ANNual R EPORT
2015
A message from the PR ESI DEN T
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s I contemplate the words to use for writing this Annual Report, I am reminded of the speed and change that we’ve encountered during this fleeting year. It was a great time to serve as AIPRO’s President and I join fellow AIPRO Board of Directors members in being proud of Andy Miller numerous accomplishments Southwestern Energy and continued development of what is still a relatively new association. Before providing an overview of some of AIPRO’s activities, I want to thank a couple of outgoing board members, who served our organization and community well. Alan Ribble, with Atlanta Exploration, understood the importance of a statewide association to represent oil and natural gas production. He is a founding board member and has served his fellow South Arkansas producers well. We are pleased he will remain an active AIPRO member. Shortly after taking office, Gov. Asa Hutchinson recognized Danny Games’s talents and wooed him away to work on our state’s economic development prospects. Danny is a charter AIPRO board member, first working in our industry via Chesapeake Energy and then with BHP Billiton. We’ll miss his counsel and are fortunate that he continues to work for the betterment of our state. In this report, you’ll read about successes our association has enjoyed—from the annual meeting and education programs to the Arkansas STEPS Network. Additional information in this report highlights the 90th General Assembly. AIPRO worked to ensure our industry was well represented and informed during the state legislature’s deliberations and activities via weekly email updates. New programs and endeavors include creation of the 501(c)(3) Arkansas Energy Education Foundation, an online buyer’s guide to assist those shopping for goods and services, formation of the Arkansas Energy Political Action Committee; and an ongoing effort to form a premium insurance program with industry-related carriers. Now, for a brief reflection on our industry in general. There’s no way to sugarcoat it. The oil and natural gas industry is in the midst of a difficult time. American ingenuity and technology have created an over-supply of hydrocarbons, which has resulted in low commodity prices. Frankly, we have more than could have been dreamed possible just 10 short years ago, completely changing the world’s energy picture. Arkansas’s three natural gas utilities recently reported that consumers will see a 19 to 23 percent decrease this winter in their
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monthly natural gas bills and drivers can readily find gasoline for under $2 per gallon. That’s the good news! We finally have a measure of energy security. It is a difficult time for producers, however. It is testing leadership and causing anxiety and restructuring in the energy industry. We are victims of our own success. However, as with all commodities, the cure for low prices is low prices—the law of supply and demand. Drilling rigs are being laid down all over the U.S. and our state has seen the rig count drop from 60 to four in the past seven years. There will be fewer hydrocarbons produced and eventually commodity prices will stabilize. More good news is that we now know that those resources are in the ground and are recoverable. Arkansans can be proud that we have been on the forefront of the energy revolution. The Fayetteville Shale was the second unconventional play (behind the Barnett in Texas) and is where much of this technology was proven. The combination of horizontal drilling and hydraulic fracturing has revolutionized the energy industry worldwide. A few notable facts: •
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Arkansas produces 3.5% of the entire country’s natural gas as the 4th-leading shale natural gas producing state and 20th in oil production. U.S. manufacturing is experiencing a comeback. Jobs are being created here because low and reliable energy costs offset lower wages abroad. Technology is now enabling us to liquefy natural gas, which will make the U.S. a NET EXPORTER of natural gas by 2017. Perhaps pending federal legislation will allow U.S. producers to export oil for the first time since the 1970s. This is vital legislation for the American oil-producing market. The President has threatened to veto it, as he believes that the decision should be made only by the Commerce Department. It’s important to note, however, that it was the U.S. Congress that passed the ban in the first place. Arkansas’s congressional delegation is completely in favor of this legislation.
Modern society is only possible through energy use. Welcome to our new reality—one of domestic energy security and over-abundance. It is certainly a much better problem to have than scarcity, which has been our nation’s energy challenge since the 1970s. American technology, ingenuity and entrepreneurship have once again changed the world. AIPRO proudly represents those involved in this dynamic industry. We appreciate those who support us and encourage others to get on board!
