Posts Tagged ‘Steve Mocarsky’

Legislators want adequate tax share for municipalities fiscally hit by gas drilling.

STEVE MOCARSKY smocarsky@timesleader.com

Much legislation has been written recently to address concerns about natural gas drilling into Pennsylvania’s Marcellus Shale, but little has been signed into law.

And one issue, it seems has been overshadowing and holding up action on all the others: a state severance tax on natural gas extraction.

Several bills addressing a severance tax have been put forward by state legislators, and Gov. Ed Rendell also has proposed implementing such a tax.

“The biggest concern for legislators is that an adequate portion of a severance tax would come back to local governments that are financially impacted by drilling activities,” said Adam Pankake, representing Sen. Gene Yaw, a Republican from Lycoming County and one of the few legislators to have a Marcellus-related bill he sponsored signed into law.

Senate Bill 325, sponsored by Rep. Anthony Melio, D-Levittown, didn’t muster much support in the House because it authorized an 8-percent severance tax, all of which would go to the state’s General Fund, Pankake said.

State Sen. Raphael Musto, D-Pittston Township, proposed a severance tax plan in Senate Bill 905 that mirrors Rendell’s plan, directing all proceeds of a 5-percent tax and a 4.7-cent charge on every 1,000 cubic feet of gas extracted into the General Fund.

A bill by state Rep. Bud George, chairman of the House Environmental Resources and Energy Committee, would send only 60 percent of a 5-percent tax to the General Fund.

The remainder would be divvied up, sending 15 percent to the Environmental Stewardship Fund; 9 percent split evenly between counties and municipalities in which wells are drilled; 5 percent to the Liquid Fuels Tax Fund; 4 percent split evenly between the Game and Fish and Boat commissions; 4 percent to the Hazardous Sites Cleanup Fund; and 3 percent to a program to help low-income residents with heating bills.

A bill sponsored by Sen. Andrew Dinniman, D-West Chester, would send half of a 5-percent severance tax to the General Fund. Another 44 percent would be split evenly between the Environmental Stewardship Fund and municipalities in which a well was drilled; the remaining 6 percent would be split between the Game and Fish and Boat commissions.

Legislators are also considering severance tax models used in other states, such as a phase-in approach used in Arkansas, Pankake said.

Marcellus-drilling industry advocates describe it as a fledgling industry that a severance tax could cripple because of the financial resources needed to build a pipeline infrastructure where none previously existed.

Matthew Maciorski, spokesman for state Rep. George, D-Clearfield County, said severance tax legislative proposals have been “coming in fast and furious. Everyone has their own take on how the revenue should be divided.”

Maciorski said Marcellus Shale issues are “very complicated and integral to the whole budget debate.”

Some legislators use some pieces of legislation as bargaining chips in negotiations with the gas industry. For example, the industry doesn’t support a severance tax, but the industry is pushing for a law authorizing forced pooling – compelling landowners who don’t wish to lease their mineral rights to be part of a drilling unit with others that do.

“Sometimes there are alliances that have to be built. &hellip Sometimes we rely on members to tell us when it’s time to strike. It gets complicated going between the House and the Senate. Members want to have all their ducks in a row to prevent there being (additional delays) in the process,” Maciorski said.

Bob Kassoway, director of the House Finance Committee for the Democratic Caucus, said any severance tax bill will likely be passed as part of the 2010-11 state budget, and it’s likely that little if any other Marcellus-related legislation will be passed until that happens.

Sen. Yaw was pleased that Act 15 was signed into law on March 22. Based on his Senate Bill 297, it repeals five-year confidentiality for gas production financial records and requires well operators to submit semi-annual reports to the state. It also requires the state Department of Environmental Protection to post well data online.

But while the debate continues over the severance tax, legislation on issues important to lease holders, to residents with environmental concerns and to members of the gas industry continue to languish in the House or Senate or their committees.

In addition to severance tax legislation, there are at least four Marcellus-related Senate bills and at least 17 House bills pending.

For example, legislators are holding off a vote on Rep. Bill DeWeese’s House Bill 10, which would enable counties to assess value to gas and oil for taxation purposes, likely because it hasn’t been decided what – if any – percentage of a severance tax will go to counties.

Introduced 16 months ago, House Bill 297 remains in the House Transportation Committee. Sponsored by Rep. Mark Longietti, D-Hermitage, it would require the state Department of Transportation to publish by the end of the year a revised schedule of bonding amounts for roads damaged by heavy truck traffic and to update the amount at least every three years.

PennDOT last revised the schedule in 1978, Longietti said, leaving officials in municipalities damaged by drilling trucks with insufficient guaranteed funding to repair their roads.

