 28, 2010

Families appealed decision

GREENFIELD TWP. – A decision on the fate of the first Marcellus Shale natural-gas well in Lackawanna County will be delayed for up to 45 days, as the township’s zoning board considers arguments over a zoning change that allowed the drilling.

Exco Resources (PA) Inc., a gas exploration company formerly named Exco-North Coast Energy Resources, drilled the well in late September and October. In December, a resident complained to township supervisors that the land where the well was located, on Route 247 adjacent to the Skyline Golf Course, was not zoned to permit gas drilling.

The family that owned the land requested a zoning change from commercial recreational to rural agricultural, which would permit drilling as a conditional use, and Exco agreed to stop work until the question was resolved.

The board of supervisors unanimously approved the zoning change in March. A group of six families opposed to the drilling appealed the decision, arguing in a hearing Thursday night that the change was an example of “spot zoning” and should not be permitted.

Spot zoning occurs when a municipality rezones a small parcel of land to permit uses that are not allowed on similar land in the surrounding area. Greenfield’s zoning law permits drilling in rural agricultural zones, but opponents of the change said that the drilling is at odds with the township’s rural atmosphere.

“In my opinion, it is not a compatible use,” said Marvin Brotter, a planning expert who testified that he believed the ordinance constituted spot zoning. “I would not want that use next to my residence.”

In Susquehanna County, drilling has ruined roads and produced “disturbing” dust and noise, said Victoria Switzer, who was party to a lawsuit over contamination allegedly caused by gas drilling near Dimock.

“It’s a total industrialization of a rural community,” Ms. Switzer said.

About 35 people, including some who testified, attended the appeal. The zoning board has 45 days to issue a written decision.

Contact the writer: lnelson@timesshamrock.com

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Copyright:  The Times-Tribune

Citing crime rise, truck-damaged roads, Rendell eyes fee. Drillers argue economic benefits ignored.

STEVE MOCARSKY smocarsky@timesleader.com

Pennsylvania’s state police commissioner on Monday raised concerns about an increase in crime associated with the natural gas industry, including the failure of some sex offenders employed by drilling companies to properly register in the state.

 Gov. Ed Rendell’s office cited those crime problems as well as road damage caused by overweight and unsafe trucks serving the natural gas industry as just two reasons a state severance tax should be imposed on the industry.

In a press release from Rendell’s office in Harrisburg, state police Commissioner Frank Pawlowski reported more arrests and incidents involving drugs, assaults and illegal weapons in northern Pennsylvania, where much of the drilling into the Marcellus Shale is taking place in the state.

“More and more, it seems the police reports coming out of the northern tier include arrests because of drug use and trafficking, fights involving rig workers, DUIs and weapons being brought into the state and not registered properly,” Pawlowski said.

“We’ve even encountered situations where drilling company employees who have been convicted of a sexual assault in another state come here to work and do not register with our Megan’s Law website. Each of these issues is unacceptable and places an even greater burden on our law enforcement and local social programs meant to help those in need,” he said.

Another aspect providing additional challenges to troopers working in the northern tier are overweight and unsafe trucks, Pawlowski said.

Pennsylvania Department of Transportation Secretary Allen D. Biehler said hundreds of miles of secondary roads in the northern tier have been damaged or made impassable because of heavy truck traffic associated with drilling activities. And while drilling companies have committed to repairing roads they use, Biehler said, their efforts have not kept pace with the damage in a number of cases.

“In a few cases, such as in Bradford and Tioga counties, we’ve had to close roads and revoke a drilling company’s permit to use those roads because repairs were not made in a timely manner. The condition of some of these roads has made travel a safety concern,” Biehler said.

PennDOT has ordered drilling companies to post bonds for 1,711 miles of roads, and that number is expected to double this year. Drilling companies have posted $16.1 million in security for bonded roads.

Pawlowski attributed much of the road damage to overweight trucks serving the gas industry. He cited a Feb. 9 enforcement effort in Susquehanna County that found 56 percent of 194 trucks checked were found to be over the weight limit. Fifty percent of those trucks were also cited for safety violations.

