Delay Rentals: The Old Becomes New Again

Once upon a time in the oil patch it was completely normal for West Virginia oil and gas companies to pay a delay rentals for their leases.

Then the Marcellus Shale boom happened and competition for mineral rights blew up. Instead of paying a delay rental, the companies started paying a signing bonus. Actually, it might be better to say that the companies started paying the entire delay rental up front and calling it a signing bonus because that’s what actually happened.

Like for so many other things, 2020 happened. Demand for natural gas dropped, driving the price of natural gas down to almost $1.50/MMBtu at one point, a price that had never been seen in the Marcellus Shale era. Banks realized that oil and gas was a bad investment, and stopped throwing fists full of Benjamins at the drilling companies.

Without loads of cash, oil and gas companies had to cut back. But the nature of oil and gas wells is that their production goes down every day, so the companies had to keep drilling new wells. To drill new wells they had to keep taking new leases. You see the problem, right?

In order to make it cheaper to acquire new properties, one company, EQT, has started paying for leases the old fashioned way–delay rentals.

What’s, exactly, is a delay rental you ask? There are two parts to explain. The Rental, and The Delay.

The Rental: A delay rental is a rent payment that’s due on the anniversary of the lease. If you think of this as a commercial lease on a building where there is one large payment per year, it might make more sense. Right now, EQT is offering $250 per acre, so if you owned 10 acres you would get $2500 at the beginning of each year of the lease.

The Delay: A delay rental payment is made so that the oil and gas company can delay drilling on the property, but keep the property under contract. Historically, oil and gas companies would sign a lease and the lease would say that they had to drill a well within 30 or 90 or 180 days (or some other time period) or they would have to pay a rental or lose the lease. As the industry matured, they dropped the requirement to drill within a time period and just started agreeing upfront to pay a delay rental for a certain number of years.

There is one very important thing to know about Delay Rental leases. There is always language in the lease that says the company will no longer have to pay delay rentals if they drill a well. You don’t want this. They will change it.

There is one other very important thing to know about Delay Rental leases. There is also almost always language that says they will be able to recoup any delay rental paid once royalties start flowing. You don’t want this. They will change it.

So the next time EQT calls you up about a lease, take a good hard look at the language of the lease and make sure you understand what you’re agreeing to (or have your local oil and gas attorney take a look at it). You might find that you save yourself an awful lot of money and confusion if you do.

The State of Oil and Gas: October 15, 2020

Natural gas prices are $2.79/MMBtu after hitting a low below $2.00 about three weeks ago, and rig counts are at 269, climbing slowly as drillers realize that their production numbers are falling off too much.

Chevron has at least one bid for its Marcellus/Utica holdings. EQT has offered $750 million. Chevron has about 800,000 acres and some pipeline rights up for sale, so that’s bargain basement territory, right around $1000 per acre. It’s hard to imagine that other bids are for significantly more, though.

Natural gas prices will be lower for many West Virginia consumers this winter.

Demand for natural gas is down, but drilling is down even more. New wells won’t supply even the reduced demand. Drillers don’t have the money to drill enough new wells. Instead, they are completing drilled but uncompleted wells (DUCs), wells that they drilled in the past but didn’t frack.

Gas prices nosedived, but that’s pretty typical this time of year.

LNG exports seem to be picking back up, judged by the line of tankers in the Gulf.

Libya is starting up oil production, again, but not totally.

Slapping Governor Jim Justice in the face, the West Virginia Economic Development Authority approved a direct loan (not just a loan guarantee) to the Brooke County power plant.

The Mountaineer NGL Storage project has requested that the State of Ohio cancel it’s permits. This is bad news, but not necessarily an end. This project is very dependent on the PTT Chemical cracker plant getting built, and they keep kicking that can down the road. If the cracker gets final approval, the storage project will probably get final approval.

The EIA just now (October 2020!) published numbers for 2019 for natural gas production, use, and export. All three set record highs.

One prediction has natural gas prices hitting $5/MMBtu next year. I have a hard time believing that, as it’s only too easy to bring more rigs online and increase production to offset any rise in demand. That’s what horizontal fracking has done to the oil and natural gas market.

