September 2019
A Free Monthly Publication
SHALE INSIGHTTM 2019 CONFERENCE RETURNS TO PITTSBURGH
ENCINO ENERGY
WELL PADS FEATURED AT OHIO STATE FAIR IN THIS ISSUE: FOCUS! – GUEST EDITORIAL
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SEPTEMBER 2019
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Table of Contents SEPTEMBER 2019
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A Look Ahead Gas & Oil Events
G ROUP PUBLISHER
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SHALE INSIGHT TM 2019
Bill Albrecht
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Encino Energy Well Pads Featured at Ohio State Fair
EXECUTIVE EDITOR
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Focus! - Guest Editorial
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Columbus-Pittsburgh Corridor
Beth Bailey bbailey@daily-jeff.com
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Ascent Resources Welcomes Back Students
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5 Key Facts on WSJ’s Inaccurate Portrayal of U.S. Oil & Natural Gas Methane Emissions
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Ohio Appellate Court Ruling Highlights Interplay Between Oil and Gas Leases and Ohio’s Unitization Statute
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National Association of Royalty Owners Launching Ohio Chapter
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OOGA Member Spotlight: William Murray, American Refining Group
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Ohio Well Activity
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Horizontal Drilling Activity Graph
On The Cover:
“Ohio Gas & Oil” is a monthly publication. Copyright 2018.
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Ohio Oil and Gas Association co-hosts SHALE INSIGHT with our partners at the Marcellus Shale Coalition and the West Virginia Oil and Natural Gas Association. Together, we must treat these challenges as opportunities to showcase the positive impacts and contributions we make to our economy and to our communities.
SEPTEMBER 2019 ADVER TISING Paul Reynolds Cambridge, Ohio Office preynolds@gatehousemedia.com 740-439-3531 Aaron Bass Wooster & Holmes, and Ashland, Ohio Offices abass@gatehousemedia.com 330-264-1125 419-281-0581 Mindy Cannon Alliance & Minerva, Ohio Offices mcannon@the-review.com 330-821-1200 Jim Williams Kent, Ohio Office jim.williams@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 spectrum@the-daily-record.com. SEPTEMBER 2019
A Look Ahead
Gas & Oil Events SEPTEMBER 5 & 7, 2019 OOGEEP “ROCK’N IN OHIO” SHOW AT BELMONT COUNTY FAIR!
Thursday, September 5, 2019 Time:11:00 a.m. Location: Belmont County Fair 45420 Roscoe Road, St. Clairsville, OH 43950 Robinson Stage
AT WAYNE COUNTY FAIR!
Saturday, September 7, 2019 Time: 2:00 p.m. Location: Wayne County Fair 199 Vanover Street, Wooster, OH 44691 Rock’N in Ohio is a unique one-hour interactive educational program that celebrates our great state, local counties and Ohio’s natural gas and crude oil industry. The Ohio Oil and Gas Energy Education Program (OOGEEP) and The Real Popfusion have partnered to deliver a prizepacked-music-fueled-family-game show experience at county fairs this year. The free program includes family games, challenges and trivia set to popular music. Topics such as formation, products, natural gas and crude oil careers and being Ohio energy proud makes this a cannot miss show for the whole family.
SEPTEMBER 9, 2019 OHIO GEOLOGICAL SOCIETY GOLF OUTING
Chapel Hill Golf Course 7516 Johnstown Rd Mt Vernon, Ohio 43050 The Ohio Geological Society golf outing is an annual event held in the fall at Chapel Hill Golf Course as an opportunity for our members to network with industry sponsors and
to raise money for our scholarship fund. Tickets are purchased by attendees; sponsors subsidize food, drinks and prizes. www.ohiogeosoc.org
SEPTEMBER 24, 2019 37TH ANNUAL ROLLIN MCCLELLAND MEMORIAL GOLF OUTING
Wilkshire Golf Course Bolivar, Ohio. The Ohio Section of SPE cordially invites you and your guests to attend the 37th Annual Rollin McClelland Memorial Golf Outing to be held on Tuesday, September 24th at the Wilkshire Golf Course in Bolivar, Ohio. The cost of the outing will be $75.00 per golfer which includes greens fees, cart, refreshments, lunch and dinner. This year’s event will be a SCRAMBLE Contest!!! Shotgun start at 11:00 am and dinner will be served immediately following golf. Please be at the course by 10:30 am! Reservations are First come-First served and they are LIMITED! so make yours as soon as possible…
SEPTEMBER 26, 2019 SOOGA ANNUAL TRADE SHOW
lege Oil and Gas Technical Exhibition taking place in the Dyson Baudo Recreation Center at Marietta College. Last year’s event brought in more than 500 people and over 60 companies! Each year it has continued to grow, making this event the “one of Ohio’s most successful oil and gas events to date”. This event is entirely student-led allowing for student organizations to use the proceeds to supplement the classroom with new technology, training, and advanced courses in petroleum engineering. Marietta College is looking to bring operators, service companies, vendors, and other industry professionals to Marietta College allowing people to learn about our industry. This is a great networking experience where ideas can be shared about new advances in technology, upcoming work in our area, topics of debate in the industry and more! MCOGTE has allowed for many petroleum engineering alumni to also come together and reconnect after being distanced from their colleagues.
