Posts Tagged ‘Steve Mocarsky’

PSU report touts job growth, increased taxes; planned severance tax a concern. Others say study inflates benefits.

STEVE MOCARSKY smocarsky@timesleader.com

Development of the Marcellus Shale has the potential to create more than 200,000 jobs in Pennsylvania during the next 10 years, according to an update to a Penn State University study released on Monday.

The report warned, however, that imposing a state severance tax on the natural gas industry, as Gov. Ed Rendell has proposed, could induce energy companies to redirect their investments to other shale “plays” in the United States. Plays refers to natural gas development in other shale developments.

If that happened, any revenues gained from a severance tax could be offset by losses in sales taxes and income taxes resulting from lower drilling activity and natural gas production as producers shift their capital spending to other shale plays.

Some, however, have expressed doubt about the impact of a severance tax and claims and assumptions about economic benefits and job growth in the report.

The update, commissioned by the Marcellus Shale Coalition, was conducted by professors with the university’s Department of Energy and Mineral Engineering. It supplements a study the department released last July.

The updated study also states that during just the next 18 months, gas drilling activities are expected to create more than $1.8 billion in state and local tax revenues.

“At a time when more than half-a-million people in Pennsylvania are currently out of work, the release of this updated report from Penn State … confirms the critical role that responsible energy development in the commonwealth can play in substantially, perhaps even permanently, reversing that trend,” Kathryn Klaber, president and executive director of the Marcellus Shale Coalition, said in a press release.

“Last year alone, Marcellus producers paid more than $1.7 billion to landowners across the state, and spent more than $4.5 billion total to make these resources available. By the end of this year, that number is expected to double, and millions of Pennsylvanians will find themselves the direct beneficiaries of that growth,” Klaber said.

The updated study finds that Marcellus development will create more than 111,000 new jobs by 2011, a result of an increase in the number of wells developed from the roughly 1,400 in operation today to 2,200 expected during the next 18 months.

All told, by 2011, this work is expected to deliver nearly $1 billion in annual tax revenue to state and local governments.

In addition to generating tax revenue, natural gas development stimulates the economy in two major ways: business-to-business spending and payments to land owners, the study states.

Exploring, drilling, processing and transporting natural gas requires goods and services from many sectors of the economy, such as construction, trucking, steelmaking and engineering services. Gas companies also pay lease and royalty payments to land owners, who also spend and pay taxes on this income.

In 2009, Marcellus gas producers spent a total of $4.5 billion to develop Marcellus Shale gas resources, drilling 710 wells that year. The writers estimate that this spending added $3.9 billion in value to the economy and generated $389 million in state and local tax revenues, and more than 44,000 jobs.

Based on energy company plans to drill 1,743 wells this year, value-added dollars, tax revenue and jobs creation are expected to approximately double for 2010, according to the report. And by 2015, the numbers are expected to nearly double from this year.

Some question PSU report

While the report paints a rosy economic picture for the state, assuming that no severance tax is imposed, some are leery of assumptions and claims made in the report.

Dick Martin, coordinator of the Pennsylvania Forest Coalition, an alliance of outdoor enthusiasts, landowners, churches and conservation groups, first notes a disclaimer in the study, that Penn State does not guarantee the accuracy or usefulness of the information.

Martin said the study contains some flaws.

While the study states that development costs are higher in the Marcellus Shale than in other shale plays, “the industry itself tells its shareholders that the Marcellus is a low-cost gas deposit,” he said.

“Chesapeake Energy has told its shareholders that it can make a 10 percent return when gas prices are at only $2.59 per thousand cubic feet. Gas price today is $4.08,” Martin said.

Martin also said the study relies on data and assumptions supplied by the gas industry and that it looks only at benefits and not at costs to communities, infrastructure, environment and regulators.

He said the study does not look at data from other states that either imposed or raised severance taxes. He said there is no evidence that severance taxes affect either production or investment in states that impose or raise severance taxes.

Martin pointed to a review by the state Budget and Policy Center of the study Penn State released in July, saying the review is still valid because the update is based on the 2009 report and used the same methodology.

The review claims that the 2009 Penn State report “overplays the positive impacts of increased natural gas production, while minimizing the negative.”