Here’s a good analysis of current natural gas supply and demand over at Seeking Alpha. Short take: demand is slowing, but supply has slowed more.

Since we’ve posted one prediction, here’s another. Yahoo Finance is saying 2021 will see $3.13/MMBtu average for the year, due to reduced production. I’d say that’s a more realistic price prediction.

Southwestern Energy owns a lot of leases in West Virginia. Their bank has reaffirmed their line of credit of $1.8 billion. They must be doing OK, even in these lean times.

Saudi Arabia plans to increase oil production from 12 million barrels per day to 13 million barrels per day. Expect to see prices at the pump go down.

The Brooke County power plant that the Governor was fighting with Brooke County over is now dead. The CEO said that investors were scared off by the fight. Well, those weren’t his words, but read between the lines for yourself.

A third prediction puts natural gas prices ending 2021 at $4.00/MMBtu. Huh. Those folks follow the market forces a lot closer than we do, so maybe…..?

The State of Oil and Gas: September 15, 2020

Natural gas prices are at $2.36/MMBtu, and rig counts are at 254, up 10 from last month.

It’s been an interesting month for energy. Hurricane Laura hit, the industry seems to be turning around as demand ramps back up, West Virginia’s Governor got into a little tiff with Brooke County, West Virginia–as in the whole county, Libya seems poised for peace and oil production, and Hurricane Sally is about to hit. Read on for details!

The Houston Chronicle is saying that by the end of the third quarter of 2020, all of the wells that have been shut-in because of the slowdown in the economy will have been turned back on.

Antero is raising money to pay for old debts by creating new debts.

If you want to dive into the science that these oil and gas companies do when planning and drilling wells, this is a good article for you.

The demand for natural gas liquids has rebounded far more quickly than the demand for oil or natural gas.

The natural gas fired energy plant that’s planned for Brooke County is now on the ropes. The State of West Virginia has backed out of a promise to guarantee a $5,000,000.00 loan for the project. The reason cited in the article is that the State hadn’t been given enough assurance that the majority of workers would be West Virginians. That’s really short-sighted. Either somebody is badly informed regarding this project as a whole, or there’s some political wrangling going on in the background that we won’t ever get to see. Politics is rather like making sausage, after all.

The Mountain Valley Pipeline has requested a two-year extension on permits needed to complete its construction.

West Virginia Governor Jim Justice was questioned about the decision to back out of guaranteeing the loan on the Brooke County power plant. We find his answers to be rather…..questionable…..in the sense that most of his answers were in the form of questions that he says he wants answers to. Really? At this point in the process? Hmmmm.

The United States set a record for daily natural gas power burn in July. That was unexpected!

Some Brooke County public officials responded to some of Jim Justice’s questions.

Elba Island’s tenth and final LNG train went online!

Hurricane Laura hit the Gulf Coast, killing people, destroying property, and disrupting the natural gas liquefaction plants located there. The most fascinating stat is that 85% of oil and 59% of natural gas wells in the Gulf Coast area were shut-in because of this, but the price of those products didn’t skyrocket. Used to be, it would have. Horizontal fracking has made our energy economy more robust. That’s good for consumers.

Jim Justice clarified some of his statements. He still doesn’t seem to understand natural gas pipelines in relation to the shape and topography of his state in the northern panhandle. Someone needs to show him a map of the Rover pipeline. Oh look! I found one online in less than 10 seconds. What in the world is he up to?

Hurricane Laura didn’t do any actual damage to the Sabine Pass LNG plant.

Oil production in the United States is likely to see a significant decline in the next few months. Natural gas production will also decline, both because some natural gas is always produced with oil, and because natural gas plays are experiencing many of the same market forces that oil is right now.

There haven’t been as many mergers in the oil and gas patch as people were expecting. That’s interesting because mergers are usually the result of a bankrupt company being absorbed by a more financially healthy one.

Libya has been in civil war for almost a decade. There is currently a cease fire in place, and more than one interested party is pushing for permanent peace, including the Italians. If peace breaks out, Libya would start producing oil again.