OCTOBER 6 -7, 2019 OOGEEP RESPONDING TO OILFIELD EMERGENCIES TRAINING
TRAINING LOCATION: Wayne County Fire & Rescue Regional Training Facility 2311 South Millborne Road, Apple Creek, OH 44606 HOTEL LOCATION Hilton Garden Inn 959 Dover Road, Wooster, Ohio 44691 While responding to oilfield emerMARIETTA COLLEGE OIL & GAS gencies is rare, it can be challengTECHNICAL EXHIBITION 2019 ing. Join more than 1,500 Ohio fire7:00 AM – 4:00 PM fighters (and departments from 7 Marietta College Dyson Baudo other states) that have taken this Recreation Center 215 5th Street, Marietta, OH, 45750 training to learn common practices, This is the third annual Marietta Col- references and standards used by ESB Building, Broughton Nature & Wildlife Area – Marietta, OH The morning sessions will include training and safety seminars. The afternoon will consists of SOOGA updates and Industry Presentations.
SEPTEMBER 27, 2019
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the fire service and the natural gas and oil industry. The training program incorporates the following three (3) sections: 1) Interactive classroom presentations and special activities. 2) Hands-on fire behavior labs. 3) Opportunity to participate in a unique oilfield tour. (This will be coordinated on a separate date.) This emergency response program provides insight into how natural gas and oil is explored, drilled, produced and transported, and the importance of establishing a unified command in the event of an emergency. Upon completion of the training, each participant will receive a certificate of attendance, an “Oilfield Emergency Response Training” patch, challenge coin, class photo, field guide, Class B Foam and many other materials. (Reciprocating patches and challenge coins are greatly appreciated). Participants will also receive documentation for up to 12 CEU contact credit hours. These CEU credits must be approved by each department’s Fire Chief in accordance with State Fire Training regulations.
OCTOBER 15-17, 2019 2019 SPE EASTERN REGIONAL MEETING Embassy Suites, Charleston, West Virginia Don’t miss your chance to share your business lines with regional operators from the basin and beyond. Over 200 industry professionals from the region are anticipated to join, including sponsoring operators such as Antero Resources, Range Resources, TC Energy, Northeast Natural Energy, CNX, Greylock Energy, NYTIS, and many more. Exhibit hall will be held in the Grand Ballroom which will also house all happy hour and coffee break activities, technical program’s poster session, and Tuesday night ice-
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breaker to increase exposure to exhibitors and their booths. Additional exhibitor information and forms can be found on the event website: WWW.SPEEASTERNREGIONAL.ORG/EXHIBITORS Registration: Registration for the event is now open! Early registration, student and membership discounts are all available, so visit the event website for more information and to sign up for the meeting. Hotel booking information is also available at the host venue at a discounted rate and can also be accessed through the website, but rooms are limited, so register and reserve your room today to make sure you don’t miss out! HTTPS://WWW.SPEEASTERNREGIONAL.ORG/REGISTRATION HTTPS://WWW.SPEEASTERNREGIONAL.ORG/HOTEL Sponsorship information and forms can be found on the event website: HTTPS://WWW.SPEEASTERNREGIONAL.ORG/SPONSORSHIPS More Information: WWW.SPEEASTERNREGIONAL. ORGcom
supply chain, innovative products and services, networking lounges and programming activities integrated into one convention floor space. Learn from thought leaders and working professionals during two days of technical and public affairs sessions and national keynote addresses while earning Professional Development and Continuing Legal Education credits for Pennsylvania, Ohio and West Virginia to advance your career. shaleinsight.com
MARCH 4-6, 2020
OHIO OIL AND GAS ASSOCIATION’S 2020 ANNUAL MEETING Hilton Columbus at Easton 3900 Chagrin Dr Columbus, Ohio 43219 More info to come.
OCTOBER 22-24, 2019 SHALE INSIGHT: 2019 A SHALE COALITION CONFERENCE David L. Lawrence Convention Center 1000 Fort Duquesne Blvd. Pittsburgh, Pennsylvania 15222 Don’t miss out on a front row seat at the leading conference on American shale energy, industries and jobs! Network and exhibit with the nation’s foremost energy leaders and experts on shale development, environmental protection, pipeline investment, energy driven manufacturing and jobs in demand. Engage in a dynamic exhibit hall featuring major shale players and
SEPTEMBER 2019
SHALE INSIGHT
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2019
One of the Nation’s Leading Conferences on Shale Energy Development. BRAD MILLER | Director of Membership, Ohio Oil and Gas Association Now, more than ever, we as an industry need to be united. We face increasing well financed opposition from various anti-development groups on every project that is proposed. We face mounting pressure to drill better and more productive wells. Every day there is a new elected official or regulator or member of the press who needs to be educated on who we are and what we do. That is why the Ohio Oil and Gas Association cohosts SHALE INSIGHT with our partners at the Marcellus Shale Coalition and the West Virginia Oil and Natural Gas Association. Together, we must treat these challenges as opportunities to showcase the positive impacts and contributions we make to our economy and to our communities.
The leading conference on American shale energy, industries and jobs.