Rep. George’s House Bill 2213, which increases bonding amounts for wells, boosts the number of required well inspections by DEP and adds protections for water supplies, has gained much local support. But after an amendment in the House Environmental Resources and Energy Committee in May, it was re-committed to the House Appropriations Committee.

Sen. Lisa Baker, R-Lehman Township, announced in May she is working on a series of bills to provide additional protections to drinking water sources that could be harmed by drilling.

State Rep. Karen Boback, R-Harveys Lake, issued a statement last week stating that she also was working to develop legislation to protect drinking water from gas drilling practices.

Painfully aware of the slow legislative pace in Harrisburg, Boback is urging the governor to issue an executive order implementing additional protective rules before more well-drilling permits can be issued.

Copyright: Times Leader

State county commissioners association is working to broaden taxing authority.

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

Counties, municipalities and school districts aren’t seeing any significant tax revenue related to Marcellus Shale development under current tax law.

But the County Commissioners Association of Pennsylvania is working to change that, lobbying for legislation that would give those governmental bodies property taxing authority on natural gas similar to taxes levied on coal extraction.

“We have to have the assessment law changed. The reason (is that) other minerals are assessed. It’s not fair to the other mineral (extraction companies) and it’s not fair to the rest of the taxpayers who have to pick up the burden of their exemption,” association Executive Director Douglas Hill said of natural gas and oil companies.

Hill said the state Supreme Court in 2002 ruled that counties had no statutory authority to tax oil and gas because state assessment law specifically includes coal but makes no mention of oil or gas.

Since that time, oil and gas interests have been escaping local property taxes, which had been paid in oil and gas-producing counties since at least the early 1900s, according to a position paper released by the association.

“Producers of other minerals such as coal and limestone already pay their fair share of the property tax. Counties support reversing the Supreme Court’s 2002 decision to assure that oil and gas companies contribute their share to the local tax base as well,” the paper states.

Hill said House Bill 10 of 2009, sponsored by state Rep. Bill DeWeese, D-Greene County, would restore property tax assessment authority on oil and gas.

The levy proposed in the bill would apply only to proven wells. “If there’s nothing to be extracted or (the gas) can’t be extracted, then there is no value,” Hill said.

Hill said there is, of course, opposition to the bill from the oil and gas industry. But he pointed out that other oil and gas producing states assess oil and gas extraction. Hill also said that large, multinational companies involved in Marcellus Shale exploration already had payment of such a tax built into their business plans and were surprised to learn that Pennsylvania counties can’t assess natural gas extraction.

Another association position paper points out several ways local communities are impacted by Marcellus Shale exploration that justify taxation.

“Some of the most visible impacts have been to township roads, county bridges and other infrastructure as developers bring drilling rigs, construction equipment and truckloads of water to and from drilling sites. &hellip Hotels might be filled with workers associated with Marcellus, impacting both the tourism industry and the county hotel tax,” according to the paper.

“Workers from out of state and their families have utilized social services such as drug and alcohol treatment and children and youth services. County jails, county probation and law enforcement have been affected. Even county recorder of deeds offices are affected, flooded by title searchers confirming ownership of subsurface rights,” the paper states.

House Bill 10 is still in the House Finance Committee for consideration.

“We’ve been working on getting agreement to move on it. We want to have things in place for a vote in the House and prepare for going to the Senate. We’ve also been working on an introduction of a bill in the senate,” Hill said.

Generally, legislators understand the issue, Hill said, but it “gets confusing at times because they are looking at a state severance tax,” and the county and local taxation issue “gets tied up in all the other issues related to the Marcellus,” he said.

Currently, there are at least five Senate bills and at least 17 House bills pertaining to Marcellus Shale exploration as well as one House bill, two senate bills and a budget proposal from Gov. Ed Rendell that address the imposition of a severance tax, according to information provided by state Sen. Lisa Baker, R-Lehman Township.

In the meantime, county assessors are waiting for some legislative determinations.

Luzerne County Assessor’s Office Director Tony Alu feels pretty confident that legislation eventually will be adopted and that the county will see some tax revenue from natural gas extraction.

Alu said assessors from various counties had been discussing among themselves various taxation formulas that would be most appropriate to tax natural gas extracted.

“We’re waiting on the state to make a determination so that we can all be uniform. &hellip We just want to make sure we’re doing the right thing,” Alu said.

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

Copyright: Times Leader

Copyright: Times Leader

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

Doug Ayers has never been one to take the easy way out, and his fellow directors on the board of the Lands at Hillside Farms are following his lead.

While much of the land surrounding the Lands at Hillside Farms has been leased for natural gas drilling into the Marcellus Shale a mile below, the board is refusing to lease any part of the nonprofit organization’s 412 acres in Kingston and Jackson townships.

