eting 2016 - Independent Oil and Gas Association of New York
Transcription
eting 2016 - Independent Oil and Gas Association of New York
THE PIPELINE VOLUME 36, NO. 1 SPRING 2016 Hypocrisy 101 38 Lake Street Hamburg, NY 14075 D THE PIPELINE is published quarterly by the Independent Oil & Gas Association of New York as a benefit of membership. INSIDE JOIN US! Summer Meeting 2016 PEAK N’ PEEK RESORT & SPA JULY 13 & 14, 2016 By Brad Gill From the Executive Director cover Beware of Well Plugging Liability 5 Upcoming Events 6 Election 2016 7 2016 IOGANY Meeting Info 10 2016 Membership Directory Info 11 IOGANY’s New Buyers’ Guide 11 Pipeline Rally Coverage 12 Industry Cycle: Lower for Longer 13 What Our Members Say 14 New Members 15 Understanding Energy Markets 17 Industry Prices 18 Natural Gas Now Support 19 e THINK Spring! on’t even get me started… I want to talk about hypocrisy for a minute. I don’t mean the everyday, run-of-the-mill stuff that we see all the time. I am talking about the “height” of hypocrisy here. We’ve all had to deal with those folks who hate us… you know the ones who say how bad fraced gas is for the environment just before they leave to drive home to their warm house, gas stove and motorized lawn equipment. Actually, I do want to share a story about that convictions scenario… as his wallet... I was at a professional after-work function in Buffalo and met an attorney who asked what I did for a living. After telling him, he said I probably shouldn’t talk with his wife because she is a nurse and they have both driven to Dimock, PA to witness first-hand the destruction and injury to people caused by our industry. He said they are both staunchly opposed to fracing and the use of fraced natural gas. Upon hearing this, I asked him why he supports our industry every single day. He looked bewildered, and said he “has to” as an attorney representing certain clients. I quickly clarified my question and said that I mean him personally – why did HE support us every day? Now he was confused by my question and had a puzzled look on his face. I explained that every day he drives his car and heats his home, mows ... his lawn, snow-blows his driveway, uses Tupperware, pops pills, and a host of other activities, he is supporting the oil and gas industry. To be specific, I asked how he heats his home and he confirmed with natural gas. I asked why he doesn’t convert to solar, wind, or wood? He responded by saying that he couldn’t do that. Why? Because the costs were exorbitant. Really?!!! I immediately said that he is an attorney and doing very well for himself, and if anyone could run only as deep afford to partially switch to renewables, he could! I also pointed out that his wish for everyone to be off the grid would severely impact most of society who couldn’t afford to switch as easily as he could. I ended our conversation by pointing out that his convictions run only as deep as his wallet and that is hypocritical. Needless to say, he never circled back around to where I was standing all evening and he never brought his wife over to meet me. Hypocrisy never fails to amaze me. Take Walmart’s story. The elite liberal left loved to hate Walmart for its corporate greed, capitalistic views, and indifference toward its workers, screaming that they weren’t paying enough and weren’t taking care of the employees. Twice, Walmart raised its wages and benefits in response to public pressure, and despite their concessions, Walmart was still the bad guy. In April 2015 they raised wages for a half million workers, then again for this year they will raise their wages Continued on page 2 Continued from page 1 for 1.2 million workers. But folks are still not happy, so now that Walmart is closing almost two-hundred stores and laying off thousands of workers, you would think the oppositionists would be happy to have eliminated this greedy behemoth from certain localities. They should be dancing in the streets because they got rid of the evil giant! But of course, you know that they are now painting Walmart as the bad guy once again saying they are insensitive and terrible because they are forced to lay off workers and close stores. When someone is hypocritical, they will always play both sides, conveniently justifying their actions no matter what – all while turning away from the mirror. I could also mention Sanders, Hillary, Cuomo, and Obama stating with conviction that the constitution is clear and shouldn’t be conveniently interpreted when it comes to the president nominating a supreme court justice during his last year in office. I agree that the constitution shouldn’t be conveniently interpreted for this purpose… or for the second amendment! But they conveniently are not consistent on these two issues. Yep – hypocrisy at its finest. Or Hillary stating that large campaign contributions don’t sway policymaking, and pointing out that Obama went after Wall Street after the 2008 banking meltdown despite having received large funding from Wall Street. She also defended her speaking fees (aka campaign contributions) from Goldman Sachs and others, saying that these large political donors do not impact policy. But, just listen to what she says about the Koch Brothers, or about the NRA on the Republican side – again… terribly hypocritical. But, I said I wanted to talk about the “height of hypocrisy” so here it is. IOGANY receives a magazine called City and State. It is a largely left-leaning political publication out of Albany that highlights politicians and influential people in New York, legislation, social programs, etc. We subscribe to it because I believe The Pipeline we should always be educated about the mindset and activities of our adversaries. In the last issue there is a q&a interview of the actor James Cromwell. Cromwell played the farmer in the movie “Babe”, starred in “American Horror Story: Asylum” and has made other movies. He is also an activist, protested the Vietnam war, and most recently got arrested for blocking the entrance to a natural gas power plant under construction in Orange County, NY. First question: “Why are you opposing this power plant?” Answer: “It affects not only my community and where I live in Warwick, but it also affects the health and well-being of the people of Orange County and to some degree, the people of the State of New York and the entire country and the entire world.” (he forgot the solar system… and the universe… and parallel universes) He went on to talk about how the power plant “is fraught with the possibility of disaster and endangerment of local people.” He also said the movement to ban fracking was “incredibly well-organized (can’t argue that) and supported, but also because of some politics up in Albany. But they left out the “use” of fracked gas. It doesn’t make any sense to me or to anybody in this community why you would ban fracking and then turn around and use the product of fracking to run a power plant in New York.” He went on to say that we don’t need fracked gas to produce electricity “because we have a surplus.” Ughhh! But wait, it gets even better! Second question: “So you’re saying New York is being hypocritical by banning fracking but allowing the use of fracked gas in the state?” Answer: “It is hypocritical, but you have to look at the money.” UGGGHHHHHHH!!!!!!! The height of hypocrisy to me is when a person points out hypocrisy without look2 ing in the mirror! He accuses New York of being hypocritical because they banned fracing and still use the energy produced from fracing (I agree - that is hypocritical), but he never acknowledges that he and millions of New Yorkers and people all over the country and the world (and parallel universes) are doing the same thing! He drives, heats his home, mows his lawn, uses Tupperware, enjoys the warmth of shopping malls and uses his eco-friendly products that have been manufactured using natural gas as a feedstock energy source, and never points out his own hypocrisy! IOGANY has spent countless dollars and man-hours fighting our regulatory and legislative battles over the last seven years. We have lost temporarily to the well-organized and well-funded opposition groups. But we now hope to do what we can to expose the hypocrisy of actors like Cromwell and others, but mostly the hypocrisy of the every-day people across the state who benefit daily from the very product they disdain. I am not sure how we’re going to do it, but we are working on some ideas that we’ll share with the members when the time is right. We have no delusions of victory or even making a big dent in the situation here in New York. But, if we can make even a small impact and get people talking about the reality of natural gas use in New York, and how it makes no sense to oppose something that you use regularly and heavily rely upon every day, then we can at least say we tried. I just wish more people, like that attorney I enlightened, would at least come to realize the positive impacts on their lives that natural gas and oil have made through the years. I recently talked with Mark Mathis, a film producer who I met years ago and have grown to respect, both personally, and for the quality of his work. Mark just completed his latest film project – a movie titled “Fractured; Language, Lies, and Energy”. I watched the film and it brings up some very good points about how Continued on page 3 Spring 2016 ON THE LIGHTER SIDE! Dan was a single guy living at home with his father and working in the family business. When he found out he was going to inherit a fortune when his sickly father died, he decided he needed a wife with which to share his fortune. One evening at an investment meeting he spotted the most beautiful woman he had ever seen. Her natural beauty took his breath away. “I may look like just an ordinary man,” he said to her, “but in just a few years, my father will die, and I’ll inherit 20 million dollars.” Impressed, the woman obtained his business card and three days later,she became his stepmother. Women are so much better at estate planning than men! Newsletter Advertiser Index Bond, Schoeneck & King, PLLC...................................................................... 4 D.A. Collins Companies................................................................................. 13 Elexco Land Services....................................................................................... 6 EnergyMark, LLC............................................................................................ 17 Erdman Anthony............................................................................................. 16 Ernst Seeds...................................................................................................... 4 Gas Field Specialists, Inc................................................................................. 8 GZA GeoEnvironmental Inc.............................................................................. 5 John H. Heyer, Attorney at Law....................................................................... 9 Kessel Construction, Inc.................................................................................. 9 Moody & Associates, Inc.................................................................................. 9 National Fuel Resources.................................................................................. 8 New Prospect Company................................................................................ 15 Oakridge Engineering....................................................................................... 8 Tectonic Engineering & Surveying.................................................................. 15 Twin Tiers SPE.................................................................................................. 8 Fighting the battle for the economic future of Rural America, energy independence and the environment is what we do at NaturalGasNOW. Can you help? You’ll notice a new banner advertisement at the top of each post. It’s a very simple request to consider supporting this blog with a very modest contribution to help cover the costs. Yes, it takes time and money to do what we do and, while the time is not so much of an issue given my own passion for the cause, the out-‐of-‐pocket expenses for maintaining the blog, travel (essential to collecting stories and spreading the word), research costs and the like are more than you might imagine. So, I’m reaching out to those of you who often tell us how important what we do is to you and your family or industry and asking you to consider signing up to support NaturalGasNOW. It will take but 99¢ per month (that’s less than 25¢ per week and only $11.88 per year). Just click on the banner and use your PayPal account or credit card to help out. To support NaturalGasNOW visit: http://naturalgasnow.org/ The Pipeline 19 Spring 2016 Continued from page 2 Recent Penn Grade Crude Oil Postings in WNY 12/2..........................................................................35.94 12/9..........................................................................33.16 12/16........................................................................31.52 12/23........................................................................33.50 12/30........................................................................32.60 1/6............................................................................29.97 1/13..........................................................................26.48 1/20..........................................................................22.55 1/27..........................................................................28.30 2/3............................................................................28.28 2/10..........................................................................23.45 2/17..........................................................................26.66 2/24......................................................................... 28.15 3/2 .......................................................................... 