Posts Tagged ‘Northeastern Pennsylvania’

A panel offers an update on legislation, which turns out to center on money.

By Rory Sweeney rsweeney@timesleader.com
Staff Writer

BENTON – With interest increasing in drilling for natural gas in the Marcellus Shale, there’s a whole swirl of legislation related to it being considered in Harrisburg, but much of it comes down to money.

“A lot of what goes on in Harrisburg is who’s gonna pay to make the pie and who’s going to get a piece,” said state Rep. Garth Everett, R-Lycoming. “The fight is how we’re going to divide up the pie. … We want to see the Commonwealth get its fair share, but we also don’t want to … go New York on them and drive them away.”

Everett was among two other representatives – Karen Boback, R-Harveys Lake, and David Millard, R-Columbia – who spoke on Thursday evening at a meeting of the Columbia County Landowners Coalition.

A state Department of Environmental Protection official and a Penn State University educator were also on the panel.

Everett described the intention and status of nearly 20 bills throughout the legislature, noting that they fit into four categories: taxation and where the money goes, water protection, access to information and surface-owner rights.

While some likely won’t ever see a vote, Everett said a few will probably pass this session, including a bill that would require companies to release well production information within six months instead of the current five years.

He said a tax on the gas extraction also seems likely “at some point.”

For the most part, the industry received a pass at the meeting, with most comments favorable. One woman suggested companies might underreport the amount of gas they take out and questioned what’s being done to help landowners keep them honest.

Dave Messersmith of Penn State suggested that an addendum to each lease should be the opportunity for an annual audit of the company’s logs.

Robert Yowell, the director of the DEP’s north-central regional office, said the rush to drill in the shale happened so quickly that DEP is still trying to catch up with regulations. Likewise, he said, companies are still becoming acquainted with differences here from where they’re used to drilling.

“When they first came to town, I don’t think they realized how widely our streams fluctuated,” he said.

He added some public perceptions need to be changed – such as the belief that people aren’t naturally exposed to radiation all the time – and that he felt confident that “this can be done safely.”

In response to contamination issues in Dimock Township in Susquehanna County, DEP is upgrading and standardizing its requirements for well casings, Everett said. He added that it’s being suggested the contamination in might have been caused by “odd geology.”

“Every time humans do anything, there’s an impact on the land,” he said. “We just need to balance this right so that we end up with something we’re happy with when we’re done.”

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

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In an effort to better serve workers and individuals injured as a result of gas drilling and related activities, DLP is pleased to announce that personal injury Attorneys Tom Cummings and Joseph Price will attend a seminar on gas drilling litigation and related issues to be conducted at the University of Texas. Attorney Cummings handles major workers compensation cases throughout Northeastern Pennsylvania and is skilled at advising out of state residents on their rights if injured while working in Pennsylvania. Attorney Price handles major personal injury litigation and has tried cases against large corporate defendants.
It is believed that Attorney Cummings and Attorney Price are the first lawyers form Northeastern Pennsylvania to receive specialized traning in the handling of drilling accidents. Both Attorney Cummings and Attorney Price have been named Pennsylvania Super Lawyers by Philadelphia Magazine.

Paul had worked for a Texas-based natural gas drilling company out of Texas for a number of years. The company started to develop drilling sites in Northeastern Pennsylvania, and Paul was put up at a hotel close to the drilling site. Paul had never had an accident in the ten previous years he had worked, despite doing very physical types of activities while working with the various drills on the sites.

Paul’s good fortune ran out though, and he jammed his hand on one of the drill bits, seriously injuring the hand. Paul’s employer was insistent that since Paul was employed out of Texas and the employer was based out of Texas, that he would have to file his comp claim under Texas law.

Issue: Is Paul’s employer correct?

Answer: No. In Pennsylvania, regardless of where an employer is principally located and/or where a contract for hire was entered into, if an injury occurs in Pennsylvania, then Pennsylvania has jurisdiction and Paul will be entitled to benefits under Pennsylvania law. Pennsylvania’s workers’ compensation benefits are, for the most part, far more generous, and the injured worker is provided far more protection than in other states, especially states in the South and Midwest.

