WVU Research Says Fracking Waste is Not Very Radioactive

WVU Test Wells

WVU Test Wells, Morgantown in the background

West Virginia University has been drilling and fracking two research wells.  They are using the same techniques that the industry uses and doing science on it all.

One conclusion they reached is that the cuttings (crushed rock brought to the surface) are not very radioactive at all.  They believe this was influenced at least in part by using a particular drilling mud.  The conclusion about radioactivity is interesting in light of the recent Kentucky investigation into the radioactivity levels of West Virginia fracking waste.

Another conclusion they reached was that produced water is not safe to drink or discharge into streams.  No surprise there.

The nice thing about this project is that it’s not funded by either the industry or environmentalists.  It’s paid for by the University.  That doesn’t mean that someone on the team isn’t biased, but hopefully the science will be done with a minimum of bias.  We’re looking forward to seeing more of their work reported in the future.

The State of Oil and Gas: July 2016

A study by Deloitte is saying that oil and gas companies have underspent over the last couple of years.  They haven’t put enough money into developing new resources.  That means that sometime in the next few years we’re going to see a shortage of new oil and gas reserves coming online, which will lead to a shortage of oil and gas on the market, which will lead to high prices for oil and gas.  When will the producers learn to manage themselves properly?

Natural gas prices are still near $2.75/MCF.  Injection into storage was a little higher than expected for last week, but below last year’s number for the week and below the five year average for the week.

$50/bbl oil seems to be the point where at least some producers want to start bringing on new drilling rigs.  Whether that’s going to last is up to the Saudis and Iran.  The Saudis can increase oil production by 1 million barrels per day practically overnight, and by another 1 million barrels per day in about six months.  That would drive prices down.  Iran is halfway to the 4 million barrel mark, which is the amount it was producing before sanctions and which is its goal for future production.  Between Saudi Arabia, Iran, and American companies, it’s unlikely that we’ll see prices much over $50/bbl for a little while.  Higher prices are coming, though.

Because of Brexit the dollar is up, the markets are in turmoil, and oil prices are dropping.  Natural gas prices, however, are still around $2.70/MCF.  Decreased production is the reason.  It’s all about the fundamental supply/demand balance.

David Einhorn sees gas prices going up, essentially because of a lack of supply.  This Seeking Alpha article sums up his five points, but “lack of supply” sums up the article.

Stone Energy has re-opened it’s Mary field here in West Virginia.  Gas prices have risen enough, and Stone obviously expects them to stay high.

Here in West Virginia we’re more interested in what happens with natural gas prices, and the market forces are different enough for natural gas from oil that what affects oil won’t directly affect natural gas.  However, when oil prices drop a lot natural gas prices often drop a lot too.  Consequently we keep tabs on oil.  Also, people in general want to know what’s going on with oil prices because that affects the price at the gas pump.  So, here’s a good summary of what’s affecting oil prices right now.  It’s short enough that it doesn’t warrant our own summary.  The last paragraph is the most interesting to me.

Oil prices have moved up, and the oil industry thinks things have stabilized.  If I were an oil driller, I’d be doing everything I could to keep the good people in my business on board.  Not that prices are going through the roof any time soon; they’ll probably stay below $60 until the second half of next year.  I’d be figuring out how to produce oil (same goes for natural gas) in the current market at a profit, and the only way to do that is with good people.

July 1, 2016, and gas prices hit $3.00/MCF.

Here we are on July 21, 2016, and gas has dropped to $2.69/MCF and has spent some time below that price.  I suppose that investors took a look at gas production, gas storage rates, and the amount of gas in storage, and realized that (spoiler!) we still have a ton of gas!  Paying $3.00/MCF just didn’t make sense.  Maybe we’ll hit that this winter when we start using more gas than we produce.  Of course, this weekend is supposed to be a scorcher across a good chunk of the country, so maybe prices will bump up when next week’s storage report comes in lower than expected.  Who knows?  It’s sure fun to speculate, isn’t it?

I can say one thing for sure, leasing seems to be picking up.  We picked up two new clients in the last week or so, and have a couple more who we expect to come on board in the next few days.  We have at least one call a day from someone who needs to know what an oil and gas lease is all about.  The drilling companies seem to think that higher gas prices are here to stay.

 

Stone Re-opens Mary Field

Last September Stone Energy shut-in their Mary field here in West Virginia, citing low gas prices.  Today we hear that Stone has cut a deal to begin flowing gas to Williams pipelines from the Mary field.

This is an indication of two things: prices have risen far enough that production in the Marcellus region in profitable, and at least one company thinks that gas prices are going to remain high for a while.