Among other flaws, the report “exaggerates the impact a severance tax would have on development of the Marcellus Shale and overstates what taxes the industry now pays, going so far as to count fishing and hunting license fees paid by those who benefit from the industry as a tax due to industry activity,” the review states.

Also according to the review, the report acknowledges that many drillers will avoid corporate taxes, paying the much lower personal income tax or avoiding taxes altogether through deductions.

The report also “inflates the economic impact of expanded gas production in Pennsylvania to puff up the industry’s economic promise,” the review states.

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

Copyright: Times Leader

Pa. senator says protection needed to ensure drilling doesn’t contaminate water.

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

The state senator representing the Back Mountain is proposing a series of bills to protect drinking water sources from contamination associated with natural gas drilling.

Sen. Lisa Baker, R-Lehman Township, said on Monday that the chances of water contamination grow as drilling into the Marcellus Shale increases in Pennsylvania, and the proposed bills are in response to citizen and community concerns about the safety of water resources.

“Prevention and protection are preferable to crisis management and emergency response,” Baker said.

EnCana Oil & Gas plans to drill two natural gas wells in the Back Mountain – one each in Lehman and Lake townships – and a third in the Red Rock area in Fairmount Township, not far from Ricketts Glen State Park.

The well site in Lehman Township is less than two miles from the Huntsville Reservoir.

Although there are proposed water protection regulations moving through the approval process, Baker said state law has “more force.”

And as drilling proceeds on a larger scale, “area residents want answers that show responsibility being assured, rather than risks being assumed,” Baker said.

“Reasonable environmental protections will not discourage the development of this industry; they will help to make sure that unreasonable costs are not imposed on local communities and homeowners,” she said.

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 afterwards – 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 the state Department of Environmental Protection to ensure that operators of wastewater treatment facilities are properly trained and sufficiently monitored to lessen the chances of human error creating a major problem.

Baker said some of the costs would be borne by the gas companies.

Oversight costs could be paid for through a severance tax, which is expected to be debated in the coming weeks.

She reiterated her opposition to any severance tax plan that would devote the revenue generated to filling a hole in the state budget rather than providing for community protection in drilling areas.

“The environmental and economic catastrophe in the Gulf of Mexico underscores the crucial nature of taking all reasonable precautions and for being prepared for dealing with extreme situations when things go horribly wrong,” Baker said.

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

Copyright: Times Leader

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

Orginally published on May 21, 2010

By:  STEVE MOCARSKY

SCRANTON – The president of the Marcellus Shale Coalition on Monday told regional community leaders that development of the Marcellus Shale not only will help the economy on a large scale, but it’s just as important to recognize the effects on the area business owners and the area job market.

Kathryn Klaber, who was hired four months ago as the first president of the fledgling coalition, said it was formed in 2008 to advance responsible development of natural gas from the geological formation that lies more than a mile below a good portion of the state.

She was a guest speaker at the annual Lackawanna-Luzerne County Indicators Report presented by the Institute for Public Policy & Economic Development at the Radisson Lackawanna Station hotel.

The report looks at many factors in the area, including jobs, economics, housing and education. All of those are being influenced by development of the Marcellus Shale, Klaber said.

Klaber said macroeconomics are important, “and every shale play has them. But we also realize we have to make this more understandable, that these are real jobs with real companies in Pennsylvania,” she said.

“Around a well site, you’ve got basically a $4 million construction project for each well. And with that comes all sorts of stuff that we make here in Pennsylvania. This is a chance to kind of rebuild that making-and-doing economy,” Klaber said.

Klaber went through each step of well development and explained the types of companies are involved, the kinds and quantities of materials used, and the opportunities that already are being realized by local and Pennsylvania companies.

With new well cementing regulations being proposed by the state Department of Environmental protection, “there is more cement manufacturing that we could be doing here. Rail has been seeing record months of cargo with their hauling related to the Marcellus, she said.

“When we think of it, we just think, oh, the handful of people running that one piece of equipment to drill the well,” Klaber said.

“Oh my gosh, no. In site operation, who’s going to bring backhoes and graders from out-of-state? No, it’s the companies that own the backhoes and graders that is going to be hired to do the site preparation work. Compressors, we’ve got a lot of companies that build components for compressor stations here,” she said.

“Chief Oil & Gas had a 4,000-ton order they just placed with U.S. Steel in the Mon Valley (near Pittsburgh). It’s 50 miles of pipe and that’s only a fraction of what you need in the course of a year,” Klaber said.