30.66 Source: Ergon Oil Purchasing www.ergon.com/prices.php naïve the general public is about energy and how their lives wouldn’t be the same without it. We hope to host a showing of this film at an upcoming meeting, and plan to have copies of it available for purchase to support Mark’s efforts. So, let’s all continue doing what we can individually in the course of our everyday lives when we engage people who don’t understand our industry. Let’s point out the hypocrisy that each of them engage in when they bash fossil fuels in favor of renewables. At least we stand proudly in support of our industry and aren’t afraid to look in the mirror!! INDEPENDENT OIL & GAS ASSOCIATION OF NEW YORK 38 Lake Street • Hamburg, NY 14075 716-202-4688 • 716-202-4689 fax www.iogany.org EXECUTIVE COMMITTEE Executive Director Brad Gill, IOGANY/ Earth Energy Consultants President Ernie Rammelt, Chautauqua Energy Inc. But, don’t get me started! NYMEX Natural Gas Futures 12 Month Forward Strip Average Prices Through 02/17/16 Phone: 304.464.1176 Secretary John Holko, Lenape Resources, Inc. Brad Gill is the Executive Director of IOGA of NY, a petroleum geologist by trade and the President of Earth Energy Consultants. $5.00 $4.50 Treasurer Mike Pedro, United States Gypsum Co. DIRECTORS Chuck DuBose, DLH Energy Service, LLC James “Eddy” Grey, Triana Energy, LLC Randy Hansen, Elexco Land Services, Inc. John Heyer, Attorney at Law Mike Hogan, Hogan Energy Consultants Dennis Holbrook, Attorney Tim Hull, Empire Energy E&P, LLC Charlie Joyce, Otis Eastern Service Inc. Gary Marchiori, EnergyMark, LLC James Macfarlane, Minard Run Oil Co. Jim Perkins, P&C Gas Measurement Services, Inc. Steve Plants, Plants and Goodwin, Inc. John Polka, National Fuel Gas Distribution Corp. Jim Richert, GZA GeoEnvironmental, Inc. Scott Sampson, Chautauqua Utilities, Inc. Rod West, Gas Field Specialist, Inc. Dave White, Independent Consultant Roger Willis, Universal Well Services, Inc. $4.00 $3.50 $3.00 THANK YOU! $2.50 $2.00 2/18/2011 2/18/2012 2/18/2013 2/18/2014 2/18/2015 IOGANY WOULD LIKE TO THANK ALL OUR 2016 RENEWING MEMBERS. Bloomberg Finance L.P.; CME/NYMEX; For Informa<onal Purposes Only APPALACHIAN GAS MONTHLY SPOT PRICE We would also like to thank specific companies for their Courtesy: EnergyMark, LLC (716) 614-1800 financial support with an additional donation along Jan-12 Indicative Monthly Price $ 3.37 Jan-13 Indicative Monthly Price $ Indicative Monthly Price $ 3.62 Jan-14 3.94 Jan-15 Indicative Monthly Price $ 2.59 Jan-16 Indicative Monthly Price The Pipeline $ 2.10 Feb-12 $ 2.89 Feb-13 $ 3.48 Feb-14 $ 5.57 Feb-15 $ 2.58 Feb-16 $ Mar-12 $ 2.64 Mar-13 $ 3.75 Mar-14 $ 4.96 Mar-15 $ 2.76 Mar-16 Apr-12 $ 2.37 Apr-13 $ 4.29 Apr-14 $ 4.55 Apr-15 $ 2.00 Apr-16 May-12 $ 2.09 May-13 $ 4.18 May-14 $ 4.39 May-15 $ 1.90 May-16 Jun-12 $ 2.45 Jun-13 $ 4.16 Jun-14 $ 3.96 Jun-15 $ 2.09 Jun-16 1.92 Jul-12 $ 2.76 Jul-13 $ 3.56 Jul-14 $ 3.61 Jul-15 $ 1.99 Jul-16 Aug-12 $ 3.02 Aug-13 $ 3.07 Aug-14 $ 3.11 Aug-15 $ 2.04 Aug-16 Sep-12 $ 2.58 Sep-13 $ 3.30 Sep-14 $ 3.03 Sep-15 $ 1.89 Sep-16 Oct-12 $ 3.22 Oct-13 $ 3.39 Oct-14 $ 2.92 Oct-15 $ 1.77 Oct-16 Nov-12 $ 3.53 Nov-13 $ 3.39 Nov-14 $ 2.91 Nov-15 $ 1.87 Nov-16 Dec-12 $ 3.83 Dec-13 $ 3.47 Dec-14 $ 3.77 Dec-15 $ 2.04 Dec-16 2.90 Average $ 3.64 Average $ 3.89 Average $ STAFF Brad Gill, Executive Director (brgill@iogany.org) ext. 105 Vickie Mellody, Office Administrator (info@iogany.org) ext. 100 Lorri Ball, Bookkeeper/Administrative Assistant (lorrib@iogany.org) ext. 101 ERDMAN ANTHONY OTIS EASTERN SERVICE LLC PATTON FOREST PRODUCTS UNITED STATES GYPSUM CO. 2.13 2016 PIPELINE NEWSLETTER SCHEDULE Spring - Copy deadline: February 15 for March issue Summer – copy deadline: May 15 for June issue Fall – copy deadline: August 15 for September issue Winter – copy deadline: Nov. 15 for December issue Average $ 18 with their membership renewal! Average $ COMMITTEE CHAIRS Legal Committee - John Heyer Marketing Committee - Gary Marchiori Marcellus Shale Committee - Eddy Grey Operations Committee - Roger Willis PAC Committee - Scott Sampson Producer Committee - Ernie Rammelt Public Relations Committee - John Holko 2.01 Spring 2016 The Pipeline 3 Spring 2016 ■ Thank You! Gary Marchiori is President of EnergyMark, LLC in Williamsville, NY. Gary worked for the National Fuel System, and Texaco Natural Gas for 17 years before forming his own energy supply company in 2002. EnergyMark now serves more than 8,000 customers in Western New York and Northwestern Pennsylvania. ■ To the following companys for sponsoring IOGANY’s Board of Directors Meetings January 20, 2016 E lectric generation using natural gas has grown over the last several years as clean air, water, and fuel economics have driven out coal fired electric generation. A bright spot for our current natural gas oversupply situation is power generation use. Daily power burn in the Unites States is currently averaging 25 Bcf per day, which is 3.5 Bcf, or 17% higher than last winter, season-to-date. This increase is Empire Energy E&P, LLC / Tim Hull March 16, 2016 ■ GZA / Jim Richert ■ Responsible Reclamation Understanding Energy Markets Can Producers Break-even By Gary Marchiori, President, Energy Mark LLC Coal plant retirements, and more favorable economics of coal-to-gas switching, are the two major reasons power burn is up despite warmer temperatures. According to a report from Bentek Energy, “Assuming the retired coal plants were previously running at a 60% capacity factor, and that the new replacement gas operates at a 7.5 MMBtu/MWh heat rate, about 1.63 Bcf/d of the increased gas demand is from gas-fired power plants filling in for the lost baseload coal capacity.” This means that just under half of the increase can be attributed to the 15 MW of coal capacity retirements in 2016, and the other half, An opportunity to restore diversity • Conservation seed mixes particularly impressive considering national temperatures have averaged 47 degrees Fahrenheit, or 5 degrees higher than last year. Temperatures in the Northeast have been 8 degrees warmer than last year, yet power burn in this region is still 15% higher than last year at this time. The largest percentage increase so far is in the Pacific Northwest, which is currently burning 71% more natural gas to generate power than last year. • Native seeds • Bioengineering materials ernstseed.com sales@ernstseed.com 800-873-3321 or about 2.1 Bcf/d can be attributed to coal-to-gas switching. Despite higher coal-to-gas switching levels, fuel switching accounts for less of the overall demand for natural gas than it did last year. The increased demand for natural gas in the power sector has certainly has a tremendous economic effect on the cost of electricity for the end user. With coal and nuclear facilities continuing to be shut down across the country, natural gas’ role in power generation will continue to grow. With ample supply, and an increasingly solidified infrastructure, electricity will continue to be supplied reliably, and at low cost, for years to come. Truly Green Energy Local Production Supplied Reliably to Local Customers Every day, we buy locally produced natural gas for thousands of customers. Contact us today to learn how to bring your production to market and maximize value. Gary Marchiori 716.614.1800 Tim Wright President www.energymarkllc.com Vice President 6653 Main St. • Williamsville, NY 14221 The Pipeline 4 Spring 2016 The Pipeline 17 Spring 2016 & OIL GAS SUPPORT SERVICES ENGINEERING | SURVEYING | E N V I R O N M E N TA L Trust built on experience and expertise At Erdman Anthony, we combine critical, multidisciplinary support services with more than six decades of high-level, award-winning industry experience to create a formula for oil and gas success that will earn your confidence from day one. Benefit from our expertise in a range of key areas: • Broad-based services, from surveys to site development and road repair • Valuable expertise as an experienced Marcellus Shale service provider • Efficient permit processing and approvals • Seamless transitions from project to project • A strong regional presence and familiarity with the area, people, and policies to keep things running smoothly Support at every phase of your project Whether you are acquiring land or completing access roads, physically collecting and moving oil and gas, or executing oil and gas delivery to end users, Erdman Anthony is able to support you at every critical juncture. UPSTREAM PROUD MEMBERS MIDSTREAM • Leasing/Land Rights • Siting • Completion • Production Transport • Facilities Design and Management DOWNSTREAM • Refining • Retail Put us to work for you. Contact Scott Masciantoni at (412) 494-0505 ext. 5108 or email: masciantonis@erdmananthony.com Or learn more at www.erdmananthony.com/oilandgas. The Pipeline 16 Spring 2016 Seth D. Pullen is a Senior Associate with Hodgson Russ LLP. Seth concentrates his practice in the area of oil and gas law. He assists exploration and production companies in all aspects of the oil and gas industry. His experience includes acquisitions of leases and wells, commercial real estate transactions, related litigation, and advising closely held businesses. R ecent market conditions and low energy prices have created significant financial pressure on many companies in the oil and gas industry, both in New York and nationally. As a result, some oil and gas production companies have filed for bankruptcy and others may be forced to consider that option in coming months. One factor that a company considering bankruptcy needs to be aware of is that well plugging liability under the New York State Environmental Conservation Law (“ECL”) may survive a filing for federal bankruptcy protection, and can become the personal liability of the principal owners or officers of a bankrupt company. Article 23 of the ECL and Title 6 of the NY Codes, Rules and Regulations states that it is “unlawful for any owner or operator to abandon any well, wells or lease without having plugged and abandoned such well…” (6 NYCRR §555.1). The cost of properly plugging and abandoning an oil or gas well can be quite significant, and may far exceed the financial security bond or deposit that well operators are required to maintain with the New York State Department of Environmental Conservation (“DEC”). If a struggling oil and gas production company files for bankruptcy, the cost of plugging its uneconomic wells may exceed the amount of both the financial security and the available assets of its bankruptcy estate. The federal bankruptcy code will shield owners The Pipeline Beware of Well Plugging Liability when Contemplating Banruptcy By Seth Pullen, Hodgson Russ LLP from most debts of a company that files for protection, but does not address liabilities for compliance with laws and regulations. Such liabilities can potentially survive bankruptcy, and may attach to individuals who are responsible for the company’s compliance. The DEC has not issued regulations or clear policies addressing whether it will pursue individual owners or officers of a bankrupt company for unfunded plugging liability. However, the unofficial position that the DEC takes is that failure ... “responsible officers” can be held liable. to properly plug and abandon an oil or gas well is a violation of the ECL, for which both a business and its “responsible officers” can be held liable. If a violation of the ECL requires cleanup or remediation, the DEC will first pursue the business, but will also seek an enforcement action against any potentially responsible persons or parties with significant assets. Several decisions of the DEC commissioner illustrate this approach (In the Matter of Carney’s Restaurant, Inc., DEC Case No. R520070221-671; and In the Matter of Supreme Energy Corporation, DEC Case No. 7-1780), where individual business owners were found liable for penalties and remediation costs for violations of the ECL by the business. These cases did not involve oil and gas production, but demonstrate a willingness by the DEC to pursue owners for environmental liabilities of their businesses. The DEC has also commenced enforcement actions against the individual owner of a dissolved company that was the last registered operator of an unplugged well, asserting various violations of the ECL relating to reporting, financial security and well operations. The DEC’s argument is that the “responsible officer doctrine,” also sometimes known as the “responsible corporate officer doctrine,” applies to make individual officers with significant control over the actions of a corporate entity jointly liable for strict liability offenses by the company. This doctrine is an established feature of federal common law and Continued on page 15 GZA GeoEnvironmental, Inc. Geotechnical Environmental Ecology Water Construction Management • Certied AST Inspection • Spill Planning • Upstream & Midstream Environmental Permitting • Construction Management • Water Resourcing • Air Permitting & Monitoring • Geotechnical Engineering GZA GeoEnvironmental, Inc. www.gza.com | 27 Offices Nationwide David Palmerton Principal Wexford, PA o: 724-935-0018 | c: 315-243-2702 Laurel Oil & Gas Corp. A Division of GZA GeoEnvironmental, Inc. www.laureloilandgascorp.com Warren Schoenfelt Bridgeport, WV 724-766-5150 5 Laurel Oil & Gas Corp. • Conventional & Unconventional Drilling & Completion Programs • Operations & Production Services • Workovers & Recompletions • Well Plugging Management • Storage Field Operations • Re-Entry/Sidetracks www.gza.com www.laureloilandgascorp.com Spring 2016 ElexcoIOGA Newsltr 3.5x9.5col.pdf 1 2016-03-10 1:30 PM Upcoming Events IOGANY EVENTS www.iogany.org/events.php July 13-14, 2016 IOGANY Summer Meeting Technical Seminar, Golf & Clay Shoot Tournaments, Exhibits & Barbecue Peek’n Peak Resort Findley Lake, NY • Mineral and Surface Leasing A FULL SERVICE • Right-of-Way Acquisitions LAND COMPANY • Mineral Ownership/Title Curative SERVING • Seismic Permitting NORTH AMERICA • Mapping/GIS Services • Abstracts of Title October 19-20, 2016 IOGANY Annual Meeting Networking Receptions, Technical Seminar Holiday Valley Resort Ellicottville, NY Michigan New York (800) 889-3574 (866) 999-5865 ELEXCO LTD. London, Ontario, Canada C M Ohio (740) 788-8838 Pennsylvania (412) 788-2200 In light of the potential for personal liability, individual owners of a struggling company operating oil and gas wells in New York should carefully evaluate the extent of the company’s plugging liability when considering filing for bankruptcy protection. If facing this situation, it would be wise to consult with attorneys who are familiar with both the ECL and the bankruptcy code. NEW PROSPECT COMPANY NEW PROSPECT COMPANY (800) 603-5263 120 MARGUERITE DRIVE, SUITE 201 • CRANBERRY TOWNSHIP, PA 16066 www.elexco.com MARK A. WILLIAMS mwilliams@newprospect.com Cell: (814) 449-8822 Consultant Business Development Manager Engineering, Completion and Drilling Consultants www.newprospect.com Y New Members MY Membership investment in IOGA of NY connects you to professional colleagues in New York State and beyond. A strong and active membership is essential to IOGA of NY’s advocacy and public education efforts. Thank you for helping IOGA of NY grow. Encourage your colleagues to join you as an IOGA of NY member. New members as of March 1, 2016 CY CMY K GENEVIEVE DISPENZA, Senior Energy Trader National Fuel Resources, Inc. 165 Lawrence Bell Dr,, Williamsville, NY 14221 716-630-6720 / 716-630-6751 fax gdispenza@nfrinc.com Marketer RICHARD GARDNER, Sr. VP of Business Development Millennium Pipeline Co., Inc. One Blue Hill Plaza, 7th Floor, #1565 Pearl River, NY 10965 845-620-1300 / 845-620-1320 fax Allied Industry RON HAPPACH, Chief Operating Officer Millennium Pipeline Co., Inc. One Blue Hill Plaza, 7th Floor, #1565 Pearl River, NY 10965 845-620-1300 / 845-620-1320 fax Allied Industry SAM MCLAUGHLIN, Director of Oil & Gas Fisher Associates 400 Southpointe Blvd, Ste 105, Canonsburg, PA 15317 724-749-1208 smclaughlin@fisherassoc.com Professional July 21-22, 2016 PIOGA Pig Roast, Equipment Show & Conference Seven Springs Mountain Resort, Champion, PA July 19-21, 2016 KOGA 80th Annual Meeting Northern Kentucky Convention Center Covington, KY This one before PIOGA Pig Roast August 7-9, 2016 IOGAWV Summer Meeting The Greenbrier White Sulphur Springs, WV September 9-10, 2016 IOGAWV Sport’s Weekend Lakeview Golf Resort Morgantown, WV The Pipeline to make principal equity owners or officers of a bankrupt company personally liable for well plugging liability. However, even if such an argument was ultimately successful, it would probably require protracted and expensive litigation through the DEC’s administrative law process, followed by additional appeals through the court system. As a further obstacle, the expenses of such litigation would have to be paid for by the individual attempting to avoid liability. Office: (724) 742-1122 Fax: (724) 742-4703 CM April 7, 2016 PIOGA Spring Meeting Rivers Casino Pittsburgh, PA certain federal