American Oil and Gas Reporter - April 2016 - 101

hazardous materials training, employees
not paying attention, or more important,
them saying, 'I have been doing it this
way for years.' Well, they are not doing it
the way they are supposed to," Turner said.
Pipeline Value
Improving transportation capacity out
of the Appalachian Basin will only help
the region's production sector, assessed
James Crews, vice president of Northeast
business development for MarkWest Energy Partners LP.
He noted that while Appalachian and
Gulf Coast gas wells had similar physical
characteristics regarding heating content
and liquids composition, because of their
proximity to the Henry Hub, Gulf operators typically received almost a dollar
more per MMBtu. Natural gas liquids
produced in the Gulf sold to chemical
plants received 5 cents more an MMBtu
than Appalachian NGLs, he added.
"We have to do everything we can in
this basin to build projects that will consume this product, or export it, so we can
get something closer to world prices,"
Crews contended.
While applauding the prospect of additional pipeline capacity coming on line,

he warned that many projects-typically
producer-supported-were in or near financial distress.
"When commodity prices are high,
producers can back these projects. With
prices this low, those same producers are
struggling, so their projects are in a
tenuous situation," he described.
In contrast, he pointed to a pair of
proposals that had had no problem securing
financial backing because of firm enduser support:
* The NEXUS gas transmission system is backed by Detroit Edison and
Michigan Consolidated Gas Co. When
completed, it will move 1.5 Bcf/d from
northeastern Ohio to Detroit.
* The Atlantic Coast Pipeline is owned
by four electric utilities: Dominion, Duke
Energy, Piedmont Natural Gas, and AGL
Resources. The 550-mile line will run from
Harrison County, W.V., to southern North
Carolina. It also will transport 1.5 Bcf/d.
"These both are market-pull projects
that have real markets behind them,"
Crews said. "We need more supply-push
projects to be completed and reorganized
with a blend of customers-both supplypush and market-pull-so we can get them
completed."
❒

The Appalachian Basin is getting the
infrastructure improvements, especially
in transportation capacity, that the region's production sector needs, says
James Crews, vice president of Northeast
business development for MarkWest Energy Partners LP.

Shale Plays Rewriting Ohio Law Books
COLUMBUS, OH.-The Marcellus
and Utica shale plays have upended the
nation's energy equation and also are
having outsized impacts on the legal system, Timothy McGranor told the Ohio
Oil & Gas Association's winter meeting.
In his oil and gas legal update, McGranor, a partner in the Columbus office
of Vorys, Sater, Seymour and Pease LLP,
said that while the Ohio Supreme Court
in 2010 ruled on five cases involving oil
and gas leases, 88 relevant decisions were
issued in the following five years.
"There has been a huge learning curve
for the courts as they come to understand
this industry and the laws that govern it,"
he said. "We are seeing better decisions
today than we saw at the beginning of
the shale play."
In other OOGA presentations:
* Martin Shumway, president of
Shumway Resources LLC, offered the
Debrosse Memorial Report and its
overview of activity in Ohio in 2015.
* Timothy Knobloch, president of
James Knobloch Petroleum Consultants
Inc., discussed the Appalachian Basin
mergers and acquisitions over the past
five years.
* Jackie Stewart, state director of Energy in Depth-Ohio, gave an update on the

University of Cincinnati's groundwater report and its public education implications.
Dormant Mineral Act
In its 2015 decision in Chesapeake

Legal activity involving Ohio leases has
soared since 2010, Timothy McGranor, a
partner in the Columbus office of Vorys,
Sater, Seymour and Pease LLP, tells the
Ohio Oil & Gas Association. In 2010, the
Ohio Supreme Court ruled on five lease
cases; over the next five years, he said,
88 relevant decisions were issued.

Exploration LLC v. Buell, the Ohio
Supreme Court addressed two questions,
McGranor said:
* Is an oil or gas lease a title transaction
under the state's Dormant Mineral Act?
* Is its expiration a separate title
transaction?
Ohio enacted the law, which provides a
route to reunite abandoned mineral interests
with the surface estate, in 1989, he said.
Under the act, certain events can prevent
the mineral estate from being revested to
the surface owner, McGranor observed.
Title transactions involving oil and gas
rights are one of those events. Under the
Chesapeake decision, if a lease is recorded
within the act's relevant time frame, that
event acts as a title transaction.
The court held that lease expiration
was not a title event capable of blocking
revestment, McGranor said, explaining
that if a lease's expiration has not been
reported, nobody knows whether that
lease still is in effect and the courthouse
title book does not reveal whether there
is a producing well on the property.
Ohio's courts also heard several cases
involving charter amendments, McGranor
reported. One appellate court ruled early in
2016 that those charters, which typically
seek to block oil and gas development, are
APRIL 2016 101



American Oil and Gas Reporter - April 2016

Table of Contents for the Digital Edition of American Oil and Gas Reporter - April 2016

Contents
American Oil and Gas Reporter - April 2016 - Cover1
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American Oil and Gas Reporter - April 2016 - Contents
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