Klaber said the coalition is 92 members strong and “growing by the dozens every month.”

Contact the author:  smocarsky@timesleader.com

Copyright:  The Times Leader

State DEP chief talks about protecting water supplies in the Marcellus Shale areas.

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

HARRISBURG – State Department of Environmental Protection Secretary John Hanger laid down the law to representatives of oil and gas companies drilling in the Marcellus Shale at a meeting he called on Thursday.

More precisely, he laid out two sets of proposed regulations for natural gas drilling procedures and responding to reports of contamination of water supplies – proposed regulations that members of the oil and gas industry helped create.

“There were technical discussions on how to prevent gas migration from (natural gas) well sites to water wells and what to do if migration does occur and how to respond,” Hanger said in an interview from his cell phone as he was riding to Dimock after the meeting in Harrisburg.

Hanger was on his way to an interview with ABC News at the site of a natural gas well that Cabot Oil & Gas capped under DEP order after the regulatory agency determined it was one of three that leaked methane, contaminating the well water supplies of at least 14 households in the rural Susquehanna County village.

“I challenged the industry. … I made it clear that regulations would be enforced,” Hanger said, noting that DEP opened two new field offices in Northeastern Pennsylvania in response to Marcellus Shale development and is doubling its enforcement staff. “I also made it clear we were strengthening the rules,” he said.

DEP spokesman Tom Rathbun said in a separate interview that the new drilling regulations would require specific testing according to standards of the American National Standards Institute on steel casing used in all high-pressure oil and gas wells as well as the use of “oil-field grade” cement in well construction.

Rathbun said the oil and gas industry supports the implementation of those standards, and most companies already employ those practices under best-management practices. The goal is to have all companies comply, and Hanger asked the industry to voluntarily comply immediately, rather than wait until regulations receive all necessary approvals, which are expected in November.

Rathbun said the new regulations are “designed to prevent situations like the one in Dimock.” He said the issue there was incomplete casing – Cabot Oil & Gas didn’t use enough cement in the well construction.

DEP in April banned Cabot from drilling in Pennsylvania until it plugs the three wells determined to be leaking gas. Cabot has already paid a $240,000 fine and must pay $30,000 per month until the company meets its obligations.

Rathbun said one well is capped, and Cabot is currently working to cap a second.

He said most of the discussion at the meeting focused on responding to reports of gas migration into water sources.

Currently, the industry is required to report any suspected or confirmed occurrence of gas migration to DEP. The new regulations would require immediately reporting suspected or confirmed migration to DEP and to emergency responders for the affected municipality.

As chairman of the state Environmental Quality Board, Hanger on Monday will present those proposed regulations to the board for adoption. If approved, they will be sent to the House and the Senate Environmental Resources & Energy Committee.

Each legislative committee will have 30 days to review the proposed regulations before either recommending a vote or sending them to the Independent Regulatory Review Commission, which is composed of administrative law judges. A final approval is required from the state attorney general to ensure they are constitutional.

The whole process can take about six months.

Kathryn Klaber, president and executive director of the Marcellus Shale Coalition, which represents the natural gas production industry, said in a written statement that the coalition is “fully committed” to continue working with government regulators to ensure that the potential of the Marcellus Shale in the state is realized in a safe and responsible way.

“Today’s meeting with DEP represents yet another honest and straightforward discussion about the best practices needed to fully achieve this vision. Positive progress on practices relating to the management of historic and naturally occurring shallow gas, as well as other initiatives related to transparency and well integrity, will help our industry continue to strengthen its safety and environmental record while continuing to create tens of thousands of jobs each year for residents of this state,” Klaber said.

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

Copyright: Times Leader

A Back Mountain workshop addresses potential problems with Marcellus Shale drilling.

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

LEHMAN TWP. – Back Mountain residents who attended a workshop on “Natural Gas Drilling and Drinking Water” on Thursday received a mini education on how to protect their wells from potential contamination by migrating natural gas as well as what two regulator agencies are doing to protect state waterways from the same potential threat.

Bryan Swistock, a water resources extension associate from the Penn State Cooperative Extension, presented an hour-long talk about natural gas exploration in the Marcellus Shale formation, how problems with drilling operations could potentially affect drinking water supplies, and what residents can and should do to protect them.