Production was never completely shut-in in the Mary filed.  They’re producing about 45MMcfe per day right now.  Production is expected to increase to somewhere over 60 MMcfe per day in July and to over 100 MMcfe per day in August, so more than double in the next 60 days.

Some of our clients are going to be very happy about this news.  Better royalty checks!  Look for them in a mailbox near you.

Pipeline Safety: Pipeline Coatings

Texas Eastern Pipeline Inspection Section

The pipeline that blew up in Westmoreland county, PA back at the end of April is going to be partially dug up and fully inspected along a 263 mile stretch, shown above.  Thanks to Great Southern Press for putting the map together.

The article by Anya Litvak over at PowerSource goes into some detail about pipeline coatings and what probably went wrong on the Westmoreland County, PA pipeline.  It’s an excellent article and well worth the read.

If you don’t have the five or ten minutes it will take to read it, just make sure that if you have a Texas Eastern pipeline across your property that was built in the 1970s or 1980s that you have Spectra Energy come out and inspect you section of the pipeline.

 

Consol Energy’s Plans

A lot of our clients were working on deals with Consol Energy when they stopped operations here in West Virginia.  Now there are rumblings that Consol will start operations back up in the next six months.  The only caveat is that those operations are likely to be focused on the Utica, which is in the northern part of the state, and most of our clients who lost out on deals with Consol had property in the Lewis, Upshur, and Barbour county area.  So, it’s good news and bad news.

We’re keeping an eye out for everyone that was negatively affected when prices took a downturn in 2014 and 2015.  Things are looking up, but they haven’t improved immensely yet.

Really Old Wells and Horizontal Fracking

Bloomberg has an interesting article about old wells in Pennsylvania and how they can affect or be affected by a horizontally fracked well.

West Virginia has the same problem.

The first thing to know about old wells in West Virginia is that we don’t know where they all are.  West Virginia didn’t start assigning API numbers to wells until 1929, at least forty years after oil and gas development really boomed in West Virginia, and at least seventy years after the first oil wells were drilled.  That means there are a lot of well locations out there that are unknown.  How many?

A quick Google search turned up some great photos that can help us get an idea.  The following were taken from a web site about the Kanawha and West Virginia Railroad.  There are many more on other sites.

The photo below was taken in 1913 on Blue Creek in West Virginia.  You can plainly see at least six wells, and possibly another six or seven.  When you look at the larger photo it’s possible that some of what looks like oil derricks are actually just ageing or smudges on the photo.Blue Creek, WV Oil Wells

 

 

This photo of oil wells in West Virginia was taken at another location on Blue Creek, possibly about the same time as the one above.  There are clearly ten oil wells.Oil Derricks on Blue Creek near One Mile Fork

 

 

 

 

 

None of those wells would have had API numbers, and their locations were never recorded by anybody.  Nobody thought they would be important.  They are the kinds of wells that we are concerned with, and they exist all over West Virginia.

Many of these old wells were not properly plugged when they were abandoned.  Someone might have thrown old lumber or trees down the hole, filled it with dirt, and called it a day.  Others might have gotten a little better treatment with some cannon balls or scrap metal thrown in for good measure.  Very few were plugged with cement, and many were just left open.

This can be a real problem when a horizontal well is drilled nearby.  Some of the old wells were drilled down thousands of feet, a few even into the formations that we are fracking today.  When we frack, the pressure can push fluids into the old wells, either directly by way of the induced fractures or through existing faults in the rock.  It’s called well communication in the industry.

It could lead to contamination of a water well, or fracking fluids on the surface, or natural gas spewing into the air.  Nobody wants that.  Even the companies doing the fracking don’t want that as it lowers the amount of pressure in their well, leading to fewer, shorter, and smaller fractures and lower production.

So what can be done about it?  It’s hard to do much about it.  Many of these old wells don’t show above the surface, so getting eyes in the field isn’t going to help.  A metal detector will find a lot of them, but some of these old wells were lined with wood.  Even the wells the were lined with metal often had the casing pulled out for use on another well.  It’s a real problem, and there isn’t an obvious and good solution.

The reason we’re writing about it is to point out to people one way that their water wells can be contaminated with fracking fluid.  If you think you have a water well that’s been ruined by fracking you can get help.  It’s going to be an uphill battle proving that fracking did it, but it can be done.

Call the office at 304-473-1403 and find out what you can do.

