Author Archive

Law will restrict gas wells to specific areas

By Rory Sweeney[email protected]
Staff Writer

There’s no natural-gas drilling in Dallas, but that’s not stopping the borough from deciding where it will allow drilling.

As part of the revision of its zoning ordinance, Dallas is adding provisions that would restrict sitting gas wells to areas zoned industrial, highway or business. It would also designate distance setbacks from residences, waterways, streets and wetlands.

The proactive stance is putting Dallas at the forefront of what could become a major issue as drilling in the Marcellus Shale increases.

“You’re talking about a very fundamental conflict between the municipal regulation of land use and the ability of landowner to access land rights,” said Stephen Rhoads, the president of the Pennsylvania Oil & Gas Association. “You could think of this in terms of taking.”

“Taking” is illegally blocking someone’s access to the point of essentially denying their rights. Eventually, it will find its way to court, Rhoads said, though he wouldn’t speculate on who would win.

At its meeting on Thursday, the borough’s planning commission recommended the borough council vote on the revisions.

“The main point is that we were already going through a revision … so we thought it would be proactive to include something that reflects what’s going on in the Back Mountain these days,” Borough Manager Tracey Carr said.

The ordinance would also require drillers to identify roads they plan to use, pay for an engineer to document the roads’ conditions and be responsible for maintenance and repair.

With a flurry of lease signings lately, gas drilling has become a hot topic in the county. Drillers are flocking to the area to tap the Marcellus Shale, a layer of gas-laden rock about a mile underground that stretches from New York to Virginia. Its huge size – and economic potential – has been known for years, but technology only recently caught up to access it.

Despite industry innovations such as horizontal drilling that allow wells to access gas pockets up to a mile away, Rhoads said having versatility in well sites makes “a difference because it depends how much surface area is put off limits. You can’t just put a well site on the edge of town and drill from one well site and get every possible molecule of gas.”

Carr said the provisions aren’t meant to keep drilling out of any areas, “just where would be most appropriate if it was to take place.”

Rhoads said such actions can harm landowners. “The geology will dictate where the well (should be) located – not zoning – and if there’s a conflict between zoning and geology, the geology loses,” he said. “You’re effectively telling me that my oil and gas property is worthless if you zone my surface property in such a way that I can’t gain access to it.”

On the scale of issues facing the industry – including access to water for gas extraction, disposal options for waste and a proposed state severance tax – Rhoads called zoning “a major issue.”

But for Carr and the borough she manages, it’s just being efficient and responsible. “This is actually a very small part of what we’re doing,” she said, noting that the borough’s consultant on the revision suggested adding the drilling provisions.

The proposed ordinance must go through a public hearing and likely won’t be addressed by the council until November or December, she said. There have been no complaints so far, she said, “but we haven’t had the public hearing yet, either.”

Rory Sweeney, a Times Leader staff writer, may be reached at 970-7418.

Copyright: Times Leader

Luzerne County property owners hope to have their own deal by year’s end.

By Rory Sweeney[email protected]
Staff Writer

Lease signing begins today for members of the Wyoming County Landowners group who have accepted a gas-drilling offer from Chesapeake Energy.

The signings could foreshadow what other local landowners are hoping comes to them soon. The South West Ross Township Property Group and Columbia County Land Owners Coalition confirmed on Friday that they, too, are in talks with Chesapeake.

The Columbia group, which represents roughly 80,000 acres in Columbia, Luzerne, Sullivan and Lycoming counties, hopes to complete a deal before the end of the year, according to an e-mail sent out to its membership.

The Ross Township group, which includes roughly 10,000 acres around Ross Township, is affiliated with the Columbia group, but also making its own discussions with Chesapeake, said Ken Long, a member of the group’s executive committee.

Group leaders expect monetary terms to be similar to the one Chesapeake offered to the Wyoming group: a five-year lease at 20-percent royalties, plus a $5,750-per-acre sign-up bonus. It includes a five-year option Chesapeake could exercise for another $5,750 per acre.

