Issuu

The Voice of the

Independent Since 1959

NEWS

February 2020

Industry Customized License Plate Coming Finally, the oil and gas industry has its very own license plate in the works. This special license plate will identify you as a supporter of oil and gas and will help us promote our industry. See pages 26 and 27 of this issue or visit www.iogawv.com for our official “WV OIL AND NATURAL GAS LICENSE PLATE” application and instructions.

We need a minimum of 250 applications and checks before the WV Dept. of Highways (WVDOH) will design and produce the plate, so let’s promote the daylights out of this!! Please follow instructions on the application (Fill out name exactly as it appears on your vehicle registration card) and, once completed, please mail the application with

your check to: Charlie Burd Independent Oil & Gas Assn. of WV 300 Summers St Suite 820 Charleston WV, 25301

Charlie Burd Executive Director

Monteleone Named 2020 Gunslinger Editor’s Note: These are excerpts from Scott Freshwater’s presentation remarks. During an IOGAWV Strategic Planning Retreat in 1991, the job of the Board of Directors of IOGAWV was described by a fellow member, as, “Our job here is to take a bunch of GUNSLINGERS and turn them into a posse.” In 1993 the Board of Directors of IOGAWV decided to initiate an award to recognize individuals who had made unique contributions to the well-being of the West Virginia natural gas and oil industry over an extended period of time. The Board wanted to recognize these individuals with an award unique in character. The IOGA Gunslinger Award provides recognition to these individuals who sacrificed so much of their time for the betterment of the industry. As all of you here today know well…….the members of the West Virginia natural gas and oil industry are a hard driving bunch….. who

INSIDE

Scott Freshwater, left, presented the 2019 Gunslinger Award to Marc Monteleone. have survived hard times…like we are experiencing today… and prospered when the market rebounds… as it inevitably will. In all cases… the winners of this award have had to step away from their full time jobs, drove a lot of country miles, and missed several suppers with their family. ALL… to represent

this association and OUR great industry. Through their leadership, grit and hard work, they have indeed……taken a group of gunslingers and made them into a posse. Many of you may know this year’s recipient as a lawyer at Bowles Rice. And he is that; a fine lawyer in fact. Gunslinger Continued on page 22

Kevin Ellis / 2 Industry News / 3 Charlie Burd / 4 Mark Taylor / 5 Hugh Byers / 5 Chris Weikle / 6 2020 Ad Contract / 7 Industry Events / 8 Member News / 9 Chris Weikle / 10 Ergon / 10 Greg Kozera / 11 Mark Clark / 12 Sam McKown / 13 Science Teacher Workshop / 14 Winter Meeting Highlights / 15 Winter Meeting Sponsors / 18 Todd Tetrick / 21 Teacher Workshop Sponsor Form / 25 License Plate Application / 26

Kevin Ellis IOGAWV President

Legislative Update As we near the halfway mark of the first Regular Session of the 2020 legislative session in Charleston, I can report that your IOGAWV advocacy is strong and effective. Your policy advocates are diligently pursuing the Board directed legislative agenda with vigor. And, the team is laser focused on other bills that may impact the natural gas and oil industry, which originate from other interests. Regarding IOGAWVâ€™s agenda, I can report that HB 4090 (relating to marginal wells and establishing funding for plugging of abandoned wells) will be reported out of the House of Delegates to the Senate with resounding success. The bill carried a favorable vote of 99-0-1 on the floor of the House. Another bill, HB 4091 (relating to the issuance of expedited drilling permits) has now passed both chambers and will be returned to the House of Delegates for final legislative action. Other items of note include SB 655 (relating to ad valorem property taxes on producing wells), which is slated for debate soon in the Senate Energy, Industry and Mining committee and HB 4421 (relating to tax incentives for use, storage and transportation of natural gas liquids in the state) which was passed out

of House Energy committee and now awaits action in House Finance. Your advocacy team is also promoting a bill (not yet introduced as of this writing) that would allow producers to enter into agreements to provide natural gas directly to end users. This is an important first step in developing new demand markets for West Virginia production at premium pricing. In addition to the bills IOGAWV is actively promoting, we are also engaged with several proposed bills that could have a substantial impact on our industry. For example, bills relating to the termination of leases by the lessor and proposed changes to the law governing partition suits are squarely on our radar. We continue to participate in discussions with the various stakeholders and legislators to ensure that our voices are heard on these key issues. As we know, the 60-day legislative session presents unique factors in determining the extent of engagement on issues of importance. And, the landscape changes daily. This requires your advocacy team to be visible and engaged throughout the duration of the session. This sometimes means long days and nights attending committee meetings, analyzing bill language and strategizing on appropriate

Please register now for the Safety Seminar on March 24 or March 31.

actions. I have had the opportunity to observe firsthand the team at work and am pleased to say that IOGAWVâ€™s voice is ever present in the Capitol. We will continue to make reports regarding important developments in Charleston. We remain steadfast in the mission to represent the interests of the members of IOGAWV effectively.

