Articles Posted in OIl and Gas News

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Controversial EPA Administrator Al Armendariz has resigned his post as Administrator of Region 6, which includes Texas, after Senator James Inhofe (R-Okla.) called for an investigation of the EPA’s actions related to oil and gas exploration. Armendariz was previously a professor at Southern Methodist University in Dallas. Prior to his appointment by the Obama administration he published a highly criticized study of air quality in the DFW area that found that oil and gas exploration in the Barnett Shale is a significant contributor to air pollution in that region. Since his appointment Armendariz has been a lightening rod for the exploration industry’s criticism of the EPA.

In his remarks on the Senate floor, Senator Inhofe highlighted a talk given by Armendariz that was captured on video and recently posted to YouTube, in which he says that, because of the limited number of staff in his office, his approach is to act like the Romans: “They’d go into a little Turkish town somewhere, they’d find the first five guys they saw and they would crucify them. And then you know that town was really easy to manage for the next few years.”. Inhofe also wrote a letter (Inhofe letter 04-26-12.pdf) to EPA Administrator Lisa Jackson, highly critical of Armendariz’s actions. 

Armendariz was also responsible for the “emergency order” issued by his office against Range Resources for allegedly contaminating groundwater in Parker County — an allegation since disproven. Recently, EPA voluntarily dismissed its suit seeking to enforce the emergency order, after the Texas Railroad Commission found that Range was not responsible for the methane in the contaminated water well.

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EPA Dismisses Suit Against Range

The Environmental Protection Agency has thrown in the towel. It dismissed its suit against Range Resources that sought to enforce its emergency order claiming that Range was responsible for contamination of water wells in Parker County. See Bloomberg’s article here.

I have previously written about this controversy. See my previous posts here and here and here and here and here. The EPA alleged that the water well belonging to the Lipskys had been contaminated with methane by Range’s fracing of wells in the area. Range called a hearing at the Railroad Commission and invited the EPA and the Lipskys to attend, but they declined. The RRC found that Range’s well was not the cause of the water well contamination; it concluded that the methane was naturally occurring and was caused when the water well was drilled too deep, into a shallow gas formation. Range fought the EPA’s allegations vigorously. So far, the EPA has been unable to link any groundwater contamination to hydraulic fracturing.

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Recent news of interest:

The new Texas law requiring reporting of chemicals in frac fluids becomes effective February 1. The law also requires operators to report the volume of water used. Dr. Dan Hardin, resource planning director of the Texas Water Development Board, projects that in 2020, more than 40 percent of water demand in La Salle County (in the Eagle Ford Shale) will go toward fracing. http://www.nytimes.com/2012/01/15/us/new-texas-rule-to-unlock-secrets-of-hydraulic-fracturing.html

Last year, Dr. Robert Howarth, a professor at Cornell University, published an article concluding that natural gas causes more global warming per unit of energy created than coal, upsetting the widely published belief that natural gas is a more climate-friendly fuel. Dr. Howarth said that previous studies did not take into account that as much as eight percent of produced natural gas escapes into the atmosphere between the wellhead and its consumption. Now a colleague of Howarth at Cornell has published a study challenging Howarth’s fugitive gas estimate. Dr. Lawrence Cathles concludes that gas has one-half to one-third the greenhouse gas footprint of coal.

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I started writing this blog in February 2009. This is my 136th post. It’s been fun. I had no idea I could find enough topics to write about, but material has not been a problem. A lot has changed in the oil and gas industry in the last three years. The development of unconventional shale plays. The BP oil spill in the Gulf. Falling gas prices. Rising oil prices. The “fracing controversy.”

All of this news pales in comparison to my personal year-end tragedy: My secretary of 27 years is retiring.

I have looked back on my posts from the last year, and here are some parting thoughts for 2011:

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Recent news of interest:

New York Times reporter Ian Urbina has a recent article claiming that lenders taking mortgages on real estate are restricting their borrowers from granting oil and gas leases on the mortgated property. The article also discusses whether the granting of a lease on mortgaged property might violate the terms of the mortgage. Urbina says Congressmen Ed Markey and Maurice Hinchey asked Fannie Mae and Freddie Mac how they deal with oil and gas leases on mortgaged property. Chesapeake said that they don’t seek approval from lenders before acquiring leases on mortgaged property, but wait until they are ready to drill to ask the mortgage company to subordinate their lien to the mortgage.

In my experience in Texas, the standard practice has been for the oil company to lease the land first, then determine if it is mortgaged, and if so ask the lender to subordinate is lien. Lenders are generally agreeable, believing that, if a well is drilled, the value of their collateral will be enhanced, since they will still have a lien on the royalty interest reserved by their borrower. I recently learned, however, that Fannie Mae is requiring that its borrowers on commercial properties insert specific provisions in the lease before agreeing to the lease, as well as charging a substantial fee. On new leases of residential lots in the Barnett Shale, Chesapeake is sending a lender subordination form to the lot owner along with the lease and asking the owner to get their mortgagee’s consent before paying for the lease.

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Christopher Helman has recently written two articles on Aubrey McClendon, CEO of Chesapeake Energy, one in the October 24 edition of Forbes, and one — an interview with McClendon —  on Helman’s blog. McClendon is the Steve Jobs of the US oil & gas exploration industry, in many ways the face of the industry. And he’s not bashful about taking that role. Helman’s articles provide a good summary of McClendon’s and Chesapeake’s meteoric rise and the controversies surrounding him and the industry.

