Ohio Gas & Oil April 2019

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April 2019

A Free Monthly Publication

MEET STEVE DOWNEY, NEW OOGA PRESIDENT

IN COLUMBUS STOP,

VEEP MIKE PENCE PROMOTES OIL & GAS IN THIS ISSUE: BE OUT AMONG THEM – editorial



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APRIL 2019

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Table of Contents APRIL 2019

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A Look Ahead Gas & Oil Events

G ROUP PUBLISHER

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In Columbus stop, Veep Mike Pence Promotes Oil and Gas, Border Wall

Bill Albrecht

6

Meet Steve Downey, New OOGA President

EXECUTIVE EDITORS

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Be Out Among Them Guest Editorial

Ray Booth rbooth@daily-jeff.com Ted Daniels tdaniels@the-daily-record.com

CONTENT CO ORDINATOR Doris Sigg

dsigg@the-daily-record.com

“Ohio Gas & Oil” is a monthly publication. Copyright 2019.

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Industry Partners with Several Local Food Pantries

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More Than $32 Billion Being Invested in Appalachian Basin Pipelines

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Supreme Court of Ohio Takes up Oil and Gas Statute of Limitations Question

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Study: Drilling could stifle other business in Marcellus region

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Encino Energy Shooting for Stability in Ohio

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Gulfport Energy Fund Opens First Grant Round of 2019

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Ohio Well Activity

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Horizontal Drilling Activity Graph

On The Cover:

(from L) Ohio Lieutenant Governor Jon Husted, Second Lady of the United States Karen Pence and Vice President Mike Pence wave to the audience at the Ohio Oil and Gas Association Annual Meeting at the Columbus Hilton at Easton in Columbus, Ohio on March 8, 2019. [Brooke LaValley/Dispatch]

APRIL 2019 ADVER TISING John Kridelbaugh Cambridge, Ohio Office jkridelbaugh@daily-jeff.com 740-439-3531 John Kridelbaugh Wooster & Holmes, and Ashland, Ohio Offices jkridelbaugh@daily-jeff.com 330-264-1125 Mindy Cannon Alliance & Minerva, Ohio Offices mcannon@the-review.com 330-821-1200 Nancy Whitehead Kent, Ohio Office nwhitehead@recordpub.com 330-298-2012

L AYOUT DESIG NER Phil Luks

pluks@recordpub.com

A Division of GateHouse Media Ohio 212 E. Liberty St. Wooster, OH 44691 330-264-1125 editor@spectrumpubs.com. APRIL 2019


A Look Ahead

Gas & Oil Events APRIL 4, 2019

MID-OHIO VALLEY CAREER CONNECT CAREER FAIR,

Dyson-Baudo Recreation Center Butler Street, Marietta, OH 45750 About Career Connect: Marietta College, Washington County Career Center, Washington State Community College, Jobs & Family Services, and Building Bridges to Careers have partnered to create Career Connect – a career fair to meet the needs of job seekers and employers in the MidOhio Valley.

APRIL 6, 2019

provides companies and industry leaders the opportunity to gain an expanded understanding of the potential for ethane and ethylene related product development in West Virginia.

APRIL 8-9, 2019

SPE INTERNATIONAL CONFERENCE ON OILFIELD CHEMISTRY,

2019 Moody Gardens Hotel and Convention Center Galveston, Texas, USA

APRIL 10, 2019

PIOGA SPRING MEETING,

Wednesday, April 10, 2019 EXPANDING YOUR HORIZONS, Rivers Casino Inspiring girls to recognize their Pittsburgh, Pennsylvania potential and pursue opportunities in science, technology, engineering and mathematics. OIL & GAS ORIENTATION FOR April 6, 2019 NEWCOMERS TO THE INDUSTRY The College of Wooster Tue, April 16, 2019 OOGEEP’s Role: 9:30 AM – 4:30 PM Event sponsor and session leader. Houston Museum of Natural Science Session Activity: From Here to There: Discover how 5555 Hermann Park Drive biomaterials are formed, explored, Houston, TX 77030 transported and used every day! Be This course was specifically dea part of an engineering team that signed for recent newcomers to the designs and constructs a pipeline industry. Newcomers in almost any system to move ping-pong and golf role can get off to a quicker start balls through a variety of angles, and become a better team player if they have at least a basic workheights and other obstacles! ing knowledge of the industry. Many companies are behind on training because of recent cost cutting and MARCELLUS AND MANUFACTURING it can be difficult and expensive for DEVELOPMENT CONFERENCE, companies to organize effective Morgantown Marriott at Waterfront orientation programs in-house. Place We have a solution. We have teamed Two Waterfront Pl, Morgantown, up with Energy Training Resources WV 26501 to create a well-organized, mediaAbout MMDC: rich program that covers the basic The Marcellus and Manufacturing industry structure, functions, and Development Conference plays commercial terms in just one day, at host to companies interested in lo- a low cost. This uniquely designed cating new facilities or expanding program will allow participants to existing operations in the state, and have access to the Houston Muse-