The challenges we face in Ohio are often not unique to us but are shared by our friends across the Ohio River. We are best served to work on those issues together and share our experiences with each other. There is no better place to do that than at SHALE INSIGHT. SHALE INSIGHTTM 2019 will focus discussions on the current state of the upstream industry and how to connect Appalachian production to critical markets. The conference will offer attendees an extensive networking opportunity and the chance to attend informative keynote presentations and interactive breakout sessions. “It is critical to our members that we provide them ongoing opportunities to engage with each other and their trade associations,” said Matthew Hammond, OOGA executive vice president. “Coming together at events like this gives us all an opportunity to learn, develop and share best practices that we can apply basin-wide.” As in previous years, the technology showcase will display cutting edge technologies that can create value and reduce costs for companies operating in the Appalachian region. The conference will also feature a university research showcase, where students and faculty will present groundbreaking studies, projects, and research to some of the nation’s most influential leaders and innovators in shale development. Become a sponsor, host an exhibit, or register for the conference by visiting shaleinsight.com.
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Encino Energy
Well Pads Featured at Ohio State Fair Reprinted with permission from OOGEEP. Encino Energy hosted the Ohio Department of Natural Resources (ODNR) on several well pad tours where the state regulatory agency used cutting-edge technology to film video footage for their virtual reality 360 tour at the Ohio State Fair. The virtual reality well pad tour will give fairgoers an opportunity to see an active well pad where drilling, completions (hydraulic fracturing), and production of oil and natural is occurring in Ohio. “This interactive experience is a great way to see first-hand our operations out in the field, “said Jackie Stewart, External Affairs Director at Encino Energy. “We encourage everyone to get out to the Ohio State Fair this year and visit the Division of Oil and Gas Resources Management building at the Natural Resources Park and participate in this virtual reality tour of
Connolly, Hillyer, & Ong, Inc.
Encino Energy’s well pads.” The well pad featured in the virtual reality 360 tours are all located in Harrison County and represent over $100 million of new investment by Encino. In addition, each of these locations embody hundreds of direct and indirect jobs required to bring oil and natural gas into production. This is the first year ODNR has featured the virtual reality tours at the Ohio State Fair. Fairgoers can take the tour at the mill building located within the Natural Resources Park at the fair. “We wanted to give fairgoers an opportunity to experience an important industry that many Ohioans don’t get to see for themselves and this virtual reality tour is the perfect way to do that,” said Rick Simmers, Chief of the ODNR Division of Oil and Gas Resources Management. “It’s also a great way for people to learn about the great work we do every day.” The tours also provide a look at the extensive safety and environmental measures taken by Encino to comply with state and federal regulations—often going above and beyond regulatory requirements. “There’s no question that shale development has been a win for Ohio’s environment and economy. Over $74 billion from the oil and natural gas industry in less than ten years, which also led to our state leading the country in carbon emission reductions,” remarked Stewart. “Clean, abundant and reliable natural gas is transforming Ohio’s economy and here at Encino, we’re excited to be playing a role in it. We appreciate the opportunity to educate the public, through ODNR’s virtual tour and share with fairgoers this important sector of Ohio’s economy.”
Attorneys and Counselors at Law Since 1964
Brad L. Hillyer • James J. Ong Brett H. Hillyer 201 N. Main St., P.O. Box 272 • Uhrichsville, Ohio 44683
(740) 922-4161 • (740) 922-2229 Fax
139 E. Main St., P.O. Box 71 • Newcomerstown, Ohio 43832 CJ-10678022
(740) 498-5196 • (740) 498-5197 Fax hillyerlaw@hillyerlawoffice.com
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SEPTEMBER 2019
Focus! Guest Editorial
GREG KOZERA | Shale Crescent USA I will never forget what my drivers’ education instructor told us in high school. “If you ever have to leave the roadway, never focus on the tree or utility pole you want to miss. You will surely hit it. Focus on the open space between them.” This has proved to be good advice for me. We get what we focus on good or bad. When we were getting started at Shale Crescent USA we knew our target market was the 100 largest energy users in the world. Occasionally we would get off track. Mr. K from our Executive Committee would tell us, “I believe we are chasing bright shiny objects.” We knew he was right and we would refocus to get back on track. Willey Jolley, Hall of Fame Speaker, author, entertainer and my friend says, “Success isn’t about hocus-pocus it is about focus-focus.” The human mind can hold only one thought at a time. I encourage you to keep yours positive. The late Earl Nightingale, radio host, speaker and author said, “The greatest secret is…We become what we think about.” If we try to have a phone conversation and type a report
SEPTEMBER 2019
at the same time both will probably suffer. I can’t watch the Mountaineers play and really listen to my wife at the same time. When we focus on our phone we can’t be attentive to those around us. However, I was always amazed when my wife had the craft group at our house. I would come home for lunch and 6 women were all talking and working on crafts at the same time. When a child cried somehow the mother would hear, know it was hers above all the commotion and go to comfort it. That must be a maternal thing. It is not the norm. As a coach, I always tell my players to keep their focus on the game and their actions. If they allow their opponent’s actions or an official’s call to distract them they won’t play very well. I do my best work and writing early in the morning or late at night when I can focus. I can get more accomplished. I avoid TV and other distractions during this time. I never check my email or messages if I am on an important task. It can wait until break. The work that Shale Crescent USA is doing is non-parFocus continued on page 8