“The easy route would have been to take millions of dollars to fix those greenhouses and the barn roofs and pay off our debt,” Ayers said last week while sitting under some shade trees outside the farm’s dairy store.

“The more honorable route is to work hard and go to the public because the public owns this place, and we expect them to step up to the plate,” he said.

A veterinarian and chairman of the board of the Lands at Hillside Farms, Ayers said the board agreed “to not engage the gas companies for drilling in the foreseeable future because we don’t consider it safe for the land that we’ve been entrusted with, or safe for our neighbors.”

Chet Mozloom, executive director of the farm, said he “got blitzed over a two- or three-week period with calls from people who must have thought we signed (a lease) for some reason – I don’t know why – and they expressed their disappointment.”

“They were terrified of the impact, and this was before the Clearfield well explosion. They were afraid of Huntsville or Ceasetown (reservoirs) getting destroyed because that’s where their water is coming from,” Mozloom said.

Ayers said the potential for catastrophe is too great to agree to sign a lease.

“The proof is in your newspaper – the reporting that you’re doing on the (oil leak in the) Gulf, on the (gas well) explosion in Clearfield County, the spills in Dimock, the contamination of the well water in Dimock (caused by methane gas migration), the woman in Dimock who flushed her toilet and it blew the back of her house off,” Ayers said.

“And we’re trying to give people food here,” Mozloom added, “so it’s a whole different game if this soil gets ruined. I mean, just imagine Clearfield happening right next to the Huntsville Reservoir. If that happens, it’s over.”

Hillside keeps to mission

It was January 2005 when Ayers met with the Conyngham family, who owned the farm since 1891, to pitch the idea of selling it to the public with a mission to promote organic, sustainable agriculture, resource conservation and historical preservation.

An agreement was struck and the new organization raised about $2 million in private donations and public grants, secured a roughly $2 million loan from Luzerne Bank and bought the farm for $4.058 million last fall.

The plan is to use revenue from self-sustaining micro-enterprises, such as the dairy store, a restaurant serving locally grown fare, a bed and breakfast that would double as a rentable site for private functions, a colonial living-history museum and educational facilities pay off the loan and produce enough revenue to keep the farm operating.

Ayers said the property is one contiguous block of 412 acres including farmland, pasture, more than 36 buildings and 200 acres of forest. “We’re desirable (to the gas companies) because we’re (one) large chunk,” he said.

And while the board of the Lands at Hillside Farms wouldn’t even listen to a proposal from a gas company, the board of another local nonprofit that Ayers helped found 17 years ago did.

Ayers said the board of the North Branch Land Trust, of which he is still a member, was most recently offered a $4,000-per-acre bonus payment and a 20-percent royalty for a non-surface disturbance lease.

“That means no well drilling on the property. The Land Trust will not allow well drilling on the property for sure, and we’re not entertaining any leases now because we’re not comfortable,” Ayers said.

More information needed

Ayers believes the boards of both nonprofits would support more stringent legislation for the gas and oil industry, but he doesn’t believe a proposed 2,500-foot buffer zone between well sites and water sources is adequate because “we’re in an experimental phase. &hellip We don’t know what’s going to happen. It’s all new to the geology of this area.”

In fact, Ayers said, he’d like to see a moratorium on drilling in the Marcellus Shale “until it’s proven to be much, much safer than it is right now.”

Some Land Trust board members are more comfortable with the gas industry than others, Ayers said. So it’s possible that in the future, “if the industry proved itself to be very, very safe and didn’t harm the people downstream and the environment, I think the board may go for that,” he said of allowing horizontal drilling far below the land’s surface. “But not now.”

The Land Trust owns about 700 acres, the majority of which is an approximately 667-acre tract north of Tunkhannock in Wyoming County. The remainder lies in seven other counties, including Luzerne, Sullivan, Susquehanna, Bradford, Wayne, Lackawanna and Columbia.

Ayers said the trust has been offered large amounts of money to lease the large tract because it’s near the Trans-Continental pipeline, “which makes it very desirable to the (gas) companies. They call us regularly,” he said.

Ayers said it would be “tempting” for the board to sign a lease because “all nonprofits need to survive, and &hellip it would allow us to perform our mission better.” He said the board recommends that people considering a gas lease should call the trust “because they’re very educated about it, they know all about this and they would guide them.

“They would prefer that people not drill on their property and do only subsurface drilling if anything. And frankly, they would prefer that the people wait to learn more and allow the industry to mature and prove itself. And they’re exemplifying that by their own decisions regarding the land they own themselves. It’s pretty hard to turn down the amount of money they’re talking about – it’s millions and millions of dollars,” Ayers said.