2019-2020 OFFICERS BOARD MEMBERS J. Kevin Ellis President Ben Sullivan Vice President/Program Chair Maribeth Anderson Secretary-Treasurer/Investment Comm. Chair Brett Loflin Immediate Past President James W. Crews Director/Commerce Comm. Co-Chair Jon Farmer Director/Producers Issues Comm. Co-chair David Haney Director/ Producers Issues Comm. Co-chair Jon Hildreth Director Jeff Isner Director/Commerce Comm. Co-Chair Bob Radabaugh Director/Evironmental Committee Chair Sarah Smith Director/Govt. Affairs Comm. Chair Todd Tetrick Director/Saefety Committee Chair Chris Weikle Director/Comm. & Educ. Comm. Chair

Industry News

EPA Announces New WOTUS Definition On January 23, 2020, EPA Administrator Andrew Wheeler and Assistant Secretary of the Army for Civil Works R.D. James announced a new, clear definition for “waters of the United States” (WOTUS). With the “Navigable Waters Protection Rule,” the EPA and Army say they “are delivering on President Trump’s promise to finalize a revised definition for “waters of the United States” that protects the nation’s navigable waters from pollution and will result in economic growth across the country.” “EPA and the Army are providing much needed regulatory certainty and predictability for American farmers, landowners and businesses to support the economy and accelerate critical infrastructure projects,” said EPA Administrator Andrew Wheeler. “After decades of landowners relying on expensive attorneys to determine what water on their land may or may not fall

under federal regulations, our new Navigable Waters Protection Rule strikes the proper balance between Washington and the states in managing land and water resources while protecting our nation’s navigable waters, and it does so within the authority Congress provided.” For years IPAA has maintained that the definition of the WOTUS rule under the Obama administration hurts all landowners, including U.S. energy producers. That 2015 definition expanded the federal government’s authority over land and water use across the nation, implementing additional permit and bureaucratic regulatory requirements The new Navigable Waters Protection Rule ends decades of uncertainty over where federal jurisdiction begins and ends. For the first time, EPA and the Army are recognizing the difference between federally protected wetlands and

state protected wetlands. It adheres to the statutory limits of the agencies’ authority. It also ensures that America’s water protections remain strong, while giving states and tribes the certainty to manage their waters in ways that best protect their natural resources and local economies. The revised definition identifies four clear categories of waters that are federally regulated under the Clean Water Act: the territorial seas and traditional navigable waters; perennial and intermittent tributaries; certain lakes, ponds, and impoundments; and wetlands that are adjacent to jurisdictional waters. This final action also details what waters are not subject to federal control, including features that only contain water in direct response to rainfall; groundwater; many ditches, including most farm and roadside ditches; prior converted cropland; farm and stock watering ponds; and waste treatment systems. This replacement definition is Step 2 of the EPA’s repeal-and-replace process. The repeal is already facing court challenges, both from environmental groups that supported the 2015 rule and from property rights activists. In April of 2019, IPAA submitted three sets of comments (1, 2, and 3) with associated trade groups on the “replacement proposal,” the proposed revised definition of WOTUS, which the EPA used with other stakeholder feedback to form the Navigable Waters Protection Rule. For more information on the Navigable Waters Protection Rule, including a pre-publication version of the Federal Register notice and fact sheets, visit: https://www.epa. gov/nwpr.

Charlie Burd Executive Director, IOGAWV

From the Burd’s Nest: Base Camp Achieved As I pen this article, we are eighteen days into the 2020 West Virginian Regular Legislative Session that started on January 8. Oddly, this is virtually the same amount of time needed to trek round-trip between Kathmandu and the mountain airstrip of Lukla, Nepal and then traverse up the normal route to the summit of Mount Everest base camp (adding in four or five days to get over jet lag and to explore Kathmandu). While I’ve never had the opportunity to make that majestic 65 km trek from Kathmandu to the Lukla base camp, I am currently on my 19th journey up that steep climb to our “legislative base camp” that lies in the heart of the State Capitol and squarely in the midst of the West Virginia House of Delegates, the State Senate and the Governor’s office. I have read that trekking to the Mt. Everest base camp is an adventure of a lifetime and life changing for many people, but so is navigating the hallways and committee rooms of the State Capitol. The best guides on the Everest Trail are proud and gifted Sherpa people from the mountain region of Nepal. The Sherpa people are genetically gifted climbers who have excellent climbing skills even on the toughest trails. In fact, the majority of climbers of Mount Everest are Sherpa people. This same set of skills and tenacity holds true when seeking and finding the most gifted and talented lobbyists to navigate the complex legislative trail!! Fortunately, IOGAWV has amassed just such a lobbying team that is second to no other. Phil Reale, Jim Fealy and Daniel Hall are accomplished in