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tisan. Bringing in high wage jobs that raise people’s standard of living and allow young people to stay in the Region if they choose is non- partisan. So is giving people hope, improving the environment and making our Region more prosperous. Hope is one of our best weapons in the war on drugs. There is a lot we can do and are doing without the help of Washington, DC. However, national security and infrastructure are two things we can’t do on our own. As the Ohio Valley expands an alternative to the current Route 2 and Route 7 (like an expanded I-68) and the regional storage hub are just two of a number of essential projects. Unfortunately, as we saw this week, the focus in Washington is on investigations not infrastructure. I know this frustrates our own elected representatives who understand our needs and those of our country. Isn’t it time for Washington to move on and start doing the work of the people? We need infrastructure. We have problems at our southern border. We have an opioid crisis. We still have countries and terror groups that want to kill our people. Those are problems we can’t solve locally. This week’s media circus didn’t move our economy forward. It played into the hands of our enemies and actually helped Russia and other nations we compete with by keeping our country divided and distracted. Washington isn’t focused on infrastructure, trade and all the other things we the people all know we need handled. Maybe it is time to investigate the investigators since they don’t get it. Should we remain silent? One thing we can control is our own thoughts and actions. What do you focus on in your business? What do you focus on in your life? Are you focused on what is really important or are you chasing bright shiny objects? Since our mind can only hold one thought at a time is yours positive? Is your phone or email distracting you from those you love and making you less productive. I saw a lot of anger on TV this week. That is a luxury we don’t have. Anger distracts us from going after our dreams. It pushes positive thoughts out of our minds. People do and say some really stupid things they later regret when they are angry. A good habit is to never send an email or electronic message when angry. Let it go. Smile it off. You are better than that. Don’t let others control you and drag you down. “Success isn’t about hocus-pocus it is about focus-focus.” Stay focused on your dream and the life you want to live. Keep your thoughts positive. Smile. Don’t let the small and unimportant distract you. Maybe we can teach Washington a few things. Thoughts to ponder. © 2019 Shale Crescent USA Greg Kozera, gkozera@shalecrescentusa.com is the Director of Marketing and Sales for Shale Crescent USA. He is a professional engineer with a Masters in Environmental Engineering who has over 40 years’ experience in the energy industry. Greg is a leadership expert and the author of four books and numerous published articles.
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Columbus-Pittsburgh Corridor The Columbus-Pittsburgh Corridor Association (CPCA) took its show on the road recently, traveling to Washington, D.C. in an effort to seek federal support for its vision. The vision involves completing a 160-mile four-lane highway between Columbus and Pittsburgh. Fortyseven miles or 30 percent of the roadway remain to be finished. CPCA believes those 47 miles will have a positive economic impact on six counties in Ohio. “Our goal at this point is securing financial support for a new feasibility study that would re-evaluate the economic impact in the area and what it would take to compete the project,” said Ed Looman, Eastern Ohio project manager for APEG and chairman of the association. “We are seeking support from all levels of government along the corridor path and funding to commission the report.” In 2011, a study by the Ohio Department of Transportation said completion of the corridor would only create 55 new jobs. However, the corridor association said more than $5 billion in private investment has led to more than 9,500 jobs being created in the region in the past seven years due as a result of the oil and gas boom and other companies expanding. “The message we took to Washington was simple— finish what you’ve started,” said Nick Homrighausen, economic development director in Harrison County and vice chairman of the association. “We discussed the economic success eastern Ohio has achieved in recent years and the continued growth we are forecasting for the future. “Overall, the trip was very positive. We had a great meeting with the U.S. Department of Energy and that office is willing to help us moving forward. We also received positive feedback from elected Ohio officials.” Homrighausen was joined on the trip by Evan Scurti, executive director of the Jefferson County Port Authority, Tiffany Swigert, executive director of the Coshocton Port Authority and Jeannette Wierzbicki, executive director of the Ohio Mid-Eastern Governments Association and the CPCA secretary/treasurer. “Good, quality infrastructure helps to drive economic growth and development,” Wierzbicki said. “This project will transform our region, spur economic opportunities and help Appalachia reach parity with the rest of the state and nation. We will absolutely be a driving force in our nation’s economy.”
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The association believes the roadway would provide a commerce corridor for freight transport with rail and river access that is a priority for the oil and gas industry and manufacturers. In addition, the corridor will help boost tourism and support a pipeline of workers to growing businesses in the region. The corridor starts at I-270/SR 161 on the northeast side of Columbus, follows SR 161/SR 16 through New Albany and Newark to Coshocton, continues on US 36 from Coshocton to Dennison, along US 250 to US 22 at Cadiz, and continues along US 22 to Pittsburgh. Only 30 percent of the corridor is left to complete-this includes improvements on 3.6 miles in Muskingum County, 7.6 miles in Coshocton County, 15.3 miles in Tuscarawas County, and 20.6 miles in Harrison County. “We’re seeking assistance at the federal and state levels to help us unlock the full potential of Eastern Ohio,” said Homrighausen. “Our region is becoming the second petrochemical hub in the country and has seem remarkable growth in manufacturing along with logistics and distribution. “The missing link to our continued growth is this corridor. That was the key point we left behind in Washington.” The association last met on Aug. 27 at 10 a.m. on the campus of the Central Ohio Technical College in Coshocton.
Photo left to right: Harrison County CIC Director Nick Homrighausen, Jefferson County Port Authority Director Evan Scurti, Coshocton County Port Authority Director Tiffany Swigert, Ohio Mid-Eastern Governments Association (OMEGA) Executive Director Jeannette Wierzbicki.