Ayers – man on mission

Ayers stressed that the trust and the Lands at Hillside Farms are two separate and unrelated entities. “The mission of the Land Trust is to conserve open space. It’s more of a land-related, conservation-related mission. The purpose of this facility – the Lands at Hillside farms – is to teach sustainable ways of life, or, in other words, to help people make decisions that are healthy for them, their community and the world.”

If Ayers could say one thing to area land owners, “love thy neighbor I think is what I would say, and consider them in your decisions, because they won’t be able to leave as easily if a catastrophe were to happen.

“The principles upon which this country was created rely upon giving more than taking. I mean, Aristotle, when he and his gang created democracy 2,500 years ago, said democracy is the best form of government, but it can only exist in the face of virtue. I’m not sure how long democracy can last when people are willing to risk their neighbors’ safety and welfare for money,” Ayers said.

Ayers said he thinks many people in the area are disappointed, and not just because of the ongoing corruption scandal in Luzerne County in which 30 people – including three county judges – have been charged by federal agents over the past 18 months.

Seeing neighbors signing gas leases, Ayers said, “is just another example of how people might get discouraged because they see people being selfish, they see people not caring for one another. How could the government possibly have allowed this to have occurred here without better regulation? It makes no sense,” Ayers said.

“But again, everything that goes wrong is the people’s issue. I mean it’s the people who run this place. It’s easy to say it’s the politicians and the oil companies and everybody else, but the reality is that it’s us. We are the ones responsible for all of this going on. And if we stand around and watch it, then maybe we deserve what we get.”

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

Copyright: Times Leader

Pa. American Water Co. wants state government to offer water supply protection.

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

Officials with the water company that owns two Back Mountain reservoirs want to see state action to better protect those drinking water sources from contamination related to natural gas drilling.

They also want the opportunity to have input into the permitting process for natural gas wells located near those reservoirs.

Terry Maenza, spokesman for Pennsylvania American Water Co., said there is no requirement that natural gas companies or any state agency notify water suppliers when well-drilling permit applications for land near water supplies are submitted to the state Department of Environmental Protection.

“We would like to see those laws and regulations revised so we can be notified and have a chance to express any comments or concerns while a permit is under review,” Maenza said.

Maenza’s comments follow the revelation on Monday that at least one property on the shore of the Huntsville Reservoir in Lehman Township, and an adjacent property, have been leased to EnCana Oil & Gas (USA) Inc., which will begin exploratory drilling operations at a well in Fairmount Township in July and at a second in Lake Township in late summer or early fall.

Paul Siegel, who owns the three acres on the Huntsville shore, said on Monday there is language in his lease that allows him and his wife, Janet, to restrict any surface drilling on his land but would allow EnCana to drill horizontally underneath his property.

The couple’s son and daughter-in-law, Christopher and Maureen, own 10.88 acres bordered by Christopher’s parents’ land on the east and by Huntsville-Idetown Road on the west that is also leased to EnCana.

Maenza said there is a 500-foot buffer between other properties and the high-water point of the Huntsville and Ceasetown reservoirs in most areas, but some parcels of land were “grandfathered in” without buffers when Pennsylvania American bought the water system from PGW in 1996.

As far as allowing a gas company to drill underneath the reservoirs, Maenza said it “would depend on what the driller was proposing and who owns the land. I’m not sure how far (down) our rights extend under the reservoirs,” he said.

Maenza said Pennsylvania American started water sampling and visual creek inspections about two weeks ago “so we can get some baseline data before the drilling begins.”

Huntsville Reservoir provides water for about 30,000 people living in Dallas, Kingston Township., Swoyersville, Wyoming and West Wyoming. Ceasetown Reservoir provides water to about 70,000 people in Ashley, Courtdale, Edwardsville, Larksville, Nanticoke, Plymouth, Pringle, Shickshinny, the townships of Conyngham, Hanover, Hunlock, Newport and Plymouth, and portions of the city of Wilkes-Barre.

Wyoming Mayor Robert Boyer said he’d like to learn more about the drilling process, given that his town receives water from the Huntsville Reservoir.

“There is a potential for environmental concerns. If we drill for oil a mile under the ocean floor and we don’t have a plan in place to deal with a catastrophic event like we had off the Gulf Coast, it makes sense that we want to have environmental protections in place before we start drilling here. Don’t put the cart before the horse,” Boyd said.

Maenza noted that state Sen. Lisa Baker, R-Lehman Township, is working on legislation to protect water sources.

In order to protect aquifers and determine any adverse consequences attributable to drilling, one bill would require testing at three times – before drilling, at the completion of drilling and six months afterward – at three different depths.