Paul had worked for a Texas-based natural gas drilling company out of Texas for a number of years. The company started to develop drilling sites in Northeastern Pennsylvania, and Paul was put up at a hotel close to the drilling site. Paul had never had an accident in the ten previous years he had worked, despite doing very physical types of activities while working with the various drills on the sites.

Paul’s good fortune ran out though, and he jammed his hand on one of the drill bits, seriously injuring the hand. Paul’s employer was insistent that since Paul was employed out of Texas and the employer was based out of Texas, that he would have to file his comp claim under Texas law.

Issue: Is Paul’s employer correct?

Answer: No. In Pennsylvania, regardless of where an employer is principally located and/or where a contract for hire was entered into, if an injury occurs in Pennsylvania, then Pennsylvania has jurisdiction and Paul will be entitled to benefits under Pennsylvania law. Pennsylvania’s workers’ compensation benefits are, for the most part, far more generous, and the injured worker is provided far more protection than in other states, especially states in the South and Midwest.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.

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

College in Williamsport preparing workers

By Rory Sweeneyrsweeney@timesleader.com
Staff Writer

WILLIAMSPORT – Like many of his classmates, Mike Harris already has a job in electricity-generation lined up for when he graduates this spring.

The only problem is it will require the Dalton native to relocate to Illinois.

Soon enough, though, future students in these same welding classes at Pennsylvania College of Technology could be in a curriculum that funnels them into local jobs with natural gas drillers working in the Marcellus Shale region.

The Marcellus Shale Education & Training Center at the college is in its early infancy, only envisioned late last year and opened earlier this year, but plans are for it to expand quickly.

A collaboration with the Penn State Cooperative Extension, the center will identify the industry’s work force needs and respond with education tracks that train people for those jobs, said Jeffrey Lorson, an industrial technology specialist at the college who’s running the training center.

“With the escalation and the things with the Marcellus, there was clearly a need in the work force,” he said. “We knew we had a tremendous fit to support the industry.”

The jobs are certainly here, Harris said, and there aren’t enough local workers. “They can’t find anybody,” he said about drillers.

Lorson’s family has a motel in Bainbridge, N.Y., near Binghamton, and the place is constantly packed. “There’s guys coming from all over the place” to work for the drilling companies, he said.

He felt Penn College graduates would be “competitive” for jobs in the industry, which could feed off the college for workers in fields from welding to heavy machinery operation.

“The center has the potential to provide very meaningful training options for local residents,” said Stephen Rhoads, the president of the Pennsylvania Oil & Gas Association. Certain skills, such as building and maintaining infrastructure and inspecting gauges and other moveable parts, “are all skills that could very easily find a home up in Northeastern Pennsylvania,” he said.

“If the industry grows as we expect it to, there will be long-term career opportunities.”

While he plans to enjoy traveling while starting his career, Harris said he’s looking ahead to hometown job security.

“I feel very confident, and I’d love to stay in Northeastern Pennsylvania, but right now as things are starting to take off, I think it’s easier for me to leave and get some experience,” he said.

The center could also help students outline career paths, an idea Harris has already considered. He’s planning to become certified in visual inspections.

“It keeps me out in the field, but it’s managerial,” he said. “You’re in the middle, which is pretty much where I wouldn’t mind being.”

See more photos of the Pennsylvania College of Technology Marcellus Shale Education & Training Center at www.timesleader.com.

Copyright: Times Leader

Harveys Lake officials cite environmental concerns in opposing the water use.

EILEEN GODIN Times Leader Correspondent

HARVEYS LAKE – Council members on Tuesday night voiced concerns over a gas company’s interest in using lake water for the drilling of the Marcellus Shale.

Environmental scientists from Gannett Fleming Engineering are interested in drilling in the Marcellus Shale region, which runs through Northeastern Pennsylvania. The shale contains pockets of natural gas.

