EQT To Buy Equitrans, Builder Of The Mountain Valley Pipeline

The $7.5 billion project has gone over its original budget and past its original completion schedule because of court challenges, bad weather and labor issues.

Natural gas producer EQT is buying the company that’s building the Mountain Valley Pipeline.

Pittsburgh-based EQT Corporation said Monday it would buy Equitrans Midstream, the company building the 303-mile MVP.

The $7.5 billion project has gone over its original budget and past its original completion schedule because of court challenges, bad weather and labor issues.

EQT was set to be the pipeline’s biggest customer, transporting up to 1.2 billion cubic feet of gas a day of the pipeline’s capacity of 2 billion cubic feet a day.

“Equitrans is the most strategic and transformational transaction EQT has ever pursued, and we see this as a once in a lifetime opportunity to vertically integrate one of the highest quality natural gas resource bases anywhere in the world,” said EQT President and CEO Toby Rice, in a statement. “As we enter the global era of natural gas, it is imperative for U.S. natural gas companies to evolve their business models to compete on the global stage against vertically integrated rivals.”

The MVP opens up gas produced in north central West Virginia to additional markets in the mid-Atlantic, and potentially for export through Gulf Coast terminals.

Environmental groups and landowners continue to fight the project, though federal courts have dismissed multiple lawsuits in the past several months.

The companies value the transaction at $35 billion.

EQT Head Tells W.Va. Lawmakers Natural Gas Drillers May Need Some ‘Help’

The head of natural gas driller EQT Corporation told members of the West Virginia Legislature the company intends to ramp up the size of drilling projects to hedge against projected low natural gas prices. To accomplish that, the company may need help from lawmakers when it comes to “fractured mineral interests.”

Toby Rice, EQT’s new president and CEO, testified Monday to the Joint Committee on Natural Gas Development and Joint Standing Committee on Energy. 

“Gas prices are down. It has a big impact, the difference between $2.75 gas and $2.50 gas,” he said. “A lot of this development doesn’t work as well at $2.50 gas.” 

EQT is one of the largest natural gas producers in the country, with a focus in Pennsylvania, Ohio and West Virginia. Rice told lawmakers the company is moving toward “combo development,” or the practice of drilling multiple wells on multiple well pads adjacent to one another. 

“This allows us to do economies of scale in terms of low gas prices,” he said. 

Rice argued larger natural gas developments will ultimately be less disruptive to local communities because multiple wells will be drilled simultaneously. He said EQT sees “room for a lot more development in West Virginia.” 

But to accomplish that, Rice told the Legislature that EQT and other natural gas drillers may need “help at some point.” Large-scale development may require the company to sign deals with up to 1,000 landowners, instead of a few hundred. 

In West Virginia, often rights to the surface of a property and minerals below it have been severed and do not belong to the same person. Mineral rights are sometimes owned by multiple people. 

In 2018, the Legislature passed a co-tenancy bill that lessened the burdens on drillers by allowing companies the ability to enter into leases with co-tenants owning 75 percent of the interest in the minerals. 

Rice said he expects fractured ownership could be an issue to the company’s larger development strategy in some cases, “and maybe co-tenancy doesn’t get us there.”

He was not prepared to offer specific regulatory suggestions. 

The committees also heard a presentation about two bills from last session that addressed the plugging of abandoned and orphan oil and gas wells. Lawmakers may reconsider the measures during the 2020 session.  

One bill is a version of Senate Bill 665, which would create an expedited oil and gas permit program. Drillers would pay double the current $10,000 permit fee to the state Department of Environmental Protection to speed up the permitting process. Half of the proceeds would be placed in a fund earmarked for well plugging. The bill did not make it through the House last session. 

Another bill that may get a second chance is House Bill 2673 , which was vetoed by Gov. Jim Justice last year. The legislation halves the severance tax paid by low-producing oil and gas wells. The proceeds would be provided to DEP to tackle the state’s abandoned well problem. 

There are more than 14,000 abandoned wells across the state. More than 4,500 are classified as“orphan,” which means they don’t have an operator. Sealing orphan wells falls on state regulators. Plugging one well can cost upwards of $60,000.

Top Aide to W.Va. Governor Stepping Down from EQT Board

A top adviser to West Virginia Gov. Jim Justice is stepping down from the board of directors of the second-largest natural gas producer in the state.

Pittsburgh-based EQT announced Wednesday that Bray Cary will not seek reelection to the company’s board.

Cary released a statement saying “given my tenure on the board and my involvement in the Justice administration I figured it was a good time to step away.”

The company says Cary joined its board in 2008 and has also served as the president, chief executive office and director of West Virginia Media Holdings, a television and print media company, since 2001.

Cary is seen as having an instrumental role in Justice’s administration, to the point where some lawmakers refer to him as “Governor Cary.”