and state health and safety laws (See United States v. Dotterweich, 320 U.S. 277 (1943)), but neither the ECL, NYCRR or any reported New York court case explicitly applies this doctrine to well plugging liability. The ECL specifically designates certain fees collected by the DEC to cover the costs of plugging abandoned wells where no solvent owner is available to do so. A reasonable counterargument can be made that the responsible officer doctrine should not be applied ELEXCO LAND SERVICES, INC. INDUSTRY EVENTS March 16-18, 2016 OOGA Winter Meeting Hilton Columbus at Easton Columbus, OH Continued from page 5 6 Spring 2016 The Pipeline PAUL MCNALLY, P.M.P., Senior Project Manager Moody and Associates, Inc. 685 Broad Street Extension, Ste 1, Waverly, NY 14892 607-565-8800 / 607-565-8805 fax pmcnally@moody-s.com Professional JIM NICHOLS, Director of Operations Blue Rock Energy Inc. 432 N Franklin St, Syracuse, NY 13204 315-432-4111 jnichols@bluerockenregy.com Marketer NICHOLAS PASQUARELLA, Gas Accountant III National Fuel Gas Distribution Corp. 6363 Main St, Buffalo, NY 14221 716-857-7010 pasquarellan@natfuel.com Allied Industry 15 BILL STONER, President Universal Well Services, Inc. 201 Arch St, 2nd Fl, Meadville, PA 16335 814-337-1983 / 814-333-8877 fax bill.stoner@univwell.com Allied Industry WILLIAM TREMBATH, Natural Resources Group Manager AECOM 257 W. Genesee St., Suite 400, Buffalo, NY 14202 716-856-5636 / 716-856-2545 fax william.trembath@aecom.com Professional MATT XANDER, Sales Manager Axco Energy Inc. 36 E. South St., Corry, PA 16407 814-665-8268 / 814-663-0277 fax axco@erie.net Allied Industry Spring 2016 Continued from page 12 activity. Local natural gas distribution has been an economic Godsend to the northern tier of PA and will expand this year, e.g., a new industrial plant is under construction and will create 150 jobs. The Constitution Pipeline, along with Leatherstocking Gas Company, LLC will bring natural gas to areas of upstate that can only rely on fuel oils and propane for their If we were allowed to convert to natural gas, greenhouse gas emissions would be cut by 30%. All of us that support natural gas development and the use of natural gas in New York State, need to support the construction of the Constitution Pipeline. This is vital infrastructure with tremendous economic, quality of life, and environmental benefits. energy needs. Only 8% of homes and businesses have the availability to use natural gas. Sam McLaughlin, Director of Oil and Gas Fisher Associates Q - What is your new position at Fisher Associates? A - My position is Director of Oil & Gas Work where I will assist them in further developing their growing portfolio of regional and nationa energy projects. They provide consulting services to many of the top oil and gas companies in the country. Q - What is your experience in the energy industry? A - Previously I spent over 30 years at CONSOL Energy. I started in the mines as a laborer while going through WVU. After receiving my degree in Mining Engineering, I was hired full time in the mines and acquired my Forman’s papers. I have been a section boss, longwall boss, longwall coordinator, shift foreman, mine foreman, asst. superintendent, manager of industrial engineering, manager of special project engineering. In 2005, I moved to the gas side of The Pipeline Q - Why did you choose Fisher Associates after retiring from CONSOL? A - When I decided to retire from CONSOL Energy in September 2015, I wanted to go to work for a company that valued their people. After meeting with Fisher, I knew that this was the place for me. Fisher not only values their clients but also value their employees and this was something that was very evident when I was outside looking in. The decision was an easy one for me. I am excited to continue building on to Fisher’s success in the Oil and Gas industry. Fisher values the client and the people that carry the Fisher brand. This, I believe, is a recipe for success that will extend across any industry. Q - Your LinkedIn profile says you’ve worked with the Greene County, PA Habitat for Humanity. What is the most memorable project that you have worked on? 14 Election 2016 By Misichael Michael an as- McDonald By Michael McDonald sistant professor / Posted on Mon, 08 February 2016 Oilprice.com of finance and a Oilprice.com / Posted on Mon, 08. February 2016 frequent consulMichael is an assistant professor of finance and a frequent cconsiderably onsultant to cdompanies iminish the power of the EPA as tant to comparegarding capital structure decisions and investments. He holds a P hD i n f inance states and local governments. This would likel nies regarding and his research has been quoted in the Wall Street Journal and by Bloomberg. He capital structure U.S. economy. Trump presidency decisions investments. holds teaches and classes in the aHe reas of corporate finance and iAnvestments. He has examined international would definitely help investors in a PhD in finance and his research has differences in financial markets, asset pricing anomalies, and the role of analysts in setting securities most conventional energy compabeen quoted in the Wall Street Journal prices as well as He acting as classes a business consultant for several ifferent companies in the areas of finance and by Bloomberg. teaches nies, especially if thedRepublicans inand the areas of corporate finance and economics. retain control of Congress as many investments. He has examined internaare projecting. tional financial markets, As tdifferences he 2016 pin residential race starts to heat up it is time to take a look at the remaining serious asset pricing anomalies, and the role of candidates and what each one might mTed ean Cruz for energy policies and energy companies in the U.S. While a analysts in setting securities prices as lot ascan happen in the nconsultant ext couple of months, the current leaders for the Republican Party are Donald well acting as a business being atRepublican, forTrump, several T different companies in the ed Cruz, and Marco Rubio. For tDespite he Democrats, he race will lCruz ikely come down to a long brawl For instance, Clinton has been cited is perhaps not as favorably inclined areas of finance and C economics. Clinton between Hillary linton and Bernie Sanders. As a bonus, it’s also worth looking aHillary t what M ichael as being against offshore oil drilling, against Keystone XL pipeline, Hillary Cthe linton as president would and likely contin s the 2016 presidential race against drilling in the Arctic. posing all energy subsidies including For i nstance, C linton h as b een c ited as being a Donald Trump starts to heat up it is time to The current market turmoil has crethose for oil companies. While he pipeline, and drilling in the Arctic. take a look at the remaining serious ated a once inaagainst generation opportunihas supported revoking offshore Defying s keptics a nd c onventional w isdom D onald T rump a ppears t o b e a r eal p ossibility a s t he candidates and what each one might ty for savvy energy investors. drilling moratoriums in the past, it is current market tburmoil has prints created a once Republican Presidential nominee. disappointed with a second lace finish The in Iowa’s ut media mean for energy policies and energy Trump Whilst thecaucuses, mainstream very unclear at this stage if thatppoint Whilst t he m ainstream m edia p rints scare stor companies in the a lot stories of oil prices falling he is doing well U.S. in NWhile ew Hampshire and would nationally in the pfor olls. Should Trump win scare the nomination and be relevant energy comcanthen happen the next the ufloor smart investors are setting p their next winning are oil plays. panies given current price ofgoil. the einlection, it icouple s likely of that oil and natural gas the companies would et a big bthrough oost. Trump has actively months, the current leaders for the setting up their next winning oil plays. Cruz is a supporter of the Keystone discussed his interest in confronting OPEC and making the U.S. energy independent. He is a firm Republican Party are Donald Trump, In addition, Clinton supported the XL pipeline, however, and has supIn a ddition, linton supported the December 2 for oil and its importance he overall U.S. ethat conomy. Trump presidency would 2015 dCefinitely Tedadvocate Cruz, and Marco Rubio. For the in tported December Paris Climate Accord. the view globalAwarming likely be isuggests nclined new regulations tha help investors in mwill ost likely conventional companies, especially if the Republicans control towards oshe f would Democrats, the race come energy All ofretain this likely is a natural phenomenon rather than down to a long brawl Hillary and automakers. As new a staunch advocate of env be inclined towards regulations manmade. Congress as m any abetween re projecting. Clinton and Bernie Sanders. As a that would utilities, actions to sharm upport solar conventional and wind power comp bonus, also worth looking at what Ted Cit’s ruz energy companies, automakers. Marco Rubio those industries, it and is unclear what additional c Michael Bloomberg might do for As a staunch advocate of environenergy companies, Clinton Presidency mi Despite a Rthe epublican, Cruz is perhaps not as favorably towards energy companies as so awould energy if hebeing enters Presidential mental policies, Clinton likely Rubio appears to be ianclined supporthave a p ronounced n egative i mpact race and wins. actions to support solar on all con Trump or Rubio. Cruz is cited as opposing energy subsidies ncluding oil cvarious ompanies. While er ofall conventional fossil ifuels like those for take and wind power companies. Trump Cruz. Inin particular, he has supported revoking offshore drilling mand oratoriums the past, Rubio it is very unclear at this stage if that With the Bernie passage Sanders of continuing subsiDonald Trump recent is in favor of stopping the EPA’s point would be relevant for energy companies given the current price of oil. Cruz is a supporter of the dies for those industries, it is unclear clean Power Plan, which would Sanders is arguably even measures more progressive tha Keystone XL pipeline, however, and has supported the view global warming what is a nadditional atural Defying skeptics and conventional concrete likely help certain utilitythat companies the s ame p olicies a s C linton or Obama, and po phenomenon rather appears than manmade. wisdom Donald Trump to Clinton could take to help renewtremendously and could provide a be a real possibility as the Repubable energy companies, soOabama’s Clintonproposed $ energy production. While small boost to coal miners. Rubio as Macro Rubio nominee. Trump lican Presidential Presidency might have a muted President would also considerably presidency, if Sanders were to beffect ecome preside disappointed with a second place on those firms. It would likely have a diminish the power of the EPA as a allow h im t o i mplement t hat t ax, Rubio appears to be a sbut upporter fossil fuels like Trump and Cruz. In particular, Rubio is in on allwhich of cou finish in Iowa’s caucuses, he is of conventional pronounced negative impact regulatory authority instead giving Sanders is also in favor of a tax on carbon emi favor of in stopping the EPA’s and clean Power Plan, likely companies doing well New Hampshire conventional energy firms. more ofwahich role w toould states andhelp localcertain utility nationally in the polls. Trumpa small businesses across a variety of indus tremendously and cShould ould provide boost to coal miners. s President numerous would also governments. This wouldRubio likelyahelp win the nomination and then the Bernie Sanders many conventional energy compabe harmful for most major U.S. manufactures election, it is likely that oil and natnies. ural gas companies would get a big Sanders is arguably even more Michael Bloomberg boost. Trump has actively discussed progressive than Hillary Clinton, so it Hillary Clinton his interest in confronting OPEC If M ichael loomberg does eallnd p entering th is likely thatBhe would adopt ofuthe and making the U.S. energy indesame policies as Clinton or Obama, Hillary Clinton as president would both political parties into turmoil. Should Bloo pendent. He is a firm advocate for and potentially put even greater likely continue many of the policies represent a middle ground between anti-‐rene oil and its importance in the overall advocated by President Obama. Continued on page 9 towards energy companies as What Our Members Say CONSOL and was GM of Northern Operations, VP of SWPA Operations and the Corporate VP of Land Resources - Marcellus activity. I led the development of CONSOL’s directional drilling program for the Marcellus / Utica shale region. Bloomberg might do for energy if he enters residential and ins. Trumpthe or PRubio. Cruz risace cited aswop- A - I really enjoyed the times when many of my CONSOL co-workers would volunteer with me. Sometimes there would 20-25 of us working together for an entire weekend to help those in our community. It was wonderful when those two entities came together for a common goal to help those in need. Q - Concerning your hobbies of golf and boating – what is the most interesting golf course you’ve played and what is your favorite lake to boat on? A - I had a wonderful time playing golf in the Pro-Am at The Greenbrier with David Hearn. It was quite a memorable event. I love to boat and fish anywhere but my favorite spot is Stonewall Jackson Lake in West Virginia. It is a wonderful scenic lake and so relaxing! Q - Is there anything else you’d like us to know about you? A - I’ve been married for 33 years to my high school sweetheart. We have two grown children and two grandchildren who we adore. We are a very close knit family. Spring 2016 A The Pipeline 7 energy policies of the Democrats. Bloomberg environmental concerns. The coal industry, ho Spring 2016 money trying to kill off coal plants in the Unite Industry Cycle: Lower for Longer How much longer can you take? Twin Tiers Society of Petroleum Engineers Would help us us establish a New Twin Tiers SPE WouldYOU YOU help establish a new Student Twin Tiers Chapter??? SPE Student CHAPTER??? Did you know students a college or university offeringor a four-year degree Did that YOU know at that students at a college university offering four-year degree* the oil and gas related to theaoil and gas industry mayrelated petition to to form an official industry may petition an official SPE student chapter? We to askform your help!! SPE student chapter? The process is NOT complicated and the rewards are fantastic! We ask your help!! ❶ There must be 15 (Yes only 15) students at the college or university Thewant process is NOT complicated who to be SPE members. And are fantastic ❷ A faculty member must be found to act asthe the rewards new Student Chapter's FIRST: ADVISOR There must be 15… [yes only 15] … students at the ❸ There mustor beuniversity 15 (Yes only 15) WANT students the college or university college who toatbe SPE members. who want to be SPE members. SECOND: faculty of member muststudents be found toelect act as the ❹ Students call aAmeeting INTERESTED and officers new Student Chapter’s ADVISOR. ➎ The DEPARTMENT Head “OK” is a BIG must! ❻ the usual paperwork then [ie. a new SPETiers] student Chapter is to onthe THIRD: The SPE and Section Twin CLOSEST their way or university must request a letter of support. college If YOU would Students like to help establish a new SPE Student CHAPTER FOURTH: call a meeting of INTERESTED students