A second bill would rule out drilling at sites too close to drinking water sources such as reservoirs.

A third bill would require DEP to ensure that the operators of wastewater treatment facilities are properly trained and sufficiently monitored to lessen the chances of human error creating a major problem.

Jennifer Wilson, Baker’s chief of staff, said specifics on the proposed bills, such as minimum distances from aquifers, are still being worked out.

Although EnCana has obtained a drilling permit for a site in Lehman Township about midway between Harveys Lake and Huntsville Reservoir, Wendy Wiedenbeck, public and community relations adviser for EnCana, said the company has not yet put together a full development program for drilling in Luzerne County should production at wells in Fairmount and Lake townships prove successful.

She did say the company is starting to look at additional potential drilling locations in the county.

As for company policies on proximity of drilling to water resources, she said the company naturally abides by the minimum setbacks set by states. But in considering additional setback distances, she said each potential drill location is unique and is assessed individually.

“We would take the same thoughtful, measured approach to any future operations as we have with our first two wells,” Wiedenbeck said.

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

Copyright: Times Leader

STEVE MOCARSKY smocarsky@timesleader.com

An attorney and a gas company land man warn that attractive lease offers from energy companies might not always be as generous as they seem.

Kit Akers, lead land man for new ventures at EnCana Oil & Gas, said other natural gas companies could come in throwing around relatively large bonus money offers to Luzerne County landowners if EnCana’s exploratory drilling is successful in Fairmount and Lake townships.

“Sometimes people get blinded by bonus money and aren’t always thinking about protecting themselves in the long run,” Akers said.

Luzerne County landowners might be experiencing bonus envy, considering that gas companies in Susquehanna and Bradford counties are offering $5,000 to $6,000 per-acre bonuses for drilling rights leases while EnCana is offering $2,500.

But Akers said the value of drilling rights in Luzerne County will increase if EnCana’s exploratory drilling is successful.

“Just the very fact that (EnCana’s acquiring state) permitting for the wells made the area more attractive to competition; that alone increases the potential value,” Akers said.

But Akers said landowners should consider more than just the bonuses and royalties offered in exchange for drilling rights.

“The WhitMar (a company EnCana has purchased leases from) lease form is very friendly to landowners. The lease is 14 pages long and loaded with surface protections, generous well location fees and other benefits to landowners. Other leases can be as short as two pages and include none of these protections. People sometimes get blinded by the money offered on the front end for a lease that is not worth as much to them,” Akers said.

Garry Taroli, an attorney with the Wilkes-Barre law firm Rosenn Jenkins & Greenwald, has been representing landowners in lease negotiations for about three years.

“The leases have become more friendly to property owners. With competition comes more benefits from the property owners’ point of view,” he said.

Many newer leases require minimum setbacks from structures and water sources, extra payments for damaged timber, reimbursements for harm to water or land and testing of water before, during and after drilling activities – paid for by the gas company, Taroli said.

Taroli advised that landowners at least have a lease reviewed by an attorney before signing it.

Some leases he’s seen contain language that could be a headache for landowners. While most leases set specific time limits for drilling, one lease he saw allowed a gas company to drill “for so long as gas could have been produced on the property.”

That term, Taroli said, “could be until doomsday.”

Jeffrey Nepa, an attorney with Nepa & McGraw in Carbondale and Clifford, said he’s happy to see property owners communicating on Internet forums to try to stay informed about lease issues.

“It’s nice to see people pooling their resources together to battle against the gas companies,” Nepa said.

“We live in the age of information. … We see that the gas companies are controlling the information. And a lot of times we see them put out misinformation. But at the end of the day, it comes down to caveat emptor – buyer beware.”

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

Copyright: Times Leader

EnCana is currently signing standard leases giving Luzerne County landowners $2,500-per-acre bonuses.

STEVE MOCARSKY smocarsky@timesleader.com

The value of land leases with natural gas drilling companies has been climbing in counties to the north, but whether that happens in Luzerne County will depend on the results of exploratory drilling scheduled to begin this summer.

Natural gas exploration companies are now offering leases in Susquehanna and Bradford counties with up-front per-acre bonuses in the $5,000 to $6,000 range and royalties as high as 20 percent, said Garry Taroli, an attorney with Rosenn Jenkins & Greenwald representing area landowners.

Late last month, natural gas producer Williams Companies bought drilling rights to 42,000 net acres in Susquehanna County from Alta Resources for $501 million, placing the lease value on that land at nearly $12,000 per acre.

So people like Edward Buda, who owns land in Fairmount Township on which the first natural gas well in Luzerne County will be drilled in July, might be feeling some lessor’s remorse, given that they agreed to comparatively paltry up-front bonuses for the first two years of the lease term.