But other recent events with drillers locally could foreshadow what landowner hope to never see. The state Department of Environmental Protection issued a notice of violation to Cabot Oil and Gas Corp. for a gas spill earlier this week and ordered the company to cease hydraulic fracturing in Susquehanna County until it had completed a comprehensive engineering assessment and updated its pollution-prevention plans.

The company is currently drilling seven new wells in the county that will require fracking, which forces water, sand and chemicals into the gas-laden Marcellus Shale to fracture the rock and release the gas.

The company has 21 days to complete the assessment and 14 days to update the plan. Once it’s approved, the company will have 21 days to implement the plan.

The situation is one that landowners like the Wyoming group hope to avert with their in-depth leases. The group has been split alphabetically for this weekend’s signing. Those with surnames beginning with “A” through “L” should show up between 9 a.m. and 7 p.m. on Saturday at the American Legion Post 510 in the village of Black Walnut on U.S. Route 6 between Laceyville and Meshoppen. Everyone else is assigned to between 10 a.m. and 4 p.m. on Sunday. Those who can’t make their assigned day may show up on the other one.

Landowners who can’t make either day should be receiving an e-mail with documents that need to be signed and mailed to Chesapeake. The $1,000-per-acre initial payment will be sent by mail.

On the Web

To sign up property for a gas lease: http://forms.askchesapeake.com/landowner

Rory Sweeney, a Times Leader staff writer, may be reached at 970-7418.

Copyright: Times Leader

MARC LEVY Associated Press Writer

HARRISBURG— Citing three recent chemical spills at one well site, Pennsylvania regulators said Friday they had ordered Cabot Oil and Gas Corp. to halt its use of a drilling technique that uses liquids to fracture rock and release natural gas.

The state Department of Environmental Protection’s order applies to eight of Cabot’s drilling sites, all in Susquehanna County in northeastern Pennsylvania.

The company, which received the order Thursday, voluntarily shut down its use of the drilling technique — called hydraulic fracturing, or “fracking” — at the spill-plagued site there earlier this week. It has seven other drilling sites that eventually will require fracking to complete.

“The department took this action because of our concern about Cabot’s current fracking process and to ensure that the environment in Susquehanna County is properly protected,” the DEP’s northcentral regional director, Robert Yowell, said in a statement.

Under the state’s order, Cabot must complete a number of engineering and safety tasks before it can resume its fracking process as it drills into the potentially lucrative Marcellus Shale formation.

Cabot spokesman Ken Komoroski said Friday that the company disagrees with some of the agency’s allegations in the order, but it is committed to completing the tasks required by the order.

Copyright: Times Leader

Landowners in Wyoming County get some good protections, attorney says.

By Rory Sweeney[email protected]
Staff Writer

The lease that Chesapeake Energy is offering to Wyoming County Landowners group members is clearly a compromise between landowners and the company, according to an experienced gas-law attorney, but includes “many of the protections that we like to see for landowners are built into this lease.”

Dale Tice, an attorney with Williamsport-based Greevy and Associates who has clients in the Wyoming group, characterized the wording in the lease offer as “very competitive with the leases we’ve seen.”

Tice, whose office has gained somewhat of an expertise in gas law since companies began descending on Lycoming County a few years ago, said he usually disapproves of a five-year re-leasing option being available to companies, but noted that it’s “understandable” why Chesapeake would want that because it’s leasing so much land that it will take years to explore the whole area.

He also said that the $20-per-year fee paid if a well is shut off to eliminate production during a bad market “is as good as they’re going to do.”

While Tice declined to identify negatives in the lease and cautioned that his comments shouldn’t be construed as legal advice, he noted several positives: including in-depth wording to limit production-unit sizes, termination of the lease on land that isn’t part of a production unit, the company’s responsibility to pay property-tax rollbacks on Clean and Green properties and mutual written agreement on placement for wells, pipelines and other infrastructure. Additionally, he said, the lease requires that all infrastructure sited on a property must be tied into gas production at the property.

“There’s always somewhat of a question there because, although the gas company and the landowner must mutually agree in writing as to the location, the gas companies always add some language that says lessors can’t be unreasonable” about siting infrastructure, he said.

Though there is no specific reference to siting waste-deposit wells on the properties, “sometimes,” he said, “if they (landowners) don’t give them (drilling companies) the right, they don’t need to take it out, so to speak.”