Please contact me: and elect officers. Nat Hendricks Chairperson, Twin Tiers SPE gnathendricks@verizon.net FIFTH: The DEPARTMENT head “OK” is a BIG must…! ADVERTISE IN THE PIPELINE AND REACH LIKE MINDED BUSINESSES VISIT WWW.IOGANY.ORG FOR DETAILS. P.S. we have a new Twin Teirs SPE Student Chapter at Lackawanna College SIXTH: ………the paperwork……. and on inusual the works at Cornell University! andthen a new SPE student CHAPTER is on their way. [*] Two year schools need approval from HQ… PURCHASING Michē Needham C. Needham, CPA Michéē is a Tax Principal mneedham@lumsdencpa.com atEmail: Lumsden & McCormick, LLP and By Miché C. Needham, CPA isMichē Needham is a Tax Principal at Lumsden & McCormick, LLP and is responsible responsible for development and and implementation for development tax esupply ngagement strategies. She works with may appear likely. These • Evaluateof your chain bankruptcy implementation of business and individual tax clients in order to assure conformity with federal management, not by demandsolutionsand bear many implications and tax engagement state tax standards and to minimize t axes a nd r elated c osts. ing price concessions, but companies should plan for the best strategies. She working differently with your but expect the worst. Understanding works with business and individual suppliers and reaching fair pricyour options and preparation are key tax clients in order to assure coning models. elements to any successful restructurformity with federal and state tax Climate Change is Focus as Independent Producers Struggle ing or reorganization. But in the end, standards and to minimize taxes and • The same can be said for your you must still have a business and related costs. base maintaining This year's proposed Federal Government budget customer is aimed to take and action on climate change cash by repealing flow plan which are feasible to ordinary business deductions for the Oil and Gas Industry. Many independent producers continue and oil field your customer relationships, and survive. You are strongservices companies are feeling the pressure on returns, cutting capital expenditures and ly limiting cash to seek the advice of work differently to reach a fair encouraged he energy sector has always flow gbeen rowth. Some independents will not survive pricing and be model forced tduring o sell othe ff or current consolidate as athey cannot trusted professional to guide you impacted by ever-presgenerate t he c ash f low n eeded t o m aintain c apital p rograms a nd i nvestments. economic landscape. through your options, implications and ent industry cycles but at the close outcomes. of 2015 the bust has not seen its The focus on climate change would boost funding for alternative energy sources such as wind and solar While much of this may seem As the bust continues to make end. Massive cost cutting has and permanently extend breathing tax credits specific to this sector. funding these renewable energy easier said than The done, usingfor these its impact, the industry will hardly offered some short-term sources would come from increasing tax revenues from the Oil and Gas Industry and trimmed spending strategies to emerge from this disappear. Every company will be space. Could this panicky response on the Department of Energy's fossil energy downturn research. Twill herefore, the result would the Oil in a different way. You will help prepare you to be to disallow challenged leave your business unequipped for and Gas Industry from using targeted deductions, which are not unique to this industry, to fund the tax cope more effectively with the shorthave to rise to the occasion, reposithe next turn of the business cycle? credits that are specific to the renewable energy sector. ening boom and bust cycle. tion yourself accordingly and seek As the entirety of the energy sector For those much farther in distress, strategic long-term opportunities for continues to struggle with depressed Higher taxes are not the answer needed to bracing help independent producers stay afloat for financial restructuring or in this the sector future.as commodity prices and reduced prices plummet. The tax proposal would discourage future investment in an industry that is providing liquidity, it is time to reassess the abundant, affordable domestic energy, supporting growth and job creation while moving our nation purpose and strategic direction of toward energy independence. your company. We need policies that will encourage investments and allow America to maintain its competitive edge in • Your business strategy should the market place. If not, the future status of our independent producers as we know it may cease to be focused on what you do best Retirement congratulations go out exist. The Big Oil Companies will be quick to merge or acquire our struggling producers and field service and where you already have to the following gentlemen who companies to gain an edge into regions they largely missed out on. Will you be able to survive the massive strength, instead of have been long-time members of shakeout? broadening your business to IOGANY. We wish you the very pursue every opportunity you ™ Call-‐Up session to The Independent Petroleum Association of America will be holding a Congressional best in the next season of your life! see. educate officials on the impact this proposal will have on independent producers. I strongly encourage you to visit, www.iogany.org/links and select Independent Petroleum Association of America for more MIKE BIELAWSKI • Despite tighter cash flows, avoid BROWZ details. Your cost participation is critical our independent producers. arbitrary cutting and seekto the future of NETWORK National Fuel Resources longer-term solutions. The need MEMBER to build capability with a sustainMIKE SENDOR •DrillingPadConstruction able people strategy remains Nussbaumer & Clarke •SWPPPImplementation essential to stay afloat and •RoadConstruction be prepared for the uncertain GREG SOVAS future. •PublicRoadRestoration XRM, LLC T In the News If YOU would like to help establish a new SPE Student CHAPTER please contact me: LOCAL PRODUCTION FOR 25 YEARS. Nat Hendricks, Chairperson, Twin Tiers SPE GNATHENDRICKS@VERIZON.NET p.s. we have a newTwin Tiers SPE Student Chapter at Lackawanna College and one in the works at Cornell University…. Since 1991, National Fuel Resources, Inc.’s (NFR) origins as a deregulated natural gas supplier have been rooted in local Appalachian production. TM We take pride in our business reputation and NFR is proud to support and be a member of the Independent Oil & Gas Association of NY. • Seek efficiencies by capturing the value of technology to help facilitate more work while reducing overhead. •WetlandRestoration •TemporaryBridges •CraneRentalandErection •EnvironmentalRemediation WWW.DACOLLINS.COM DAN CZECHOWICZ • (716) 630-6717 • DCZECHOWICZ@NFRINC.COM The Pipeline 8 Spring 2016 The Pipeline 13 Spring 2016 Continued from page 7 Rob is a board member of the Joint Landowners Coalition of New York and the JLC United. He also works as the Videographer for the JLCNY. Rob is a NYS Licensed Massage Therapist in Binghamton, NY. As a lifelong resident of Vestal, NY he became involved in the landowners efforts to bring natural gas development to NYS after learning that it truly can be done safely and responsibly with sensible regulation. S ome very important information was presented at the Rally in Afton for the Constitution Pipeline. The Rally, sponsored by the Joint Landowners Coalition of NY (JLCNY), took place on Saturday, January 23rd, at The River Club of Afton, Afton, New York. The turnout was terrific with nearly 400 attending from Labor, Landowners, the Business Community, and Local and State Leadership. Eleven spoke representing the attendees. The complete rally video can be seen on the jlcny. org website. Video link: http://www.jlcny.org/site/ recent-videos The Afton rally followed a vigorous ‘Postcard to Cuomo’ campaign which saw almost 13,000 postcards signed and sent to the governor in support of the Constitution Pipeline. This project means jobs for idle labor union members, some of which are running out of their unemployment insurance. In fact, 2400 jobs and $130 million in labor income would be generated from the Constitution Pipeline project. It will also generate $13 million in annual property tax revenue. Approximately 60% will be paid directly to benefit local school districts along the Constitution Pipeline route, lowering the tax burden for residents. There are 2.5 million miles of pipeline in the US. The NYS Energy Plan states that NY needs additional pipelines, and the 125-mile Constitution Pipeline is part of that plan. The Pipeline Pipeline Rally in Afton By Rob Rano, JLCNY Board Member It will serve approximately 3 million homes. Natural gas would be made available through 4 delivery taps along the Constitution Pipeline route by Leatherstocking Gas Company, LLC. This will benefit homes, businesses, and schools in New York’s Southern Tier as increased natural gas use has in Northern PA. The Constitution Pipeline received Federal Energy Regulatory Commission (FERC) approval for the project on 12-02-14. The project is currently awaiting the Section 401 Water Quality Certification from the NYS DEC and the Clean Water Act Section 404 permit from the US Army Corps of Engineers. On 02-03-16, FERC authorized the limited tree felling activities along the pipeline right-of-way in PA. FERC has not yet authorized tree felling for the NY portion of the project. This construction work space to fell trees is between November 1st and March 31st. Missing this window is more needless delay. Dave Marsh, Business Manager for Laborers Local 785 (LiUNA), read a letter recently submitted to Governor Cuomo by Armand Sabitoni, LiUNA’s General Secretary Treasurer and New England Regional Manager. In his letter, Sabitoni states: “I truly believe that the years of study, public comment, expert analysis and voluminous reports clearly justify the issuance of the appropriate NYS DEC permits for this project.” 12 Dave Marsh, asked the question, “Can you imagine a company coming to a state wanting to invest $1 Billion, with NO tax incentives, to build important infrastructure that will benefit the towns and counties, and the state puts them through this BS? What’s going on?” Mike Zagata, Former NY DEC Commissioner, stated he hoped the governor would let the DEC do their job. He said, “The Mission of the DEC is to protect the environment AND maintain a vital healthy economy. They are not mutually exclusive, they are intertwined.” Dick Downey, Unatego Central School District Board Member / Unatego Area Landowners Association President, stated, families in the area now pay $3000/year to heat and cook with propane. Natural gas would cut that cost by 30% saving families $900/year. The Unatego School District last year spent $280,000 on propane to heat the schools; with natural gas the cost would be only $8,000. Michael German, President & CEO Leatherstocking Gas Company,LLC, explained, Without the Constitution Pipeline, there is no gas supply, and no local gas distribution. Leatherstocking will continue to spend 10’s of millions of dollars in PA. PA will continue to get the economic benefit, the jobs, and the economic restrictions on conventional energy production. While Obama’s proposed $10-per-barrel tax on oil is not going to happen during his presidency, if Sanders were to become president, it is possible circumstances could arise that would allow him to implement that tax, which of course would be extremely damaging to oil companies. Sanders is also in favor of a tax on carbon emissions which would have wide ranging impacts for numerous businesses across a variety of industries. By and large then, a Sanders presidency would likely be harmful for most major U.S. manufactures and energy companies. Michael Bloomberg If Michael Bloomberg does end up entering the race and running for President it could certainly throw both political parties into turmoil. Should Bloomberg become President, it’s likely that he would represent a middle ground between anti-renewables policies of the Republicans and anti-conventional energy policies of the Democrats. Bloomberg has certainly shown support for climate initiatives and environmental concerns. The coal industry, however, would not be spared. Bloomberg has spent a lot of money trying to kill off coal plants in the United States. However, Bloomberg has also shown a steak of non-ideological pragmatism that includes being willing to approve the Keystone XL pipeline under certain conditions. Given that pragmatism and his reputation as a centrist, Bloomberg would likely have a positive impact on both conventional energy companies and renewables firms alike. 716-372-0395 716-372-0446 (F) also admitted in: pennsylvania and colorado John H. Heyer attorney at law P.O. Box 588 Olean, new york 14760 exchange national bank bldg. ContinContinued on page 14 Spring 2016 The Pipeline 9 Spring 2016 O C ur he N ck ew O Lo ut ok ! COMING SOON! 2016 Membership Directory July 13-14, 2016 1405 Olde Road, Findley Lake, NY 2016 Member Directory IOGANY is excited to introduce our New 2016 Directory which will be a 3 ring binder design. We ask that you keep the binder each year and we’ll send you the updated inside pages each new year. Technical Sessions · Fabulous Cocktail Reception · Golf Tournament · Clay Shoot Tournament · Barbecue · Outdoor Equipment Show Thanks again go out to Dave Perazone with Danzer Forestland, Inc for his graphic design services for the inside cover page. THANK YOU DAVE FOR YOUR SUPPORT! Reinventing American Energy. Reinvigorating the American Economy. Creating American Jobs. Support YOUR Independent Oil & Gas Association 38 Lake St. Hamburg, NY 14075 • Tel: 716-202-4688 • Fax: 716-202-4689 • www.iogany.org • info@iogany.org PRESS RELEASE Annual Meeting October 19-20, 2016 Holiday Valley Resort The Independent Oil and Gas Association of New York (“IOGANY”) has announced its designation of the exclusive publisher and advertising sales agent for the IOGANY Buyers’ Guide (the “Guide”) — Overland Park, Kan.-based Strategic Value Media, a leading nationwide provider of print and digital media solutions to national, state and local trade and membership associations. IOGANY is proud to provide its members with this exclusive, easily accessible, year-round, valuable resource that is expected to be first available this coming Spring. “This comprehensive Guide offers access to a vast network of industry suppliers,” said Brad Gill, Executive Director of IOGANY. “We’re pleased to offer such a needed resource, which will greatly assist industry professionals in making educated purchasing decisions throughout the year.” The Guide will feature updated and expanded company and product listings, in addition to other valuable information relating to the law enforcement industry. The Guide provides users with an efficient way to browse for goods and services and offers IOGANY suppliers and companies exceptional visibility by showcasing their products and services to a targeted, industry-specific buyer group. NYS Route 219, Ellicottville, NY ~ New location this year! ~ Networking Receptions, Technical Presentations and Keynote Speakers The Guide will be accessible through the IOGANY website at www.iogany.org. We encourage you to take advantage of this exceptional opportunity to highlight your products and services. To learn more about advertising your product or services in the Guide, please email iogany-advertise@svmmedia.com The Pipeline 10 Spring 2016 The Pipeline 11 Spring 2016 O C ur he N ck ew O Lo ut ok ! COMING SOON! 2016 Membership Directory July 13-14, 2016 1405 Olde Road, Findley Lake, NY 2016 Member Directory IOGANY is excited to introduce our New 2016 Directory which will be a 3 ring binder design. We ask that you keep the binder each year and we’ll send you the updated inside pages each new year. Technical Sessions · Fabulous Cocktail Reception · Golf Tournament · Clay Shoot Tournament · Barbecue · Outdoor Equipment Show Thanks again go out to Dave Perazone with Danzer Forestland, Inc for his graphic design services for the inside cover page. THANK YOU DAVE FOR YOUR SUPPORT! Reinventing American Energy. Reinvigorating the American Economy. Creating American Jobs. Support YOUR Independent Oil & Gas Association 38 Lake St. Hamburg, NY 14075 • Tel: 716-202-4688 • Fax: 716-202-4689 • www.iogany.org • info@iogany.org PRESS RELEASE Annual Meeting October 19-20, 2016 Holiday Valley Resort The Independent Oil and Gas Association of New York (“IOGANY”) has announced its designation of the exclusive publisher and advertising sales agent for the IOGANY Buyers’ Guide (the “Guide”) — Overland Park, Kan.