The President of the West Virginia Chamber of Commerce wrote an op-ed in support of the Brooke County power plant. He points out that this type of power plant is coming, and if it’s not built in West Virginia it will be built somewhere else.

We don’t usually get into politics, but this piece deals simply and apolitically with Joe Biden’s stance on fracking, and explains why he won’t (and in fact, can’t) ban fracking entirely. It’s pretty free of political rhetoric, and explains why I wasn’t hyped up about a Republican winning last time, and why I’m not worried about a Democrat winning this time.

As an aside, and this is the one and only subject on which I’ll get into politics outside of energy policy on this forum, I strongly encourage you all to vote third party, because if you think about it, your vote counts for a lot more when you vote third party than if you vote for one of the two majors. I won’t be discussing politics in the comment section. Now, back to oil and gas.

A wastewater injection well may be leaking wastewater into a formation that other gas wells are producing from.

King coal could be influencing Governor Justice to slow down the Brooke County power plant.

The State approved the loan guarantee.

The West Virginia Coal Association wrote a letter opposing the power plant.

It looks like Libya really is going to start producing oil again.

Hurricane Sally is approaching the Gulf Coast.

The State of Oil and Gas: August 15, 2020

It has been a while since we’ve posted on this website. A lot has happened, of course. You know about coronavirus and probably are aware that it has been bad for the natural gas industry. The effects seem to be tapering off just a little bit at this point.

What you don’t know is that we’ve been working to start an estate planning law practice. Oil and gas has just been so slow lately that we’re having to do something else to make ends meet. If you’re in West Virginia and would like to take a look at a will or a power of attorney, or if you are the guardian/parent of young kids, pop on over to wvestateplan.com and then give us a call. We’re awfully excited to be providing this service for our people!

In the meantime, oil and gas is still there.

Gas prices are $2.32/MMBtu (nice!) and rig counts are at 244 and still creeping down.

Now, for the really high points of the last few months.

The demand for natural gas in the U.S. went up last year, but only by about 3%. Production went up by 10%, hence lower prices.

COVID-19 has affected everything, including natural gas prices. It’s not a direct affect, though. The demand for energy, overall, has gone down. That drives down the price of oil. That drives down the production of oil. That drives down the supply of natural gas that is produced from oil wells. That reduces the supply of natural gas, which actually increases the price of natural gas. Of course, overall demand is down so the price of natural gas has gone down. It hasn’t gone down as much as oil has gone down, though, because of the inverse relationship between oil and natural gas. The result has been that natural gas prices hit a low of $1.52/MMBtu, but did not stay there.

There has been a plan to build a gas-fired power plant in West Virginia’s northern panhandle, in Brooke County, for years. Back in June, the Brooke County Commission passed a resolution in support of the plan. Apparently, that was a necessary step in the process.

The Atlantic Coast Pipeline won its appeal to the U.S. Supreme Court, which meant that the ACP could finally be built. Then a couple weeks later, Dominion cancelled the project entirely. Then, they sold all of their pipelines to Berkshire Hathaway, a/k/a Warren Buffett. Talk about mixed messages.

Antero Resoures sold some of its royalty rights to another company, a financial move which could mean a lot, or could just be business as usual. Then they did it again.

The Times West Virginian ran a pretty comprehensive article about how the natural gas industry in West Virginia has responded to the coronavirus.

One of the financial backers for the PTT Global Chemical cracker plant pulled out. That’s a hard blow, but not insurmountable. Clearly, as PTT turned around and signed a deal with Mountaineer NGL Storage to use their gas storage.

When banks aren’t loaning money to oil and gas producers, you know the industry is having hard times. Banks are currently selling off their previous loans to producers.

In a good sign that economic activity is picking back up after COVID-19, gas delivery to LNG exports and domestic consumption drove the price of natural gas futures up $.30 in one day.

And that’s that. We’ll probably post one of these once a month for the near future as we ramp up our estate planning offerings. Thanks to everyone who mentioned that they missed seeing these, it’s always gratifying to know that your work makes a difference to someone.