The lease is “clearly the product of extensive dialogue between the parties,” Tice said. “I think this does a good job of striking a compromise where the landowner has a lot of good protections worked into it.”

Rory Sweeney, a Times Leader staff writer, may be reached at 970-7418.

Copyright: Times Leader

The initial events polluted a wetland and caused a fish kill in Susquehanna County.

By Rory Sweeney[email protected]
Staff Writer

Cabot Oil and Gas has been issued a letter of violation for two liquid-gel spills last week at the company’s Heitsman natural-gas well pad in Susquehanna County, the state Department of Environmental Protection announced on Tuesday.

The spills of about 8,400 gallons, which polluted a wetland and caused a fish kill in Stevens Creek, were followed up by a third spill at the site on Tuesday morning, according to DEP spokesman Dan Spadoni.

A hose burst, according to DEP, and released about 420 gallons of the same lubricant. A catch basin retained most of it, Cabot spokesman Ken Komoroski said, but it’s unknown what happened to 10 gallons.

He said he was unaware of the spills causing any environmental damage, but acknowledged that a dam created to block the contaminant caused flow problems and that DEP noticed “the minnows downstream were distressed and/or swimming erratically.”

“We think that it’s important to residents that no contaminants from the spill have compromised Stevens Creek,” he said.

The spilled material, known as LGC-35, suspends sand in water to fracture rock in the gas-drilling process used in the Marcellus Shale region.

LGC-35 is a “potential carcinogen,” according to its Material Safety Data Sheet, and can cause eye, skin and respiratory irritation, along with “central nervous system effects,” such as dizziness and headaches.

Komoroski said the drilling contractor, Halliburton, has since revised the safety sheet to exclude the carcinogenic reference because the potential cancer-causing agent is a “potential contaminant” to the gel, not part of its formula. Halliburton told Cabot the contaminant wasn’t present in the spilled batches, but Cabot is performing its own testing to confirm that, Komoroski said.

He added that Cabot feels Halliburton should have been cited for the spill. Halliburton had flushed the wetlands with clean water and collected the effluent before the third spill, Spadoni said, and it won’t be known whether the land needs to be excavated until results from soil samples are announced. “I would anticipate that would be done fairly soon,” Spadoni said.

Cabot has 10 days to respond to the violation notice with how it plans to further clean the affected area and prevent future spills. DEP may assess a civil penalty in the case, for which Komoroski said Cabot would seek compensation from Halliburton.

Copyright: Times Leader

Growing number of landowners hope to gain income by allowing gas drilling on their property.

By Rory Sweeney[email protected]
Staff Writer

FAIRMOUNT TWP. – Scarring Michael Giamber’s 74-acre forested spread with gas wells and pipelines might seem like a nightmare to some, but that’s the fairytale ending for which he’s hoping.

Giamber is part of a growing number of landowners in Northeastern Pennsylvania who have leased their land for drilling in the Marcellus Shale, a gas-laden layer of rock about a mile underground that runs through the northern part of the state. They hope to collect not only lucrative bonuses paid upfront for signing a lease – one offered locally last week was $5,750 per acre – but long-term income from royalties on the gas pumped from their property and rent from hosting needed infrastructure.

Early estimates for some properties put earnings well into the millions of dollars over the life of their gas deposits.

Giamber isn’t necessarily expecting that, but he wants to give his property every chance to succeed. He signed a lease with Denver-based WhitMar Exploration Co., which has locked up more than 22,000 acres in, among other places, Fairmount, Ross, Lake, Lehman, Union, Hunlock, Huntington and Dallas townships. The company offers a relatively negligible sign-up bonus – $12.50 per acre – in exchange for 19.5-percent royalties, a short lease period and stipulations that require expedited permitting and drilling.

“As we all know, the real money is in the gas royalties, not the bonus money,” Giamber noted. “Getting a well with a 20-percent royalty is better than a high bonus and no well.”

Opponents of drilling, however, cite a slew of potential environmental indignities from overt destruction of bucolic rural lands to more insidious but less-proven threats, such as groundwater contamination, overuse of regional water supplies and geologic shifting that might cause earthquakes.

