Antero’s Water Treatment Plant in West Virginia

Ken Ward, Jr. of the Charleston Gazette-Mail put together an excellent article on the wastewater treatment plant that Antero Resources is building on the Doddridge County and Ritchie County line.  He explains the need for the plant, the controversy around the plant, and gets into the regulatory framework that is either being used or abused depending on your point of view.  There are a number of points of view represented.

Basically, the plant takes up a lot of space and has disrupted the lives of the people who live next to it.

For regulatory purposes the plant is supposed to be privately held and used by Antero.  Being private instead of commercial, the plant doesn’t have to go through some regulatory approvals.  Interestingly, Antero will be taking water from other companies and treating it.  Usually that would be commercial, not private.   It looks like Antero is using a loophole to avoid regulations.  People don’t typically like that kind of thing, particularly when their lives are being disrupted by someone who is making a lot of money disrupting their lives.

There’s more in the article.  We won’t ruin it all for you here.

The State of Oil and Gas: September 15, 2016

This article over at RealMoney.com poses the question, “have American producers achieved sustainable profits?”  It doesn’t give an answer, but points out that Saudi Arabia is probably in a world of hurt either way.  It’s short and worth the read.

Chesapeake is by far and away the largest producer in the Utica Shale at 1 million acres, 146,000 BOE of production per day, and having drilled 588 new wells in 2015.  Check out the chart in this article.

It’s August 18, 2016 and oil prices continue to rise based on mere speculation that OPEC and Russia will freeze oil production.  I’ll believe that when I see it.  Gas prices are on the rise because of lower than expected storage numbers.  That makes sense.  Oil prices on the rise because OPEC is talking, yet again, about freezing production doesn’t.

This article from Seeking Alpha suggests that $50/bbl oil is here to stay.  It gives three reasons, one of which is that investors are very willing to invest in oil and gas companies still.  That is one thing that I had been wondering about.  If investors had not been willing to do so, we could have seen serious decreases in production in the near future.  Since they’re willing to, we’re a lot less likely to see a serious decrease in production and a corresponding increase in oil and gas prices.  While the article is written with oil in mind, you could easily replace the numbers for oil with numbers for gas and get the same story.

Another article from Seeking Alpha (sometimes they’ve got a lot of great stuff) is predicting that gas prices are going to continue to move higher.  If you like to read stuff from a commodity trader’s point of view, this is an article for you.

Today is September 1, 2016.  Oil prices are still hovering around $45/bbl, and gas prices are still hovering around $2.75/MCF.  We’ve seen a significant increase in the number of inquiries from potential clients who’ve been offered oil and gas leases lately.  The most interesting was an Antero Resources lease in Monongalia County.  Northeast Natural Energy has been working in Monongalia County for about a year, in the same area that Antero is working.  If NNE is interested in making some money by flipping their leases, they timed it just right.  This is good news for anybody who signed leases with NNE, because another company showing interest in the same area means that there’s good potential for production there.  We hope you Monongalia County, WV mineral rights owners get great royalty checks in the very near future!

OPEC will be meeting this month to announce that they have not reached a deal to freeze production.  Oil prices will fall when that news is announced.  Saudi princes selling oil prices short will make a bundle.  If I knew enough about trading commodities, I would make a bundle, too.  Actually, I probably wouldn’t because everybody else with half a brain will be selling short at the same time.  Or maybe I just showed my lack of knowledge about how trading commodities works?  It doesn’t matter, I do West Virginia oil and gas law.

This article has as its thesis that OPEC no longer has the power to control oil and gas prices.  I agree.  The article is interesting because it discusses the current state of the oil and gas industry, much the way this blog post does.  It’s worth a few minutes to read.

It’s September 15, 2015 and the price of gas is at $2.91/MCF and the price of oil is $43.70/bbl.  Prices have been relatively stable lately.  Drilling seems to be picking up just a little bit nationwide as the rig count has gone up a bit.  Leasing has definitely picked up in West Virginia.  We’ve picked up several new lease negotiation clients this week.  While interest in leasing up property in the northern panhandle is picking up, it also seems to be picking up in the old core, consisting of Ritchie, Tyler, Doddridge, and Harrison counties.  We’ve also run across a lease from Antero Resources in Monongalia County, which is a new interest for them.  Previously, Northeast Natural Energy and EQT were the only companies working in that county.