 

The State of Oil and Gas: June 2016

The DUCs are back in the news.  Not that they ever left.  Oil companies are starting to bring their Drilled but UnCompleted wells online.  The reason they are bringing them online is that oil prices have stayed above $40/bbl for about a month.  The money invested in those wells is sunk cost at this point, and it won’t take as much to complete them as it will to drill new wells, so it’s cheap product for the companies that own them.  Wood Mackenzie’s Alex Beeker thinks that the number of DUCs will drop by 400 next month.  Considering that there were about 1700 in March, that’s a big drop.

Two more natural gas fired power plants are being planned in Pennsylvania.  Link is to Marcellus Drilling News, where we get a lot of our oil and gas news.

Eclipse Resources drilled a well with a lateral of 18,500 feet.  That’s 3.5 miles!  That’s a long well.  They drilled it in 18 days!  That’s fast.

Tim Maverick with Seeking Alpha thinks that Mexico’s demand for natural gas is what’s going to keep the U.S. natural gas industry alive.

A study has shown what natural gas has done for the manufacturing industry in the United States.  We always knew that itw as a good thing, but now we have actual numbers.

The United States is still the worlds largest producer of petroleum and natural gas hydrocarbons according to the US EIA.  Anyone wondering why we have an oversupply of either only needs to take a quick look at the first chart in the article.  Go USA!  OK, so we actually kind of shot ourselves in the foot.  Not just kind of, but dead on from point blank range.  But if you’re one for tradition it should make you feel good to know that the oil and gas industry has been doing exactly this since its inception.  Produce as much as you can while the demand and price are high.  Overproduce while the price drops.  Get out of the market or go bankrupt when the price drops so low you can’t make money.  Everybody left continue to produce until the market stabilizes.  When prices start to climb get back in the game and start producing again.  Lather, rinse, repeat.

In the same vein of thought, gas storage numbers were greater last week than they were last year for the same week.  However, they were below the five year average.  The article suggests that the slightly lower numbers are because of restrictions on production more than anything.  That makes sense.  We have fewer rigs running than at any time since we started keeping track of that, and production is actually starting to drop off across the US.  I expect production to continue to drop off for the rest of the summer and fall.  If prices rise above $2.50/MCF we might see more rigs fired up, but we might not.  It’s possible we could hit storage limits this fall and if we do producers won’t have much incentive to drill new wells.

This article at The Week, a British site, suggests that breaking through the $50/bbl price will be a boost psychologically to the price of oil.  Now that it has done that, people actually think that it will stay up there for a while.  The article includes a pretty good overview discussion of the price of oil and the economy, and is worth a few minutes to read.

OPEC met again, and didn’t accomplish much.  What they did accomplish was to agree to a new secretary general, Sanusi Barkindo of Nigeria.  Previously, the secretary general was Abdulla al-Badri.  Saudi Arabia and Iran had pushed hard for their own replacement candidates over the last few years, resulting in al-Badri being automatically extended.  It’s interesting that the new secretary general is from Nigeria, a country that is having serious troubles with civil war and rebels blowing up the country’s pipelines.  OPEC also was able to agree to admit a new member, the country of Gabon.

Now that prices are at $50/bbl and kind of seem to be stable around that number, everyone is wondering whether shale drilling is going to pick back up.  This article over at oilprice.com doesn’t have answers, but analyzes the current situation well.

Natural gas prices have hit and exceeded, but not stayed consistently above, $2.50/MCF.

Here’s someone who thinks that $50/bbl oil isn’t going to last.  He starts out talking about stock market factors which, to my mind, aren’t as important as production/demand.  But then he gets into the oversupply, pointing out that there are a whole bunch of tankers sitting offshore full of oil just waiting for the price of oil to go a little higher.  Seems like a bad move to me, but that’s not my line of business.  Regardless, those tankers are going to have to unload at some point, and they hold a good chunk of the 1 billion to 3 billion extra barrels of oil that have been floating around for a while (no pun intended).  I’ve personally been mystified by the increase in oil prices.  I haven’t seen what I thought was enough of a cut in production to warrant the significant increase in price.  I wouldn’t be surprised if the price of oil did take a dive for a while.  I’ll be more confident that oil prices are going to stay up when American frackers start setting idled rigs back up.

RBN Energy is doing a two-part series about LNG and its effect on the natural gas market.  Since most of what we produce here in West Virginia is natural gas and RBN Energy does very well-researched work, this is highly recommended reading.

A Tennessee man, Pat Riley, has coordinated a coast-to-coast road rally to show off the possibility of CNG.  Apparently you can travel coast-to-coast on CNG because there are enough fueling stations to do so.