The gas company wants to use 20 million gallons of water from Harveys Lake for a process called hydrofracing. Hydrofracing is the use of high pressure water to create cracks in the rock surrounding the shale so that the gas can be recovered.

Council Chairman Lawrence Lucarino said the shale is located a mile or more below the earth’s surface.

Council members say they oppose the practice because they are trying to protect the state’s largest natural lake.

But even though the council can deny it the use of the water, “the federal government can override the council’s decision,” Councilwoman Diane Dwyer said.

The council has asked attorney Charles D. McCormick to draft a letter stating the borough’s position and reasons against using the lake water.

“Who knows how well they will filter out the contaminants before letting the water back into the lake,” Dwyer said.

She asked residents to “please be watchdogs and keep an eye on your backyard.”

The Marcellus Shale fields are located in the Appalachian Basin, running through Pennsylvania, New York, Ohio and West Virginia. According to the Web site oilshalegas.com, the Appalachian Basin could provide 50 trillion cubic feet of natural gas for the United States. The United States now produces 30 trillion cubic feet of natural gas.

In other news, emergency 911 street maps have been returned to the borough. Council members Carole Samson and Charles Musial will review the maps to make sure all the street names are correct.

This process should take about one to two weeks, Samson said. Once approved by the borough, the maps will be sent to the County 911 office for final approval.

Copyright: Times Leader

Gas industry officials told state senators in Dallas that cumbersome rules make it difficult to operate.

MICHAEL RUBINKAM Associated Press Writer

DALLAS — Executives of drilling companies exploring a huge untapped reserve of natural gas say the economic windfall expected from the Marcellus Shale may not come to pass if Pennsylvania doesn’t get its regulatory house in order.

Industry officials complained Tuesday about a time-consuming and lengthy permitting process and cumbersome regulations that, on top of plummeting natural gas prices and the credit crisis, is making it difficult for them to operate in Pennsylvania.

“I have great hopes for what the Marcellus Shale play might still hold for Pennsylvania. Unfortunately, my experience to date does not lead me to be very optimistic,” Wendy Straatman, president of Exco-North Coast Energy Inc., told Republican state senators at a hearing in northeastern Pennsylvania.

She said the Akron, Ohio-based company has moved drilling equipment to West Virginia and delayed its plan to transfer a “significant number” of employees into Pennsylvania because of DEP permitting delays that are “unlike anything we have seen in any other state in which we operate.”

Another executive, Scott Rotruck of Oklahoma City-based Chesapeake Energy Corp., the largest natural gas producer in the United States, predicted “ominous” consequences for Marcellus development if Pennsylvania’s regulatory environment doesn’t become more welcoming. He said the permitting process is easier and less costly in other states.

Sympathetic GOP senators pressed acting Environmental Secretary John Hanger for answers, warning that Pennsylvania can’t afford to scare off an industry that has promised to create tens of thousands of new jobs.

The state needs to be “careful we are not killing the goose that’s laying the golden egg,” said Sen. Mary Jo White, R-Venango.

Hanger agreed that regulations need to be streamlined and said his agency is working on it, but added that most applications are processed within 45 days.

“There has to be a smart way to protect what we need to protect, and at the same time (prevent) a delay that really serves no purpose,” he said. “I believe there’s a learning curve here for everyone involved.”

Part of the problem may be a lack of DEP manpower to cope with a record number of natural gas applications. The agency is on track to issue 8,000 permits in 2008, up from 2,000 in 1999, yet staffing in the agency’s oil and gas division has remained stable at about 80. The DEP has proposed to raise fees on drilling companies to pay for additional staff to process applications and inspect wells.

Tuesday’s hearing at Misericordia University was called by the Senate Majority Policy Committee to explore the economic and environmental impact of drilling in the Marcellus, a layer of rock deep underground that experts say holds vast stores of largely untapped natural gas.

Industry executives also opposed a tax on natural gas that the administration of Gov. Ed Rendell has said it is considering.

“New taxes will stymie Marcellus development,” said Ray Walker Jr., vice president of Range Resources Corp., a Texas-based oil and gas company with an office in southwestern Pennsylvania.