-based Strategic Value Media, a leading nationwide provider of print and digital media solutions to national, state and local trade and membership associations. IOGANY is proud to provide its members with this exclusive, easily accessible, year-round, valuable resource that is expected to be first available this coming Spring. “This comprehensive Guide offers access to a vast network of industry suppliers,” said Brad Gill, Executive Director of IOGANY. “We’re pleased to offer such a needed resource, which will greatly assist industry professionals in making educated purchasing decisions throughout the year.” The Guide will feature updated and expanded company and product listings, in addition to other valuable information relating to the law enforcement industry. The Guide provides users with an efficient way to browse for goods and services and offers IOGANY suppliers and companies exceptional visibility by showcasing their products and services to a targeted, industry-specific buyer group. NYS Route 219, Ellicottville, NY ~ New location this year! ~ Networking Receptions, Technical Presentations and Keynote Speakers The Guide will be accessible through the IOGANY website at www.iogany.org. We encourage you to take advantage of this exceptional opportunity to highlight your products and services. To learn more about advertising your product or services in the Guide, please email iogany-advertise@svmmedia.com The Pipeline 10 Spring 2016 The Pipeline 11 Spring 2016 Continued from page 7 Rob is a board member of the Joint Landowners Coalition of New York and the JLC United. He also works as the Videographer for the JLCNY. Rob is a NYS Licensed Massage Therapist in Binghamton, NY. As a lifelong resident of Vestal, NY he became involved in the landowners efforts to bring natural gas development to NYS after learning that it truly can be done safely and responsibly with sensible regulation. S ome very important information was presented at the Rally in Afton for the Constitution Pipeline. The Rally, sponsored by the Joint Landowners Coalition of NY (JLCNY), took place on Saturday, January 23rd, at The River Club of Afton, Afton, New York. The turnout was terrific with nearly 400 attending from Labor, Landowners, the Business Community, and Local and State Leadership. Eleven spoke representing the attendees. The complete rally video can be seen on the jlcny. org website. Video link: http://www.jlcny.org/site/ recent-videos The Afton rally followed a vigorous ‘Postcard to Cuomo’ campaign which saw almost 13,000 postcards signed and sent to the governor in support of the Constitution Pipeline. This project means jobs for idle labor union members, some of which are running out of their unemployment insurance. In fact, 2400 jobs and $130 million in labor income would be generated from the Constitution Pipeline project. It will also generate $13 million in annual property tax revenue. Approximately 60% will be paid directly to benefit local school districts along the Constitution Pipeline route, lowering the tax burden for residents. There are 2.5 million miles of pipeline in the US. The NYS Energy Plan states that NY needs additional pipelines, and the 125-mile Constitution Pipeline is part of that plan. The Pipeline Pipeline Rally in Afton By Rob Rano, JLCNY Board Member It will serve approximately 3 million homes. Natural gas would be made available through 4 delivery taps along the Constitution Pipeline route by Leatherstocking Gas Company, LLC. This will benefit homes, businesses, and schools in New York’s Southern Tier as increased natural gas use has in Northern PA. The Constitution Pipeline received Federal Energy Regulatory Commission (FERC) approval for the project on 12-02-14. The project is currently awaiting the Section 401 Water Quality Certification from the NYS DEC and the Clean Water Act Section 404 permit from the US Army Corps of Engineers. On 02-03-16, FERC authorized the limited tree felling activities along the pipeline right-of-way in PA. FERC has not yet authorized tree felling for the NY portion of the project. This construction work space to fell trees is between November 1st and March 31st. Missing this window is more needless delay. Dave Marsh, Business Manager for Laborers Local 785 (LiUNA), read a letter recently submitted to Governor Cuomo by Armand Sabitoni, LiUNA’s General Secretary Treasurer and New England Regional Manager. In his letter, Sabitoni states: “I truly believe that the years of study, public comment, expert analysis and voluminous reports clearly justify the issuance of the appropriate NYS DEC permits for this project.” 12 Dave Marsh, asked the question, “Can you imagine a company coming to a state wanting to invest $1 Billion, with NO tax incentives, to build important infrastructure that will benefit the towns and counties, and the state puts them through this BS? What’s going on?” Mike Zagata, Former NY DEC Commissioner, stated he hoped the governor would let the DEC do their job. He said, “The Mission of the DEC is to protect the environment AND maintain a vital healthy economy. They are not mutually exclusive, they are intertwined.” Dick Downey, Unatego Central School District Board Member / Unatego Area Landowners Association President, stated, families in the area now pay $3000/year to heat and cook with propane. Natural gas would cut that cost by 30% saving families $900/year. The Unatego School District last year spent $280,000 on propane to heat the schools; with natural gas the cost would be only $8,000. Michael German, President & CEO Leatherstocking Gas Company,LLC, explained, Without the Constitution Pipeline, there is no gas supply, and no local gas distribution. Leatherstocking will continue to spend 10’s of millions of dollars in PA. PA will continue to get the economic benefit, the jobs, and the economic restrictions on conventional energy production. While Obama’s proposed $10-per-barrel tax on oil is not going to happen during his presidency, if Sanders were to become president, it is possible circumstances could arise that would allow him to implement that tax, which of course would be extremely damaging to oil companies. Sanders is also in favor of a tax on carbon emissions which would have wide ranging impacts for numerous businesses across a variety of industries. By and large then, a Sanders presidency would likely be harmful for most major U.S. manufactures and energy companies. Michael Bloomberg If Michael Bloomberg does end up entering the race and running for President it could certainly throw both political parties into turmoil. Should Bloomberg become President, it’s likely that he would represent a middle ground between anti-renewables policies of the Republicans and anti-conventional energy policies of the Democrats. Bloomberg has certainly shown support for climate initiatives and environmental concerns. The coal industry, however, would not be spared. Bloomberg has spent a lot of money trying to kill off coal plants in the United States. However, Bloomberg has also shown a steak of non-ideological pragmatism that includes being willing to approve the Keystone XL pipeline under certain conditions. Given that pragmatism and his reputation as a centrist, Bloomberg would likely have a positive impact on both conventional energy companies and renewables firms alike. 716-372-0395 716-372-0446 (F) also admitted in: pennsylvania and colorado John H. Heyer attorney at law P.O. Box 588 Olean, new york 14760 exchange national bank bldg. ContinContinued on page 14 Spring 2016 The Pipeline 9 Spring 2016 Industry Cycle: Lower for Longer How much longer can you take? Twin Tiers Society of Petroleum Engineers Would help us us establish a New Twin Tiers SPE WouldYOU YOU help establish a new Student Twin Tiers Chapter??? SPE Student CHAPTER??? Did you know students a college or university offeringor a four-year degree Did that YOU know at that students at a college university offering four-year degree* the oil and gas related to theaoil and gas industry mayrelated petition to to form an official industry may petition an official SPE student chapter? We to askform your help!! SPE student chapter? The process is NOT complicated and the rewards are fantastic! We ask your help!! ❶ There must be 15 (Yes only 15) students at the college or university Thewant process is NOT complicated who to be SPE members. And are fantastic ❷ A faculty member must be found to act asthe the rewards new Student Chapter's FIRST: ADVISOR There must be 15… [yes only 15] … students at the ❸ There mustor beuniversity 15 (Yes only 15) WANT students the college or university college who toatbe SPE members. who want to be SPE members. SECOND: faculty of member muststudents be found toelect act as the ❹ Students call aAmeeting INTERESTED and officers new Student Chapter’s ADVISOR. ➎ The DEPARTMENT Head “OK” is a BIG must! ❻ the usual paperwork then [ie. a new SPETiers] student Chapter is to onthe THIRD: The SPE and Section Twin CLOSEST their way or university must request a letter of support. college If YOU would Students like to help establish a new SPE Student CHAPTER FOURTH: call a meeting of INTERESTED students Please contact me: and elect officers. Nat Hendricks Chairperson, Twin Tiers SPE gnathendricks@verizon.net FIFTH: The DEPARTMENT head “OK” is a BIG must…! ADVERTISE IN THE PIPELINE AND REACH LIKE MINDED BUSINESSES VISIT WWW.IOGANY.ORG FOR DETAILS. P.S. we have a new Twin Teirs SPE Student Chapter at Lackawanna College SIXTH: ………the paperwork……. and on inusual the works at Cornell University! andthen a new SPE student CHAPTER is on their way. [*] Two year schools need approval from HQ… PURCHASING Michē Needham C. Needham, CPA Michéē is a Tax Principal mneedham@lumsdencpa.com atEmail: Lumsden & McCormick, LLP and By Miché C. Needham, CPA isMichē Needham is a Tax Principal at Lumsden & McCormick, LLP and is responsible responsible for development and and implementation for development tax esupply ngagement strategies. She works with may appear likely. These • Evaluateof your chain bankruptcy implementation of business and individual tax clients in order to assure conformity with federal management, not by demandsolutionsand bear many implications and tax engagement state tax standards and to minimize t axes a nd r elated c osts. ing price concessions, but companies should plan for the best strategies. She working differently with your but expect the worst. Understanding works with business and individual suppliers and reaching fair pricyour options and preparation are key tax clients in order to assure coning models. elements to any successful restructurformity with federal and state tax Climate Change is Focus as Independent Producers Struggle ing or reorganization. But in the end, standards and to minimize taxes and • The same can be said for your you must still have a business and related costs. base maintaining This year's proposed Federal Government budget customer is aimed to take and action on climate change cash by repealing flow plan which are feasible to ordinary business deductions for the Oil and Gas Industry. Many independent producers continue and oil field your customer relationships, and survive. You are strongservices companies are feeling the pressure on returns, cutting capital expenditures and ly limiting cash to seek the advice of work differently to reach a fair encouraged he energy sector has always flow gbeen rowth. Some independents will not survive pricing and be model forced tduring o sell othe ff or current consolidate as athey cannot trusted professional to guide you impacted by ever-presgenerate t he c ash f low n eeded t o m aintain c apital p rograms a nd i nvestments. economic landscape. through your options, implications and ent industry cycles but at the close outcomes. of 2015 the bust has not seen its The focus on climate change would boost funding for alternative energy sources such as wind and solar While much of this may seem As the bust continues to make end. Massive cost cutting has and permanently extend breathing tax credits specific to this sector. funding these renewable energy easier said than The done, usingfor these its impact, the industry will hardly offered some short-term sources would come from increasing tax revenues from the Oil and Gas Industry and trimmed spending strategies to emerge from this disappear. Every company will be space. Could this panicky response on the Department of Energy's fossil energy downturn research. Twill herefore, the result would the Oil in a different way. You will help prepare you to be to disallow challenged leave your business unequipped for and Gas Industry from using targeted deductions, which are not unique to this industry, to fund the tax cope more effectively with the shorthave to rise to the occasion, reposithe next turn of the business cycle? credits that are specific to the renewable energy sector. ening boom and bust cycle. tion yourself accordingly and seek As the entirety of the energy sector For those much farther in distress, strategic long-term opportunities for continues to struggle with depressed Higher taxes are not the answer needed to bracing help independent producers stay afloat for financial restructuring or in this the sector future.as commodity prices and reduced prices plummet. The tax proposal would discourage future investment in an industry that is providing liquidity, it is time to reassess the abundant, affordable domestic energy, supporting growth and job creation while moving our nation purpose and strategic direction of toward energy independence. your company. We need policies that will encourage investments and allow America to maintain its competitive edge in • Your business strategy should the market place. If not, the future status of our independent producers as we know it may cease to be focused on what you do best Retirement congratulations go out exist. The Big Oil Companies will be quick to merge or acquire our struggling producers and field service and where you already have to the following gentlemen who companies to gain an edge into regions they largely missed out on. Will you be able to survive the massive strength, instead of have been long-time members of shakeout? broadening your business to IOGANY. We wish you the very pursue every opportunity you ™ Call-‐Up session to The Independent Petroleum