The program was hosted by the Cooperative Extension, state Sen. Lisa Baker, state Rep. Karen Boback, Back Mountain Community Partnership, the Susquehanna River Basin Commission and the state Department of Environmental Protection.

Swistock said about 41 percent of all private drinking water wells fail at least one water quality test, so it’s smart to test one’s well water regularly even without the threat of natural gas from drilling wells migrating into them.

Swistock said energy companies are required to test all water supplies within 1,000 feet of a drilling site before drilling so they have a baseline to compare test results if there is suspected contamination of a water supply by drilling activity. Some companies, such as EnCana Oil and Gas, which is poised to begin drilling in the Back Mountain in July, test wells within 1 mile of a drill site.

Swistock said residents should make sure the person collecting water samples works for a state-accredited lab. He said he’s talked to several people who told them the person who took samples was the same person who negotiated a land lease with them.

For folks who live outside the area in which the energy company pays for testing but want to play it safe, he said a full round of tests can cost up to $1,000. However, testing for the most common elements associated with Marcellus Shale drilling – methane, chloride, barium and total dissolved solids (TDS) – costs only about $150.

Indicators of water problems include foaming or bubbling water or spurting faucets, salty or metallic tastes, changes in water color or odor and reductions in water quantity or flow.

Also making presentations on Thursday were Michael McDonnell, a water quality specialist with DEP, and Tom Beauduy, deputy director and counsel for the Susquehanna River Basin Commission.

Copyright: Times Leader

Governor’s office announced this week a plan to allow Anadarko Petroleum to access 32,896 acres.

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

Some state representatives are concerned about Gov. Ed Rendell’s decision to lease nearly 33,000 acres of state forest land to an energy company for natural gas exploration.

Rendell’s office on Tuesday announced that Anadarko Petroleum Corp. has paid the commonwealth $120 million to access 32,896 acres of state forest through a natural gas lease agreement with the state Department of Conservation and Natural Resources.

Prior to a presentation on the state Department of Environmental Protection’s role in regulating natural gas drilling that she attended Tuesday at Misericordia University, state Rep. Phyllis Mundy said she was disappointed to learn of the lease transaction.

“The areas that could responsibly be leased in state forests are already under lease. Why don’t they go ahead and drill there? We don’t need additional drilling, certainly not until we look into whether this is the really sensitive habitat that DCNR said it was when we discussed it,” Mundy, D-Kingston, said.

But Mundy later qualified her comments, saying they were dependent on whether leasing that acreage was previously factored as revenue in this year’s state budget. “I’m really not clear on what 32,000 acres that was,” she said.

Rendell’s press release on Tuesday did not clearly specify whether revenue from this most recent lease agreement had previously been factored into the state budget. DCNR had leased about 32,000 acres of state forest land to Anadarko in January for $128 million.

Mundy co-sponsored legislation to impose a moratorium on leasing state forest land for natural gas exploration. House Bill 2235 passed in the House and is before the state Senate.

State Rep. Karen Boback, R-Harveys Lake, who also attended the presentation at Misericordia and voted in favor of the moratorium, said she too had a problem with the lease if the revenue had not been previously included in the state budget.

Both representatives have been outspoken in their concern about potentially harmful effects of natural gas drilling on the environment and have been advocating for stronger laws and regulations to protect public heath and safety and drinking water supplies from potential contamination from gas drilling accidents.

DCNR Press Secretary Chris Novak said Wednesday the specific amount of acreage wasn’t included in this year’s budget or specified in Rendell’s 2010-11 proposal, but legislators had agreed during negotiations for this year’s budget that $180 million for the 2010-11 budget would come from oil and gas leases.

Novak said Rendell had a target of $60 million in revenue from leasing out the 32,000 acres of forest in January, but realized $128 million. That extra $68 million would be applied to the 2010-11 budget, she said.

DCNR also leased 74,000 acres of forest for natural gas exploration in September 2008. A total of 725,000 acres of the state’s 2.2 million acres of forest land has been leased for gas drilling, Novak said.

In addition to the up-front lease payments, which are considered rent for the first year of the leases, the state will receive 18 percent royalties on all natural gas produced on the land for the leases signed this month and in January. The royalty for the September 2008 lease is 16 percent.

Rent for the second through fifth years drops to $20 per acre and then increases to $35 per acre for year six and beyond, Novak said.