APRIL 16, 2019

um of Natural Science’s newly-renovated Wiess Energy Hall. As course topics are covered, participants will be able to view the Energy Hall’s related exhibits, giving them a handson and memorable learning experience. DISCOUNTS (must use PDF registration form) 1 – Companies/School Districts registering 5 or more people will receive a 10% discount. 2 – Members of our Emerging Leaders in Energy program receive $20 off the registration price. CREDITS 1 – 7 CPE credits through the National Association of State Boards of Accountancy (NASBA) 2 – 6 CPE credits through the Texas Education Agency (TEA) All discounts will end COB on Monday April, 1 and the registration price will increase $50. Registration will close at noon EST on Friday, April 12. Onsite registration will not be available. Event benefits the IPAA Educational Foundation and the IPAA/PESA Energy Education Center. Thank You to Our Sponsors

APRIL 8-9, 2019

APRIL 18, 2019

SOOGA SPRING MEETING,

Marietta Shrine Club Marietta, Ohio OOGEEP’s Role: Speaker – Rhonda Reda, Ohio Oil & Gas Energy Education Program Events continued on page 5

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In Columbus stop,

Veep Mike Pence promotes oil and gas, border wall MARTY SCHLADEN | The Columbus Dispatch Vice President Mike Pence and state Republican leaders gathered Friday, March 8 with Ohio oil and gas producers to celebrate low severance taxes, cuts to environmental regulations and the country’s withdrawal from an international accord intended to curb climate change. Pence also used the visit to amplify President Donald Trump’s case for a wall at the Mexican border. The former Indiana governor spoke to the convention of the Ohio Oil and Gas Association at the Hilton Columbus at Easton. He delivered a polished, half-hour speech that mostly drew polite applause, but at the end brought the crowd to its feet.

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“America will never be a socialist country,” he declared. That got an even more enthusiastic response than when Pence told the crowd that the country needs four more years of President Donald Trump. But the top of the speech was dedicated to the subject of the day: energy. “Energy is a source of prosperity for American communities and American families,” Pence declared. He riffed on a quote from 19th century statesman Daniel Webster: “Let us develop the resources of our land and call forth its power.” Pence also said that the American oil and gas industry has no greater friend than the Trump administration. He noted that the average oil and gas worker in Ohio and Pennsylvania makes $88,000 a year, production is growing and the United States is poised next year to become a net energy exporter for the first time in 70 years. Pence tore through a litany of measures taken by the administration that he said protect the nation’s economic future. “We approved the Keystone and Dakota pipelines, withdrew the United States from the job-killing Paris Climate Accord, eliminated the hydraulic fracking rule, rolled back methane (regulations), we’re ending the Clean Power Plan, scrapped the stream protection rule and now under President Donald Trump, the war on coal is over,” he said. Pence continued on page 7

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Events continued from page 3

APRIL 23 & 24, 2019

MAY 4, 2019

April 23, 2019 Network Night Reception 5:30pm Speakers April 24, 2019. Expo 7am - 3pm James Carnes Center 45300 Roscoe Road, Saint Clairsville, OH 43950 The OHIO VALLEY OIL & GAS EXPO is the Premier 2019 Oil and Gas Event in the Marcellus and Utica Shale Regions! This two day business to business gathering features a network reception with leading industry speakers on Tues., April 23rd and a one day expo display on Wed., April 24th. Situated in the rural and rich shale region of Belmont County, space is limited and it continues to be a SOLD OUT event year after year! Secure your exhibitor spot today to avoid the waiting list! Sponsorships are available and can be customizable. Please contact the expo staff at expo@mprsupplychain.com or 740-671-9822 x7.

COSI 333 W Broad St, Columbus, OH 43215 About Big Science Celebration: The COSI Science Festival Big Science Celebration at the Peninsula is the culminating event of the four day festival, taking place on Saturday, May 4, 2019 from 11 a.m. – 4 p.m. The event will bring thousands of people to the Peninsula, including Washington Blvd., Genoa Park and COSI, for a day of interactive activities hosted by Columbus’s own science, technology, engineering and mathematics focused organizations. This FREE event is open to all, but the primary target audience will be families with school ages children, with a special focus on those with limited access to science education resources. ALL Big Science Celebration exhibits must be designed to engage the public in an interactive, hands-on way with some aspect of science,

OHIO VALLEY OIL & GAS EXPO,

COSI BIG SCIENCE CELEBRATION

technology, engineering, and/or mathematics. We encourage you to be creative! Help the public understand what your organization does for our community and beyond. Help us address workforce challenges by bridging the STEM skills gap and allowing our community’s children to see themselves in scientists and scientists in themselves.

MAY 5-7, 2019

INTERSTATE OIL AND GAS COMPACT COMMISSION COLLETIVELY REPRESENTING THE STATES 2019 ANNUAL BUSINESS MEETING:

Skirvin Hilton Oklahoma City Hotel Oklahoma City, Oklahoma Join us for this year’s Annual Business Meeting in Oklahoma City, Oklahoma, May 5 - 7, 2019 at the Skirvin Hilton Oklahoma City Hotel in Downtown OKC. Register today for one of IOGCC’s most highly anticipated meetings with other state regulators, federal officials and industry executives.