Association of America will be holding a Congressional best in the next season of your life! see. educate officials on the impact this proposal will have on independent producers. I strongly encourage you to visit, www.iogany.org/links and select Independent Petroleum Association of America for more MIKE BIELAWSKI • Despite tighter cash flows, avoid BROWZ details. Your cost participation is critical our independent producers. arbitrary cutting and seekto the future of NETWORK National Fuel Resources longer-term solutions. The need MEMBER to build capability with a sustainMIKE SENDOR •DrillingPadConstruction able people strategy remains Nussbaumer & Clarke •SWPPPImplementation essential to stay afloat and •RoadConstruction be prepared for the uncertain GREG SOVAS future. •PublicRoadRestoration XRM, LLC T In the News If YOU would like to help establish a new SPE Student CHAPTER please contact me: LOCAL PRODUCTION FOR 25 YEARS. Nat Hendricks, Chairperson, Twin Tiers SPE GNATHENDRICKS@VERIZON.NET p.s. we have a newTwin Tiers SPE Student Chapter at Lackawanna College and one in the works at Cornell University…. Since 1991, National Fuel Resources, Inc.’s (NFR) origins as a deregulated natural gas supplier have been rooted in local Appalachian production. TM We take pride in our business reputation and NFR is proud to support and be a member of the Independent Oil & Gas Association of NY. • Seek efficiencies by capturing the value of technology to help facilitate more work while reducing overhead. •WetlandRestoration •TemporaryBridges •CraneRentalandErection •EnvironmentalRemediation WWW.DACOLLINS.COM DAN CZECHOWICZ • (716) 630-6717 • DCZECHOWICZ@NFRINC.COM The Pipeline 8 Spring 2016 The Pipeline 13 Spring 2016 Continued from page 12 activity. Local natural gas distribution has been an economic Godsend to the northern tier of PA and will expand this year, e.g., a new industrial plant is under construction and will create 150 jobs. The Constitution Pipeline, along with Leatherstocking Gas Company, LLC will bring natural gas to areas of upstate that can only rely on fuel oils and propane for their If we were allowed to convert to natural gas, greenhouse gas emissions would be cut by 30%. All of us that support natural gas development and the use of natural gas in New York State, need to support the construction of the Constitution Pipeline. This is vital infrastructure with tremendous economic, quality of life, and environmental benefits. energy needs. Only 8% of homes and businesses have the availability to use natural gas. Sam McLaughlin, Director of Oil and Gas Fisher Associates Q - What is your new position at Fisher Associates? A - My position is Director of Oil & Gas Work where I will assist them in further developing their growing portfolio of regional and nationa energy projects. They provide consulting services to many of the top oil and gas companies in the country. Q - What is your experience in the energy industry? A - Previously I spent over 30 years at CONSOL Energy. I started in the mines as a laborer while going through WVU. After receiving my degree in Mining Engineering, I was hired full time in the mines and acquired my Forman’s papers. I have been a section boss, longwall boss, longwall coordinator, shift foreman, mine foreman, asst. superintendent, manager of industrial engineering, manager of special project engineering. In 2005, I moved to the gas side of The Pipeline Q - Why did you choose Fisher Associates after retiring from CONSOL? A - When I decided to retire from CONSOL Energy in September 2015, I wanted to go to work for a company that valued their people. After meeting with Fisher, I knew that this was the place for me. Fisher not only values their clients but also value their employees and this was something that was very evident when I was outside looking in. The decision was an easy one for me. I am excited to continue building on to Fisher’s success in the Oil and Gas industry. Fisher values the client and the people that carry the Fisher brand. This, I believe, is a recipe for success that will extend across any industry. Q - Your LinkedIn profile says you’ve worked with the Greene County, PA Habitat for Humanity. What is the most memorable project that you have worked on? 14 Election 2016 By Misichael Michael an as- McDonald By Michael McDonald sistant professor / Posted on Mon, 08 February 2016 Oilprice.com of finance and a Oilprice.com / Posted on Mon, 08. February 2016 frequent consulMichael is an assistant professor of finance and a frequent cconsiderably onsultant to cdompanies iminish the power of the EPA as tant to comparegarding capital structure decisions and investments. He holds a P hD i n f inance states and local governments. This would likel nies regarding and his research has been quoted in the Wall Street Journal and by Bloomberg. He capital structure U.S. economy. Trump presidency decisions investments. holds teaches and classes in the aHe reas of corporate finance and iAnvestments. He has examined international would definitely help investors in a PhD in finance and his research has differences in financial markets, asset pricing anomalies, and the role of analysts in setting securities most conventional energy compabeen quoted in the Wall Street Journal prices as well as He acting as classes a business consultant for several ifferent companies in the areas of finance and by Bloomberg. teaches nies, especially if thedRepublicans inand the areas of corporate finance and economics. retain control of Congress as many investments. He has examined internaare projecting. tional financial markets, As tdifferences he 2016 pin residential race starts to heat up it is time to take a look at the remaining serious asset pricing anomalies, and the role of candidates and what each one might mTed ean Cruz for energy policies and energy companies in the U.S. While a analysts in setting securities prices as lot ascan happen in the nconsultant ext couple of months, the current leaders for the Republican Party are Donald well acting as a business being atRepublican, forTrump, several T different companies in the ed Cruz, and Marco Rubio. For tDespite he Democrats, he race will lCruz ikely come down to a long brawl For instance, Clinton has been cited is perhaps not as favorably inclined areas of finance and C economics. Clinton between Hillary linton and Bernie Sanders. As a bonus, it’s also worth looking aHillary t what M ichael as being against offshore oil drilling, against Keystone XL pipeline, Hillary Cthe linton as president would and likely contin s the 2016 presidential race against drilling in the Arctic. posing all energy subsidies including For i nstance, C linton h as b een c ited as being a Donald Trump starts to heat up it is time to The current market turmoil has crethose for oil companies. While he pipeline, and drilling in the Arctic. take a look at the remaining serious ated a once inaagainst generation opportunihas supported revoking offshore Defying s keptics a nd c onventional w isdom D onald T rump a ppears t o b e a r eal p ossibility a s t he candidates and what each one might ty for savvy energy investors. drilling moratoriums in the past, it is current market tburmoil has prints created a once Republican Presidential nominee. disappointed with a second lace finish The in Iowa’s ut media mean for energy policies and energy Trump Whilst thecaucuses, mainstream very unclear at this stage if thatppoint Whilst t he m ainstream m edia p rints scare stor companies in the a lot stories of oil prices falling he is doing well U.S. in NWhile ew Hampshire and would nationally in the pfor olls. Should Trump win scare the nomination and be relevant energy comcanthen happen the next the ufloor smart investors are setting p their next winning are oil plays. panies given current price ofgoil. the einlection, it icouple s likely of that oil and natural gas the companies would et a big bthrough oost. Trump has actively months, the current leaders for the setting up their next winning oil plays. Cruz is a supporter of the Keystone discussed his interest in confronting OPEC and making the U.S. energy independent. He is a firm Republican Party are Donald Trump, In addition, Clinton supported the XL pipeline, however, and has supIn a ddition, linton supported the December 2 for oil and its importance he overall U.S. ethat conomy. Trump presidency would 2015 dCefinitely Tedadvocate Cruz, and Marco Rubio. For the in tported December Paris Climate Accord. the view globalAwarming likely be isuggests nclined new regulations tha help investors in mwill ost likely conventional companies, especially if the Republicans control towards oshe f would Democrats, the race come energy All ofretain this likely is a natural phenomenon rather than down to a long brawl Hillary and automakers. As new a staunch advocate of env be inclined towards regulations manmade. Congress as m any abetween re projecting. Clinton and Bernie Sanders. As a that would utilities, actions to sharm upport solar conventional and wind power comp bonus, also worth looking at what Ted Cit’s ruz energy companies, automakers. Marco Rubio those industries, it and is unclear what additional c Michael Bloomberg might do for As a staunch advocate of environenergy companies, Clinton Presidency mi Despite a Rthe epublican, Cruz is perhaps not as favorably towards energy companies as so awould energy if hebeing enters Presidential mental policies, Clinton likely Rubio appears to be ianclined supporthave a p ronounced n egative i mpact race and wins. actions to support solar on all con Trump or Rubio. Cruz is cited as opposing energy subsidies ncluding oil cvarious ompanies. While er ofall conventional fossil ifuels like those for take and wind power companies. Trump Cruz. Inin particular, he has supported revoking offshore drilling mand oratoriums the past, Rubio it is very unclear at this stage if that With the Bernie passage Sanders of continuing subsiDonald Trump recent is in favor of stopping the EPA’s point would be relevant for energy companies given the current price of oil. Cruz is a supporter of the dies for those industries, it is unclear clean Power Plan, which would Sanders is arguably even measures more progressive tha Keystone XL pipeline, however, and has supported the view global warming what is a nadditional atural Defying skeptics and conventional concrete likely help certain utilitythat companies the s ame p olicies a s C linton or Obama, and po phenomenon rather appears than manmade. wisdom Donald Trump to Clinton could take to help renewtremendously and could provide a be a real possibility as the Repubable energy companies, soOabama’s Clintonproposed $ energy production. While small boost to coal miners. Rubio as Macro Rubio nominee. Trump lican Presidential Presidency might have a muted President would also considerably presidency, if Sanders were to beffect ecome preside disappointed with a second place on those firms. It would likely have a diminish the power of the EPA as a allow h im t o i mplement t hat t ax, Rubio appears to be a sbut upporter fossil fuels like Trump and Cruz. In particular, Rubio is in on allwhich of cou finish in Iowa’s caucuses, he is of conventional pronounced negative impact regulatory authority instead giving Sanders is also in favor of a tax on carbon emi favor of in stopping the EPA’s and clean Power Plan, likely companies doing well New Hampshire conventional energy firms. more ofwahich role w toould states andhelp localcertain utility nationally in the polls. Trumpa small businesses across a variety of indus tremendously and cShould ould provide boost to coal miners. s President numerous would also governments. This wouldRubio likelyahelp win the nomination and then the Bernie Sanders many conventional energy compabe harmful for most major U.S. manufactures election, it is likely that oil and natnies. ural gas companies would get a big Sanders is arguably even more Michael Bloomberg boost. Trump has actively discussed progressive than Hillary Clinton, so it Hillary Clinton his interest in confronting OPEC If M ichael loomberg does eallnd p entering th is likely thatBhe would adopt ofuthe and making the U.S. energy indesame policies as Clinton or Obama, Hillary Clinton as president would both political parties into turmoil. Should Bloo pendent. He is a firm advocate for and potentially put even greater likely continue many of the policies represent a middle ground between anti-‐rene oil and its importance in the overall advocated by President Obama. Continued on page 9 towards energy companies as What Our Members Say CONSOL and was GM of Northern Operations, VP of SWPA Operations and the Corporate VP of Land Resources - Marcellus activity. I led the development of CONSOL’s directional drilling program for the Marcellus / Utica shale region. Bloomberg might do for energy if he enters residential and ins. Trumpthe or PRubio. Cruz risace cited aswop- A - I really enjoyed the times when many of my CONSOL co-workers would volunteer with me. Sometimes there would 20-25 of us working together for an entire weekend to help those in our community. It was wonderful when those two entities came together for a common goal to help those in need. Q - Concerning your hobbies of golf and boating – what is the most interesting golf course you’ve played and what is your favorite lake to boat on? A - I had a wonderful time playing golf in the Pro-Am at The Greenbrier with David Hearn. It was quite a memorable event. I love to boat and fish anywhere but my favorite spot is Stonewall Jackson Lake in West Virginia. It is a wonderful scenic lake and so relaxing! Q - Is there anything else you’d like us to know about you? A - I’ve been married for 33 years to my high school sweetheart. We have two grown children and two grandchildren who we adore. We are a very close knit family. Spring 2016 A The Pipeline 7 energy policies of the Democrats. Bloomberg environmental concerns. The coal industry, ho Spring 2016 money trying to kill off coal plants in the Unite ElexcoIOGA Newsltr 3.5x9.5col.pdf 1 2016-03-10 1:30 PM Upcoming Events IOGANY EVENTS www.iogany.org/events.php July 13-14, 2016 IOGANY Summer Meeting Technical Seminar, Golf & Clay Shoot Tournaments, Exhibits & Barbecue Peek’n Peak Resort Findley Lake, NY • Mineral and Surface Leasing A FULL SERVICE • Right-of-Way Acquisitions LAND COMPANY • Mineral Ownership/Title Curative SERVING • Seismic Permitting NORTH AMERICA • Mapping/GIS Services • Abstracts of Title October 19-20, 2016 IOGANY Annual Meeting Networking Receptions, Technical Seminar Holiday Valley Resort Ellicottville, NY Michigan New York (800) 889-3574 (866) 999-5865 ELEXCO LTD. London, Ontario, Canada C M Ohio (740) 788-8838 Pennsylvania (412) 788-2200 In light of the potential for personal liability, individual owners of a struggling company operating oil and gas wells in New York should carefully evaluate the extent of the company’s plugging liability when considering filing for bankruptcy protection. If facing this situation, it would be wise to consult with attorneys who are familiar with both the ECL and the bankruptcy code. NEW PROSPECT COMPANY NEW PROSPECT COMPANY (800) 603-5263 120 MARGUERITE DRIVE, SUITE 201 • CRANBERRY TOWNSHIP, PA 16066 www.elexco.com MARK A. WILLIAMS mwilliams@newprospect.com Cell: (814) 449-8822 Consultant Business Development Manager Engineering, Completion and Drilling Consultants www.newprospect.com Y New Members MY Membership investment in IOGA of NY connects you to professional colleagues