their art and have earned the respect of both their peers and legislators. With this said, as of this writing, here is a brief overview of legislation that has been introduced and several bills that directly impact West Virginia producers and IOGAWV member companies: • 1076 bills have been introduced in the House of Delegates (including many carryover bills from the 2019 Regular Session; • 606 bills have been introduced in the State Senate; • 26 bills have passed the House of Delegates; • 16 bills have passed the State Senate. Of these, here are just a handful of the major legislative initiatives your IOGAWV leadership, Government Affairs Committee and Lobbying Team have before them: 1. HB 4090 (The Marginal Well Plugging Bill). This bill is nearly identical to HB2673 that overwhelmingly passed the Legislature in the 2019 Session but was vetoed by the governor. The purpose of this bill is to reduce the severance tax on marginal oil and natural gas wells, excluding wells utilizing horizontal drilling techniques targeting shale formations, to 2.5% from 5% and to provide that the 2.5% tax paid on such wells is to be used to plug abandoned oil and gas wells without a responsible operator through the use of a new fund called the Oil and Gas Abandoned Well Plugging Fund. The vertical oil and gas wells which are affected by the severance tax reduction produce on average more than

5 Mcf natural gas or one-half barrel of oil per day and on average less than 60 Mcf of natural gas or 10 barrels of oil per day. The plugging fund is capped at $6 million. Should the plugging fund exceed the $6 million cap, the severance tax drops to zero. IOGAWV is in full support of this bill that has passed the House Energy Committee and is currently in Hose Finance for further consideration. This bill was introduced on January 10, 2020. 2. HB 4091 (The Expedited Permitting Bill). This bill is nearly identical to SB665 from the 2019 Session that passed the House of Delegates but failed to pass in the Senate. The purpose of this bill is to allow for expedited oil and gas well permitting and expedited oil and gas well permit modifications upon the payment of applicable expedited fees, the designation of the proceeds of such expedited fees, and the daily pro rata refund of the expedited fees if the permit is not approved between the 45th and 60th days after the submission of a permit application, and daily pro rata refund of one-half of the modification fees between the 10th and 20th days after the submission of a permit modification application; all generally related to horizontal well oil and gas permitting. IOGAWV supports this bill that has passed the House of Delegates and lies in the Senate for further consideration. This bill was introduced on January 10, 2020. Burd’s Nest Continued on page 22

Mark Taylor WeatherBELL Analytics

WeatherBELL - Winter Forecast Update

For more information about WeatherBELLâ€™s services and to get the hot-off-the-press forecast updates, please visit our website www.weatherbell.com or contact us at sales@weatherbell.com.

The winter started early in November and has been coming in fits and starts ever since. December was coldest in the Upper Midwest and in the Northeast before closing out mild. January was mild for the most part, but there was a significant push of cold air for a time. As we have stated since the summer, we believe that arctic air intrusions will become increasingly common as the winter nears its endgame, especially over the Great Lakes. This should penetrate into the Deep South in waves. We do expect winter to last well into March, but when it breaks, it should break for good, unlike last year which didnâ€™t see typical spring weather until well into May.

Hugh Byers Direct Energy

Nymex Natural Gas Futures Contract 12-Month Forward Strip Average Prices Through 1/21/2020

Chris Weikle Communications & Education Committee Chair

Still Time Now to Plan for Your 2020 Advertising in IOGA News Your continued support of IOGA News through your advertising is greatly appreciated. We have enclosed a copy of the 2020 Advertising Contract. You will need to complete and return this contract for your advertisement to be included in IOGA News. For our current advertisers, a copy of your current contract and most recent ad are available from the IOGAWV office. Ads must be paid in full by check or credit card prior to publi-

cation. For 2020, we are making a special offer to our current advertisers and meeting sponsors! For those who advertised in IOGA News, or who sponsored the Winter Meeting, Summer Meeting or Sports Weekend during the last 12 months, we’re offering you a 10% discount on your 2020 advertising in IOGA News. This will give sponsors who are not current advertisers the opportunity to ex-

pand their reach to this important market and keep your name and your products and services at topof-mind awareness for your current and potential customers. Please see the form on page 7 to make your selections for 2020 advertising. Please call Dee Beane at the IOGAWV office at (304) 344-9867 or email her at dbeane@iogawv. com for any questions regarding advertising opportunities.