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Ascent Resources
Welcomes Back Students at Brook Intermediate with Surprise School Supplies MIKE CHADSEY | Director of Public Relations, Ohio Oil and Gas Association
With the new school year getting underway, the team at Ascent Resources wanted to continue their support of the Rolling Hills School District by providing all 348 students at Brook Intermediate with a bag full of their needed school supplies for the entire year. Included items were notebooks, pencils, pencil cases, folders, and ear buds. In past years, Ascent Resources had adopted a single classroom and provided them with their needed items; this year they partnered with the school administration and staff to adopt the entire building. “Our office is just around the corner from the Rolling Hills Local School District’s office, who we have a great working relationship with. We love supporting what they are doing there every day for local students, so we reached out and wanted to make sure all the students and families at Brook Intermediate started the year off right with everything they will need when they are in their classrooms” said Amanda Finn with Ascent Resources. The supplies were packed into bags and delivered the day of the student origination by the Ascent Resources’ crew. Just before the doors opened to start the event, parents began to line up patiently while their children, still full of summer time excitement, waited perhaps a little less patiently with them to find out what was in store for them in their classrooms. “A big shout out to the team at Ascent Resources for being such a fun and key part of the new school year for the students and staff at Brook, it was fun to be at the school that night and meet some parents and kids. Thanks to Amanda and her team for being such an active part of their community”, said Mike Chadsey with the Ohio Oil and Gas Association.
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The mission statement of the Rolling Hills School District that serves almost 1,700 students in Guernsey County is “is to be an inviting educational center providing excellent opportunities for all students based upon high expectations in academics, technology, and social development through a strong partnership with the community”. In order to have a strong partnership with the community, they must have community members who agree with their objectives and are willing to support their staff and students on those objectives, and Ascent Resources continues to strive to be one of those community partners.
SEPTEMBER 2019
5 Key Facts on
WSJ’s Inaccurate Portrayal of U.S. Oil & Natural Gas Methane Emissions Engery In Depth A recent Wall Street Journal article packed with scary imagery around methane emissions from the U.S. oil and natural gas industry relied on misleading data and biased sources to highlight an issue producers have well in hand. While the piece highlights some important, voluntary industry initiatives underway to further reduce emissions the result is an incomplete portrayal of emissions that the industry has demonstrably reduced despite rising production across the country. Here are five key facts that provide needed context to the article: Fact #1: Oil and natural gas systems are not the leading U.S. methane emissions sources. The U.S. Environmental Protection Agency reported total U.S. methane emissions of 656.3 million metric tons of CO2 equivalent (Mmt CO2e) in 2017, according to its most recent Greenhouse Gas Inventory (GHGI).
Fact #2: Methane emissions are declining in the top U.S. shale basins. Methane emissions from U.S. oil and natural gas systems have declined 12 percent since 2005 and 14 percent since 1990, according to GHGI data, while production has skyrocketed.
The WSJ article includes a chart of various sources by percentage of total U.S. methane emissions. Not only did the author cite a higher total emissions figure, but in an article focused on oil and natural gas, it combined all energy sources into one category, which is misleading. Realistically, oil (petroleum) and natural gas systems represented about 31 percent of total U.S. methane Reducing methane emissions is a top priority in the emissions in 2017, below the combined share of agri- oil and natural gas industry, and voluntary efforts are cultural sources. 5 Key Facts continued from page 12 SEPTEMBER 2019
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having significant results. For instance, 65 of the country’s leading energy companies recently reported that inspections of their operations determined only 0.16 percent of potential leak sources required repairs. That indicates a leakage rate much lower than previous EPA estimates. More importantly, participating companies fixed 99 percent of identified leaks within 60 days of detection. A recent EID analysis of EPA and U.S. Energy Information Administration data found that both methane emissions and intensity – emissions per unit of production – have declined in the top U.S. shale basins.
that estimated methane emissions in 2015 to be 60 percent higher than EPA estimates to bolster the argument that these leaks are happening at a greater rate and “threaten to derail the dominance of gas in the new energy world order.” Fact #3: Methane leakage rates are far below the threshold for natural gas to maintain its climate benefits. Even if the emissions study cited by WSJ is accurate in its claims that methane leakage rates are at 2.3 percent, these rates are far below the threshold for natural gas to achieve its climate benefits. In fact, the same organization that wrote that study also claims that natural gas maintains these benefits as long as rates stay below 3.2 percent. Other studies have placed that bar far higher. A 2015 Carnegie Mellon University study found that over the entire lifecycle of liquefied natural gas – from production to consumption – as long as the methane leakage rate stays below roughly 9 percent when used for electricity and 5 percent for heating, LNG will maintain its climate benefits over traditional fuel sources. Similarly, a 2019 study published in Nature determined: “We found that the coal-to-gas shift is consistent with climate stabilization objectives for the next 50-
In the Permian Basin – the top producing oilfield in the world – annual methane emissions from production fell from 4.8 million metric tons (MMT) to 4.6 MMT from 2011 to 2017. Simultaneously, combined oil and natural gas production increased from 638.9 million barrels of oil equivalent (Boe) to 1.4 billion Boe. The result was a 57 percent reduction in methane emissions per unit of oil and gas produced. Likewise, in the Appalachian Basin – the third highest natural gas producing region in the world – combined oil and natural gas production grew from 322 million Boe to 1.5 billion Boe from 2011 to 2017. At the same time, methane emissions from production in the basin fell from 5.3 MMT to 4.7 MMT, resulting in an emissions intensity reduction of 82 percent. This context was absent from the WSJ article. Nor was there any mention of a National Oceanic and Atmospheric Administration study this year that found statistically insignificant trends for increased oil and natural gas methane emissions. Further, the NOAA study determined that after analyzing a decadesworth of data: “Recent studies showing increases of methane emissions from oil and gas production have overestimated their volume by as much as 10 times.” Instead, the reporter relied on a flawed 2018 study 12 OhioGas&Oil