Chesapeake has a market capitalization of $17 billion and is
estimated to have $2 billion in profits on $9.5 billion in revenues this year. It has 12,000 employees and added 3,300 employees this year. The
company has 4,500 land scouts acquiring oil and gas leases from Ohio to
Pennsylvania to Michigan to South Texas. Chesapeake is expanding beyond
the E&P business into the oilfield service industries. According to
McClendon, it is the fourth-largest drilling company in the US, the
second-largest compression company, and in the top three in oilfield
trucking and tool rental. Chesapeake intends to spin off its oilfield
services businesses next year into a new public entity.

McClendon’s great uncle was Robert Kerr, founder of Kerr-McGee Oil
& Gas and a goveronor of Oklahoma. At age 23, he partnered with Tom
L. Ward to start Chesapeake, and it went public in 1993. Ward and
McClendon parted ways in 2006, and Ward started his own company,
SandRidge Energy. McClendon owns a huge wine collection that is served
at his Oklahoma eatery the Deep Fork Grill. He recently sold his
personal collection of antique maps to his company for $12 million. 

Now 52 years old but looking much younger, according to Forbes McClendon is worth $1.2 billion. He owns 2.5% of every well Chesapeake
drills–interests now worth some $500 million. “You could say I’m the
only CEO in America who truly participates alongside his company in the
day-to-day business activity on the same basis as the company,” he says.
“Would we have had the financial collapse in 2008 if every CEO of a
bank, of a mortgage company or a securities firm had been forced by his
board to participate personally in some proportionate part of every loan made, every mortgage-backed security sold or every real estate deal
financed by those firms?” In 2009 his Chesapeake compensation package
was valued at $100 million, including $20 million in CHK stock.

Chesapeake is admired and hated in the industry. The company sweeps
into each new play paying the highest prices for leases and gobbling up
all acreage in sight. In the past five years the company has acquired
600,000 leases covering 9 million acres, paying $9 billion in bonuses.
Chesapeake paid $1.7 billion for 700,000 acres in the Eagle Ford in
2010; then in November 2010 the company sold a one-third share of that
acreage to China’s state-owned oil company for $1.1 billion and an
additional $1.1 billion in future drilling costs. Chesapeake has entered into similar agreements withe BP, Statoil and Total to lay off
interests in its acreage.

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Items of interest recently in the news:

On March 25, the Texas Railroad Commission adopted its examiners’ recommended decision finding that Range Resources was not responsible for water-well contamination in Parker County, Texas.  (For my previous posts on this controversy, go here and here.)  The U.S. Environmental Protection Agency, which had previously entered a cease-and-desist order against Range based on its investigation of the water well contamination, issued a statement standing by its findings:  “The decision by the Texas Railroad Commission is not supported by EPA’s independent, scientific investigation, which concluded that Range Rsources Corporation and Range Production Company have contributed to the contamination of homeowners’ drinking water wells.”  EPA has posted the full record of its investigation of Range on its website.  EPA has filed a federal suit against Range to enforce its order. “EPA stands by the order issued to Range Resources and seeks to secure Range’s full compliance,” said EPA’s statement.  Range has filed a motion in that suit to dismiss the case, based on the Railroad Commission’s findings. Railroad Commissioner Michael Williams said that “I see this as sort of a cavalier attempt by the federal government to reach its arms into our state’s jurisdictions.” Commissioner Elizabeth Jones said after the RRC hearing that Range’s operations “have not contaminated and will not contaminate” the water wells in question. Steven Lipsky, one of the water well owners who believes that Range is responsible for the contamination, said: “It’s a corrupt system. It’s kind of sad.”

Chesapeake Energy has entered into two more agreements to shed part of its acreage positions, one in Texas and one in Arkansas.  Chesapeake agreed to sell all of its Fayetteville Shale leases in Arkansas to mining giant BHP Billiton for $4.75 billion cash. Chesapeake entered into an agreement with Clayton Williams Energy to transfer 75% of its 75,000 acres of leases in the Wolfbone play in Reeves County to Williams, in exchange for Williams’ agreement to drill at least 20 wells in the first year, with an option to drill 20 more earning wells every year over the next four years.

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Recent news items of interest:

Southwest Energy and Environmental Defense Fund Developing Best Practices for Hydraulic Fracturing.

         Scott Anderson, senior policy advisor for the Environmental Defense Fund, and Mark Boling, Executive Vice President of Southwestern Energy, have begun talks to bring together representatives of energy and environmental groups to propose uniform standards for best practices for hydraulic fracturing, in hopes that such standards will be adopted by states and give the public assurance of the safety of the completion technique.    The talks have resulted in a 40-page draft of proposed model regulations to be presented to state officials, covering public disclosure of frac fluid additivies, standards for casing and cementing wells, and pressure monitoring.  An inverview of Scott Anderson on the efforts can be found here.  “It is our obligation as an industry to let [the public] know what the issues and obstacles are and show them we are willing to work with environmental groups and state regulators to come up with solutions,” said Boling.

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Recent news items of interest:

Barnett Shale Well Reaches 5 Bcf

The XTO Energy – TRWD #H2H Well in Tarrant County has produced more than 5 Bcf of gas, the first Barnett Shale well to reach that milestone.  The well was completed in June 2005 with a 3,500-foot lateral. The well was drilled under a reservoir operated by the Tarrant Regional Water District, Eagle Mountain Lake, in northwest Tarrant County.  It still produces more than 1 mmcf per day. The well highlights the difference between community acceptance of horizontal drilling and fracing technology in Texas compared to fears that the technology will cause water contamination in New York State, which so far has banned such wells. The newly elected Attorney General for New York, Eric Schneiderman, has recently said he opposes use of hydraulic fracturing until he is convinced that it is safe: “Neither the state nor the federal government has determined that hydrofracking is a safe practice, and I will sue to make sure that no drilling takes place until those determinations have been made.”

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