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.

The Pennsylvania Cracker Plant is Official

Shell announced today that it has decided to build the cracker plant in Beaver County, PA.  It’s long been expected as there has been a lot of preparatory work and a lot of land purchasing and deal making going on in the area.  Shell has already spent millions of dollars on the project, making people (including yours truly) think that it was a sure thing.  As this article points out, however, it’s not unheard of for a large company like Shell to spend hundreds of millions of dollars on a project before determining that the project is not going to work.  Learn something new every day…

Now, let’s get one in West Virginia.

Understanding West Virginia Oil and Gas Law: Who Owns What?

huh_450One thing that people often don’t understand about mineral ownership is how the oil and gas company can sign a lease with one family member and not have to sign a lease with another.  Isn’t the oil and gas owned by both/all of you?  When my siblings sign, does that mean the oil and gas company doesn’t have to sign with me?  Can I still negotiate with the company if my siblings have signed?

It’s confusing to a lot of people.  It took me a while to wrap my head around it, too.  But I understand it now, and so can you.  Here’s how it works.

Usually you will inherit the oil and gas underneath one tract of land here in the great state of West Virginia.  (Sometimes there are more, but let’s keep it simple for now.)

Let’s set up a simple scenario to work with.  Mom owned a 30 acre tract of oil and gas rights.  She had three children.  When she passed away the 30 acre tract passed down to the children.

Most people think that since there are three children who own an interest in the tract, then you can divide the tract into three equal parts of 10 acres each and give one part to each child.  The 10 acres that are at the top of the hill go to the first child, the 10 acres that are in the “holler” (this is West Virginia after all, the valley is a holler) go to the second child, and the 10 acres that are in between go to the third child.

That’s not how it works, though.

The children own the oil and gas that’s below the 30 acre tract together.  Each child has an interest in each molecule of gas.  Each molecule of gas has three owners.

So you can’t draw lines on the map to make 10 acre tracts and give each child one.  (There is a way of doing this, called a partition suit, but it’s not necessary to get into right now.)

Since each molecule of gas has three owners, no molecule of gas can be removed from the property or sold without the permission of every person that has some ownership of that molecule of gas.

Since there are three separate owners, the oil and gas company has to deal with each owner.  The company has to get a separate contract with each owner.

The example that seems to help most people understand all of this the best is that of an old-fashioned encyclopedia.  You can buy and sell the books separately.  You can pay different prices for each book.  You can buy one this month, another next month, and a third the month after that.

But you don’t have the entire encyclopedia until you’ve bought them all.  This is important in West Virginia, because under West Virginia law the oil and gas company can’t do anything with the oil and gas until it owns all the “books”.  The company can’t drill, produce, and sell the oil and gas until all the owners have agreed to do so.

Knowing that, here are the answers to the questions above.

Yes, the oil and gas is owned by all of you.  However, none of you own or control in any way your siblings’ interests.

Yes, the oil and gas company has to sign a lease with you even when your siblings have already signed agreements.  West Virginia law requires this.

Yes, you can still negotiate with the oil and gas company even though all your siblings have agreed to something different.  We regularly get more money and better royalties for the siblings who decide to negotiate with the oil and gas company.

If you own oil and gas in West Virginia and need help understanding things, give the office a call at 304-473-1403.

Comment Time on the Atlantic Coast Pipeline

If anyone would like to comment to the FERC about the Atlantic Coast Pipeline, now is the time to do so.  My comments would focus on opposition to the use of eminent domain and on the safety concerns I have recently found.  Others are concerned about damage to the immediate environment around the pipeline and the trickle down effects on global warming.  Some few are concerned that we are overbuilding pipeline infrastructure.  Whatever your concern, now is the time to voice your opinion.

The link to use when filing your opinion is:

https://ferconline.ferc.gov/QuickComment.aspx

Good luck!  Regardless of the outcome lets be grateful we live in a place where we can at least voice an opinion.