Giamber sees much of that as hypocritical moralizing, and he has but to look down his road for an example of it. Every time he drives from his yard to state Route 118, he passes what he calls a homemade scrap heap on a neighbor’s property that’s filled with abandoned cars, rusted appliances and other items long beyond their usefulness. “It blows my mind how they just abuse the land, and now we’re going to bring in some money, and they get all up in arms,” he said.

If people truly cared about the earth, he reasons, they’d be outraged by such overgrown trash piles. But it’s been there for years, and no one’s complained about it. There are no doubt more just like it, too, he says.

In fact, in that context, Giamber sees his use of the land as beneficial. At least it has a positive purpose – providing a cleaner alternative to oil and coal, creating jobs and providing wealth – instead of just being a place to throw trash.

That said, Giamber has reservations. A few months ago, he visited a well site in Susquehanna County, where he found natural gas bubbling from the watery area at the base of a wellhead. He was told by a WhitMar representative that another company had made a mistake that wouldn’t happen in their work. “We’re all trying to rationalize it right now, and not get upset about it.”

While not necessarily an issue, recent lease agreements as close as Wyoming County make his deal look “anemic,” Giamber acknowledges. Chesapeake Energy, one of the largest companies in the industry, announced last week an agreement with the Wyoming County Landowners group for a 5-year, 20-percent royalty lease with a $5,750 sign-on bonus.

A landowners’ group near Giamber, the South West Ross Township Property Group, says it’s in talks with an undisclosed company whose offer is in the same “ballpark,” according to Ken Long, a member of the group’s executive committee. Long would neither confirm nor deny that it’s Chesapeake.

Still, Giamber believes the math of his deal could work better. “The fat lady hasn’t sung yet,” he said in an e-mail. “Let’s say I get a well three years before my neighbor that signed with Chesapeake at $5,500 (per-acre bonus). I’m still ahead. The variables are many and the future too hard to predict. I am just happy that WhitMar is moving forward by drilling the first wells in Luzerne County.”

Copyright: Times Leader

Firm with substantial holdings in Luzerne County taking next step toward exploration.

By Rory Sweeney[email protected]
Staff Writer

WhitMar Exploration Co., the only gas-drilling company so far to have leased substantially in Luzerne County, plans to begin drilling by the middle or latter part of next year, according to the company’s president.

“Right now, we’re just filing for some permits for two, possibly three wells we want to drill,” said Whit Marvin, who heads the Denver-based company. “We do plan on drilling it and testing it for the Marcellus Shale.”

Throughout 2009, WhitMar has leased more than 22,000 acres in, among other places, Fairmount, Ross, Lake, Lehman, Union, Hunlock, Huntington and Dallas townships with little money upfront by offering landowners a contractual guarantee to begin drilling within two years.

The contract also guaranteed permitting within the first year, and Marvin said that process is on track. The company is filing for drilling and water-consumption permits from the state Department of Environmental Protection and the Susquehanna River Basin Commission, and is looking into any other permits it might need, he said.

From there, the company will negotiate with the individual landowners about siting for the well pads and gaining access to them, he said.

Much of that will be based seismic testing that’s being done, the results of which Marvin expects before the end of the year. “In essence, you’re using ultrasound. You’re looking for anomalies under the surface … that would be attractive to drill into,” he said. “We can make some geologic interpretation, (but) it’s definitely not an exact science.”

A drilling contractor hasn’t been hired yet, he said, but the company has begun work elsewhere in the shale. It has leased “large blocks” in Lycoming, Wayne and Susquehanna counties, as well as in some counties in New York’s southern tier, he said. Of that, wells are being drilled in Chemung County, N.Y., and preparations for drilling are being made in Susquehanna and Lycoming counties, he said.

In Lycoming County, the industry is moving so fast that companies needing and offering services aren’t able to connect, according to Jeffrey Lorson, an industrial technology specialist at the Pennsylvania College of Technology.

For that reason, the college and a group of organizations interested in the industry are sponsoring a business-networking expo today. Lorson, who heads the college’s Marcellus Shale Education & Training Center, said about 130 vendors are scheduled to be at the free-admission event at the Hughesville Fairgrounds.