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SEPTEMBER 2019
Ohio Appellate Court Ruling Highlights
Interplay Between Oil and Gas Leases and Ohio’s Unitization Statute David J. Wigham | Attorney On June 19, 2019, the In Paczewski v. Antero Resources Ohio Court of Appeals Corp., 2019-Ohio-2621, the court for the Seventh Appel- of appeals held that when an oil late District issued a and gas lease agreement is siruling that addressed lent as to voluntary unitization, a important unanswered questions producer who applies for a statuinvolving the interplay between an tory unitization order, without the existing oil and gas lease whose landowner’s consent, cannot be unitization clause was deleted and held to be in breach of the lease Ohio’s unitization statute found at agreement. At issue in the Paczewski case R.C. Chapter 1509. A producer’s ability to “force unitize” acreage was an oil and gas lease originally that is covered by an existing oil signed in 1975 covering more than and gas lease that does not au- 700 acres in Monroe County, Ohio. thorize unitization has been the The lease contained a unitizasubject of debate in recent years. tion clause authorizing the lessee
to form drilling units of no more than 640 acres that was struck (or crossed out) when the lease was signed. Antero Resources subsequently acquired the lease to the deep rights to the portion of the leased acreage owned by the Paczewskis and was unable to obtain a lease amendment that would allow Antero to voluntarily unitize the Paczewskis’ property with other lands to form a drilling unit called the “Peters Unit.” Thereafter, Antero applied for a mandatory unitization order from Interplay continued on page 14
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Interplay continued from page 13
the Chief of the Ohio Division of Oil and Gas (“ODNR”) under R.C. 1509.28, Ohio’s unitization statute, to force the Paczewskis’ property into the Peters Unit without their consent. After an administrative hearing, the ODNR issued its Order on November 27, 2017, granting Antero’s unitization application and allocating a proportionate share of the production from the Peters Unit to the Paczewskis’ property. On April 16, 2018, the Paczewskis filed a complaint against Antero, G-R Contracting, the shallow rights owner, and the ODNR, claiming, among other things, that Antero breached the lease when it obtained its statutory unitization order. On August 22, 2018, the trial court dismissed all claims in the case, based on motions to dismiss filed by Antero, G-R and the ODNR. In its order, the lower court rejected the Paczewskis’ arguments that the Antero’s unitization order breached the lease. Noting that the original parties’ deletion of the pooling clause from the lease, the court concluded that, because the lease was silent on the issue of unitization, the lessee (Antero) was able to properly pursue its statutory right of unitization. On appeal, the court of appeals affirmed the trial court’s judgment. In doing so, the court reviewed its prior decisions regarding the interpretation of oil and gas leases and reiterated its long-held view that oil and gas leases are contracts and are subject to the rules governing contract interpretation. Applying these rules, the court adopted the rule that a striken (or deleted) lease clause renders the lease silent as to the subject matter of the struck clause. Thus, the Paczewskis’ lease was silent on the issue of unitization because the unitization clause had been struck. Because of this, the court of appeals found that voluntary unitization was neither allowed nor prohibited, and the lease could
14 OhioGas&Oil
not have been breached when Antero applied for and obtained a pooling order from the ODNR. The court also analyzed a recent ruling from Ohio’s Fifth Appellate District known as Am. Energy-Utica, LLC v. Fuller, 2018-Ohio-3250, in which a court of appeals in another appellate district held that when an oil and gas lease expressly prohibits unitization, a producer who applies for a forced unitization order, without the landowner’s consent, is in breach of the lease agreement. At issue in the Fuller case was an oil and gas lease that contained a hand-written provision where the unitization clause was crossed out and in its place was written: “UNITIZATION BY WRITTEN AGREEMENT ONLY!” Although the Paczewskis urged the court to follow the Fuller case, the court of appeals distinguished Fuller because the Fuller lease in expressly prohibited unitization under the lease, whereas the Paczewski lease was silent on unitization. In reviewing these decisions, several important observations are clear. First, Shale producers routinely seek lease amendments from landowners that contain unitization clauses when the existing lease does not authorize unitization. Often, these negotiations are unsuccessful, usually because the landowner is seeking more compensation than the producer is willing to pay. Producers frequently argue that development of the property for oil and gas is enough benefit alone to justify a lease amendment allowing for unitization, without additional compensation. Many landowners believe that, because their lease does not contain a unitization clause, they can hold out for additional compensation and potential block development until their demands are met. With the Paczewski decision, producers are now free to pursue unitization orders from the ODNR to force unitize property covered by leases that
do not contain unitization clauses. Although the statutory unitization process is time-consuming and costly, it gives producers an alternative to being held hostage by landowners seeking excessive compensation for lease amendments that would permit unitization. Also, landowners should also be mindful of the Fuller case. Landowners with leases that expressly prohibit unitization are potentially in a better position to demand compensation for unitization clauses or, in the alternative, pursue breach of contract claims against producers who attempt to statutorily unitize their acreage in violation of the lease. Additionally, producers who attempt to force unitize acreage risk liability to the landowners with leases that specifically prohibit unitization. The legal issues before Ohio courts concerning leasing and development rights are ongoing and new decisions that affect these rights are issued frequently. Thus, landowners are confronted with a wide array of legal hurdles over their valuable oil and gas rights, even though their property is already leased. The Paczewski and Fuller decisions illustrate the complexity of the legal issues. Based the Paczewski ruling, landowners must have leases that expressly prohibit unitization, rather than simply strike or delete the unitization clause, in order to bring claims based on the Fuller decision. These issues underscore the importance of retaining experienced oil and gas counsel to advise clients as to the leasing and development of their oil and gas interests. David J. Wigham is a secondgeneration Ohio oil and gas attorney with more than 27 years of experience in the industry. 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.