Radioactive Fracking Waste

Radioactive Waste

The Kentucky Cabinet for Health and Family Services says that tests which it had done show levels of radioactivity in Marcellus shale waste which are too high for disposal in regular Kentucky landfills.  The tests were done at a West Virginia company which prepares waste from locations in West Virginia, Ohio, and Pennsylvania.  That makes pinpointing the source of the radiation difficult for the rest of us.

The investigation is ongoing, apparently, as a lawyer for the Cabinet stopped Curt Pendergrass, the supervisor of the Cabinet’s radioactive materials branch, from continuing to talk on the subject.

It will be interesting to follow the radioactivity discussion in the future.  Previously we were under the impression that the levels of radioactivity that came from the Marcellus shale were too low to affect anything.  There’s a little chunk of Marcellus shale on a shelf here in our office.

The State of Oil and Gas – May 2016

In the last month people have become more confident that gas prices are going to climb.  Gas production is dropping off and demand is increasing.  It shouldn’t be a whole lot longer before leasing activity picks up and royalty checks start getting bigger rather than smaller.  Following are the articles we’ve read in the last month that we think are interesting or important for West Virginia mineral and royalty owners.  Enjoy!

Natural gas-fired power generation is increasing.  This article gives some numbers.  Also, the majority of gas-fired power plants are in shale gas producing regions.  Big surprise, that……

It’s the day after OPEC met at DOHA, and oil prices haven’t dropped much.  Now that’s a surprise.  Why did it only dip a little?  Oil workers in Kuwait went on strike.  That’s really odd timing.  I’d like to think that it’s coincidental, and it may be as Kuwait really doesn’t want to cut back on production in spite of low oil prices.  It just seems like awfully good timing.  Prices stay up for a short period, then drop after the strike is resolved, and nobody blames the Saudis.  In the meantime, American producers still feel the pressure of low prices and control over those prices remains in the Middle East.

This Bloomberg articles points out the very interesting fact that sometime in the end of 2016, the amount of overproduction will drop from 1.5 million barrels per day to just 200,000 barrels per day.  It’s still overproduction, though.  Until there is underproduction we won’t see prices high enough to support American producers.  There is still a stockpile of about 3 billion barrels of oil out there, after all.

This article from the Telegraph in England has a good rundown of countries and influences on oil prices.  Of greater interest is the writer’s opinion that the last OPEC meeting was meaningless, regardless of the outcome; that the supply/demand balance is already pretty precarious, and the next shortage of oil is right around the corner; and that the Saudis have lost control of OPEC, or perhaps better said, OPEC no longer exists as an effective organization.  With those premises, it makes one wonder whether the strike in Kuwait wasn’t possibly engineered at some level to make it look like the last OPEC meeting was actually effective, but then the meeting fell apart and the strike continued anyways because the reasons for striking were all there.  It’s tin-foil-hat thinking, but who knows?  Where billions of dollars are on the line all kinds of things are possible.

Southwestern Energy, in spite of posting a 1.1 billion dollar loss last year (yes, billion with a “b”) is renewing leases here in West Virginia and appears to be here for the long-term.  The article focuses on the decreasing numbers of rigs, but it mentions lease renewal and it’s a lot of fun to try to read between the lines of the executive quotes and figure out what’s actually going on.

The strike in Kuwait is over, so they’ll be bringing their full production back online.

The Trans-Alaska pipeline is back online after a fire put it out of use for a few days.  That little incident propped up oil prices for a few days.

The international price for liquefied natural gas (LNG) is dropping.  It’s the usual story, too much supply and not enough demand (WSJ: Google the headline and click the link Google provides to avoid the paywall).  Feeding the supply side is American natural gas sourced from fracking companies and liquefied at brand new plants for shipment overseas.  Pushing the demand side is Japanese electrical generation which is switching over to solar and turning back on some nuclear plants that were closed after the Fukushima disaster.  Natural gas markets are not yet global, but they’re moving that way.  It won’t be long before we’re more worried about the international benchmark for natural gas than we are the national benchmark.  For now it’s not a huge factor for West Virginia, but it’s something to keep an eye on.