If you go

What: Business-networking expo for the gas-drilling industry

Where: Hughesville Fairgrounds, Lycoming County

When: Today, 10 a.m. to 3 p.m.

Description: About 130 vendors are meeting to display their goods and services, and to see the goods and services other companies are offering.

Rory Sweeney, a Times Leader staff writer, may be reached at 970-7418.

Copyright: Times Leader

By Rory Sweeney[email protected]
Staff Writer

About 8,400 gallons of a gel used in drilling natural-gas wells was spilled on Wednesday at a well being drilled in Dimock Township for Cabot Oil & Gas, the state Department of Environmental Protection announced Thursday.

Spilled at the Heitsman well site, the substance affected an unknown amount of “shallow wetland,” said company spokesman Ken Komoroski.

DEP and state Fish and Boat Commission officials were on hand Wednesday and Thursday as a crew cleaned up and contained the material, said DEP spokesman Mark Carmon. It may have gotten into Stevens Creek, he said.

“What was done was the spilled material was immediately contained” using an eight-man crew, Komoroski said. “The gel was able to be removed by vacuum trucks.”

The spill occurred as Halliburton was using a fluid to fracture the Marcellus Shale and release the natural gas within it, he said. Baker Tank, the contractor responsible for tanking and piping for the “frack” job, allowed a pipe to come loose and release the gel, he said.

“This is certainly disappointing to Cabot that this occurred,” Komoroski said. “On the other hand, these are the types of things that are typically unforeseeable and it’s important to react to it when it occurs.”

The slippery substance is “relatively innocuous,” he said, but “does have the potential for eye, skin and respiratory irritation.” Used to help suspend sand particles evenly throughout the so-called fracking fluid, it’s made of “paraffinic material” and polysaccharides, or something like fluid wax and starch.

Copyright: Times Leader

After ’08 deal dies, Wyoming County Landowners expect Chesapeake Energy deal.

By Rory Sweeney[email protected]
Staff Writer

A year after the financial meltdown sank a lucrative gas-lease offer, the Wyoming County Landowners group has come to terms with another company, Chesapeake Energy, for what is expected to be a record deal.

Neither side has released details yet, but Chip Lines-Burgess, secretary of the landowners’ group, expected an announcement late Tuesday evening.

“No one in the region has seen this amount of money,” she said. “We’re excited about the offer we have received, and it’s going to be a huge impact for our entire region financially. … Hopefully, it comes to fruition. … This is what we’ve been striving for the last year and a half.”

She added that lease signings could come as soon as a facility is secured that is large enough to hold the expected 600 to 800 landowners involved.

The group is composed of roughly 37,000 acres in Wyoming, Bradford, Susquehanna, Sullivan and Lackawanna counties. A minimal amount of Luzerne County acreage is also involved, Lines-Burgess said.

Only those who have recently re-signed are currently members, she said, though other members can re-join by filling out paperwork on the group’s Web site. New members also might be considered, though Lines-Burgess was unsure what the demarcations will be. She also noted that while current Lackawanna County members will remain in, it’s unclear if new landowners from that county will be accepted.

In August 2008, the group made headlines by signing a lease with Colorado-based Citrus Energy, but the worldwide financial crisis caused the deal to fall through quickly. Ironically, Citrus was chosen after it beat an original offer from Chesapeake.

The landowners regrouped quickly and began aggressively courting companies, creating a solicitous Web site and attending two industry expos. Most members chipped in $30 to cover various expenses, including creating their own roughly 40-page lease with items worked in that are usually left for individual landowners to add or subtract as addendums.

“We knew that we wanted a company that could afford to buy 37,000 acres … that could not only buy us, but drill us,” Lines-Burgess said. “In order to do that, we knew we had to go for the cream of the crop. … Within the last month, it has just heated up tremendously.”

Chesapeake is one of the largest natural-gas producers in the country and the largest leaseholder in the Marcellus Shale, a layer of gas-laden rock about a mile underground that’s centered on northern Pennsylvania.