The State of Oil and Gas: March 1, 2020

The price of natural gas is $1.75/MMBtu (as low as $1.64 at one point), and rig counts are 790. Things haven’t changed much in the last two weeks. Even storage levels are still just above the five year average, as they have been for months. We seem to have hit bottom.

Oil prices are stabilizing. Investors seem to think that the effect of coronavirus on oil demand has now been built in to the price of oil and it doesn’t need to change any more. Of course, if coronavirus starts to affect a lot more people, that could change.

Antero is working to cut its costs and increase production — same old, same old. They mention a 10% reduction in General and Administrative Costs, which is from a layoff in 2019 and natural attrition of employees quitting for various reasons. Doesn’t look to us like another layoff coming. This year is probably going to end with no growth from any of the drilling companies, few leases taken relative to the past, and fewer acres drilled. Our clients will be getting less money from royalties and from lease bonuses. If that’s what you’re relying on to get you through the year, you’d better find another source of income.

This article makes the argument that natural gas prices are going to remain down for the foreseeable future.

Interestingly, the West Virginia Senate passed a bill that will encourage the development of solar power in the state. The bill moves on to the House next.

Production is decreasing. This is the first time that has happened in…..well, a long time. It’s not anything to get too excited about. Production will increase the second prices stay up a bit, so prices will never skyrocket. Good for consumers, bad for royalty owners.

The West Virginia legislature is pushing a bill that would create tax credits for companies that store or transfer natural gas. It’s aimed at cracker plants and large storage facilities. It would be financially beneficial to have those plants here rather than the Gulf Coast.

Chevron sold off its assets in the Marcellus shale area, and now it’s firing its employees.

Producers have been bringing DUCs online as that’s a cheaper way of getting some gas to market than drilling a new well. The supply of DUCs is going down, though. At some point they’ll have gone through most or all of the DUCs. What happens then?

A 24-inch gas pipeline ruptured in Mississippi, injuring 46 and forcing 300 to evacuate.

The State of Oil and Gas: Feb 15, 2020

Gas prices are at $1.84/MMBtu, and rig counts are the same as they were last week.

EQT is going to sell an overriding royalty, hoping to raise $1 billion.

At least one person thinks that fracking has led to fewer recessions.

Gas prices are not expected to get above $4/MMBtu until 2050. 2050! I’m not surprised. Unless there’s some kind of long, big, sudden emergency, the supply of gas is going to outpace demand.

John Hess, CEO of major oil corporation Hess Corporation, says that fracking in America is going to slow down in the next few years. Basically, he thinks we’re just about tapped out of new shale to drill.

Coronavirus is a black swan event, and will cut back on oil demand. Exactly how much is really unknown at this time as the virus’ spread and consequent affect on everything is still unknown.

EQT is in trouble, but not so much that they couldn’t declare a dividend for their stocks. It’s just 3 cents, but hey, it’s something. Guess they shouldn’t be cutting back on how much they pay people for their leases.

An article at Seeking Alpha dives deep into how capital expenditures in oil and gas are dying off and concludes that natural gas prices are going to go up again soon. The one thing he doesn’t talk about is how much more efficient drillers have become in the last few years. Gas prices are going to stay down for a while.

West Virginia’s legislature is trying to criminalize trespassing on critical infrastructure facilities (pipelines). Seriously? Why should pipelines get special consideration? We already have trespass laws on the books.

The State of Oil and Gas: Feb 1, 2020

Today, the price of natural gas is $1.84/MMBtu, and rig counts are still trending down.

The West Virginia legislature is looking at a couple bills that will affect oil and gas production and development.

China is going to be buying more natural gas from us over the next few years. This is going to help — a little — with natural gas prices. We can produce so much natural gas that it’s not going to make a big difference.

One fellow thinks that oil services companies are past the worst part of the downturn.

EQT’s stock has been downgraded — to junk!

LIbya is not producing oil right now (civil war, I feel for those folks), but the price of oil is actually going down. Fracking has made the U. S. much less dependent on foreign oil. Even just a few years ago, Libyan oil going off the market would have resulted in a strong bounce in oil prices.