Novak said DCNR looked at whether important habitat for rare or endangered species and recreational use would be impacted when designing the leases. She said leases for each of the 11 tracts specify areas that cannot be disturbed by drilling.

She estimated that because of new horizontal drilling techniques and the fact that the newly leased land is surrounded by land that had been leased previously, only a minimal amount of newly leased land – probably about 300 acres total – will be impacted by drilling activities.

Anadarko spokesman Matt Carmichael would not estimate how much land would be disturbed because it was too early in the development phase.

“It’s our hope and desire to disturb as little surface area as possible,” Carmichael said.

Anadarko has drilled about 15 wells on state forest land to date, he said.

Novak said that prior to drilling activities and after the drilling is complete and wellheads are installed, the public will have full access to the leased land.

Mundy and Boback were not available for comment Wednesday after Novak responded to questions related to state budget revenue and the disturbance of sensitive state forest habitat.

Copyright: Times Leader

Official lays out efforts to protect environment

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

DALLAS TWP. – The man in charge of ensuring the oil and gas industry complies with environmental regulations in Pennsylvania spoke at a well-attended Back Mountain presentation on Tuesday, informing the public about protections in place and what is being done to improve public safety.

Scott R. Perry, director of the state Department of Environmental Protection’s Bureau of Oil and Gas Management, provided an overview of how drilling into the Marcellus Shale formation differs from other forms of natural gas drilling and discussed the bureau’s current work and future plans to protect the environment.

Misericordia University President Michael MacDowell welcomed Perry to the school’s Lemmond Theater, and assistant professor Julie Kuhlken, who teaches environmental philosophy, moderated a question-and-answer session afterward.

Oil and gas drilling began in Pennsylvania in 1859, Perry said. But new technology that enables horizontal drilling into the 5,000- to 7,000-foot-deep Marcellus formation has brought to the state energy companies that have until recently focused their efforts in western states.

“One of the things we noticed is that people from Texas and Oklahoma aren’t really familiar with hills. Pennsylvania has them, and we also have rain, more so than Texas, and so there have been some struggles in developing these well sites,” Perry said.

Pennsylvania, he noted, is the only state that requires an approved erosion and sediment control plan before a drilling permit is issued.

In his computerized slide show, Perry showed a photo of an erosion-and-sediment control violation at a state drilling site. Controls on the main level were fine, but farther down a hill, a DEP inspector found “a bunch of hay bales” and “silt fence that’s not doing any good.”

“I asked the inspector who took this picture what he thought they were thinking. He said, ‘I think they were thinking I wasn’t going to walk down that hill,’ ” Perry said, eliciting laughter.

DEP forced the operator to put proper controls in place.

Perry noted the DEP hired 37 inspectors in 2009 and is hiring 68 more this year to nearly double the size of the inspection staff to 193. Three-fourths of those employees will oversee the oil and gas industry; higher permit fees pay for it all.

Perry said he believes there are adequate regulations in place to protect public health and safety and the environment, but he supports several provisions in proposed legislation, such as one that would increase bonding requirements for drilling companies.

Perry said DEP officials are “always evaluating” regulations, and when they’re inadequate “we’re strengthening them. … For example, we’re evaluating the permit requirements for air quality. … We’re not done with the evaluation and regulation process for this industry. They’re just getting started and so are we.”

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

Copyright: 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

People are wondering just what EnCana will bring to Marcellus Shale drilling.

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

Edward Buda had been dealing with representatives of Whitmar Exploration Co. for about two years since he, his late brother and sister-in-law negotiated a lease with the company for natural gas drilling on their Fairmount Township property.

Now, there’s a new player in the mix, since Whitmar announced a partnership with EnCana Oil & Gas (USA) Inc. in November for a joint venture in drilling and development of the Marcellus Shale in Luzerne and Columbia counties.

Like others in the Back Mountain, Sweet Valley and Red Rock areas, Buda is a bit wary of the Denver-based energy company.

“We did business with Whitmar. How (Encana is) going to be, I don’t know. How they honor the contract, that’s to be seen. I still don’t know much about them,” said Buda, 75, who lives in Ross Township.

Buda’s brother Walter and Walter’s wife Eleanor signed a fairly simple three-page lease with Whitmar in February 2009, a month before Walter died. Eleanor passed away in November, Edward said, and he became the new lease holder just as EnCana came into the picture.