in New York State and beyond. A strong and active membership is essential to IOGA of NY’s advocacy and public education efforts. Thank you for helping IOGA of NY grow. Encourage your colleagues to join you as an IOGA of NY member. New members as of March 1, 2016 CY CMY K GENEVIEVE DISPENZA, Senior Energy Trader National Fuel Resources, Inc. 165 Lawrence Bell Dr,, Williamsville, NY 14221 716-630-6720 / 716-630-6751 fax gdispenza@nfrinc.com Marketer RICHARD GARDNER, Sr. VP of Business Development Millennium Pipeline Co., Inc. One Blue Hill Plaza, 7th Floor, #1565 Pearl River, NY 10965 845-620-1300 / 845-620-1320 fax Allied Industry RON HAPPACH, Chief Operating Officer Millennium Pipeline Co., Inc. One Blue Hill Plaza, 7th Floor, #1565 Pearl River, NY 10965 845-620-1300 / 845-620-1320 fax Allied Industry SAM MCLAUGHLIN, Director of Oil & Gas Fisher Associates 400 Southpointe Blvd, Ste 105, Canonsburg, PA 15317 724-749-1208 smclaughlin@fisherassoc.com Professional July 21-22, 2016 PIOGA Pig Roast, Equipment Show & Conference Seven Springs Mountain Resort, Champion, PA July 19-21, 2016 KOGA 80th Annual Meeting Northern Kentucky Convention Center Covington, KY This one before PIOGA Pig Roast August 7-9, 2016 IOGAWV Summer Meeting The Greenbrier White Sulphur Springs, WV September 9-10, 2016 IOGAWV Sport’s Weekend Lakeview Golf Resort Morgantown, WV The Pipeline to make principal equity owners or officers of a bankrupt company personally liable for well plugging liability. However, even if such an argument was ultimately successful, it would probably require protracted and expensive litigation through the DEC’s administrative law process, followed by additional appeals through the court system. As a further obstacle, the expenses of such litigation would have to be paid for by the individual attempting to avoid liability. Office: (724) 742-1122 Fax: (724) 742-4703 CM April 7, 2016 PIOGA Spring Meeting Rivers Casino Pittsburgh, PA certain federal and state health and safety laws (See United States v. Dotterweich, 320 U.S. 277 (1943)), but neither the ECL, NYCRR or any reported New York court case explicitly applies this doctrine to well plugging liability. The ECL specifically designates certain fees collected by the DEC to cover the costs of plugging abandoned wells where no solvent owner is available to do so. A reasonable counterargument can be made that the responsible officer doctrine should not be applied ELEXCO LAND SERVICES, INC. INDUSTRY EVENTS March 16-18, 2016 OOGA Winter Meeting Hilton Columbus at Easton Columbus, OH Continued from page 5 6 Spring 2016 The Pipeline PAUL MCNALLY, P.M.P., Senior Project Manager Moody and Associates, Inc. 685 Broad Street Extension, Ste 1, Waverly, NY 14892 607-565-8800 / 607-565-8805 fax pmcnally@moody-s.com Professional JIM NICHOLS, Director of Operations Blue Rock Energy Inc. 432 N Franklin St, Syracuse, NY 13204 315-432-4111 jnichols@bluerockenregy.com Marketer NICHOLAS PASQUARELLA, Gas Accountant III National Fuel Gas Distribution Corp. 6363 Main St, Buffalo, NY 14221 716-857-7010 pasquarellan@natfuel.com Allied Industry 15 BILL STONER, President Universal Well Services, Inc. 201 Arch St, 2nd Fl, Meadville, PA 16335 814-337-1983 / 814-333-8877 fax bill.stoner@univwell.com Allied Industry WILLIAM TREMBATH, Natural Resources Group Manager AECOM 257 W. Genesee St., Suite 400, Buffalo, NY 14202 716-856-5636 / 716-856-2545 fax william.trembath@aecom.com Professional MATT XANDER, Sales Manager Axco Energy Inc. 36 E. South St., Corry, PA 16407 814-665-8268 / 814-663-0277 fax axco@erie.net Allied Industry Spring 2016 & OIL GAS SUPPORT SERVICES ENGINEERING | SURVEYING | E N V I R O N M E N TA L Trust built on experience and expertise At Erdman Anthony, we combine critical, multidisciplinary support services with more than six decades of high-level, award-winning industry experience to create a formula for oil and gas success that will earn your confidence from day one. Benefit from our expertise in a range of key areas: • Broad-based services, from surveys to site development and road repair • Valuable expertise as an experienced Marcellus Shale service provider • Efficient permit processing and approvals • Seamless transitions from project to project • A strong regional presence and familiarity with the area, people, and policies to keep things running smoothly Support at every phase of your project Whether you are acquiring land or completing access roads, physically collecting and moving oil and gas, or executing oil and gas delivery to end users, Erdman Anthony is able to support you at every critical juncture. UPSTREAM PROUD MEMBERS MIDSTREAM • Leasing/Land Rights • Siting • Completion • Production Transport • Facilities Design and Management DOWNSTREAM • Refining • Retail Put us to work for you. Contact Scott Masciantoni at (412) 494-0505 ext. 5108 or email: masciantonis@erdmananthony.com Or learn more at www.erdmananthony.com/oilandgas. The Pipeline 16 Spring 2016 Seth D. Pullen is a Senior Associate with Hodgson Russ LLP. Seth concentrates his practice in the area of oil and gas law. He assists exploration and production companies in all aspects of the oil and gas industry. His experience includes acquisitions of leases and wells, commercial real estate transactions, related litigation, and advising closely held businesses. R ecent market conditions and low energy prices have created significant financial pressure on many companies in the oil and gas industry, both in New York and nationally. As a result, some oil and gas production companies have filed for bankruptcy and others may be forced to consider that option in coming months. One factor that a company considering bankruptcy needs to be aware of is that well plugging liability under the New York State Environmental Conservation Law (“ECL”) may survive a filing for federal bankruptcy protection, and can become the personal liability of the principal owners or officers of a bankrupt company. Article 23 of the ECL and Title 6 of the NY Codes, Rules and Regulations states that it is “unlawful for any owner or operator to abandon any well, wells or lease without having plugged and abandoned such well…” (6 NYCRR §555.1). The cost of properly plugging and abandoning an oil or gas well can be quite significant, and may far exceed the financial security bond or deposit that well operators are required to maintain with the New York State Department of Environmental Conservation (“DEC”). If a struggling oil and gas production company files for bankruptcy, the cost of plugging its uneconomic wells may exceed the amount of both the financial security and the available assets of its bankruptcy estate. The federal bankruptcy code will shield owners The Pipeline Beware of Well Plugging Liability when Contemplating Banruptcy By Seth Pullen, Hodgson Russ LLP from most debts of a company that files for protection, but does not address liabilities for compliance with laws and regulations. Such liabilities can potentially survive bankruptcy, and may attach to individuals who are responsible for the company’s compliance. The DEC has not issued regulations or clear policies addressing whether it will pursue individual owners or officers of a bankrupt company for unfunded plugging liability. However, the unofficial position that the DEC takes is that failure ... “responsible officers” can be held liable. to properly plug and abandon an oil or gas well is a violation of the ECL, for which both a business and its “responsible officers” can be held liable. If a violation of the ECL requires cleanup or remediation, the DEC will first pursue the business, but will also seek an enforcement action against any potentially responsible persons or parties with significant assets. Several decisions of the DEC commissioner illustrate this approach (In the Matter of Carney’s Restaurant, Inc., DEC Case No. R520070221-671; and In the Matter of Supreme Energy Corporation, DEC Case No. 7-1780), where individual business owners were found liable for penalties and remediation costs for violations of the ECL by the business. These cases did not involve oil and gas production, but demonstrate a willingness by the DEC to pursue owners for environmental liabilities of their businesses. The DEC has also commenced enforcement actions against the individual owner of a dissolved company that was the last registered operator of an unplugged well, asserting various violations of the ECL relating to reporting, financial security and well operations. The DEC’s argument is that the “responsible officer doctrine,” also sometimes known as the “responsible corporate officer doctrine,” applies to make individual officers with significant control over the actions of a corporate entity jointly liable for strict liability offenses by the company. This doctrine is an established feature of federal common law and Continued on page 15 GZA GeoEnvironmental, Inc. Geotechnical Environmental Ecology Water Construction Management • Certied AST Inspection • Spill Planning • Upstream & Midstream Environmental Permitting • Construction Management • Water Resourcing • Air Permitting & Monitoring • Geotechnical Engineering GZA GeoEnvironmental, Inc. www.gza.com | 27 Offices Nationwide David Palmerton Principal Wexford, PA o: 724-935-0018 | c: 315-243-2702 Laurel Oil & Gas Corp. A Division of GZA GeoEnvironmental, Inc. www.laureloilandgascorp.com Warren Schoenfelt Bridgeport, WV 724-766-5150 5 Laurel Oil & Gas Corp. • Conventional & Unconventional Drilling & Completion Programs • Operations & Production Services • Workovers & Recompletions • Well Plugging Management • Storage Field Operations • Re-Entry/Sidetracks www.gza.com www.laureloilandgascorp.com Spring 2016 ■ Thank You! Gary Marchiori is President of EnergyMark, LLC in Williamsville, NY. Gary worked for the National Fuel System, and Texaco Natural Gas for 17 years before forming his own energy supply company in 2002. EnergyMark now serves more than 8,000 customers in Western New York and Northwestern Pennsylvania. ■ To the following companys for sponsoring IOGANY’s Board of Directors Meetings January 20, 2016 E lectric generation using natural gas has grown over the last several years as clean air, water, and fuel economics have driven out coal fired electric generation. A bright spot for our current natural gas oversupply situation is power generation use. Daily power burn in the Unites States is currently averaging 25 Bcf per day, which is 3.5 Bcf, or 17% higher than last winter, season-to-date. This increase is Empire Energy E&P, LLC / Tim Hull March 16, 2016 ■ GZA / Jim Richert ■ Responsible Reclamation Understanding Energy Markets Can Producers Break-even By Gary Marchiori, President, Energy Mark LLC Coal plant retirements, and more favorable economics of coal-to-gas switching, are the two major reasons power burn is up despite warmer temperatures. According to a report from Bentek Energy, “Assuming the retired coal plants were previously running at a 60% capacity factor, and that the new replacement gas operates at a 7.5 MMBtu/MWh heat rate, about 1.63 Bcf/d of the increased gas demand is from gas-fired power plants filling in for the lost baseload coal capacity.” This means that just under half of the increase can be attributed to the 15 MW of coal capacity retirements in 2016, and the other half, An opportunity to restore diversity • Conservation seed mixes particularly impressive considering national temperatures have averaged 47 degrees Fahrenheit, or 5 degrees higher than last year. Temperatures in the Northeast have been 8 degrees warmer than last year, yet power burn in this region is still 15% higher than last year at this time. The largest percentage increase so far is in the Pacific Northwest, which is currently burning 71% more natural gas to generate power than last year. • Native seeds • Bioengineering materials ernstseed.com sales@ernstseed.com 800-873-3321 or about 2.1 Bcf/d can be attributed to coal-to-gas switching. Despite higher coal-to-gas switching levels, fuel switching accounts for less of the overall demand for natural gas than it did last year. The increased demand for natural gas in the power sector has certainly has a tremendous economic effect on the cost of electricity for the end user. With coal and nuclear facilities continuing to be shut down across the country, natural gas’ role in power generation will continue to grow. With ample supply, and an increasingly solidified infrastructure, electricity will continue to be supplied reliably, and at low cost, for years to come. Truly Green Energy Local Production Supplied Reliably to Local Customers Every day, we buy locally produced natural gas for thousands of customers. Contact us today to learn how to bring your production to market and maximize value. Gary Marchiori 716.614.1800 Tim Wright President www.energymarkllc.com Vice President 6653 Main St. • Williamsville, NY 14221 The Pipeline 4 Spring 2016 The Pipeline 17 Spring 2016 Continued from page 2 Recent Penn Grade Crude Oil Postings in WNY 12/2..........................................................................35.94 12/9..........................................................................33.16 12/16........................................................................31.52 12/23........................................................................33.50 12/30........................................................................32.60 1/6............................................................................29.97 1/13..........................................................................26.48 1/20..........................................................................22.55 1/27..........................................................................28.30 2/3............................................................................28.28 2/10..........................................................................23.45 2/17..........................................................................26.66 2/24......................................................................... 28.15 3/2 .......................................................................... 