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J. Kelly Robbins Executive Vice President
EXECUTIVE VP message
he 90th General Assembly session was a success for the state’s oil and natural gas production community. AIPRO has a credible reputation at the Capitol and it hasn’t been created by happenstance. It has occurred through the efforts and outreach by our members and others who work on behalf of our community. Our association is living proof that unity and information create strength.
Please find below an overview of a few of the bills and resolutions of interest to our members. Sales Tax Exemptions (Both acts became effective October 1, 2015.) SB801/Act 1125 – To Exempt From Sales And Use Taxes Sand And Other Proppants Used Directly In Certain Manufacturing Processes. By Sen. Jason Rapert. This act exempts sand and other proppants from the state sales and use tax. AIPRO supported. SB802/Act 1126 – To Amend The Law Concerning The Sales And Use Taxes Applicable To Certain Services; And to Exempt Certain Solid Waste Services From Sales And Use Taxes. By Sen. Jason Rapert. Exempts waste water hauling services from the state sales and use tax. AIPRO supported. Eminent Domain & Private Property Rights (Numerous bills were filed related to this issue area; however, only three were actively pursued and enacted.) HB1490 – To Revise Certain Eminent Domain Laws That Arise Out Of Property Rights Secured Under The Arkansas Constitution, Article 2, § 22. By Rep. Bob Ballinger. This 68-page bill eliminates numerous definitions and processes for the use of eminent domain, including “common carriers.” It further requires all permitted uses to follow the same process. Assigned to committee and never pursued. The sponsor stated that he wanted this proposal to be a “conversation starter.” HB1592/Act 842 – To Clarify Requirements For Obtaining A Certificate Of Public Convenience And Necessity From The Arkansas Public Service Commission. By Rep. Rick Beck. Clean Line Energy and a related transmission line easement across North Arkansas from windmill production in Oklahoma were the targets of this bill. HB1870 – To Protect The Property Rights Of Citizens; To Prevent The Abuse Of Power Of Eminent Domain By Private Pipeline Companies. By Rep. Warwick Sabin.
Presented in committee but did not receive enough votes for approval. Originally aimed at all pipelines, the bill was amended to only impact oil pipelines. The Arkansas Public Policy Panel requested the filing of this bill. AIPRO opposed. HB1908/Act 1101 – To Establish A Bill Of Rights For A Property Owner. By Rep. Rick Beck. This enacted legislation calls for “just compensation” for property owners who have their land impacted by eminent domain and guarantees the right to a jury trial. Additionally, the entity exercising this authority must pay for legal and other associated fees if the final adjudicated value is at least 20% more than the compensation offered. SB757/Act 1002 – To Restrict The Ability Of Local Governments And Other Entities To Regulate Private Property Rights. By Sen. Jim Hendren. Like HB1592, this bill was aimed at Clean Line Energy. Arkansas Oil & Gas Commission SB47/Act 89 – To Authorize The Arkansas Oil And Gas Commission To Form Brine Expansion Units Containing One Or More Brine Production Wells Or Brine Injection Wells And To Clarify The Annual Adjustment of In-Lieu Royalty Payments. By Sen. Bobby Pierce. Allows AOGC to permit the expansion of existing brine production units. SB554/Act 1046 – To Amend The Laws Concerning The Collection, Deposit, And Use Of Gas Assessment Fees; To Designate Certain Gas Assessment Fees As General Revenue. By Sen. David Sanders. This legislation allows for the diversion of one-half of the amount collected via the natural gas conservation assessment fee (9 mills per Mcf) to the General Revenue fund. With current levels of production, this amounts to approximately $5 million. AIPRO was pleased that the bill was amended late in the session to provide for a two-year sunset. SB778/Act 906 – To Provide Opportunities For Hearings Before The Oil And Gas Commission; And To Provide The Oil And Gas Commission With Flexibility Regarding The Holding Of Hearings. By Sen. Bruce Maloch. This act conforms AOGC integration hearings to the standards required by the Administrative Procedures Act, guaranteeing, but not requiring, a hearing if there are no objections.