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APRIL 2019

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Meet

Steve Downey The new Ohio Oil & Gas Association President RAY BOOTH | GateHouse Ohio Steve Downey, new president of the Ohio Oil & Gas Association, asks this question in his introduction on the OOGA website. “So how did a guy from West Virginia become the President of the Ohio Oil and Gas Association?” But, as Downey can relate, it’s not a question of being an overnight success. It’s more a question of being willing to work at representing the Ohio oil and gas industry through whatever is being asked. “Well, I began as a bank auditor of all things,” Downey said. “It so happened that the husband of the Human Resource officer at the bank was comptroller of Columbia Gas Transmission. I applied for a job at her suggestion, started in finance, worked my way through CGT, that is now owned by TransCanada. I spent 18 years there in bunch of different areas, strategic planning and analysis Then I went over to a production company, so I started on the midstream side, went to the upstream side and now work with EnerVest with wells and acreage in Ohio.” And that background in a multitude of jobs in different parts of the gas and oil industry led Downey to the Ohio Oil & Gas Association, where he worked in committees on a variety of issues to help better the association and its ability to serve its members. Now, as president, Downey said the focus will be to address challenges and continue to improve the organization. “You know you will always have regulatory, legislative challenges,” Downey said. “We don’t know fully what they are going to be yet, with a new governor and new legislature. 6

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OOGA President Steve Downey We’ll address those as those happen. One of the bigger challenges is how well motivated and how well funded the environmentalists have become. They’ve become quite good at stopping pipeline projects and creating delays at the federal level, state levels and local levels. Will they completely defeat them? I don’t think so but they add to the time and cost.” New OOGA President Downey said another challenge is on the federal level with a Democratic controlled House having an agenda that is more social than economic “Regardless what anyone says, studies, credible studies, show that natural gas not just a bridge fuel, it’s a fuel for the future,” Downey said. “It’s sustainable, we have reserves. We’re all for an energy policy that takes into account different aspects of energy such as nuclear, coal usage, hydro, wind, solar. All

those things are great. But you can’t pick a winner or loser by subsidizing something that isn’t feasible, by subsidizing an industry that isn’t viable on its own.” While Downey said it’s a little too early to comment on the state’s new administration, he did say that discussions with new Ohio Gov. Mike DeWine and his camp have “all been very positive.” “Gov. DeWine has a pretty long track record,” Downey said. “That’s a good thing. He didn’t just come out of the woodwork. We understand that not everything that happens is going to be good for the industry but we’re very encouraged by Gov. DeWine and the selections for his cabinet. We’ve had an opportunity to meet with Mary Mertz, the new ODNR director, a seasoned DeWine veteran, and we were very impressed. We’ll see how things work in operation but we’re encouraged.” Downey said the Ohio and Gas Association, with executive director Matt Hammond and his staff, does a “wonderful job in keeping shale producers and other producers in one association. It’s not like Pennsylvania, and West Virginia is also somewhat fractioned. Ohio has kept producers in one group and that is something that is very important to me. We do not want to have one part competing against another on policy issues. We want to treat all producers fairly. You are seeing consolidation. Everyone thinks mergers and consolidations are big companies doing things with big companies. That’s not necessarily true. Companies are buying some local and conventional producers. But if Steve continued on page 9 APRIL 2019


Pence continued from page 4

Something Pence didn’t elaborate on: climate change. There’s an overwhelming scientific consensus that burning fossil fuels is a key factor in raising atmospheric temperatures, causing more volatile weather, melting polar ice caps, rising sea levels, killing coral reefs, causing prolonged drought and exacerbating wildfires, among other effects. As he introduced Pence, Lt. Gov. Jon Husted also assured the audience that Gov. Mike DeWine’s administration would not propose in next week’s budget plan to increase Ohio’s oil and gas severance taxes. The state’s rates are far lower than those in Texas, and DeWine is scraping for money to fund transportation, child care and other priorities. Gov. John Kasich tried several times to increase the assessment, to no avail. Pence also used the occasion to boost Trump’s fight for a wall on the Mexican border. Having failed to get funding for a wall passed when Republicans controlled both houses of Congress or during a 31-day partial government shutdown over wall funding, Trump declared a national emergency in an attempt to draw funding from the defense budget. He’s poised to lose the first round on that, too — although Congress is unlikely to override an expected veto of a measure passed by the House and expected to win approval in the Senate.

As has Trump, Pence made a number of questionable arguments in support of the wall. He said that a wall would reduce the smuggling of drugs that have been responsible for the opioid epidemic plaguing heartland states such as Ohio and Indiana. But homeland security experts and Texas Congressman Will Hurd, a Republican former CIA officer who represents the longest stretch of the southern border in Congress, say a wall would be an expensive, ineffective approach to the fight. Rather, they say, the great majority of contraband is coming in vehicles through existing international ports of entry and the money would be better spent on technology to screen them. More generally, Pence amplified an oft-repeated Trump line: “Despite what you may hear from many voices in the national media, we have a crisis on our southern border.” But while Trump has said the crisis includes criminals sneaking across, such apprehensions on the southern border have been falling for decades. A crisis officials are faced with now is a humanitarian one. Unprecedented numbers are showing up from Central America, turning themselves in and seeking asylum. mschladen@dispatch.com @MartySchladen