When Buda, 75, of Ross Township and his late brother and sister-in-law were in negotiations with WhitMar Exploration Co. early last year, they, like many others, agreed to bonus payments of $12.50 per acre each year for the first two years of the lease. The bonus increases to $2,500 for the third year.

However, if drilling begins on or under a landowner’s property before an anniversary date of the lease, any bonus payments for subsequent years become null and void and the royalty provision of the lease kicks in. So, if the drilling that is to begin next month on Buda’s property is successful, he likely won’t ever see that $2,500-per-acre bonus but will receive much larger royalty payments.

Since Buda’s lease was negotiated, WhitMar sold most of the company’s interest in the leases to EnCana Oil & Gas (USA) Inc.

EnCana is currently signing standard leases giving Luzerne County landowners $2,500-per-acre bonuses – $1,000 the first year of the lease and $1,500 the second year, according to EnCana’s Group Lead for Land (New Ventures) Kit Akers.

Some landowners who signed the same type of deal with WhitMar as Buda believe they’ve been treated fairly.

Michael Giamber, 57, of Fairmount Township, lives about 2 miles from the Buda drill pad. While the Budas negotiated their lease on their own, Giamber joined a consortium of landowners who negotiated a deal with WhitMar in 2008 for bonuses of $12.50 per acre each year for the first two years of the lease, $2,500 per acre for the third year, and a 20-percent royalty on all gas produced.

“It was in the middle of a recession and leasing had pretty much stopped except in Dimock. We essentially partnered with WhitMar,” Giamber said.

In exchange for landowners accepting the initially small incremental bonus payment arrangement, WhitMar promised to do seismic testing of the leased land and partner with a company that would handle the drilling and secure permits for one to three exploratory wells in the county within two years.

“I signed on not because of the bonus, but because of the 20-percent royalty and because if they did not drill one to three wells after two years, we’d be free agents again,” able to renegotiate for better terms, Giamber said. “Because we were in a recession, what did we have to lose?”

“A lot of older people would rather more up-front money, and I can appreciate their position,” Giamber said.

Jeffrey Nepa, an attorney with Nepa & McGraw in Carbondale and Clifford, believes people who signed leases early for smaller bonuses were either “more desperate and needed money or were misinformed about what the extent of (drilling in the Marcellus Shale) was. Some people have had buyer’s remorse, so to speak, regretful that they signed and wanting to get out,” Nepa said.

Nepa said he’s seen bonus money increase, dip back down, “and now it’s creeping back up again. And it appears that landowners “who held out, so to speak, are the ones that are rewarded with the largest contracts. In the Barnett Shale (in Texas), I’ve heard of property owners getting in excess of $20,000 per acre, and they were the ones who held out.”

Gas companies normally drill in 640-acre blocks of land. So people with a larger tract of land are better off holding out for better lease terms, Nepa said.

On the other hand, those who signed leases earlier are now the ones who will see royalty payments kick in much sooner than anyone else, because they will be the first to have wells drilled, said Robert Schneider, 39, of Fleetville, Lackawanna County.

Schneider joined a landowner consortium that negotiated leases with a $2,100 bonus and an 18-percent royalty in 2008 with Exco Resources, and he’s glad he didn’t hold out for more.

“Two years have gone by and I have three years left. … There’s a risk if you wait,” Schneider said, speculating that implementation of more rigorous and costly government permitting requirements, the establishment of a severance tax or finding insufficient or no gas in his area are all reasons that companies might pull out and stop leasing.

EnCana’s Akers backed up what Giamber and Schneider had to say. “People who leased earlier put themselves in a position to most likely have their land drilled earlier,” she said.

And Akers said, if WhitMar had not been able to secure leases at relatively low cost to the company, exploration in Luzerne County might not have begun as soon as it has.

“Because these people leased early to WhitMar, WhitMar was able to build a large position of leases that allowed for horizontal drilling. That’s what got a company like EnCana interested in coming to Luzerne County. If we had not seen a consolidated lease position, it’s unlikely WhitMar would have gotten a company like EnCana to come in … It was possible that the $12.50 offer was the only offer those people would ever get,” she said.

Akers also believes that the reason landowners in Susquehanna and Bradford counties are being offered much higher bonuses is because hundreds of wells have been drilled there and natural gas extraction has proven successful.

“Luzerne County, on the other hand, is really on the frontier. There’s no way to know if shale within a geographic region will produce any gas or enough gas to make drilling profitable without actually drilling wells. There have been no wells drilled in Luzerne County, so that’s the reason why there’s a difference in lease prices between Luzerne County and other counties,” Akers said.