Property Taxes HB1308/Act 1057 – To Stay The Collection Of Delinquent Personal Property Taxes Pending Appeal Of The Personal Property Tax Assessment. By Rep. Stephen Meeks. Personal property taxes do not become delinquent and bear interest/penalties until 30 days after final disposition of any tax appeal. A property owner involved in an appeal
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aNNUAL MEETING & N etWOR KING
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he 7th Annual Meeting was held October 6-7, 2015, at the
Embassy Suites in Little Rock. With more than 100 participants, AIPRO’s yearly membership gathering is the premier networking event in the Arkansas’s oil and natural gas Southwestern Energy CEO Steve Mueller
community. Many thanks to the 26 sponsors, eight exhibitors and 15 presenters for making the event a success! See select speakers’ presentations online at bit.ly/1jxxEdP
(Left to right) Bleu Inabinett; BHP Billiton; Gayle Mason; Mid-State Energy; Kelly Weaver, BHP Billiton, Howard Vernon, Foundation Energy Management; and Brandon Zinser, ESS Transportation, enjoy shooting sporting clays at Blue Rock.
(Left to right) AIPRO Past President Danny Ferguson and George Sheffer, both with Southwestern Energy. (Left to right) Randy Strickland, Hanna Oil & Gas; Howard Vernon, Foundation Energy Management; David Reynolds, J. David Reynolds Company; Warner Smith, WTS Petroleum Services; and Richard Walt, J. David Reynolds Company.
SOU TH A R K ANSAS FISH FRY
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A PR IL 27, 2015 – Arkansas M USeu m of natural resources, sm ackover
OUTREACH & EDUCATION ARKANSAS ENERGY EDUCATION FOUNDATION In 2015, the Arkansas Energy Education Foundation (AEEF) received non-profit status from the IRS. This 501(c)(3) organization will fund and direct public education and outreach activities. Contributions are fully tax deductible.
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n 2015, ArkansasEnergyRocks!— the oil and gas community’s outreach and education program— grew in terms of the numbers of students, educators and community groups reached. • • • • •
Schools – 30 Classrooms – 104 Students – 2,600 Civic/Teacher Groups – 12 Adults – 594
The program’s message is global in scope and encourages people to closely examine their ideas about energy exploration, production and usage in our country and state. We are challenging the users of our
products to become informed before they make important decisions about energy policy and believe the propaganda served up by the media, as well as environmental groups. Challenging audiences to be more deliberative is an important part of the program’s purpose and demonstrates the continued need for public outreach. The 2nd Annual Teacher Energy Education Workshop, held June 1517 in Conway, sold out quickly and had a waiting list of eight educators! This three-day event provides industry background and showcases operations in the Fayetteville Shale.
To ensure the success of this foundation, we need the support of our members—individuals, businesses and corporations. Make checks payable to Arkansas Energy Education Foundation and send to: AEEF 1401 W. Capitol Ave. Suite 440 Little Rock AR 72201
ABOVE: Teacher Energy Education Workshop participants visit a Southwestern Energy site.