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Be Out Among Them Guest Editorial GREG KOZERA | Shale Crescent USA

Years ago, my good friend, JB, gave me some advice that has served me well. We were both in sales for our company at the time. JB said, “Kozera, you always have to be out among them.” The message is twofold for all of us whether you are in sales or a teenager trying to get a date. First; We have to do something. We have to take some action. If you want a job or a better job, no one is going to come looking for you. If you want to make a sale or go on a date, you have to do something to make it happen. Second; They need to know you exist. Unless you are the Post Office, no one is going to come into your business searching for you to buy unless they know you exist and you have given them a reason to want to buy from you. Whether I was selling candy for my little baseball league team at age 9, selling oilfield services like I did for many years, or selling our Region for Shale Crescent USA, I have never been blessed with walkin business. I always had to find prospects and go to them. Even in college my phone did not ring off the hook with girls asking me for a date. I had to find them and ask. I even got to experience a lot of rejection before finding success and my wife of 43 years. This may sound like common sense. But I routinely see restaurants that open and then close in six months who can’t figure out why they failed. They never did any marketing. Some, I found out later, had excellent food and service but no one knew about it. Word of mouth marketing is fine, but it is rarely enough without a little help. I was at a large meeting of a regional group in Pittsburgh shortly after I joined the Shale Crescent USA Team. For two hours, they talked about work force development, roads, railroads, pipelines, a storage hub and sites. These are all important. Finally, after I couldn’t stand it anymore, I spoke up and said, “This is all important stuff we have been talking about for the last two hours. But, if I was in Europe, Asia or Chicago would I even be thinking about coming here?” They all looking straight at me, and one leader responded, “No. We plan to start marketing next year.” I immediately knew why Shale Crescent USA had been created and what we had to do. Recently, we met with an Asian company who came to Marietta for a visit. We have been working

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with them for months. One gentlemen shared, “You are the only people marketing the region.” Being out among them means being where your prospects are. What meetings do they attend? What restaurants to they go to? Where are they online? In my oilfield days, if I didn’t have a lunch appointment, I knew where people ate lunch, and I could almost always find one of my customers or a prospect if I just showed up at lunch time. I needed to meet with the Executive VP of a very large company a few years ago. We knew each other, but he was always busy. I set up lunch with one of his managers. We just happened to cross paths with the VP in the lobby of his building. I got my five minutes and accomplished what I needed. That would not have happened if I had stayed home or just sent emails. Shale Crescent USA, is planning to attend several conferences and events this year where our prospects are. We already have three meetings with prospects set up at the World Petrochemical Conference in March. We are working on magazine articles, interviews and other social media that will touch our prospects. Our message needs to be where they are. When you are “out among them” you will probably find yourself getting lucky. One of our current prospects came from a chance meeting on an elevator. It was the only time we crossed paths at that large conference. We were prepared. That 90-second contact led to a face-to-face meeting and a great developing relationship. Hope you had an awesome Valentine’s Day. Great relationships don’t happen by accident. They need constant work and care. We can never take people and our relationships for granted. I believe that in our love relationships we need to give more than we take. Our future isn’t behind us. It is ahead of us. We can make it a bright future by what we do each day. © 2019 Shale Crescent USA Greg Kozera is the Director of Marketing and Sales for Shale Crescent USA www.shalecrescentusa.com . He has over 40 years of experience in the energy industry. Greg is a leadership expert with a Masters in Environmental Engineering and the author of four books and numerous published articles.

APRIL 2019


Steve continued from page 6

there is consolidation, it can skinny down the membership. Issues don’t go away even if the number of operators decreases. Work doesn’t change.” Downey said that from an association standpoint, OOGA has commissioned a cross-functional team of members across all classes to look at the dues structure and set the organization on the path for the future. “That doesn’t mean an immediate dues increase,” Downey said. “It just means looking at how we can keep ourselves moving strong into the future and leave association in a better place than when we started. We’ll be looking at the Board of Trustees, committees, looking at how they are structured. Chairmanships, how long do people serve? What committees need to be in place to be looking forward and to be prepared to act based on whatever legislation, social issues need to be addressed. Downey also said he is “really excited” about successes in the past year. The new director, Matt Hammond, was appointed one year ago and Downey said Hammond and his staff were able to push a “sales and use” bill through the legislature. House Bill 430 was designed to reaffirm and clarify the traditional application of sales and use tax on oil and gas related activities. The bill itself was based upon the established Ohio sales tax law and past legal precedent. It did not expand nor contract the applica-

tion of the sales and use tax upon the industry. As several members came under audits that expanded what was traditionally taxed, OOGA felt the need to reaffirm how the tax has traditionally assessed. Additionally, language was needed to clarify the certification of pollution control certificates, which was traditionally granted by the Ohio Department of Taxation but also altered during these audits. Downey also mentioned the island orphan well bill. “I’m extremely excited by that,” Downey said. “If you look at surrounding states, West Virginia and Pennsylvania, Ohio is only one with orphan well plugging fund. Part of the severance tax goes into that fund. As the Ohio Department of Natural Resources identifies orphan wells, there are funds to pay for plugging them. Prior, the problem was ODNR not really focusing on idle and orphan wells. The program was just plodding along and dollars were accumulated. Those dollars ended up going to other funds, which was not the intent. “We introduced the bill to force, if you will, the ODNR to spend at least 30 percent on plugging wells. The bill passed 227 to 0, with environmentalists holding hands with us. Obviously our industry was behind it. This year and in future years we’ll be looking at ways to tweak that bill to help ODNR plug wells.” For more about Downey and the Ohio Oil & Gas Association, visit their website at https://www.ooga.org/