SEPTEMBER 2019
National Association of Royalty Owners
Launching Ohio Chapter National Association of Royalty Owners A new land and royalty owner’s group that is part of the National Association of Royalty Owners is forming an Ohio chapter. The National Association of Royalty Owners is a nationwide organization that encourages and promotes exploration and production of minerals in the United States while preserving, protecting, advancing and representing the interests and rights of mineral and royalty owners. Over the past year, a group of Ohio mineral owners have been laying the groundwork to establish an Ohio chapter with the national office. The Ohio Chapter grew out of the NARO Appalachia Chapter in order to better focus on land and mineral owner issues in Ohio. Monday, the board signed paperwork to formally apply for tax-exempt status as a state and federally recognized 501(c)6 non-profit organization. A variety of backgrounds and professions make up a dynamic and qualified board of directors leading the organization. Ohio officers include President Barry Browne of Guernsey County, Vice President Janet Witten Conn of Monroe County, Treasurer William Knox of Belmont County, and Secretary Taylor
Abbott of Clarington. The board of directors includes Rebecca Clutter of Medina County, Heidi Kemp of Belmont County and Patricia Marcum of Monroe County. The new chapter will be formally recognized and introduced at the national conference set for Oct. 2-4 in Pittsburgh, Pa. During the conference, sessions will be held on Ohio-related issues, including pipeline negotiations, well production, and owner/gas producer relationships. Individuals, companies, and family trusts that own oil and gas royalty interests in Ohio are encouraged to join NARO Ohio. Varying levels of memberships are available and can be found on www.naro-us.org. Members have exclusive access to various events, workshops, conferences, materials, and other resources that can assist them in managing and understanding their mineral rights while networking with other land and mineral owners. NARO Ohio is planning to hold free informational events in counties that are within the Utica and Marcellus Shale play. Call Browne, 281-229-0867 or follow NARO Ohio on Facebook for dates and locations.
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Facts continued from page 12
100 years. Our finding is robust under a range of leakage rates and uncertainties in emissions data and metrics. It becomes conditional to the leakage rate in some locations only if we employ a set of metrics that essentially focus on short-term effects. Our case for the coal-to-gas shift is stronger than previously found…”
“No air quality tests were conducted in connection with the infrared drone photographs to quantify what amount of methane or other pollutants, if any, were being emitted at the named well sites.”
AR-10657685
Fact #4: The United States has one of the world’s lowest flaring intensities despite having the highest oil and natural gas production. One of the major focus areas in the article is on the industry’s use of flaring – a highly regulated practice used to safely alleviate issues that could arise from associated gas, or natural gas that is unintentionally extracted during oil production. As the WSJ alludes, increased pipeline takeaway capacity will help to greatly reduce the need to flare in places like the Permian Basin. However, overall U.S. flaring is never given any perspective in the article. The United States produces more oil and natural gas than anywhere else in the world. And yet it is never mentioned – despite the author referencing the organization’s data – that World Bank data show that the United States ranks 44th in the world for flaring intensity – flaring per unit of production.
Fact #5: FLIR cameras do not provide scientific evidence of methane leakage rates. The WSJ dedicates an entire section of the article (and images throughout) to the “Keep It In the Ground” group Earthworks – an organization that vehemently opposes fracking and stood by its organizer, Sharon Wilson, when she equated it with “rape” – particularly its use of infrared cameras to “detect methane leaks.” Aside from Wilson’s or Earthworks’ biased agenda never being mentioned, the article leaves out that even Earthworks hasadmitted its images from FLIR cameras offer no scientific evidence of methane leaks, explaining: “No air quality tests were conducted in connection with the infrared drone photographs to quantify what amount of methane or other pollutants, if any, were being emitted at the named well sites.” On the “measurements” taken by the cameras, Wilson has even said: “We can’t say which VOCs or how much.” Further, the majority of the hundreds of complaints mentioned in the article that Earthworks has made have been investigated and were determined to be false alarms. Conclusion Record oil and natural gas production has been a game-changer for the United States in recent years. Through technological innovation the industry continues to reduce its environmental footprint, and provide the world with affordable energy, while simultaneously helping it to significantly reduce emissions. And while methane emissions will continue to be an important focus area for the industry, it’s clear that existing voluntary efforts are already having significant results. And those results provide critical context in any discussion of emissions.