2015 Teacher Energy Education Workshop
ARKANSASENERGYROCKS.COM
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HEALTH & SAFETY Arkansas STEPS Mission To promote safety, health and environmental improvement in the exploration and production of oil and gas in U.S. onshore operations. The National STEPS Network fosters a work environment that relies upon open communication and trust. Arkansas STEPS Network was founded in 2011, and has served more than 100 companies in our industry. The Occupation Safety and Health Administration (OSHA) provides training, materials and support at every meeting. Arkansas STEPS Board • Jeremy Cox, Southwestern Energy, Chairman • Bill Brown, XTO Energy Inc., Co-chairman • Leslie Davis, Harbor Environmental and Safety, Treasurer • Michele Easter, AIPRO • Mark Landers, BHP Billiton Petroleum
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Caleb Larru, Stephens Production Mary Walter, OSHA Carlos Reynolds, OSHA
Classes are, with few exceptions, provided for free to all employees of the oil and natural gas industry. The meetings are held primarily in Heber Springs, with some in South Arkansas in Magnolia. The 2015 average monthly attendance is 46, with total attendance in 2015 of 637. OSHA Stand Downs Arkansas STEPS helped to publicize and provide training resources for the two OSHA “Stand Downs” in 2015. The first was a coordinated nationwide effort held in May regarding Fall Prevention. The second Stand Down was held in September in Arkansas—initiated in response to a high number of workplace amputations in Arkansas. As a result of the stand-down, 16,451 participants received amputation
awareness training; 2,723 self-audits were conducted; 3,380 hazards were identified; and 7,416 workers were removed from amputation hazards. Arkansas STEPS Exhibitors - 2015 G & K Services Harbor Environmental and Safety Industrial Splicing and Sling Arkansas Dept. of Labor OSHA Arkansas STEPS Sponsors - 2015 Gold BHP Billiton Petroleum Holmes Erection Insurance Center Reliance Well Service Southern Pipeline Construction Co. Southwestern Energy Stephens Insurance XTO Energy Inc. Silver Badger Daylighting Compass Energy Services Industrial Power, Inc. Klaasmeyer Construction Co. NLS Construction, LLC Pense Brothers Construction Ronnie Stell Trenching Shannon Bros. Pipeline Co. Bronze Best Crane & Rigging Fairmont Specialty Industrial Splicing and Sling Johnson Brothers Construction Premier Well Service Friend of STEPS Arthur J. Gallagher Insurance Calfrac Weir Oil and Gas Learn more about classes at
arstepsnetwork.org
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ADVOCACY & COMM UN ICATION
IPRO has formed Arkansas Energy Political Action Committee (PAC), which will provide AIPRO the opportunity to put meaningful support behind candidates who will best represent our interests. This became even more significant when voters passed an amendment to Arkansas’s Constitution last November. The Arkansas Elected Officials Ethics, Transparency, and Financial Reform Amendment of 2014 prohibits campaign contributions from businesses and corporations. Before AIPRO releases funds
to a candidate or campaign, the PAC’s five trustees—the three AIPRO officers, Government Affairs Committee chairman and Executive Vice President—will discuss and vet candidates. The AIPRO Board of Directors will be advised about any proposed contributions and have the opportunity to object. To make the PAC successful, we need member support—individuals, businesses and corporations, who can make direct contributions. Following is basic information about contribution limits and tax credits:
• Can accept up to $5,000 from any single entity/individual per election, i.e. primary and general; • Current limit to a candidate is $2,700 per election; • Individual donors can receive a $50-per-person or $100-percouple tax credit on their Arkansas income tax return. Help the PAC by contributing today. Make checks payable to Arkansas Energy PAC and mail to: AEPAC 1401 W. Capitol Ave., Suite 440 Little Rock, AR 72201
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he AIPRO Buyers’ Guide—a premier resource of relevant products and services for oil and gas professionals—is now available online at www.aipro.org. AIPRO partnered with Overland Park, Kan.-based Strategic Value Media, a nationwide provider of print and digital media solutions for national, state and local trade guide and associations, to produce the guide. “This comprehensive guide offers access to a vast network of industry suppliers,” said Kelly Robbins, AIPRO Executive Vice President. “We are very pleased with the fine work SVM has done with this guide, which we anticipate will greatly assist industry professionals and personnel in making educated purchasing decisions.” The guide features expanded company and product listings in addition to other valuable information relating to the oil and gas industry. Also, the guide offers oil and gas suppliers and companies exceptional visibility by showcasing their products and services to a targeted, industry-specific buyer group.
aroilgasbuyersguide.com
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IPRO’s Legislative Update weekly email newsletter during legislative sessions was recognized with a 2015 Excellence in Communications award by the Arkansas Society of Association Executives (ASAE) in July at ASAE’s Annual Convention. ASAE provides an opportunity for association executives to network with their peers and promotes education to association executives concerning convention planning, seminars, communications and publications, management skills and other topics related to association management.