OilPrice.com points out that when oil and gas prices start to rise (which they have been recently) it might be hard for oil and gas companies to find the skilled workers they need to start production back up in a timely manner.  We’ve mentioned this possible problem in previous State of Oil and Gas posts.  If that’s the case, we may be in for a roller coaster ride of oil and gas prices in coming years.

This article at oilpro.com says that DUCs won’t get completed in large numbers until oil hits $100/bbl because the companies won’t be able to finance the fracking of the DUCs.  We might be staring down the beginning of really high oil prices.  In oil and gas, worldwide supply and demand are the main factors, but financing and money drives everything else.

The Saudi strategy of producing enough oil for anyone that wants to buy from them makes it harder for alternative energy sources to get funding.

How Big is an Oil Tanker?

This isn’t quite on on point for this web site, but it’s pretty interesting anyways.  I am a bit of an oil and gas geek.  The technology and the industry are fascinating.  It’s one of the reasons I choose to do oil and gas law.  I don’t work for the industry.  I work exclusively for mineral and surface owners.  But I still find the industry as a whole to be awesome in the real sense of the word.

This is an older video, produced in 2013, but the dimensions of a VLCC (Very Large Crude Carrier) haven’t changed.  Watching it will give you an idea of the scale of the industry.

Then this very short video shows the VLCC activity for August 2011.  It demonstrates that we use a lot of oil.  The amount is mind boggling.

Get Everything in Writing!

DocumentOne thing we hear all the time is that the company promised X but never did it.  Now the mineral owner wants the company to do X, but the company is refusing.

It’s a really unfortunate situation.  In general we all want to be able to trust people.  Were supposed to be able to trust people.  Everything works better when you can trust people.  Society and civilization work best when you can trust people.  But you can’t trust a company.

It’s not that the people running the company are bad or good or indifferent.  A company is made up of people who also want, are supposed to, and work better when trust can be given and received.

It’s that a company functions based off policies and procedures, not people.  The people come and go.  The policies and procedures stay.  The only way a company works over the long term is because of what is written down.

So a company can only go by what was written because that’s the nature of a company.

Even if that weren’t the case, the written paperwork is going to be the best evidence of what happened.  Some of the paperwork we’re working on today is going to be in existence long after we’re all dead.  We’ve seen a lease that was signed in 1892 that is still in effect today.  You can’t rely on people when the people aren’t there any more.  You won’t be able to show up in court and have your say 120 years from now.

You have to get it in writing.

Courts have recognized that this is the case and have said that if it isn’t written down it didn’t happen.  The following quote from a West Virginia Supreme Court case says exactly that.

In Iafolla v. Douglas Pocahontas Coal Corporation, the Court restated the well established rule that, “A written contract merges all negotiations and representations which occurred before its execution, and in the absence of fraud, mistake, or material misrepresentations extrinsic evidence cannot be used to alter or interpret language in a written contract which is otherwise plain and unambiguous on its face.”

Notice that the Court said it was a “well established” rule.  This case was from the 1970s.  The line of cases it quotes will go back to English common law, probably the 1600s or 1700s.  It doesn’t get much better “well established” than this.

So, the Court says that a “written contract merges all negotiations and representation”.  In other words, the Court assumes that what you talked about is what you wrote down.

However, you’ll notice that the sentence didn’t end there.  The Court continued on and gave some exceptions to the rule.  It did it in a roundabout kind of way, but it did it.  It said, “. . . in the absence of fraud, mistake, or material misrepresentation extrinsic evidence cannot be used to alter . . . a written contract . . . “.

With that language, the Court said that fraud, mistake, and material misrepresentations can throw into doubt whether the written paperwork is valid.

The trouble is, it’s hard to prove any of those things.  You need good witnesses or … wait for it … written documents.  In the modern world you could even use recordings of conversations (assuming that the other party knows they’re being recorded to follow the most strict rule we know of).  Emails would work, of course.

In a he-said-she-said situation it’s going to be awfully hard to convince a court that the paperwork with your signature on it is something other than what you intended to sign.

That’s why we recommend that you communicate with the landman or other company representatives by email as much as possible.  Even when you talk with them on the phone, send them an email summarizing the conversation.

Get it in writing!  If it’s not written down it didn’t happen.

How They Decide Pipeline Size

RBN Energy wrote a nice little article about how the companies determine the size of the pipe they are going to need to put in your ground.  You might not think you care anything about the thought process of the company, but in reality the more you know the more likely you are to make good decisions when negotiating with them.  Knowledge is power.  Don’t let them have all the power.

Here’s the article.