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SEPTEMBER 2019
OOGA Member Spotlight:
William Murray, American Refining Group LYNDSEY KLEVEN | OOGA Communications Manager tial interest in the industry from his football The member spotlight series features OOGA members making an impact with coach. Coach Widder had graduated from their membership. If you would like to recMarietta College and his closest friends from college, one of those being Dan Pottmeyer, ommend someone to be highlighted, please had success working as a petroleum engicontact Lyndsey Kleven at: lyndsey@ooga. neer. Coach Widder nudged Murray into the org GENERAL INFORMATION petroleum program based on his academics. William (Bill) Murray was born in MasMarietta College was a good fit for Murray as he also wanted to play college baseball, sachusetts while his father was stationed and the school had a very good baseball there in the military. Shortly afterwards they program—he really wanting to be a profesmoved back to Ohio and he was raised in sional baseball player. Murray took the adthe small town of Waynesburg, right in the vice of his coach and enrolled in petroleum middle of the East Canton oilfield. He remembered as a young child in the late 1960s engineering and also played baseball there and was on Marietta’s first National Champiand seeing bright lights in the fields, which William (Bill) Murray onship team in 1981. This ended up being a he later learned were drilling rigs, and far off flames, which he also learned was gas being flared. Mur- great experience in all aspects for Murray. After graduatray grew up in the Clinton oil boom and at the time didn’t ing in 1983, Murray started his 35 plus year career in oil realize that he would end up working in the oil and gas and gas industry. Currently, Bill resides in North Canton, industry for his career. Ohio with his wife Linda and son Cole, 15. Bill also has two Murray went to Sandy Valley High School and got his iniMember Spotlight continued on page 18
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OhioGas&Oil 17
Member Spotlight continued from page 17
grown children, Lucas 31, Morgan 27, and five grandchildren. INDUSTRY EXPERIENCE At the time it was almost guaranteed that you would land a job right out of college with a degree in petroleum engineering. During the tail end of Murray’s time in Marietta prices spiked in 1981, but when he graduated in 1983 prices were much lower and it was becoming increasingly hard to get placed with a major oil company after graduation. However, Murray was very fortunate and landed his first in the fall of 1983 at an independent oil and gas company, Belden & Blake Corporation in North Canton. He remembers competing with three other classmates from Marietta College and had the feeling of winning the lottery when he awarded the job. Belden & Blake was a large independent company, which was later purchased by Enervest. Murray had a great 20-year career, starting with the company as an engineer in his early 20s and getting a lot of exposure to different areas in the oil patch. Belden & Blake invested a lot of resources in technology, and Murray estimates having been involved in the drilling and fracing of more than 1,000 wells during his time with the company. One of the highlights was leading a team that drilled the first horizontal well in Ohio in the Clinton Sandstone in the late 1980s. “Drilling horizontal wells in the Clinton Sand could be a very important key to the future success for many of
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our Ohio’s legacy operators,” said Murray. “It would be really great for this horizontal drilling in the Clinton to work for the conventional oil producers.” Throughout his career at Belden & Blake, Murray continued to move up within the organization, to Vice President and General Manager and led one of five Belden & Blake’s operating divisions. AMERICAN REFINING GROUP, INC. After working 20 years on the exploration and production side of the business with Belden & Blake, Murray made a move to the crude oil refining side of the business and went to work for the American Refining Group (ARG) in 2004 to focus on ARG’s crude oil supply for the refinery. Now having been with ARG for 15 years, Murray is as excited to be in this industry as any point in his career. “I am so fortunate to work for such a good company where I have the opportunity to work and serve so many hard working oil and gas producers in Ohio and the Appalachian Basin, it’s hard to even call it work,” said Murray. “The relationships with the oil producers are special. I really enjoy this role, and my focus here at ARG is to satisfy the crude oil producers and to provide them with a high level of service to help them be more successful. As the Producers are more successful, so is ARG.” ARG is a specialty lubricant refinery headquartered in Bradford Pennsylvania. It’s the oldest continuously operating lube oil refinery in the world, started in 1881 near the Drake discovery well in Pennsylvania. ARG is a specialty refining solutions provider, with a full range of high quality products including base oils, waxes, resins, naphthas, distillate solvents, fuels and industrial lubricants. ARG sells a hydrocarbon based drilled mud locally in the Utica/Marcellus shale play and is the largest supplier of zinc free rail road engine oil east of the Mississippi. ARG focuses on specialty niche products to add value to its customers. Murray works out of ARG’s crude terminal in Mineral City, Ohio with 25 employees’ onsite at this location that focuses on crude purchasing and crude hauling. The crude purchasing team’s mission is to provide a high level service to the crude oil producers and to provide long term crude supply to run the refinery in Bradford at full capacity. Approximately 45 percent of the refinery’s crude supply comes from Ohio both from conventional wells and Utica Shale wells, which plays a large role in the success of ARG. “We are serving more than a few hundred Ohio crude oil producers, ranging from an individual well owner to larger operators with several thousand wells and we appreciate every single producer,” said Murray. On a daily basis, ARG’s crude purchasing and gathering team is staying connected to Ohio producers to serve their crude hauling needs. Crude hauls are tracked very closely to ensure a high level service is being provided. The current average time from ARG is two days from “call to haul” which is a turnaround time they company prides itself on. Murray is vice president of crude supply and logistics, and his team is responsible for making sure the refinery has ample crude supply for both the short and long-term.
AR-10694397
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SEPTEMBER 2019
OHIO WELL ACTIVITY by the numbers
UTICA SHALE
MARCELLUS SHALE 22 9 17 21 1 70
Wells Permitted Wells Drilling Wells Drilled Not Drilled Wells Producing Inactive Other Total Horizontal Permits
Data as of 8/3/19
467 172 252 2238
3129
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........ 662 2. Carroll County......... 527 3. Monroe County.........494 4. Harrison County........474 5. Guernsey County.......274 6. Jefferson County...... 242 7. Noble County.......... 227 8. Columbiana County...163 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 8/3/19
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