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INDUSTRY PARTNERS

WITH SEVERAL LOCAL FOOD PANTRIES MIKE CHADSEY | Director of Public Relations, Ohio Oil and Gas Association

As many of you have seen, over the last five years, your Association closes out the year during the holiday season by partnering with the Toys for Tots Foundation to bring some muchneeded joy to families in need. When the Communications Committee got fired up again this year, one of the first items we discussed was what can we do during the first part of the year to build on that success and partner with the communities we all operate in. While we kicked around several really good, solid and fun ideas, we landed on a food pantry drive. For those unfamiliar with this process, there are several food banks in Ohio that buy food at discounted prices from big box stores and then in turn pass it along to local community based food pantries. According to the Mid- Ohio Food bank, which serves

southeast Ohio, they provide enough food to serve 140,000 meals a day! While that sounds like a lot…and it is, there are still families that are classified as “food insecure” meaning, they may not know where their next meal is coming from. Our members Amanda Finn with Ascent Resources, Tracy Stevens with Dominion Energy, Katharine Denby with Hilcorp Energy, and Sheri Cramblit with Williams all jumped in to help sponsor a local food pantry in their operating areas, respectively including locations in Jefferson, Belmont, Columbiana and Harrison Counties. Through directly shopping at a local grocery store to collecting items with fellow employees, we teamed up to gather more than $2,000 worth of nonperishable goods to donate to the Epworth Center in Bethesda, 2ndBaptist Church in East Liverpool, Cadiz Food Pantry and the Smithfield Friends Church. While we can each do a charitable event by ourselves, when we team up and work to-

gether, the giving goes further and the impact becomes greater. The Association is so thankful for the members who participated in this event and the other community based activities we pull together throughout the year, we could not do this without you and your giving hearts. Thank you.

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APRIL 2019


More Than $32 Billion

Being Invested in Appalachian Basin Pipelines proposed pipelines will add nearly 23 bcf/d of natural gas pipeline take-away capacity. That’s enough room to move nearly 72 percent of the natural gas produced in the region.

More than two dozen Federal Energy Regulatory Commission-regulated pipeline projects are feeding $32.6 billion in investments across the Appalachian Basin, according to a new report from Energy In Depth. This infusion of capital will result in roughly 3,500 miles of new, repurposed or replaced pipelines across Ohio, Pennsylvania and West Virginia and generate more than 124,000 jobs. Natural gas pipeline capacity will be significantly increased. The Appalachian Basin is projected to produce roughly 31.6 billion cubic feet per day (bcf/d) of natural gas in March, according to the Energy Informa-

In order to move the massive amounts of NGLs currently and projected to be produced regionally to new planned cracker facilities and regional market hubs, there are at least two pipeline systems in the works. tion Administration. The bulk of this extensive and much-needed regional infrastructure build-out is focused on expanding take-away capacity, enabling the Marcellus and Utica shale gas produced here to be used not only within the tri-state but across the country and even globally. EID’s new infographic shows construction of all APRIL 2019

Natural gas liquids pipelines are under construction. The Appalachian Basin is also quickly becoming the region to watch for increased production of natural gas liquids (NGLs), particularly when it comes to ethane – the “building block” of petrochemical feedstock and plastics manufacturing. As U.S. Energy Secretary Rick Perry recently explained, “Appalachia’s abundant resources coupled with Pipelines continued on page 12

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Pipelines continued from page 11

extensive downstream industrial activity may offer a competitive advantage that could enable it to displace marginal producers and help the U.S. gain global market share in the petrochemical industry.”

to New England also prove extremely costly to utility customers; residents pay 29 percent more than the national average while major providers are being forced to turn away potential customers. One such example is the Constitution Pipeline, which would bring much-needed Appalachian gas through New York. Three years ago, the New York State Department of Environmental Conservation (DEC) denied the pipeline a water quality certification, effectively halting construction on the project and prompting the company to file a petition with FERC. While FERC previously ruled in favor of DEC, it has now agreed to re-consider its decision in light of a U.S. Court of Appeals ruling on a similar, but unrelated hydropower case. If allowed to advance, the 124mile pipeline would carry 650 MMcf/d of Appalachian gas from Susquehanna County to New York, transporting enough natural gas to serve more than 3 million homes. As Secretary Perry said earlier this week,