Now, EnCana wants to lease Edward’s property in Ross Township, but he isn’t too impressed with the $1,000-per-acre offer. And the 16-page lease proposal that has undergone many revisions is written in legalese, he said.

“They wanted to put a drill pad on my property (in Ross Township). I said I want to wait and see what happens in Red Rock (section of Fairmount Township). Everybody’s waiting to see whether it’s going to be a gusher or a fiasco in Red Rock,” Edward said.

Wendy Wiedenbeck, a public and community relations adviser for EnCana, said the well on Buda’s property and a second well planned for a Lake Township property owned by township Supervisor Amy Salansky and her husband, Paul, are exploratory ventures.

If those wells produce an acceptable amount of natural gas, EnCana will develop a plan for expanded drilling operations in the area, Wiedenbeck said. Drilling is expected to begin in July on Buda’s property and gas production should start by October. Clearing of an access road to the site began last week.

Company has won honors

For the past few months, Wiedenbeck has been the face of EnCana locally, arranging and attending meetings with people who live or own property within a mile of the planned drilling sites as well as attending meetings with local groups concerned about drilling activity in their communities.

A self-described “Army wife” with two sons – one in first grade, the other a senior in college, Wiedenbeck has lived in Colorado since 1989 and has been working in community/public relations since the early 1990s. She’s been with EnCana for five years.

“They’re a cultural fit for me. I believe they truly believe in responsible development,” Wiedenbeck said of her employer.

To prove her point, Wiedenbeck provided a long list of awards EnCana has received over the past few years. Just a few include:

• The 2008 U.S. Environmental Protection Agency Natural Gas STAR award, recognizing outstanding efforts to measure, report and reduce methane emissions;

• Interstate Oil & Gas Conservation Commission Chairman’s Stewardship Awards, recognizing exemplary efforts in environmental stewardship by the oil and natural gas industry;

• The 2009 Colorado Oil & Gas Conservation Commission Award for Courtesy Matters program in the Denver-Julesburg Basin surrounding Erie, Colo.

“Courtesy Matters” is EnCana’s community engagement program that brings EnCana staff and third-party contractors together with the community to discuss the nuisance issues associated with company operations,” Wiedenbeck said.

“Courtesy Matters creates a working environment where open and ongoing dialog are paramount. Discussions generally include concerns with traffic, noise and dust associated with our operations,” she said.

Community investment vital

Marty Ostholthoff, community development director for Erie, Colo., said in a teleconference that EnCana is one of four major energy companies drilling in the Denver-Julesburg Basin, the others being Noble Energy Inc., Kerr-McGee Corp. and Anadarko Petroleum Corp.

Fred Diehl, assistant town administrator in Erie, said he would be remiss if he didn’t point out “how far ahead of the other operators EnCana is” when it comes to community investment.

Diehl said he mentioned to Wiedenbeck that officials wanted to install solar panels on a new community center being built, and EnCana donated $250,000 to make that happen. A month ago, the company donated $175,000 for eco-friendly lighting at community ball fields.

“It’s not a requirement that they make notifications to our residents (about drilling activities or problems), but they do. It’s not a requirement that they make financial investments into our community, but they do,” Ostholthoff said.

Of course, there’s a downside to the presence of the drilling companies in the suburban area, which lies in one of the largest natural gas fields in the country, Diehl said.

“These things are still loud,” he said of the drilling rigs. “People come into our offices complaining, ‘We can’t sleep.’ But we worked with the operators to put up hay bales and cargo trailers to minimize the noise. The only good thing is, (the drilling is) temporary.”

As far as addressing concerns of residents, Diehl said all of the companies seem willing and responsive. “If they’re not, one of them can give the whole industry a black eye,” Diehl said.

Wiedenbeck said EnCana will have a toll-free number posted at its drilling sites that people can call to report concerns. Callers who choose the Pennsylvania prompt will be automatically directed to her office or cell phone. An operations phone number also will be established, she said.

And while EnCana will hire someone locally to help with community relations efforts, Wiedenbeck said she will continue to be “that face” for the community. She has spent about half her time in Pennsylvania since EnCana partnered with Whitmar, sometimes bringing her youngest son, Sammy, on trips here.

“He loves Pennsylvania,” she said.

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

Copyright: Times Leader