We’re looking forward to seeing what happens with the OPEC meeting in Algeria on September 26-28.  We fully expect them to announce that they will not be curtailing or freezing production.  We also fully expect lots of people to speculate that they will.  It would be great for American producers if they did, as that would drive prices up and give American producers an opportunity to start drilling again.

Westmoreland County Pipeline Explosion: Corrosion Found Back in 2012

This is big news.  Anyone living close to a natural gas pipeline really ought to read this article.

The short story is that Tetco found corrosion on its pipeline back in 2012.  They didn’t just find a little bit, either.  Fully 1/3 of the thickness of the pipe had corroded away.  That didn’t set off alarm bells, though.  Why?  Because the industry standard was to expect 1-3% of the thickness of the pipeline to wear away each year.  Since the pipeline was scheduled for another inspection in 2019, they figured they would just check up on it then.

The corrosion actually occurred at a rate of 10-15% per year.

The pipeline exploded.

The company is going to be paying out the wazoo for damage to property and to the poor guy who got burns over most of his body while running away from the fireball.

The moral of the story is this: when the pipeline representative tells you that the pipeline has regularly scheduled inspections and that they know how to keep it safe, they aren’t right.

The rep isn’t lying.  The rep believes what his/her employer is telling them.  The pipeline actually believes it is doing what it should (in most situations).  They’re just not right.  They simply can’t account for any and all contingencies.

Pipeline companies really need to step up the inspection schedules and come up with some better technology to protect the people that live next to their pipelines.  We mentioned in a previous post that less than 20% of all pipeline problems are discovered by the technology employed for that purpose.  Well over 50% are discovered by landowners and pipeline employees visually inspecting the pipeline right of way.  That’s just not acceptable, at least not when the company is telling people that their technology will keep them safe.

Pipeline News Article with some Substance

It’s rare to see a news article about either the Atlantic Coast Pipeline or the Mountain Valley Pipeline to have much other than environmental or company rhetoric.  This one is the exception, including quotes from a Virginia attorney who obviously has some experience with pipeline easements, quotes from some actual easement agreements, a bit of analysis, and some hard numbers.  It was nice to see.  Please pop over to the article and read it.

Post-Production Costs in PA: Fight!

Mineral owners and companies are having a little dustup over post-production costs up in PA.  Over the last couple of days, Bradford County has passed a resolution asking that all production be stopped on wells where the mineral owners are receiving little to no royalties, and hired a firm to put together a video on the subject.

Since it’s not West Virginia, and we’re pretty strapped for time right now (check the date of the last blog post), we haven’t been discussing it.  However, Marcellus Drilling News has been reporting about it pretty thoroughly.  It’s a subject that doesn’t get much attention in West Virginia, but should.  There are plenty of mineral owners here who are getting post-production costs removed from their royalty checks.  Most of them shouldn’t.  Here’s the link to the most recent MDN article about the battle in PA.

Methanol Plants for West Virginia

This is excellent news for West Virginia.  A California based company, US Methanol, is in the process of dismantling some existing methanol plants overseas and installing them in the Kanawha River Valley.

The plants take natural gas and convert it to methanol which is used for a host of things.  Wikipedia is a good place to start if you want to get into those details.

We’ve been hoping for a cracker plant for West Virginia for a long time, mainly because it would be good for the West Virginia economy.  Right now, pretty much all of the natural gas produced here is shipped out of the state as a raw product.  Shipping a finished product would certainly be better, as would having the additional jobs.  These plants, while not as large as a cracker plant, would provide a more finished product and some jobs.  The nice thing is, they can be built in 12-14 months.  A cracker plant takes several years to build, after several years of planning.

Right now there are two methanol plants that are definitely being built, but US Methanol seems to be thinking of building more.

While this is good news for West Virginia residents, it’s also good for West Virginia royalty rights owners.  The increased use of natural gas here in the state will drive up demand, and consequently drive up royalty payments.

The State of Oil and Gas: August 2016

One wild card in the oil prices card deck is Libya.  That country has had civil war since it deposed Gaddafi (how many ways are there to spell his name in English?) in 2010.  Production of oil dropped from about 1.6 million bpd to about 300,000 bpd today, with a low of 80,000 at one point.  If they can get their act together, they might be able to get back to 1.6 million or more.  There are signs that the two sides are reconciling, but it’s impossible to predict.  They’ll have some rebuilding to do, too.  This article gets into the subject a little more.