“The sad thing is that not all Americans are getting to enjoy that because of some bone-headed political decisions that are made from time to time. In this case, New York, which won’t allow those pipelines to In order to move the massive amounts of NGLs transverse.” currently and projected to be produced regionally “These states that limit [energy infrato new planned cracker facilities and regional market hubs, there are at least two pipeline systems in structure] because of their political conthe works. These pipelines will have the capacity to cerns jeopardize their future of their citimove about 445,000 barrels of NGLs per day once zens, not just economically but literally, I complete, according to EID’s new infographic. will suggest, jeopardizing their lives.” (emphasis added) Conclusion: It’s clear that the shale revolution has been and will continue to provide a major economic driver for the Appalachian region. Industry investments will bring new jobs and economic opportunity to local communities and will help relieve energy constraints across the Northeast. “Keep It In the Ground” efforts to delay pipelines prove costly. Despite the benefits, activists are attempting to block pipeline development across the Northeast and beyond. A recent Global Energy Institute report revealed that the KIITG movement has cost the United States nearly $92 billion in GDP, $20.3 million in state and local tax revenue, and 728,079 jobs. Efforts to stymie infrastructure bringing natural gas 12 OhioGas&Oil

APRIL 2019


SUPREME COURT OF OHIO TAKES UP OIL AND GAS STATUTE OF LIMITATIONS QUESTION David J. Wigham | Attorney On September 26, In an action to declare that 2018, the Supreme an oil and gas lease has terCourt of Ohio acceptminated under its own terms for lack of production in payed an appeal from a ruling by the Fifth Dising quantities, the applicable trict Court of Appeals in a case statute of limitations is 21 known as Browne v. Artex Oil years, per Ohio Revised Code § 2305.04, and does not beCompany, 2018-Ohio-3746. In gin to run until a “justiciable Browne, the Fifth District applied controversy” arises. a 15-year statute of limitations to bar claims brought by a landowner in 2014 to terminate an oil The issue of whether a statute and gas lease due to lack of pro- of limitations applies to limit or duction between 1981 and 1999. bar landowner claims seeking to In the jurisdictional appeal, the terminate an oil and gas lease is Supreme Court of Ohio accepted one with which Ohio courts have struggled in recent years. For exone proposition of law:

ample, the Fourth District Court of Appeals applied Ohio’s 21-year statute of limitations applicable to real estate disputes in Rudolph v. Viking Int’l Res. Co., 2017-Ohio7369. The Seventh District, however, applied a 15-year statute of limitations applicable to contract disputes in Potts v. Unglaciated Indus. Inc., 2016-Ohio-8559 and Rickets v. Everflow E., Inc., 2016Ohio-4807. In Browne, the Fifth District followed suit and applied a 15-year statute of limitations to actions brought to declare an oil and gas lease terminated. ThereStatute continued on page 14

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Statute continued from page 13

fore, a conflict of law exists between the Fourth District, and the Fifth Districts. A second equally important issue to be decided by the Supreme Court is when the applicable statute of limitations will start running. In the Rudolph case, the Fourth District held that the statute of limitations does not begin to run until a controversy exists. However, in the Browne case, the Fifth District held that the statute runs from the last date of cessation of production. To understand the significance of this issue, it is important to explain what “paying quantities” is and why it matters under an oil and gas lease. In Ohio, most oil and gas leases contain a primary term and a secondary term. The primary term is a period of years within which the producer must commence drilling operations in search of oil and gas. If, after the end of the primary term, the conditions of the lease are not met, then the oil and gas lease automatically expires by its own terms. The secondary term of an oil and gas lease is indefinite and extends the lessee’s rights under the lease, typically “for so long as oil and gas are produced in paying quantities,” or words to that effect. In order for an oil and gas lease to extend beyond its primary term, the lessee must discover and produce oil and gas in paying quantities. In other words, there must be actual production that generates a profit over and above operating expenses attributable to the well or wells drilled under the lease. An oil and gas lease in its secondary term automatically expires on the day the well stops producing in paying quantities. Once a lease expires, ownership of the mineral rights reverts back to the landowner. This allows the landowner to enter into a new oil and gas lease. In certain areas of Ohio where the Utica shale formation is being developed, landowners who own their mineral rights 14 OhioGas&Oil

are able to lease those rights to a shale producer for lucrative signing bonuses and higher royalties. In recent years, there have been a flood of lawsuits filed mostly by landowners seeking to terminate oil and gas leases that are held by wells drilled decades ago, many of which are close to or at the end of their productive life. In some cases, there are gaps in production that are decades old. In response to many landowner lawsuits, producers are asserting various statute of limitation defenses and seeking to bar or limit a landowner’s ability to terminate an oil and gas lease, based on the passage of time between when the well stopped producing and when the landowner filed suit. In Browne, the landowner is taking the position that a longer 21-year statute of limitations applicable to real estate disputes should apply, and that this statute should not begin to run until the parties are aware that there is an actual controversy over ownership of the land. This argument is rooted in the concept that oil and gas leases are based on property law and when a lease is signed, ownership of the mineral rights are transferred to the lessee. Thus, when an oil and gas lease expires due to lack of production, ownership of the minerals are automatically reverted to the landowner. Continuing along this argument, the landowner in Browne argues that the statute should not begin to run until the parties are aware that there is a dispute, since reversion of the ownership of the minerals is automatic and the landowner could have owned the minerals for decades. Applying a statute of limitations to bar a landowner from filing suit to protect their own property interests would essentially “divest” the landowner of the mineral interests that would have already reverted to and been owned by the landowner for years. Conversely, Artex urges the Court to adopt a shorter 15-year