“These trucks are large and heavy, so for the sake of those drivers sharing the road with them, it’s important that they follow the law,” Pawlowski said. “We’re monitoring these roads closely and targeting areas where we know drilling-related traffic is heaviest, but it’s still important that anyone witnessing unsafe behavior on the part of drilling companies or their drivers report it to the state police.”

Pawlowski and Biehler both said the state and local governments need additional resources to address the problems that have accompanied the arrival of drilling companies.

Rendell has proposed a severance tax, which he says will ensure that the industry “pays its fair share and helps support the programs and services the state, counties and municipalities must provide to accommodate their presence.”

Under Rendell’s plan, the state would take in about $1.8 billion during the next five years, with $180 million of that being shared directly with local governments in areas where there is drilling activity. Local governments could then use those funds to repair roads and other infrastructure, bolster local law enforcement efforts or provide programs to help those in need.

A representative of Energy in Depth – an organization representing natural gas and oil producers – says state officials are ignoring the economic benefits of the industry when considering the severance tax issue.

“There used to be a time, and it probably wasn’t too long ago, when states were thankful for industries that found a way to create tens of thousands of new jobs and billions in annual revenue – especially during a deep recession,” Chris Tucker, a spokesman for Energy In Depth, said in an e-mailed response.

“If this is the way that state administrators show their thanks for bringing enormous economic opportunities to the Commonwealth, they sure have a funny way of showing it,” Tucker said.

Tucker also believes Pawlowski is using too broad a brush to paint an unfair picture of natural gas industry workers.

“The explicit suggestion by the state police that all natural gas workers in the state are a bunch of common criminals is especially reproachable and should be retracted and apologized for immediately,” Tucker said.

Copyright The Times Leader

Bill would have rollback taxes assessed only on land impacted by wellhead permanently.

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

Luzerne County Assessor’s Office Director Tony Alu still doesn’t know how Marcellus Shale development on land with “Clean and Green” designation will affect the land’s tax status.

“We don’t have a clear-cut plan yet. … I’m turning over every stone to get as much information as possible. We won’t be doing anything until I’m sure what our options are,” Alu said Monday.

Clean and Green is a program authorized by state law that allows land devoted to agricultural or forest use to be assessed at a value for that use rather than at fair market value.

The intent of the program, which is administered through county government, is to encourage property owners to retain their land in agricultural, open-space or forest-land use by providing real estate tax relief.

Property owners benefit through lower taxes as long as their land isn’t used for housing developments or other uses inconsistent with agricultural production, open-space or forest-land use.

If a property owner decided to use the land for a purpose inconsistent with the program, the landowner would have to pay “rollback taxes” – the difference between fair market value and use value of the land – for as many years as the property had been designated Clean and Green, up to a maximum of seven years.

Although it’s a state-authorized program, with maximum use values set annually for each county by the Department of Agriculture’s Bureau of Farmland Preservation, the bureau offers no guidance on how drilling for natural gas on a Clean and Green parcel would affect the tax status.

“The (state Farmland and Forest Land Assessment) Act is silent in that regard, so it’s left up to each individual county how to address it,” said bureau director Doug Wolfgang.

However, Wolfgang said, in March 2009, state Sen. Gene Yaw, R-Loyalsock Township, introduced a bill that would amend the act, allowing for natural gas drilling on Clean and Green land, with rollback taxes being assessed only on the portion of land that would be permanently impacted by a wellhead. State Sen. Lisa Baker, R-Lehman Township, was a co-sponsor of that bill.

Yaw represents Union and Sullivan counties and parts of Susquehanna, Bradford and Lycoming counties, which together boasted a total of about 200 natural gas wells by the end of last year.

The bill won Senate approval in February and is before the House for consideration.

Yaw has said the bill would provide counties across the state with “a consistent interpretation” to follow and would “help to prevent differing opinions on how many acres of roll-back taxes should be levied on landowners who have leased for natural gas development.”

He has said farmers and landowners need the bill to become law “so that there isn’t any confusion on how the Clean and Green Program operates.”

The bill also would exempt land with underground transmission or gathering lines from roll-back taxes and would allow for one lease for temporary pipe storage facilities for two years. Each property would have to be restored to its original use.