The Cleveland Federal Reserve says that natural gas production has evened out, but isn’t growing.  This is from the Beige Book, which is not based on statistics, but anecdotal accounts, so make of it what you will.  It’s definitely not forward looking, but is a good overview of what has happened recently.

There has been talk about building cracker plants in the Ohio River Valley for years.  Now talk is starting to pick up about some infrastructure that would support those plants, a storage and pipeline complex that would stretch hundreds of miles along the Ohio River Valley from Monaca, PA to Catlettsburg, KY with a spur running from Charleston, WV following the Kanawha River to the Ohio River.  Dubbed the Appalachian Storage Hub, it would hold 110 million barrels of liquid ethane.

There are two big suppliers for oil and gas drillers, Halliburton and Schlumberger.  Both are confident that drilling is picking up.

Consol Energy is re-starting its drilling program.  Unfortunately for our clients, it’s going to be in Ohio and Pennsylvania only.  As we still have an abundance of gas I think it’s unlikely that Consol will begin drilling or even taking leases in West Virginia in the near future.  We’ll have to see gas prices hit $3.50/MCF consistently before that happens, I believe.

Speaking of gas prices, today is July 27, 2016, and prices have been slowly sliding down from a high of about $3.00/MCF a couple weeks ago. This is in spite of hot weather increasing demand for natural gas for power generation.  The decrease in price would have to be because we still have a lot more gas in storage than we have had in the recent past, and with the increase in gas prices a few drilling rigs have been brought back online.  Production numbers are dropping off, but not quickly.  We won’t hit storage capacity at the end of storage season like some people were predicting this spring, but we will still have record amounts of gas in storage.

Bloomberg.com says that the fracklog (total number of drilled but not fracked wells) is beginning to shrink.  The article only treats oil plays, but the same thing holds true for gas plays.  Drilling has slowed, and fracking old wells can be quite a bit cheaper that drilling new ones, so it makes sense to do that first when gas prices start to climb.

Marketwatch.com says that falling oil prices are due more to a strengthening dollar than to any fundamental changes in supply and demand.  Long story short, oil is bought and sold with US dollars.  When the dollar goes up in value (strengthens) you need more Saudi Arabian riyals to buy the same barrel of oil.  If buyers don’t have more riyals to give for the same barrel of oil, the price of that barrel of oil has to go down.  Lately the US dollar has been strong, so the price of oil has been dropping.  This kind of thing doesn’t affect natural gas prices right now because natural gas is mostly a national commodity.  As we export more and more LNG we may begin to see the strength of the dollar begin to affect LNG prices, too.

Here’s an argument from nakedcapitalism.com that says we’re likely to drop to $36/bbl again pretty soon.  The long and short of it is that once prices hit $50/bbl for a little while investment money started to flow to developers, and developers started drilling, and drilling increased oil supply, and since we have tons of oil in storage already the little bit of extra supply decreased the value of oil.  Pretty sensible, really.

This Reuters article goes into a lot of what I’ve been thinking regarding what’s going to happen when oil and gas prices start to really recover.  The only thing it doesn’t touch on is whether banks and investors will be willing to put money into oil and gas right away.  I won’t summarize the article because there’s not much fluff.  Take a few minutes to read it.  It’s well worth it.

July 29, 2016:  So, this time of year refineries are shutting down for scheduled maintenance.  That means we won’t be using about 1.2 million barrels of oil per day for a while.  Since it’s scheduled, maybe the markets have planned for it and it won’t affect the price of a barrel of oil.  Maybe it will.  It will be interesting to see.

An article from NGI (subscription required) says that a lot of previous oilfield workers are not coming back to work in the “patch”.  They got burned last time, and don’t plan on getting burned again.  Can’t say that I blame them.  The market is improving, but there is no promise of a boom this next time around.  In fact, horizontal fracking may make it so that there is never another boom.  Interestingly, the lack of skilled workers could bring about another boom, as companies need skilled workers to produce, and if there’s not enough skilled workers we could end up with a lack of product, which will result in a high price.