The President is encouraging European nations to buy American LNG.

Two workers were injured on a well pad in Marshall County. The oil patch is dangerous.

Pennsylvania upheld the Rule of Capture in oil and gas law.

RBN Energy does a deep dive into natural gas prices and predicts (no surprise) that gas prices will remain down.

Seeking Alpha looked at Cabot’s numbers and it looks like Cabot can make money clear down to $2/MMBtu. That’s impressive.

Forbes is cautiously optimistic about the new oil and gas trade deal with China.

Seeking Alpha suggests that at least part of the reason production went up while drilling went down is that drillers were bringing DUCs online. That’s….actually a really good point.

NGI predicts sub-$2.00 gas for 2020, calls it Gasmageddon. Nice.

On the other hand, one writer over at Seeking Alpha thinks drilling has been going down long enough that we’ll start to see reduced production soon, and $3.00 gas with it.

We’re beginning to see hints that we’re at the bottom of the market. It’s probably going to stay here a while, particularly if the winter weather stays mild–which is likely. With rig counts down and demand only climbing slightly, we don’t expect to see any significant changes in the market until next fall. Natural gas prices will rebound back up over $2.00, and probably over $2.25, but they are unlikely to go higher than that for long.

The State of Oil and Gas: January 15, 2020

Today, gas prices are at about $2.13/MMBtu, and they briefly dropped below $2.00/MMBtu during the last couple weeks.

Rig counts are at 781, which is down again. That’s going to reduce production eventually.

RBN Energy’s 2019 Prognostication Results and 2020 Prognostications.

Cameron LNG has started producing LNG from Train 2. More LNG going overseas!

Every year, Mexico hedges the price of natural gas, assuring the country that it can get gas at a specific price, making it easier for the country to budget for its energy needs. This year’s hedge (which will be effective for the rest of 2020) is at $49/bbl.

The EIA expects energy demand to grow 50% in the next 30 years. That’s an enormous amount of growth. Most of the growth will be in Asia.

Over the last six years, rig counts have dropped by 50% while oil production has increased by 60%.

One trader thinks natural gas prices are unlikely to move up significantly. I agree.

The 4th Circuit rejected a permit that the Atlantic Coast Pipeline needs.

Gas prices keep going down, but demand is going up. Up 20% in the last five years. That’s a trend that’s going to continue.

EQT is saying they’ll need more help from the West Virginia legislature in order to develop natural gas in West Virginia. They don’t. The solutions that EQT proposes are only in the interest of the companies and never good for oil and gas owners. The WV legislature really needs to think more about WV oil and gas owners.

The West Virginia legislature is working on an organization that would help secure investment money from China. Some of this money would hopefully get used to build the Appalachian Natural Gas Storage Hub.

If you’d like to know more about the international LNG market than you probably need to, then read RBN Energy’s series of posts about it.

Oil prices are becoming more stable, or perhaps it’s better to say less volatile, than they used to be. Stable is not a word to use in the same sentence with the term “oil prices”.

Natural gas production from the Marcellus/Utica region declined last month, and projected production is flat for the year. My gut says production will start to decline before the end of the year.

The State of Oil and Gas: Jan 2, 2020

Gas prices today are $2.13/MMBtu. Still down, but down farther than I expect them to stay for long. Rig counts went back up in mid-December, but back down at the end of the month. The long-term trend is down. Gas production is trending down, too. Read on for more details about the oil and gas industry. Much longer and gas prices have to go up because supply will go down.

If you’d like to take a pretty detailed look at current natural gas supply and demand, this article from RBN Energy is the one to read.

In an article about how West Virginia’s coffers have suffered from the slowdown in gas production and the lowering of gas prices, there’s some analysis about gas production.

Chesapeake is looking at hard times coming up. If I were a betting man, I’d put some money into CHK stock, though. I’ve never seen them lose in the long run. Note: I don’t invest in oil and gas companies, and I’m not an investment adviser; do your own homework (but take a look at CHK).

