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.

Westmoreland Pipeline Recently Upgraded for Faster Flow

Westmoreland Pipeline Explosion Spectra-blaze

The pipeline that blew up in Westmoreland County about two weeks ago had been upgraded in November of 2014, adding compression that made the gas flow faster.  It had previously been operating at 700,000 MCF per day, and bumped up to 1.3 million MCF per day.  It’s possible (though not yet proven) that the higher flow rate could have contributed to the corrosion that appears to have caused the failure of the pipe.

We’re fans of adding pipelines in West Virginia, as our clients (mineral and royalty owners) will benefit from the better gas prices that will result.  However, it’s important to point out that there are dangers and risks that come with these pipelines.  You have to go into this kind of thing with both eyes open, doing research and getting advice from competent professionals.

If you have a company approach you about a pipeline easement, take the time to read the agreement carefully, ask questions, and make absolutely sure to get some advice from people who know what they’re doing.  We have the education and experience to help you out.  Give us a call at 304-473-1403.

Pipeline that Exploded Last Friday had Corrosion on some Welds

Westmoreland Pipeline Explosion Spectra-blaze

Photo from Marcellus Drilling News.

A burned out house is surrounded by charred ground and trees following a natural gas explosion at a pipeline complex on Friday, April 29, 2016, in Salem Township, Pa. The explosion caused flames to shoot above nearby treetops in the largely rural area, about 30 miles east of Pittsburgh, and prompted authorities to evacuate businesses nearby. (AP Photo/Keith Srakocic)

A burned out house is surrounded by charred ground and trees following a natural gas explosion at a pipeline complex on Friday, April 29, 2016, in Salem Township, Pa. The explosion caused flames to shoot above nearby treetops in the largely rural area, about 30 miles east of Pittsburgh, and prompted authorities to evacuate businesses nearby. (AP Photo/Keith Srakocic)

The Pittsburgh Post-Gazette ran an excellent article about the Texas Eastern pipeline that blew up one week ago today.  It says that corrosion has been found on two welds near the explosion.  It also says that while corrosion has been found, that isn’t necessarily the reason for the explosion, and that the investigation (which could take years) could determine that there was some other cause for the explosion.

It also goes into some detail about “incidents” on the Texas Eastern pipeline.  Over the 30 year life of the pipeline there have been 62 incidents, ranging from the discovery of leaks to barges and airplanes hitting the pipeline.  Accidents happen, eh?

It’s very interesting that there are two “incidents” per year on the pipeline.  That just underlines the importance of going into a pipeline negotiation with your eyes wide open.  Understand that while the money can be good, there is some risk involved.  The likelihood of an “incident” that will affect you, your loved ones, or your property is low, but if an “incident” happens it’s likely to be life altering.