Forbes has an excellent article which points out that oil has been overpriced for most of this year.  I was constantly surprised, pleasantly surprised, but surprised nonetheless, as I watched oil prices rise like they did.  when they hit $50/bbl and stayed close to it for a while I figured a lot of people knew something I didn’t.  I knew that production numbers had dropped off, and figured that that must have been the reason prices were climbing.  Now that oil prices are dropping again I think maybe I was smarter than I realized.  That’s always a nice thought, even if it’s after the fact.  Now I am of the opinion that speculators drove the price up, and they’re driving it back down.  There was never a good fundamental reason for the price of oil to be or stay up.  We have a surplus of over 3 billion barrels (maybe quite a bit more unreported).  While production has dropped off, we would have to see ridiculous drops in production to really chew up a significant amount of that 3 billion barrels.

Here’s an interesting experimental technique for fracking rock that’s worth looking at.  Hard to say if it will be better than hydraulic fracturing, but it will be interesting to follow.

August 5, 2016: gas prices are still hovering around $2.70-$2.80/MCF.  This is in spite of a drawdown on natural gas reserves instead of an increase in storage reserves.  We took 6 billion cubic feet out of storage last week, and prices still aren’t going up much.  This article says it’s probably because we’re coming to the end of the summer, and speculators, er, investors are staring down the barrel at the end of September, all of October, and part of November when demand for natural gas will naturally be going down.  Can’t say as I can disagree with ’em.

An article over at kallanishenergy.com says that drilling is going to pick up again in early 2017.  The demand for the gas is there, as DUCs (drilled but uncompleted wells) are diminishing, down from 2600 in October 2015 to 1500 in May of 2016.  The only thing to do when DUCs run out is to drill new wells.  Makes sense.

Over the last few days people have been listening as OPEC talks about possibly cutting production.  Oil prices have gone up just a bit because of it.  People are just nuts.  It makes no sense for OPEC to cut production.  If they do, they will lose market share (clients, sales, long-term contracts) to American companies.  We can ramp up production very quickly and absorb small, short-term demand.  Large, long-term demand might be a little harder, but not much harder.  Saudi Arabia will not cut production because if they do they will lose customers.  Iran is still increasing production, Venezuela would love to sell oil for a higher price and will do so any chance it gets, if Libya gets its act together they could bring another million barrels per day online in a year or so, American producers can drill wells and have them online within a few months.  It’s rather like Whack-A-Mole.  One place stops producing, another will pop up with additional production.  Don’t forget about the 3 billion (yes, billion with a B) barrels of crude oil that are in storage around the globe.  Even if worldwide production stopped completely it would take us an entire month to use up all the crude that’s in storage.  It just doesn’t make sense for Saudi Arabia to cut production, so OPEC won’t be able to come to an agreement.  I suppose that a very short-term cut in production, something less than three months, might be beneficial as it would cut into the global storage numbers some.  Longer than that and American companies will be bringing new production online.  It doesn’t make sense for OPEC to cut production.

It’s August 15, 2016 and oil prices finally dropped again.  The recent increase in oil prices was ridiculous and founded in speculation that OPEC was going to freeze oil production.  Such speculation was completely driven by speculators, people who make money on rumors.  Since it was OPEC saying they might agree to a freeze, I wouldn’t be surprised if some people in charge at OPEC made a lot of money playing the futures market.

Atlantic Coast Pipeline: Schedule

A couple days ago the FERC issued a notice that the final Environmental Impact Statement for the Atlantic Coast Pipeline would be finished on June 30, 2017.  After the EIS is available, there is a 90 day decision deadline, basically an opportunity for other federal agencies to weigh in on the EIS.  So on September 28, 2017, the EIS is expected to be approved.

The ACP will not be able to begin construction before that date.  When, exactly, it will begin construction is unknown.  Dominion had previously hoped to begin construction in the summer of 2017, but unless you consider the end of September to be the summer that looks pretty unlikely.

Implied Right to Pool Called into Question

Professor Joshua Fershee who teaches at the West Virginia University College of Law has made a statement regarding the decision (.pdf) by Judge Hummel that all leases include the right to pool.

Professor Fershee didn’t go so far as to say the decision was wrong, but he did criticize some of the reasoning of the decision, including what he thought the decision left out.

Fershee believes that if the decision were reviewed by a higher court, it would probably be sent back to the lower court for some explanation.

I am of the opinion that older leases that were signed before pooling became a thing couldn’t possibly have included the right to pool.  It wasn’t in the contemplation of the parties.

It will be interesting to see how this one plays out in court.  No one appealed the decision, and the time for appeal has long since passed, so it won’t be appealed.  However, someone is going to have a fight over this issue in the future, and someone will appeal the issue to the Supreme Court.