statute of limitations that begins to run on the last date when the well holding the lease stopped producing. Artex argues that lease termination disputes are inherently contractual in nature, and there are more than property rights at issue. Specifically, the lessee stands to lose its financial investment in the lease in addition to owernship of the mineral rights. Also, lease termination disputes are often intensely factual because the profitability of the well is at issue, and the dispute, could turn on the terms of a written contract. Finally, Artex argues that this limitations period should begin to run from the occurrence of the event that leads to the lease termination. Oral arguments before the Supreme Court in Browne are set for June 11, 2019, and the Court will likely issue its decision in late 2019 or early 2020. The recent litigation over statute of limitations issues in the context of oil and gas leases highlights the importance of diligence when analyzing ownership of mineral rights in the context of the validity of oil and gas leases. Landowners, who would otherwise be entitled to recover, protect, and lease their mineral rights, may be barred from challenging what would be an expired oil and gas lease. It is vital that landowners and mineral owners seek counsel from an experienced oil and gas attorney to advise them as to their rights under an existing oil and gas lease and to carefully review any oil and gas lease or related document before signing. David J. Wigham is a secondgeneration Ohio oil and gas attorney with more than 26 years of experience. He practices at the law firm of Roetzel & Andress and maintains offices in Akron and Wooster, Ohio. He can be reached at 330-762-7969, or dwigham@ralaw.com.

APRIL 2019


Study:

Drilling could stifle other business in Marcellus region SHANE HOOVER | GateHouse Ohio The Appalachian shale boom might be crowding out other types of economic development in drilling counties, according to a recent study co-authored by a University of Akron professor. The paper in the Journal of Resources Policy was written by Amanda Weinstein of the University of Akron and Mark D. Partridge and Alexandra Tsvetkova of Ohio State University. The authors looked at earnings in oil and gas extraction and mining support activities in four regions comprising 26 states between 2001 and 2013. Growth in the oil and gas sector generally boosted earnings and employment in drilling counties. In nonmetro counties, every additional dollar earned in oil and gas boosted earnings in other industries by 30 cents. Metro counties saw a bump of 10 cents per dollar. The study didn’t consider the impact of oil and gas royalty or lease payments, and noted that the quality of data might be lower in counties where the oil and gas sector was small.

ers come from a neighboring county or a neighboring state and they come, do the work but then take those earnings back to wherever they live,” Weinstein said. That can mean less money in the drilling county for industry-related costs, such as roads or expanded emergency services. Even when workers live in the county where they drill, they can’t spend all of their money there. “There are only so many places where you can spend your money in Belmont County, Ohio, for example, and if you want to buy a new car, if you want to go to a casino, whatever it is, you go to a different county,” Weinstein said. Oil and gas development in the Marcellus region also came at the cost of other economic activity. For exDrilling continued on page 18

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Encino Energy

Shooting for Stability in Ohio SHANE HOOVER | GateHouse Ohio In an industry known for boom-and-bust cycles, Encino Energy plans to follow a strategy of stable development in Ohio’s Utica Shale, President and CEO Hardy Murchison said Friday. Encino Energy is a partner in Encino Acquisitions Partners, which bought Chesapeake Energy’s assets in Ohio last year for $2 billion, including an office building office in Louisville, drilling rights to 900,000 acres and more than 900 wells. But where Chesapeake spent freely to explore new areas —and piled up debt — Texas-based Encino Energy has focused on proven reserves and a healthier balance sheet. “All of that is part of a longer-term strategy to run this as a normal business that needs to be profitable, less volatile and therefore better for its shareholders, its employees and the community,” Murchison told The Canton Repository after he and other members of Encino’s team spoke to the Stark Economic Development Board at Kent State University at Stark. On Thursday, March 7 Murchison and chief operations officer Ray N. Walker Jr. met with Gov. Mike DeWine and other state leaders, and spoke at the Ohio Oil & Gas Association’s annual meeting. Encino Energy’s partner in Encino Acquisitions Partners is the Canada Pension Plan Investment Board. The pension plan, one of the largest in the world, owns 98 percent of the partnership and Encino Energy operates the assets from its Houston headquarters. When Encino formed in 2011, shale drilling in the United States was booming, and that made it a bad time to buy assets, Murchison said. When the industry slumped in 2015, Encino decided to makes its move. In 2017, the company brought on the pension plan, which put $1 billion into the partnership and is looking to invest more. Murchison said Encino looked for the best asset available in the United States, and found a willing seller in Chesapeake, which had run out of capital. He said the company would probably never reach Chesapeake’s frenetic pace. “When Aubrey McClendon ran Chesapeake, he was truly a visionary,” Murchison said. “He saw the huge opportunity that was coming in the shale plays and he was determined to capture all of it and there wasn’t enough capital available in the world to enable that, but he tried to do it anyway.” Two-thirds of Encino’s workforce is in Louisville. The company kept Chesapeake’s 110 employees in the Utica region, has hired 15 to 20 more workers and is look16 OhioGas&Oil

ing for more. “The team’s coming together really well,” Murchison said. Encino is running two drilling rigs and plans to drill 40 new Utica wells this year, and maintain that pace for the foreseeable future, Murchison said. The crews are concentrating on Columbiana, Harrison and Jefferson counties. Part of that is because of the drilling schedule Encino inherited from Chesapeake; the area also happens to be the most productive to target, said Walker, Encino’s chief operations officer. So far, wells are performing 20 to 40 percent better than expected, and Encino’s drillers have set state records for lateral length drilled in 24-hour period on a Utica well. “We see a lot of upside here,” Walker said. “I think we’re going to be able to grow the asset and create those generational jobs that everybody looks for.” And EAP is looking to buy more assets. “As we like to say, the business that we’re running is Encino Acquisition Partners, so acquisition is literally our middle name,” Murchison said.