Copyright: Times Leader

By MARC LEVY Associated Press Writer

HARRISBURG, Pa. (AP) _ The land agents, geologists and drilling crews rushing after the Marcellus Shale are raising something besides the natural gas they’re seeking: Talk of a natural gas tax.

Thanks to a state Supreme Court decision six years ago, Pennsylvania is now one of the biggest natural-gas producing states — if not the biggest — that does not tax the methane sucked from beneath its ground.

But momentum is gathering to impose such a tax. The Marcellus Shale — a layer of black rock that holds a vast reservoir of gas — is luring some of the country’s largest gas producers to Pennsylvania, and state government revenues are being waylaid by a worldwide economic malaise.

A spokesman for Gov. Ed Rendell says the administration is looking at the idea of a tax on natural gas, but a decision has not been made. Typically, Rendell does not reveal any tax or revenue proposals until his official budget plan is introduced each February.

Senate Republicans are planning a November hearing at Misericordia University in northeastern Pennsylvania to look at what effect can be expected on local governments if Marcellus Shale production lives up to its potential.

Local officials worry about damage to local roads ill-suited for heavy truck traffic and equipment. School districts could be strained by families of gas company employees moving into town. And some residents are concerned about gas wells disrupting or polluting the water tables from which they draw drinking water.

Legislators must find the fairest way for companies to share those costs, whether by levying a tax or through some other means, said Sen. Jake Corman, R-Centre, the GOP’s policy chairman.

“I do think there is an understanding that some sort of compensation for municipalities is warranted,” Corman said. “We just have to figure out the best way to do that.”

So far, drilling activity is under way on the Marcellus Shale in at least 18 counties, primarily in the northern tier and southwest where the shale is thickest, according to the state Department of Environmental Protection.

Land agents are trooping in and out of county courthouses to research the below-ground mineral rights. At least several million acres above the Marcellus Shale have been leased by companies in West Virginia, New York and Pennsylvania.

Just this week, Range Resources Corp. and a Denver-based gas processor said they have started up Pennsylvania’s first large-scale gas processing plant, about 20 miles south of Pittsburgh.

And CNX Gas Corp. announced that a $6 million horizontal well it drilled in southwest Pennsylvania is producing a respectable 1.2 million cubic feet a day — a rate it expects to improve in coming weeks.

In the opposite corner of Pennsylvania, drilling pads are now visible on Susquehanna County’s farmland, and hotel rooms are booked with land agents and drilling crews.

“It is the talk at the coffee shops, at the local grocery store, the gas station — everybody,” said state Sen. Lisa Baker, R-Luzerne.

Activity is still in the early stages, as exploration companies work to confirm their basic assumptions about the potential of the Marcellus Shale reservoir, and probe for the spots with the greatest promise, analysts say.

Industry representatives say they oppose a tax, and Stephen W. Rhoads, the president of the Pennsylvania Oil and Gas Association, questioned the wisdom of imposing a tax on gas production that is still speculative.

In some natural-gas states, a tax is collected based on a company’s gas production by volume.

But in Pennsylvania, the Supreme Court ruled in 2002 that state law did not allow counties, schools and municipalities to impose a real estate tax based on the value of the subsurface oil and gas rights held by exploration companies.

An appraiser’s study presented last year during a House Finance Committee hearing estimated that the court’s decision had cost Greene, Fayette and Washington counties up to $30 million in county, school and municipal tax revenue.

The state’s county commissioners and school boards support the resumption of some type of taxing authority — although that could mean landowners would get smaller royalty checks.

Regardless, Doug Hill, the executive director of the County Commissioners Association of Pennsylvania, said the matter is one of basic fairness since coal, gravel and limestone are assessed.

“The bottom line is it isn’t a windfall issue,” Hill said. “It’s a tax equity issue.”

___

Marc Levy covers state government for The Associated Press in Harrisburg. He can be reached at mlevy(at)ap.org.

Copyright 2008 The Associated Press.

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