Posts Tagged ‘natural-gas leases’

Holdouts wonder if someday they’ll be forced to enter into natural-gas leases.

By Rory Sweeneyrsweeney@timesleader.com
Staff Writer

With more than 150 acres between her and her parents, Maria Rinehimer’s family could stand to make a tidy profit off natural-gas leasing. But their banker won’t need to worry about clearing out room in the vault any time soon – the family’s not interested.

“I think it’s a really bad thing for the area. If something happens, like a spill or something, I don’t think they’re going to clean it up for us. I think we’re going to be stuck with it,” Rinehimer said.

In Union Township near Shickshinny Lake, Rinehimer, her husband, Kevin, and her side of the family, the Scalzos, sit squarely within the current area of focus for the two gas companies partnering on drilling activities in the county.

The family’s aversion to leasing highlights several growing issues with increased drilling in the Marcellus Shale.

First, residents of northern Pennsylvania, who’ve long harbored suspicion of wealthy interests exploiting local resources such as coal and trees, question whether gas companies can be trusted on the face value of their assurances or if they’re just another chapter in the sad litany of robber barons.

And second, will people who don’t want to lease be forced to if everyone around them is? It’s a practice called “forced pooling,” and while it’s not yet legal in Pennsylvania’s Marcellus Shale, there is a bill in the state House, according to Tom Murphy, an educator with the Lycoming County Penn State Cooperative Extension.

“That would make everything in the Marcellus and below fall in the forced pooling scenario, but at this moment it has not been passed,” he said.

The practice, which is legal in New York, is defended as a way to reduce land disturbance by maximizing the area each well drains.

House Bill 977 – which is cosponsored by, among others, Reps. Karen Boback, R-Harveys Lake, Phyllis Mundy, D-Kingston and Jim Wansacz, D-Old Forge – has been sitting in committee since March.

Rinehimer attended a September meeting held by WhitMar Exploration Co., which later teamed with EnCana Oil and Gas (USA) Inc. to propose three wells in northern Luzerne County.

“He (a company representative) kind of went around the answer, and didn’t really go right ahead and say if something does happen to your water system and you can’t drink it … they’re going to clean it up for you,” she said. “Nothing was really clear.”

EnCana’s is sensitive to the issue, company spokesman Doug Hock said.

Its policy in this area is to monitor all water supplies within a mile of wells before and after the drilling occurs. The company cases wells with several layers and pressure tests, he said, ensuring the integrity of each well.

“If there were a loss of fluid or a loss of gas, we would know through that pressuring testing process,” he said.

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

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

MOST CONSUMERS HAVE heard the cautionary phrase, “caveat emptor,” or “let the buyer beware.”

Turns out, for Pennsylvania landowners who are mulling natural gas lease offers, the seller better be careful too.

Deals are being sealed throughout Northeastern Pennsylvania as a result of a natural gas rush. The flurry began months ago, in part, because a Penn State University researcher and colleague in New York suggested that there might be a treasure trove of natural gas trapped within a rock formation known as the Marcellus shale.

This formation – which extends over parts of Pennsylvania and three bordering states – might contain more than 500 trillion cubic feet of natural gas, much of it previously inaccessible. Using updated drilling technology, however, industry watchers speculate that at least 10 percent of it could be recovered. Taking into account projected fuel prices, that makes the Marcellus worth about $1 trillion.

Consequently, drilling company representatives and other dealmakers have fanned out across Northeastern Pennsylvania, knocking on doors and making what might, at first, seem to be lucrative offers. But property owners would be wise to wait and get the facts, not quickly jump at an apparent windfall.

Experts advise that landowners don’t sign companies’ standard agreements, which tend to favor the drilling operators. Instead, negotiate.

People who had been offered $15 per acre two years ago have, in some cases, reaped new offers of as much as $2,500 per acre, according to one report.

Other equally important issues should be examined in the lease agreements.

Among the questions to consider: What percentage of royalties will be paid to the landowner? How might potential environmental impacts be addressed? Does the contract provide provisions releasing the landowner from liabilities, including failure of the drilling company to follow applicable laws?

In short, draft the best possible deal before signing on the dotted line. This unforeseen opportunity shouldn’t leave you feeling cheated.

LEARN BEFORE LEASING

For information on natural gas leases, television viewers can tune into an hour-long, call-in program at 7 tonight on the Pennsylvania Cable Network. The program also will be available on the Web at http://wpsu.org/gasrush.

A workshop on understanding gas leases is set for 7 to 9:30 p.m. June 23 at Lake-Lehman High School. Fee: $15. To register, call the Penn State Cooperative Extension office in Luzerne County at 825-1701.

Separately, gas-leasing information is available at Web sites such as

www.naturalgas.extension.psu.edu and www.pagaslease.com.

Copyright: Times Leader

By Rory Sweeneyrsweeney@timesleader.com
Staff Writer

TUNKHANNOCK – The Tunkhannock Area School District will join a landowners group that is uniting to negotiate natural-gas leases.

The decision was made by a unanimous vote of the school board Thursday evening at a work session.

The school district owns about 200 acres, all of which will be available for leasing.

It intends to join the already 900-member Wyoming County Landowners Oil and Gas Lease group, which controls 47,000 acres, according to group members.

The group has agreed to accept no offer less than $2,700 per acre, board President Jack Tomlin said.

That represents an influx of about $540,000 into the district’s coffers, and about $126.9 million for the group’s members.

Because the board wasn’t able to make a decision by the admission deadline created by the group, it will be put on a waiting list for the next round of member approvals, he said.

He said the board had individually sought offers from gas companies for its land, but had found the process untenable. The group’s $30 entry fee and access to legal representation made joining economical, he said.

“Part of it is there is no obligation to sign” any lease offered, he said.

The school’s holdings include four elementary schools, an administration center, a secondary school and a tract of empty land in a nearby township.

Jim Harvey, a member of the group, said just a month ago the agreed upon lease price was $2,100. At that rate, the district would stand to gain $420,000, and landowners would receive nearly $100 million.

As a taxpayer, Harvey was pleased with the board’s decision.

“It’s a huge chunk of money. It could be a free gift,” he said.

However, he was concerned that the pristine land could be polluted and ruined by drilling.

Jim Greenley, a fellow taxpayer, pointed out that opportunities to lower school taxes shouldn’t be missed.

“Our millage just went up tonight,” he said. “It might go down now.”

Copyright: Times Leader