Mountain Valley Pipeline has cancelled a contract with one of its construction subcontractors. Interesting. It may not mean anything, or it may mean a lot. There’s just not enough information to be sure.

Back in September the U.S. exported more oil than it imported. For the first time in 46 years.

Natural gas did more to reduce greenhouse gases last year than renewables did.

Someone did an analysis of the Atlantic Coast Pipeline’s current situation.

Production growth in the oil sector will fall next year, according to prognosticators. The same will be true for natural gas. It can’t continue on this path for long. I give it about six more months like this before the price of gas and oil starts to climb. That’s a very seat of the pants guess, of course.

Explore the changing relationship between oil prices and natural gas prices.

West Virginia’s Attorney General is pushing for the Supreme Court to overturn the ruling that stopped construction on the Atlantic Coast Pipeline.

Antero Resources has put up some of its assets for sale. They plan to get about $1,000,000,000.00 for it. Yep, $1 billion. Just a little sale. No big deal. Nobody’s wondering what’s going on.

Chevron is also selling assets. All of them. It seems like a good time to buy assets in the Marcellus/Utica play. It’s going to take somebody who really knows what they’re doing, though. Times are tough in the natural gas patch.

Southwestern is cutting back on production growth next year. It’s still going to grow, but less than it did last year. This is what is going to happen for most producers, and eventually there won’t be enough gas flowing and the price will go up. That situation will not last long, though. It’s really easy to produce new gas from new wells, almost on demand.

The Mountain Valley Pipeline has settled a lawsuit for $2.15 million dollars.

Elba Island shipped its first Natural Gas Liquids cargo.

Marcus Hook isn’t able to take as much of the NGLs produced from the Marcellus/Utica play as producers would like. Seems they’re looking at expansion, though.

A well in Marshall County exploded. There were no injuries and Tug Hill was able to shut down the well remotely, which put out the fire. As far as gas production disasters go, this was a good one.

Production is beginning to lag a bit. The Appalachian region is expected to reduce production by 74 MMBtus per day in January, according to this EIA report. Everything else seems to be trending down as well, except in the Permian Basin. We’re getting close to the bottom. It’s hard to say how close, though.

Researchers at the University of Kentucky are studying the Rogersville Shale.

Arsenal has completed its second bankruptcy of 2019.

People are still sitting in trees on the Mountain Valley Pipeline construction right of way.

A compressor station in Ohio County caught fire the day before Christmas. Nobody was injured and the fire was put out in about 30 minutes. Again, a best case scenario for an oil and gas disaster.

The State of Oil and Gas: December 1, 2019

Today the price of gas is about $2.33/MMBtu. That’s down a good bit from two weeks ago. Odd that it should go down so much as gas storage is right at the five year average, but that’s the way it is.

RBNEnergy analyzes the demand for natural gas and how that’s affecting prices.

And the rig count continues to fall.

Here’s an argument that the trade war between the U. S. and China is the largest factor in the price of oil.

Preliminary reports say that the North Carolina governor, Roy Cooper, improperly influenced the permitting process for the Atlantic Coast Pipeline. Stay tuned, as it seems there’s more info coming.

The last “old” EQT leadership team member has resigned, saying he’ll be taking a spot at an undisclosed company.

One fellow over at Seeking Alpha thinks that spring of 2020 will see oil prices in the $35-40/bbl price range. It’s not a long read, and I’m not convinced that the amount of oil he says will be coming online in the next couple years will make a difference in the next few months, but see what you think.

The Keytsone XL pipeline has sprung a leak, affecting about 4.8 acres. Sure hope the ACP and MVP are a little more reliable than this. Oil leaks don’t typically explode. High pressure gas does.

Harold Hamm of Continental Resources explains a little bit of why we have an oversupply and a few other things he thinks are important.

People still want a cracker plant in West Virginia.

The EIA is predicting lower natural gas prices for most regions of the United States next year.

The price of gas is staying down, but the world is demanding more and more of it.

Everything is going electric, which means that the demand for natural gas is going up. While it would be great (I really mean that) for wind, solar, and tide to provide that electricity, the tech is just not mature enough to do so yet.