Hardy Murchison, president & CEO of Encino Energy and University of Texas alumni made the Longhorn sign as he was interviewed by Ray Hexamer at the Stark Economic Development Board meeting held Friday morning at Kent State University Stark Campus. (CantonRep.com / Michael Balash)

APRIL 2019


Gulfport Energy Fund

Opens First Grant Round of 2019

Grant Round Will Support Education Projects in Belmont, Guernsey, Harrison, Jefferson, Monroe, and Noble Counties The Gulfport Energy Fund at the Foundation for Appalachian Ohio (FAO) is pleased to announce its first 2019 grant round is now open. Applications are now available and will close on Tuesday, April 16, 2019. This year’s first grant round will support organizations and projects focused on education. Nonprofit and public organizations in Belmont, Guernsey, Harrison, Jefferson, Monroe, and Noble counties are eligible to apply. Applications are available on FAO’s website at www. AppalachianOhio.org/Gulfport. “Gulfport is pleased to once again support projects that work to enhance education in the region,” said Courtney Dickens, External Relations Coordinator at Gulfport Energy. “At Gulfport, we are always seeking ways to improve the communities around us and to create opportunities for the youth that will give us a brighter tomorrow.” The Gulfport Energy Fund at FAO was created to

support nonprofits, schools, and communities in projects that increase quality of life, create access to opportunities, or identify and implement a solution for a community need in the counties where Gulfport Energy operates. The year’s second grant round, slated to open August 13, 2019, will focus on projects relating to health and human resources and environmental stewardship. Please sign up for the Foundation’s e-newsletter on our website at www.AppalachianOhio.org for the latest news on when grant opportunities become available. For more information about the Gulfport Energy Fund, please visit www.AppalachianOhio.org/Gulfport or call 740.753.1111. About Gulfport Energy: Gulfport Energy Corporation is an Oklahoma Citybased independent oil and natural gas exploration and production company with its principal producing

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Drilling continued from page 15

ample, some workers opt for well-paying oil and gas jobs instead of starting their own businesses, Weinstein said. Invest in communities She said communities shouldn’t rely too much on energy as an economic engine, and should invest in things like schools, broadband, small businesses and infrastructure to diversify their economies. “Our argument would be, at least initially, don’t resist it, let this new economic activity come in but realize that it may not be forever,” she said. Mike Chadsey, a spokesman for the Ohio Oil and Gas Association, criticized the report as an example of academics not understanding the industry. He noted that in Ohio, the average wage for core shale-related jobs is $93,448 and $68,577 for ancillary industries, while the average wage across all Ohio industries is $49,795. “From their lofty heights it’s all about economic modeling and estimates, while to the good folks working day and night to provide the energy that keeps our economy moving, it’s about dance lessons and ball gloves,” Chadsey said. “These opportunities are more than just a wage, it’s an opportunity to provide for their family and their communities.”

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OHIO WELL ACTIVITY by the numbers

UTICA SHALE

MARCELLUS SHALE 23 9 9 22

63

Wells Permitted Wells Drilling Wells Drilled Not Drilled Wells Producing Inactive Plugged Total Horizontal Permits

Data as of 3/9/19

485 137 268 2141

3031

Wells Permitted Wells Drilling Wells Drilled Not Drilled Wells Producing Inactive Plugged Total Horizontal Permits

Source: Ohio Department of Natural Resources

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TOP COUNTIES WITH HORIZONTAL DRILLING ACTIVITY BY NUMBER OF SITES

1. Belmont County........ 629 2. Carroll County......... 526 3. Monroe County.........478 4. Harrison County....... 459 5. Guernsey County...... 264 6. Noble County.......... 223 7. Jefferson County....... 220 8. Columbiana County...159 9. Mahoning County....... 30 10. Washington County... 22 11. Tuscarawas County.... 20 12. Portage County........ 15 Trumbull County........ 15 13. Stark County............ 13 14. Coshocton County....... 5 15. Morgan County.......... 3 Muskingum County...... 3 Holmes County........... 3 16. Knox County.............. 2 17. Ashland County.......... 1 Astabula County......... 1 Geauga County.......... 1 Medina County........... 1 Wayne County............ 1 I VARIOUS SSTAGES: PERMITTED DRILLING, ,D WELL SITESS IN PLETED PRODUCING, PRODUCINGPLUGGED, PLUGGED DRILLED, COMPLETED, SOURCE: OHIO DEPARTMENT OF NATURAL RESOURCES AS OF D L A 3/9/19

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