Regardless of whether the bill becomes law, Lake Township Supervisor Amy Salansky said neither she nor her husband, Paul, will have to pay rollback taxes on their Clean and Green land, on which EnCana Oil and Gas USA intends to drill a natural gas well in August. If county officials decide to assess rollback taxes, the lease with EnCana makes the energy company responsible for paying them.

Salansky noted neither she nor her husband own the mineral or gas rights to the land.

The couple bought the land after the owner died so they could farm it, but the owner had willed the mineral and gas rights to his nephew, who retained them in the sale.

The Salanskys are crop farmers, growing oats, corn and hay. They own and work more farmland nearby, Amy Salansky said.

Even if the entire 50-acre parcel is kicked out of the Clean and Green program, Salansky said she would reapply to have the parcel accepted back into the program, minus the 6 acres that would be used for the gas-drilling operations.

Steve Mocarsky, a Times Leader staff writer, may be reached at 970-7311.

Copyright: Times Leader

Jurisdiction over drilling for natural gas in the Marcellus Shale is subject of hearing.

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

HARRISBURG – The chairman of the state Public Utility Commission is confident that Marcellus Shale development will stabilize prices not only of natural gas, but electricity prices as well, and is thrilled the natural gas industry supports the PUC’s oversight of pipeline safety in Pennsylvania.

Commission members on Thursday heard testimony from representatives of the natural gas industry, a federal pipeline safety official, the state consumer advocate and the director of the Pennsylvania Association of Township Supervisors on the commission’s jurisdiction as related to Marcellus Shale development.

“I think everybody is in agreement that this increased gas supply, whether the gas is sold in Pennsylvania or not, is going to have a depressing effect on the wholesale price of gas,” PUC Chairman James H. Cawley said after the hearing.

Irwin “Sonny” Popowsky, of the state Office of Consumer Advocate, testified that the retail and wholesale price level of natural gas “has been on a roller coaster ride for years.”

He said an abundance of natural gas should stabilize and ultimately lower the price of gas and electricity so that it is affected by supply and demand rather than politics in the Middle East.

Commissioner Wayne Gardner said he’s heard that many roads were severely damaged under Chesapeake Energy traffic.
David J. Spigelmyer, vice president of government relations for Chesapeake, said a harsh freeze-thaw season and the fact that many roads were never constructed with proper foundations resulted in the need significant road repairs. But the company is bonded to repair those roads and has hired 23 road contractors in Bradford County to repair them.

David M. Sanko, executive director of the Pennsylvania Association of Township Supervisors, said his concern is that state law requires bonds for roadwork in the amount of $12,500, but it could cost up to $100,000.

Commissioner Robert Powelson asked how the commission can be confident that the “self-policing system (of the gas industry) will work and that safety will be maintained?”

Spigelmyer said the industry has worked closely with the state Department of Environmental Protection to ensure the industry meets state requirements and noted that permit fees that fund inspections climbed from $100 to about $4,000.

Alex Dankanich, general engineer with the U.S. Department of Transportation’s Office of Pipeline Safety, testified that of the 31 states that produce natural gas, only Pennsylvania and Alaska lack the statutory authority to regulate gas gathering pipelines.

Cawley noted that the administration had been pushing for the PUC to obtain inspection authority because the administration doesn’t have the manpower.

Dankanich said the PUC would be reimbursed 80 percent of the cost for inspecting non-Class I pipelines – those surrounded by 10 or fewer homes within 220 yards of a pipeline in a 1-mile stretch. Those lines are exempt from federal inspection.

PUC Vice Chairman Tyrone Christy asked if Pennsylvania should also exempt Class I pipelines from inspection.

Lindsay Sander, a consultant for the Marcellus Shale Coalition, said she was comfortable with the exemption given the low number of Class I problems.

Cawley said the natural gas industry “seems to be bending over backwards to be responsible. But you’ve got to have the rules in place for everybody, including the potential bad apples who are going to try and take shortcuts.”

He said the commission is not trying to economically regulate the gas production industry.