If wells on Buda’s land and a site in Lake Township don’t produce any gas or at least enough of it to make drilling there worthwhile, land lease values in Luzerne County could drop to zero, Akers said.

If the wells do produce significant amounts of gas, however, competition for drilling rights will definitely heat up, Akers said, and with it the price.

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

Copyright: Times Leader

A company drilling for natural gas says it is already working with local officials.

STEVE MOCARSKY smocarsky@timesleader.com

Although the community at large hasn’t been privy to it, some local emergency management officials have been working closely with an energy company to draft emergency response plans to address any local natural gas drilling-related catastrophe that might occur.

EnCana Oil & Gas USA is slated to begin drilling a well at a site in Fairmount Township in about a month, and many local residents, officials and emergency responders have become anxious, feeling left-in-the-dark about whether local emergency responders have the equipment, knowledge and protocols in place to handle a drilling-related catastrophe.

But Wendy Wiedenbeck, public and community relations advisor for EnCana, said local firefighters would not be responsible for containing or fighting a gas well fire or gas release at a well site.

“In the event of an incident, local emergency responders will be asked to provide support to our operations personnel who are specially trained to deal with incidents at oil and gas locations,” Wiedenbeck said.

“Should a serious well-control incident occur, such as release of gas or fire, EnCana will look to local emergency responders to provide support while EnCana calls upon well-control experts to assist in addressing such an incident,” she said.

The well-control company EnCana has identified in an Emergency Response Plan submitted to the state Department of Environmental Protection is Wild Well Control in Houston, Texas. A second call would be placed to Cudd Well Control, also in Houston.

“Depending on the severity of the well-control issue, they would respond as soon as possible. In the meantime, the area around the well – the exact area again depends on the well-control issue – would be secured and/or evacuated. This is another example of how Encana and local emergency responders will work together,” Wiedenbeck said.

Wiedenbeck said Encana has experienced well-control incidents in the past, and the risks are inherent in the oil and natural gas industry.

“Our training, systems, and protocols are designed to fit the level risk associated with the activity. Our goal is to minimize the risk and to operate in a safe manner. Safety is our number one priority,” she said.

County office works on plan

Steve Bekanich, coordinator of the Luzerne County Emergency Management Agency, said last week that he has had several conversations with EnCana officials, but a volunteer with the county EMA “has taken the lead for my office. … We are close to completing an emergency response plan.”

Bekanich said Barney Dobinick, who is also the EMA coordinator for Lake Township, is “handling all direct talks with EnCana for ease of operations. He’s briefing me almost on a daily basis. … I’m very comfortable with what Barney has been doing. He’s been a trusted staff member for 20 years.”

Dobinick said a 230-page set of response guidelines is near completion. After meeting with EnCana representatives in mid-June, the plan will be shared with area municipal officials for their approval and made available to the public. Sometime in the next few, a public meeting also will be scheduled to gather input and answer questions.

Until the plan is complete, Dobinick said it would be counter-productive to release any aspects of it until EnCana has reviewed it and possible changes are made.

“If we determine there’s a better way, we’ll amend it. We’re not hiding anything. We just want to have a complete plan in place (before it’s released),” he said.

Bekanich said adjustments can be made even after the plan is disseminated to municipal officials and input is gathered from the public.

Dobinick did say, however, that local emergency responders would handle some emergencies at well sites, for example, a brush fire, an office trailer or vehicle fire or a hazardous materials spill.

Jack Dodson, emergency management coordinator for Dallas Township and Kunkle fire chief, has said his major concern was having emergency personnel who might have to extract disaster victims from a well-related catastrophe prepared to do so.

Dobinick said there are response guidelines for mass-casualty incidents, getting basic and advanced life support on-scene and implementing a disaster plan for hospitals and medical air transport.

“And depending on the seriousness of an event, it would determine how much, if any, of an area would be evacuated,” Dobinick said.

Off-site also part of concern

Dobinick said he’s more concerned about local responses to off-site incidents, such as the crash of a truck carrying “residual backflow” material, or “frack water” used in the hydraulic fracturing of the Marcellus Shale formation.

He said fire departments would handle the initial stabilization of such an incident and work to prevent contamination of any nearby waterway. A state-certified hazardous material clean-up team would come in if needed to remove the material and any contaminated soil.

Dobinick said he feels “very comfortable” with the guidelines and hopes to have the majority of the document complete by the end of the week. He’s still waiting on some information from the county 911 office and the American Red Cross.

Plus, Bekanich noted that Luzerne County is a member of and has access to the resources of the East Central Pennsylvania Regional Task Force – a seven-county all-hazards task force formed in 1998 along with eight other such task forces in the state in response to terrorist threats.