EQT Agrees to $53 Million Settlement for Improper Gas Royalty Payments

Natural gas driller EQT Corporation has agreed to settle a class action lawsuit brought by thousands of West Virginia gas owners.

 

In the preliminary settlement agreement approved today, the company said it will pay $53.5 million for failing to make proper gas royalty payments between 2009 and 2017.

The class action lawsuit, Kay Company, LLC, et al. v. EQT Production Company, et al., was filed in 2013. More than 10,000 West Virginia gas owners who had entered into agreements with EQT joined the suit. They argued the company, which is the second largest gas producer in the state, improperly reduced royalties owed by taking unnecessary deductions.

 

Participants said EQT should not have subtracted money from royalty payments for activities taken “post-production” including deducting the cost of transporting and processing gas.

 

EQT had argued royalty payments were fair and said deducting “post-production” costs was routine.

Under the settlement agreement, the company said it will stop the practice “on leases determined by the court to not permit deductions,” according to a press release by the company.

In the release, EQT characterized the settlement as a way to win back the confidence of West Virginia residents and community leaders.

 

“This was an opportunity to turn over a new leaf in our relationship with our West Virginia leaseholders and this mutually beneficial agreement demonstrates our renewed commitment to the state of West Virginia,” stated CEO Robert McNally.

 

Reporting from the Charleston-Gazette Mail and ProPublica show the company and other drillers in the state have litigious track record related to royalty payments.

 

EQT is also suing to gut a 1982 royalty law that was meant to boost royalty payments to gas owners.

 

Individuals and companies that produced and/or sold gas to EQT between December 8, 2008 through December 31, 2017 may be eligible for settlement benefits under the deal.

The deal still needs final approval from a court. A hearing is scheduled for July 11, 2019.  

Citizens Group Asks DEP for Hearing on Transfer of Thousands of Oil and Gas Wells

 

11/20/2018 8:55 p.m.: This story was updated with information from Diversified. 

 

The West Virginia Surface Owners Rights Organization is asking state environmental regulators for a hearing to discuss a proposed transfer of more than 3,800 oil and gas wells located across West Virginia.

 

 

Natural gas driller EQT and others are proposing the deal. The move would transfer the rights to any oil and gas produced by these wells, but also the companies’ plugging liabilities to Diversified Oil and Gas.

Dave McMahon, a lawyer and co-founder of the WV Surface Owners’ Rights Organization, said in a press conference with reporters that the transfer could create one of the most widespread economic and property rights issues in the state.

 

“We hope to present evidence that the financial position of Diverisifed is that it will milk these wells for the first 15 years, and after that they will run out of money and leave these wells across thousands of people’s property across the state,” he said.

 
WVSORO argues the wells are older, which means they will be less profitable, which increases the financial burden on the company to plug the well.

In a statement, Diversified spokesperson Adrian Williams said the wells in question have average remaining lives of 40-50 years, or more. Williams added that Diversified is a publically-traded company, which allows it to tap into significant financial capital. 

“We expect our assets to produce significant cash flow over the next 40 to 50+ years, a portion of which we will responsibly use to decommission these wells for the benefit of the communities within which we operate,” the statement said. 

The group argues EQT and others should not be allowed to transfer the wells unless the well is currently producing enough oil and gas to make it profitable, thus ensuring there are enough resources to plug it later on. 

There are 12,000 abandoned wells and more than 4,000 are orphaned across the state. The group says this deal could lead to many more. In total, WVSORO said EQT and others want to transfer an estimated 17,000 wells in West Virginia.

 

WVDEP is expected to issue a decision on whether to grant a hearing in the coming months.

 

 

 

Judge Orders Gas Company to Pay Doddridge Property Owners $190K

A jury’s verdict ordered an oil and gas company, EQT, to pay Doddridge County residents for trespassing and building a shale gas drilling pad without expressed permission.

The jury awarded two Doddridge county surface owners a combined $190,000. Surface owners David Wentz and Beth Crowder say EQT trespassed when the company decided to use surface property to drill into mineral deposits of adjacent properties. County Circuit Judge Timothy Sweeney ruled the residents were entitled to fair rental value for use of the land in this potentially landmark decision.

“It’s the first time that we know of that has been decided by a court of law,” said David Grubb, the lawyer who represented Wentz and Crowder.

Grubb said the lawsuit ultimately reflects that methods used to drill for shale gas have much more significant impacts on surface properties than conventional gas drilling.

“The difference between conventional, vertical well and a horizontal well pad where you may have nine or ten separate wells going in different directions — it’s night and day in terms of the amount of fracking, trucking, gas and pipeline that’s involved,” Grubb explained. “The burden on the surface is much, much greater.”

He hopes the precedent will provide clarity for other cases and insight for landowners who are negotiating agreements with gas companies.

In an email, a spokesperson for EQT said the company respects the jury’s decision and is pleased with the outcome.

 

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