30.66 Source: Ergon Oil Purchasing www.ergon.com/prices.php naïve the general public is about energy and how their lives wouldn’t be the same without it. We hope to host a showing of this film at an upcoming meeting, and plan to have copies of it available for purchase to support Mark’s efforts. So, let’s all continue doing what we can individually in the course of our everyday lives when we engage people who don’t understand our industry. Let’s point out the hypocrisy that each of them engage in when they bash fossil fuels in favor of renewables. At least we stand proudly in support of our industry and aren’t afraid to look in the mirror!! INDEPENDENT OIL & GAS ASSOCIATION OF NEW YORK 38 Lake Street • Hamburg, NY 14075 716-202-4688 • 716-202-4689 fax www.iogany.org EXECUTIVE COMMITTEE Executive Director Brad Gill, IOGANY/ Earth Energy Consultants President Ernie Rammelt, Chautauqua Energy Inc. But, don’t get me started! NYMEX Natural Gas Futures 12 Month Forward Strip Average Prices Through 02/17/16 Phone: 304.464.1176 Secretary John Holko, Lenape Resources, Inc. Brad Gill is the Executive Director of IOGA of NY, a petroleum geologist by trade and the President of Earth Energy Consultants. $5.00 $4.50 Treasurer Mike Pedro, United States Gypsum Co. DIRECTORS Chuck DuBose, DLH Energy Service, LLC James “Eddy” Grey, Triana Energy, LLC Randy Hansen, Elexco Land Services, Inc. John Heyer, Attorney at Law Mike Hogan, Hogan Energy Consultants Dennis Holbrook, Attorney Tim Hull, Empire Energy E&P, LLC Charlie Joyce, Otis Eastern Service Inc. Gary Marchiori, EnergyMark, LLC James Macfarlane, Minard Run Oil Co. Jim Perkins, P&C Gas Measurement Services, Inc. Steve Plants, Plants and Goodwin, Inc. John Polka, National Fuel Gas Distribution Corp. Jim Richert, GZA GeoEnvironmental, Inc. Scott Sampson, Chautauqua Utilities, Inc. Rod West, Gas Field Specialist, Inc. Dave White, Independent Consultant Roger Willis, Universal Well Services, Inc. $4.00 $3.50 $3.00 THANK YOU! $2.50 $2.00 2/18/2011 2/18/2012 2/18/2013 2/18/2014 2/18/2015 IOGANY WOULD LIKE TO THANK ALL OUR 2016 RENEWING MEMBERS. Bloomberg Finance L.P.; CME/NYMEX; For Informa<onal Purposes Only APPALACHIAN GAS MONTHLY SPOT PRICE We would also like to thank specific companies for their Courtesy: EnergyMark, LLC (716) 614-1800 financial support with an additional donation along Jan-12 Indicative Monthly Price $ 3.37 Jan-13 Indicative Monthly Price $ Indicative Monthly Price $ 3.62 Jan-14 3.94 Jan-15 Indicative Monthly Price $ 2.59 Jan-16 Indicative Monthly Price The Pipeline $ 2.10 Feb-12 $ 2.89 Feb-13 $ 3.48 Feb-14 $ 5.57 Feb-15 $ 2.58 Feb-16 $ Mar-12 $ 2.64 Mar-13 $ 3.75 Mar-14 $ 4.96 Mar-15 $ 2.76 Mar-16 Apr-12 $ 2.37 Apr-13 $ 4.29 Apr-14 $ 4.55 Apr-15 $ 2.00 Apr-16 May-12 $ 2.09 May-13 $ 4.18 May-14 $ 4.39 May-15 $ 1.90 May-16 Jun-12 $ 2.45 Jun-13 $ 4.16 Jun-14 $ 3.96 Jun-15 $ 2.09 Jun-16 1.92 Jul-12 $ 2.76 Jul-13 $ 3.56 Jul-14 $ 3.61 Jul-15 $ 1.99 Jul-16 Aug-12 $ 3.02 Aug-13 $ 3.07 Aug-14 $ 3.11 Aug-15 $ 2.04 Aug-16 Sep-12 $ 2.58 Sep-13 $ 3.30 Sep-14 $ 3.03 Sep-15 $ 1.89 Sep-16 Oct-12 $ 3.22 Oct-13 $ 3.39 Oct-14 $ 2.92 Oct-15 $ 1.77 Oct-16 Nov-12 $ 3.53 Nov-13 $ 3.39 Nov-14 $ 2.91 Nov-15 $ 1.87 Nov-16 Dec-12 $ 3.83 Dec-13 $ 3.47 Dec-14 $ 3.77 Dec-15 $ 2.04 Dec-16 2.90 Average $ 3.64 Average $ 3.89 Average $ STAFF Brad Gill, Executive Director (brgill@iogany.org) ext. 105 Vickie Mellody, Office Administrator (info@iogany.org) ext. 100 Lorri Ball, Bookkeeper/Administrative Assistant (lorrib@iogany.org) ext. 101 ERDMAN ANTHONY OTIS EASTERN SERVICE LLC PATTON FOREST PRODUCTS UNITED STATES GYPSUM CO. 2.13 2016 PIPELINE NEWSLETTER SCHEDULE Spring - Copy deadline: February 15 for March issue Summer – copy deadline: May 15 for June issue Fall – copy deadline: August 15 for September issue Winter – copy deadline: Nov. 15 for December issue Average $ 18 with their membership renewal! Average $ COMMITTEE CHAIRS Legal Committee - John Heyer Marketing Committee - Gary Marchiori Marcellus Shale Committee - Eddy Grey Operations Committee - Roger Willis PAC Committee - Scott Sampson Producer Committee - Ernie Rammelt Public Relations Committee - John Holko 2.01 Spring 2016 The Pipeline 3 Spring 2016 Continued from page 1 for 1.2 million workers. But folks are still not happy, so now that Walmart is closing almost two-hundred stores and laying off thousands of workers, you would think the oppositionists would be happy to have eliminated this greedy behemoth from certain localities. They should be dancing in the streets because they got rid of the evil giant! But of course, you know that they are now painting Walmart as the bad guy once again saying they are insensitive and terrible because they are forced to lay off workers and close stores. When someone is hypocritical, they will always play both sides, conveniently justifying their actions no matter what – all while turning away from the mirror. I could also mention Sanders, Hillary, Cuomo, and Obama stating with conviction that the constitution is clear and shouldn’t be conveniently interpreted when it comes to the president nominating a supreme court justice during his last year in office. I agree that the constitution shouldn’t be conveniently interpreted for this purpose… or for the second amendment! But they conveniently are not consistent on these two issues. Yep – hypocrisy at its finest. Or Hillary stating that large campaign contributions don’t sway policymaking, and pointing out that Obama went after Wall Street after the 2008 banking meltdown despite having received large funding from Wall Street. She also defended her speaking fees (aka campaign contributions) from Goldman Sachs and others, saying that these large political donors do not impact policy. But, just listen to what she says about the Koch Brothers, or about the NRA on the Republican side – again… terribly hypocritical. But, I said I wanted to talk about the “height of hypocrisy” so here it is. IOGANY receives a magazine called City and State. It is a largely left-leaning political publication out of Albany that highlights politicians and influential people in New York, legislation, social programs, etc. We subscribe to it because I believe The Pipeline we should always be educated about the mindset and activities of our adversaries. In the last issue there is a q&a interview of the actor James Cromwell. Cromwell played the farmer in the movie “Babe”, starred in “American Horror Story: Asylum” and has made other movies. He is also an activist, protested the Vietnam war, and most recently got arrested for blocking the entrance to a natural gas power plant under construction in Orange County, NY. First question: “Why are you opposing this power plant?” Answer: “It affects not only my community and where I live in Warwick, but it also affects the health and well-being of the people of Orange County and to some degree, the people of the State of New York and the entire country and the entire world.” (he forgot the solar system… and the universe… and parallel universes) He went on to talk about how the power plant “is fraught with the possibility of disaster and endangerment of local people.” He also said the movement to ban fracking was “incredibly well-organized (can’t argue that) and supported, but also because of some politics up in Albany. But they left out the “use” of fracked gas. It doesn’t make any sense to me or to anybody in this community why you would ban fracking and then turn around and use the product of fracking to run a power plant in New York.” He went on to say that we don’t need fracked gas to produce electricity “because we have a surplus.” Ughhh! But wait, it gets even better! Second question: “So you’re saying New York is being hypocritical by banning fracking but allowing the use of fracked gas in the state?” Answer: “It is hypocritical, but you have to look at the money.” UGGGHHHHHHH!!!!!!! The height of hypocrisy to me is when a person points out hypocrisy without look2 ing in the mirror! He accuses New York of being hypocritical because they banned fracing and still use the energy produced from fracing (I agree - that is hypocritical), but he never acknowledges that he and millions of New Yorkers and people all over the country and the world (and parallel universes) are doing the same thing! He drives, heats his home, mows his lawn, uses Tupperware, enjoys the warmth of shopping malls and uses his eco-friendly products that have been manufactured using natural gas as a feedstock energy source, and never points out his own hypocrisy! IOGANY has spent countless dollars and man-hours fighting our regulatory and legislative battles over the last seven years. We have lost temporarily to the well-organized and well-funded opposition groups. But we now hope to do what we can to expose the hypocrisy of actors like Cromwell and others, but mostly the hypocrisy of the every-day people across the state who benefit daily from the very product they disdain. I am not sure how we’re going to do it, but we are working on some ideas that we’ll share with the members when the time is right. We have no delusions of victory or even making a big dent in the situation here in New York. But, if we can make even a small impact and get people talking about the reality of natural gas use in New York, and how it makes no sense to oppose something that you use regularly and heavily rely upon every day, then we can at least say we tried. I just wish more people, like that attorney I enlightened, would at least come to realize the positive impacts on their lives that natural gas and oil have made through the years. I recently talked with Mark Mathis, a film producer who I met years ago and have grown to respect, both personally, and for the quality of his work. Mark just completed his latest film project – a movie titled “Fractured; Language, Lies, and Energy”. I watched the film and it brings up some very good points about how Continued on page 3 Spring 2016 ON THE LIGHTER SIDE! Dan was a single guy living at home with his father and working in the family business. When he found out he was going to inherit a fortune when his sickly father died, he decided he needed a wife with which to share his fortune. One evening at an investment meeting he spotted the most beautiful woman he had ever seen. Her natural beauty took his breath away. “I may look like just an ordinary man,” he said to her, “but in just a few years, my father will die, and I’ll inherit 20 million dollars.” Impressed, the woman obtained his business card and three days later,she became his stepmother. Women are so much better at estate planning than men! Newsletter Advertiser Index Bond, Schoeneck & King, PLLC...................................................................... 4 D.A. Collins Companies................................................................................. 13 Elexco Land Services....................................................................................... 6 EnergyMark, LLC............................................................................................ 17 Erdman Anthony............................................................................................. 16 Ernst Seeds...................................................................................................... 4 Gas Field Specialists, Inc................................................................................. 8 GZA GeoEnvironmental Inc.............................................................................. 5 John H. Heyer, Attorney at Law....................................................................... 9 Kessel Construction, Inc.................................................................................. 9 Moody & Associates, Inc.................................................................................. 9 National Fuel Resources.................................................................................. 8 New Prospect Company................................................................................ 15 Oakridge Engineering....................................................................................... 8 Tectonic Engineering & Surveying.................................................................. 15 Twin Tiers SPE.................................................................................................. 8 Fighting the battle for the economic future of Rural America, energy independence and the environment is what we do at NaturalGasNOW. Can you help? You’ll notice a new banner advertisement at the top of each post. It’s a very simple request to consider supporting this blog with a very modest contribution to help cover the costs. Yes, it takes time and money to do what we do and, while the time is not so much of an issue given my own passion for the cause, the out-‐of-‐pocket expenses for maintaining the blog, travel (essential to collecting stories and spreading the word), research costs and the like are more than you might imagine. So, I’m reaching out to those of you who often tell us how important what we do is to you and your family or industry and asking you to consider signing up to support NaturalGasNOW. It will take but 99¢ per month (that’s less than 25¢ per week and only $11.88 per year). Just click on the banner and use your PayPal account or credit card to help out. To support NaturalGasNOW visit: http://naturalgasnow.org/ The Pipeline 19 Spring 2016 THE PIPELINE VOLUME 36, NO. 1 SPRING 2016 Hypocrisy 101 38 Lake Street Hamburg, NY 14075 D THE PIPELINE is published quarterly by the Independent Oil & Gas Association of New York as a benefit of membership. INSIDE JOIN US! Summer Meeting 2016 PEAK N’ PEEK RESORT & SPA JULY 13 & 14, 2016 By Brad Gill From the Executive Director cover Beware of Well Plugging Liability 5 Upcoming Events 6 Election 2016 7 2016 IOGANY Meeting Info 10 2016 Membership Directory Info 11 IOGANY’s New Buyers’ Guide 11 Pipeline Rally Coverage 12 Industry Cycle: Lower for Longer 13 What Our Members Say 14 New Members 15 Understanding Energy Markets 17 Industry Prices 18 Natural Gas Now Support 19 e THINK Spring! on’t even get me started… I want to talk about hypocrisy for a minute. I don’t mean the everyday, run-of-the-mill stuff that we see all the time. I am talking about the “height” of hypocrisy here. We’ve all had to deal with those folks who hate us… you know the ones who say how bad fraced gas is for the environment just before they leave to drive home to their warm house, gas stove and motorized lawn equipment. Actually, I do want to share a story about that convictions scenario… as his wallet... I was at a professional after-work function in Buffalo and met an attorney who asked what I did for a living. After telling him, he said I probably shouldn’t talk with his wife because she is a nurse and they have both driven to Dimock, PA to witness first-hand the destruction and injury to people caused by our industry. He said they are both staunchly opposed to fracing and the use of fraced natural gas. Upon hearing this, I asked him why he supports our industry every single day. He looked bewildered, and said he “has to” as an attorney representing certain clients. I quickly clarified my question and said that I mean him personally – why did HE support us every day? Now he was confused by my question and had a puzzled look on his face. I explained that every day he drives his car and heats his home, mows ... his lawn, snow-blows his driveway, uses Tupperware, pops pills, and a host of other activities, he is supporting the oil and gas industry. To be specific, I asked how he heats his home and he confirmed with natural gas. I asked why he doesn’t convert to solar, wind, or wood? He responded by saying that he couldn’t do that. Why? Because the costs were exorbitant. Really?!!! I immediately said that he is an attorney and doing very well for himself, and if anyone could run only as deep afford to partially switch to renewables, he could! I also pointed out that his wish for everyone to be off the grid would severely impact most of society who couldn’t afford to switch as easily as he could. I ended our conversation by pointing out that his convictions run only as deep as his wallet and that is hypocritical. Needless to say, he never circled back around to where I was standing all evening and he never brought his wife over to meet me. Hypocrisy never fails to amaze me. Take Walmart’s story. The elite liberal left loved to hate Walmart for its corporate greed, capitalistic views, and indifference toward its workers, screaming that they weren’t paying enough and weren’t taking care of the employees. Twice, Walmart raised its wages and benefits in response to public pressure, and despite their concessions, Walmart was still the bad guy. In April 2015 they raised wages for a half million workers, then again for this year they will raise their wages Continued on page 2