Lines-Burgess said Marty L. Byrd, the vice president for land in Chesapeake’s Eastern Division, flew into the region Monday evening to meet with members of the landowners’ group Tuesday morning. He is expected to meet with the group’s core membership today, and leases could be signed by the end of the month, she said.

“There was a little give and take all the way around,” she said, citing the company’s requirement of an increased drilling-unit size. The group estimates about 100 well pads will be created throughout the entire acreage.

TO LEARN MORE

To join the landowners’ group, read its lease and find other information about the group, go to its Web site at: www.pamarcellusshale.com

Rory Sweeney, a Times Leader staff writer, may be reached at 970-7418.

Copyright: Times Leader

Court will hear landowners’ claims that gas companies took advantage of them.

MARC LEVY Associated Press Writer

HARRISBURG — Pennsylvania landowners who want to snatch a better deal from natural gas companies hoping to drill into their ground and the potentially lucrative Marcellus Shale formation beneath it will get the ear of the state’s highest court.

Wednesday’s oral arguments in front of the state Supreme Court are certain to be watched closely for its impact on one of Pennsylvania’s biggest economic opportunities and environmental challenges in decades.

For exploration companies with offices from Calgary to Canonsburg, the decision could either bring a huge sigh of relief or the havoc of renegotiating land leases across the state, possibly throwing the entire gas industry into chaos.

The fact that the court moved quickly to hear the case — and resolve a burgeoning number of complaints in state and federal courts — demonstrates the seriousness of the matter.

“By its actions, I think the court recognizes that this really is an extraordinary issue for Pennsylvania and it’s critically important that it is resolved,” said David Fine, a Harrisburg-based lawyer representing ElexCo Land Services Inc. and Southwestern Energy Production Co.

To some extent, justices will hear plaintiffs’ attorneys tell a story of big corporations taking advantage of unsuspecting landowners, paying them a fraction of the upfront per-acre leasing fee that they later paid to other landowners as competition in the land rush intensified.

“They didn’t know Marcellus Shale from a hole in the wall and they feel the gas companies came in and got them to sell away the rights to their property,” said attorney Laurence M. Kelly, who is representing Susquehanna County landowner Herbert Kilmer and his family.

The real legal question will be whether some tens of thousands of leases were never valid because they violate a state law that guarantees landowners a minimum one-eighth royalty from the production of oil and gas on their land.

The lawsuits are just the latest sign that Pennsylvania’s laws governing mineral rights and environmental protection are lagging behind the large, modern-day industry presence that has descended here.

Dozens of exploration companies and contractors have flocked here since early 2008 from as far away as Houston, Denver, and Calgary, Alberta, in a rush to lock up land rights over the thickest portions of the shale. That rush has eased somewhat since the recession drove down natural gas prices — but the legal disputes have not.

By Fine’s estimate, more than 70 lawsuits have been filed in federal and state courts by plaintiffs seeking a judgment that the leases they signed were never valid.

In general, the leases in question give the exploration company the right to subtract certain costs — such as taxes, assessments or transportation — before paying the 12.5 percent royalty. That violates the law, plaintiffs say.

The law, however, is silent on the meaning of “royalty” and whether it is determined before or after those expenses.

Fine and industry officials say it is standard language in leases to deduct those costs — a contention disputed by landowner advocates in Pennsylvania and elsewhere.

But judicial decisions in two of the cases raised the prospect of a myriad of different legal opinions.

In Susquehanna County, the judge in the Kilmer vs. ElexCo case handed the companies an initial victory, saying the law does not specifically prohibit the subtraction of costs. Kilmer has appealed to state Superior Court.

Separately, a federal judge in Scranton hearing a case against Cabot Oil & Gas Corp. denied a motion to dismiss the case, saying the law’s silence does not necessarily mean the costs can be legally deducted.

Fine decided to ask the state Supreme Court to take up Kilmer vs. Elexco immediately, and effectively settle the matter for everyone.

Still, the high court’s decision could create a new kind of chaos. Records of oil and gas leases dating back to the royalty law of 1979 are kept in county courthouses, often in arcane filing systems, making it nearly impossible to know how many landowners and leases are potentially affected.

“I’m sure that no one person knows,” Kelly said.

Copyright: Times Leader