Iran has discovered a shale oil field.  It’s nothing that will affect prices or supply at this time.  Iran produces oil at about $10/bbl and shale oil costs somewhere north of $40/bbl to produce, so it doesn’t make sense to develop the shale until oil prices go up significantly.  It’s there, though, and will be another source of oil in the future.

Christine Buurma with The Washington Post engages in a little speculation regarding the price of natural gas.  She’s bearish, while admitting that prices are climbing a bit.  She points to the Marcellus being such an inexpensive place to produce, as well as DUCs in the Marcellus, as well as increased efficiency on the part of drillers, as reasons why she doesn’t see gas prices increasing much in the near future.  A hot summer would go a long way toward increasing demand, which would drive prices up.  She’s not convinced, though, arguing that natural gas prices rarely reach predicted highs, and quoting an equity analyst, Mark Hanson with Morningstar in Chicago, as saying you should never underestimate the Marcellus.  She’s probably right.  It’s going to be 2017 before we see significant recovery of natural gas prices to the point where oil and gas companies start taking leases and producing at prices that return much of a royalty to our customers.

CNN Money reports that Saudi Arabia thinks that oil prices will start to rise at the beginning of 2017.  Interestingly, oil prices have been on the rise since February of this year.  They must be expecting significant increases, or perhaps a decrease in price between now and then.  The same article says the IEA (Internation Energy Agency) thinks global demand will rise slightly above global supply in the second half of this year.  Saudi Arabia, of course, will produce as much oil as people will buy from it.  Since we’re in May of 2016, the second half of the year is less than a month off.  Interesting times in the energy sector.  Interesting times.

A Royal Dutch Shell off-shore oil rig spilled about 90,000 gallons (2000 barrels) of crude and shut down.  The shut down drove oil prices up significantly during the day, but when word came down that the rig would be back online later in the day prices settled back down to about where they had started.  Oil and gas prices are so fickle.  However, the prices have been around $45/bbl and just above $2/MCF for quite a while.  We may be seeing better royalty checks and more leasing in the near future.

The fires around Fort McMurray have been heavily reported.  We only link to this article to provide some information as to how it affected oil prices.

Pennsylvania Lessors Should Have Gotten Competent Counsel

DocumentA Pennsylvania judge ruled against a couple guys who signed a lease without getting competent counsel.  If they’d gotten competent counsel, they would have ended up in an entirely different position than they are in right now and probably wouldn’t have even had to go to court.

Competent counsel would have helped them either:

  1. understand that the lease they signed did not do what they wanted it to, and so managed their expectations so that when the company did what it did they would have known that was something the company could do, or
  2. (and even better) get changes made to the lease so that the company could not do what it did.

Either way would have been better than filing a lawsuit after the fact, spending tens of thousands of dollars for lawyers fees, and losing in court.

You can read the article for yourself, but the long and short of it is this.  Camp Ne’er Too Late signed a lease and two separate pipeline right of way agreements with East Resources which then sold it’s rights in the lease to SWEPI (the drilling arm of Shell).  SWEPI drilled one well, capped it, and then put a pipeline across the property.

Original plans called for up to 11 wells, and the owners of Camp Ne’er Too Late figured they would be rolling in the dough.  When they realized that the rest of the property wasn’t going to be developed, they sued.  Unfortunately, the plans and maps that they were shown during negotiations were not part of the final lease.

Also unfortunately, the final lease didn’t say anything about continued development.

In fact, without even seeing the lease we’re willing to bet that there was a clause in there that said the company could either develop or not at it’s own pleasure.  That’s extremely common in oil and gas leases.  It also looks like harmless legalese, so the owners of Camp Ne’er Too Late probably just breezed right over it.

We can’t really blame them.  They didn’t know any better.

You can learn from their expensive experience.  Don’t make the same mistake they did.  Don’t just breeze over your lease thinking you know what it says and does.  It can come back to bite you in the butt.

Now you are forewarned.  Get an experienced and knowledgeable attorney to review your lease before you sign it.  It can save you a lot of heartache, and net you a lot more money in the long run.  Call the office at 304-473-1403 to get help.