Bekanich said 48 professionals from Luzerne, Wyoming, Schuylkill, Colombia, Northumberland, Montour and Berks counties attended a training event/exercise last week at the county EMA headquarters and worked on a scenario to determine “how we would bring logistics and resources together for an event such as a catastrophic well failure.”

If a catastrophe did occur, Bekanich said, “it’s not like we would be in this on our own. We have resources and technical expertise from seven other counties to rely on for support.”

Dobinick also said EnCana has commissioned a transportation study and will be sitting down with officials from the Lake-Lehman School District to address any concerns about incidents that could affect school bus routes.

Several area residents have voiced concerns about emergency response and traffic at public meetings over the last few months and have been dissatisfied with information supplied by EnCana.

Company schedules meetings

Wiedenbeck said meetings with stakeholders are scheduled for this week.

“Our goal is to understand how these agencies work together, how our operations impact them and how we can work together to make sure we collectively work together so local emergency responders continue to do the great job they’re already doing,” Widenebeck said.

The purpose of sitting down with Dobinick and others is to determine the capabilities of local responders and “if there are gaps, how do we fill them.”

In some instances, Wiedenbeck said, there might be grants available to purchase emergency response equipment that might be needed – for example, a new radio system.

“Our job is to work together with emergency responders, the recreation district, township supervisors and the school district to understand existing protocols and how those protocols might be impacted if there is an incident. We also need to understand existing resources, identify potential gaps and solutions for addressing the gaps, if any,” Wiedenbeck said.

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

Copyright: Times Leader

The Susquehanna River Basin Commission has a set of rules for gas companies.

STEVE MOCARSKY smocarsky@timesleader.com

The Department of Environmental Protection isn’t the only state agency intent on protecting water sources from natural gas drilling activities that could affect area residents.

Tom Beauduy, deputy director of the Susquehanna River Basin Commission, said the commission requires drilling companies to account for “every gallon of water” withdrawn from any water source within the basin – where it comes from, where it’s used and what happens to it after it’s used.

And, a $1 million water quality monitoring system is being put in place near drilling sites within the basin, Beauduy said.

Beauduy said Marcellus Shale development in Pennsylvania hit the commission “like a tsunami,” just like it did every other impacted agency in the state.

The natural gas industry uses 4 million to 6 million gallons of water per natural gas well to release gas from the shale in a process called hydraulic fracturing, or fracking. Currently, the industry is using about 1 million gallons per day in the state, and Beauduy expects that amount to increase to 28 million a day.

The commission, which is responsible for water resources planning, management, conservation, development, use and allocation, responded quickly to the industry’s needs. Protocols were adjusted so the commission could deal with the surge of water allocation requests, but no corners are cut when granting water withdrawal approvals, Beauduy said.

All companies known to be drilling in the Marcellus Shale region, which underlies more than 72 percent of the Susquehanna River Basin, were notified of the commission’s regulatory requirements. And the commission activated a previously unused rule that authorized an administrative “approval by rule” process for water withdrawals solely from public water supplies.

To date, Beauduy said the commission has approved 111 surface water withdrawals, with 55 applications pending; and 22 approvals of public water supply withdrawals, with 14 pending. It has also issued 662 approvals by rule for individual well pad sites and has 181 pending.

While the amount of water the gas industry needs might seem massive, Beauduy pointed out that the golf and ski resort industry in Pennsylvania consumes an average of 56 million gallons per day. He said industry needs can be accommodated if regulated properly. The industry must abide by restrictions that prevent negative impacts on streams and rivers that could harm aquatic life and water quality.

And while DEP regulates how the industry must dispose of flowback water from fracking operations, the commission will track area rivers and streams to catch a contamination problem.

The commission will have 30 water quality monitoring stations set up by the end of June in the regions where drilling in the Marcellus Shale is most active, as well as other locations where no drilling activities are planned so the commission can collect control data. The monitoring network will provide constant data collection with instruments sensitive enough to detect subtle changes in water quality on a frequency that will allow background conditions and any changes to them to be documented throughout the year.

Each monitoring station will be equipped with water quality sensors and a transmitter to continuously monitor and report water temperature, pH, dissolved oxygen, ability to conduct electricity (conductance) and water clarity. The water depth also will be recorded to establish a relationship with stream flows.

The monitoring of conductance is key to detecting impacts associated with natural gas activities if they occur because water produced by the natural gas industry is generally 200 times more conductive of electricity than water normally measured in streams in the basin.

The monitoring network, the data from which will be accessible online by the public, will provide early warnings to help DEP officials respond more rapidly and better pinpoint causes if water quality conditions change. It will also help local public water suppliers, local watershed groups and communities stay informed.

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

Copyright: Times Leader