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CONTINUED FROM PAGE 3... must pay the undisputed amount of tax to the county and the disputed amount into an escrow account established by the court. AIPRO supported. HB1698 – To Amend The Penalty For Not Providing A Name And Description Of Personal And Real Property. By Rep. Charlotte Douglas. Passed the House, died in Senate. This bill caused concern as it was supposedly introduced to update an antiquated penalty of $10-$25 for a person who refuses to give the county assessor their name and a complete description of his or her property. However, rather than modernizing the penalty, the bill also changed other portions of law, which would have allowed county assessors to have full authority to determine guilt or innocence. SB833 – To Amend The Valuation Procedures Used For Purposes Of Ad Valorem Taxes; And To Provide A Valuation Method For Natural Gas Piping And Equipment Used In A Natural Gas Production. By Sen. Bruce Maloch. Amended but no action taken for passage. This legislation was related to the valuation of natural gas equipment and piping for property tax purposes. After an industry meeting with Assessment Coordination Department (ACD) personnel, including recently appointed director 2016 officers & board President Andy Miller Southwestern Energy Secretary Mike Carter Stephens Production Co. Past president Mark Thomas Cornerstone Energy
Bear Chaney, the bill was not pursued. AIPRO will work with ACD regarding future valuation determinations and no changes were implemented for the 2015 assessment year. CNG/LNG Incentives SB361/Act 430 – An Act For The Arkansas Economic Development Commission – Capital Improvement Grants For Compressed Natural Gas Fueling Stations General Improvement Appropriation. By Sen. David Johnson. This appropriation allocates $350,000 to the Arkansas Economic Development Commission for creating additional CNG fueling stations. Miscellaneous HB1436/Act 536 – To Amend The Distribution And Use Of Severance Taxes; To Create The Road And Bridge Repair, Maintenance, and Grants Funds. By Rep. Grant Hodges. As a result of the passage of this bill, the practice of providing 5% of the natural gas severance taxes for road and bridge repairs back to the counties impacted by natural gas extraction has now been enacted by law.
Rep. Lane Jean. AIPRO was involved with this legislation and worked with members, AOGC, State Auditor, Association of Arkansas Counties and Arkansas County Tax Collectors Association to get the best possible language. This act changes the state’s processing and disposition of various “unclaimed” properties, including abandoned/unclaimed minerals (royalties) held in escrow. Producers will no longer be required to provide annual reports to AOGC and funds will escheat/transfer to the state in three years instead of five. SB488/Act 1110 – To Prohibit Enforcement Of Certain Provisions In Construction Agreements And Construction Contracts. By Sen. Jason Rapert. This legislation prohibits anti-indemnity clause language to be included in private contractual agreements; however, the oil and natural gas production community is specifically exempted from this act and the prohibition of such language.
HB1782/Act 1039 – To Amend The Laws Concerning Unclaimed Property; To Amend The Time Periods For The Presumption Of Abandonment Of Unclaimed Property; And To Amend The Reporting Requirements Related To Abandoned Mineral Proceeds. By
SB755/Act 572 – To Improve Intrastate Commerce; To Regulate The Practices Of The Motor Carrier Industry. By Sen. Jon Woods. Much like SB488/Act 1110 referenced above, this act prohibits anti-indemnity language in contractual agreements between a shipper and a motor carrier. Fortunately, our community is also specifically exempted from this prohibition as well.
South arkansas Rick Bauman, ARKLATX Operating Co. Chris Rogers, Bonanza Creek Energy Richard Walt, J. David Reynolds Co.
AIPRO staff J. Kelly Robbins Executive Vice President krobbins@aipro.org
arkoma basin Bill Hanna, Hanna Oil & Gas Gayle Mason, Mid-State Energy Howard Vernon, Foundation Energy Management
Michele Easter Director of Events and Communications measter@aipro.org
Fayetteville shale Keith Simpson, XTO Energy Inc. Danny Ferguson, Southwestern Energy Lynnae Willette, BHP Billiton Petroleum
1401 W. Capitol Ave., Suite 440 Little Rock AR 72201 501.975.0565 www.AIPRO.org
@aiproorg aiproorg