“We’re not going to try and set the rates. We just want safety jurisdiction, whether they’re a public utility or not. And … the industry coalition, which has 170 members, support us adopting the federal standards. … They’ve said that’s fine and they’ve said they’re willing to help pay for it on a per-mile basis,” he said.

Cawley said the commission has submitted proposed statutory language to House and Senate oversight committees related to PUC safety regulation.

“One part of it has already been passed by the House almost unanimously. It would increase fines for violations to the federal level. It would go from $10,000 per day to $100,000 per day and up to $1 million overall. House Bill 1128, that could be the vehicle for getting it done. The Senate could amend it and send it back over or the House could give us this additional legislation, but this is our top legislative priority – pipeline safety,” Cawley said.

He said he also asked the industry for a commitment to use PUC’s certificated trucks for hauling equipment and supplies, “and they’ve committed to that, which is good. We’ve increased carrier enforcement in that area because we discovered that in their haste to get supplies in, they weren’t using PUC certificated carriers.”

“We’ve increased our enforcement, … and now that they know we’re watching, they’ll be more careful about the carriers they use,” Cawley said.

Steve Mocarsky, a Times Leader staff writer, may be reached at 970-7311.

Copyright: Times Leader

The board is still considering building a second plant.

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

HANOVER TWP. – The Wyoming Valley Sanitary Authority board has decided not to treat wastewater from the Marcellus Shale gas-drilling process at its current plant, but is still considering building a second plant for that purpose.

Fred DeSanto, executive director of the authority, informed the state Department of Environmental Protection last week that the board wanted to withdraw an application to revise its current permit to allow treatment of wastewater high in total dissolved solids from gas and oil drilling operations.

After meeting with DEP officials, who explained the requirements the authority would have to meet for a revision, authority officials decided it would be too risky to contract with an energy company to accept 150,000 gallons of wastewater per day and possibly exceed the limits of dissolved solids imposed by DEP, said Robert J. Krehley, the authority’s director of administration and planning.

“We just knew that a good majority of the time, we’d be over the limits,” Krehley said.

DeSanto said the board is waiting to hear from a consultant it hired to look into the feasibility of constructing a stand-alone plant.

John Minora, president of Pennsylvania Northeast Aqua Resources, said his staff is still researching some technical issues, but he expects to make a recommendation to the board at the next meeting on April 20.

Minora said he’ll likely recommend constructing a second plant because it would benefit the authority and ratepayers as well as energy companies; it’s just a matter of working out details based on data he is still waiting to receive.

Disposing of wastewater in Hanover Township would save energy companies in transportation costs, given that the closest treatment plant that can process drilling wastewater is in Williamsport, and the next closest is in Somerset County. The Williamsport plant doesn’t have the capacity for wastewater from all nearby drilling sites, he said.

Minora said a “closed-loop” treatment plant would remove solids from the water; the solids would be disposed of in landfills. The treated drilling water would be high in chloride and diluted with treated water from the authority’s current treatment plant; that blended water could be sold back to drilling companies to re-use in drilling operations.

Given that the current plant would be discharging less treated water into the Susquehanna River because it would be added to the treated drilling water, the authority would in turn discharge less nitrates and phosphates into the river. The authority could then sell credits to other treatment plants that discharge nitrates and phosphates in excess of state limits, Minora said.

The additional revenue could be used to stave off rate increases to customers.

Steve Mocarsky, a Times leader staff writer, may be reached at 970-7311.

Copyright: Times Leader

Although signing bonuses generate an enormous amount of interest because they are guaranteed income, royalties can be significantly higher. A royalty is a share of a well’s income. The customary royalty rate is 12.5 percent of the value of gas produced by a well. Higher royalty rates are sometimes paid by aggressive buyers for highly desirable properties.

The royalties paid to eligible property owners from a well yielding over one million cubic feet of natural gas per day can be hundreds of thousands of dollars per year.

If the Marcellus Shale holds up to the optimistic expectations of some natural gas experts, Pennsylvania, Ohio, New York and West Virginia could temporarily have an enormous boost in income that might be sustained for a few decades.
Copyright: Geology.com