Please watch for “IOGA Produces” alerts relating to legislative activities. When we ask... we need YOUR help!

2020 Advertising Contract

2020 IOGA News Advertising Contract Advertising is available to member companies and nonmembers of the Independent Oil and Gas Association of West Virginia, Inc. in monthly issues of IOGA News. Please see below for details regarding ad sizes and rates.

Ad Sizes

Membership Pricing:

Frequency of Ad (Months)

Full page 3 columns (6 15/16”) wide x 9 1/4” deep Half page (vertical) 2 columns (4 9/16”) wide x 9 1/4” deep Half page (horizontal) 3 columns (6 15/16”) wide x 4 1/2” deep Quarter page 2 columns (4 9/16”) wide x 3” deep Business card (vertical) 1 column (2 3/16”) wide x 4” deep Business card (horizontal) 2 columns (4 9/16”) wide x 2” deep

Ad Sizes

Non-Membership Pricing:

1-4

$800.00/mo $525.00/mo $500.00/mo $300.00/mo $150.00/mo $150.00/mo

5-8

$750.00/mo $475.00/mo $450.00/mo $250.00/mo $125.00/mo $125.00/mo

9 - 12

$700.00/mo $425.00/mo $400.00/mo $200.00/mo $100.00/mo $100.00/mo

Frequency of Ad (Months)

1-4

$1,600.00/mo $1,050.00/mo $1,000.00/mo $600.00/mo $300.00/mo $300.00/mo

5-8

$1,500.00/mo $950.00/mo $900.00/mo $500.00/mo $250.00/mo $250.00/mo

9 - 12

$1,400.00/mo $850.00/mo $800.00/mo $400.00/mo $200.00/mo $250.00/mo

IOGAWV wants to assure that you get the best quality advertisement in the newsletter for your advertising dollar. To that end, we ask that you submit your color ad electronically in a 300 dpi (dots per inch) resolution PDF, TIF or EPS format. Ads saved as Word or Word Perfect documents, Excel spreadsheets or flattened PDF files will not give you a quality ad when printed professionally. If there are conversion issues with your file, our designer will contact you directly. Ads must be emailed directly to Dee Beane: dbeane@iogawv.com. Ads can be run each month throughout the year or in any combination of months you choose. Please note there is a price break when you commit to a longer contract. Changes to your ad copy or cancellations can be made during the duration of the contract, but must be submitted 30 days prior to the next publication. (i.e, February 1st for the March issue). Please complete the information requested below and return this page, with payment, to IOGA News, IOGAWV, 300 Summers Street Suite 820, Charleston, WV 25301; email dbeane@iogawv.com. Ads must be paid in full by check or credit card prior to publication. Please call the IOGAWV office at (304) 344-9867 to discuss these options.

IOGA News Contract Company Name:_______________________________________________________________________ Contact Person:______________________________________ Phone:(_____)_____________________ Billing Address:________________________________________________________________________ City:____________________ State:_____ Zip:___________ Email:_______________________________ Run my ad for ______ month(s) starting in the month of ________________________. My ad size (Check One): Please complete a separate contract for each ad you wish to run. Full Pg. ___ ½ Pg. Vertical ___ ½ Pg. Horizontal ___ ¼ Pg. ___ Bus. Card Vertical ___ Bus. Card Horizontal ___ Payment Amount Enclosed: $______________ Approved by: _________________________________________ Date: __________________________

Industry Events

Mark Your Calendar for These Coming Dates March 4-6, 2020 OOGA Annual Meeting Easton Hilton Columbus, OH March 14, 2020 2020 West Virginia Legislative Session Ends West Virginia Capitol Charleston, WV March 24, 2020 IOGAWV Safety Seminar TC Energy Charleston, WV March 24-25, 2020 10th Annual Shale Water Management Congress Marcellus & Utica Returns Marriott City Center Hotel Pittsburgh, PA Info: www.shale-water-marcellus-utica.com March 25-26, 2020 WV Construction/Design Show Charleston Coliseum Charleston, WV March 31, 2020 IOGAWV Safety Seminar Bridgeport Country Club Charleston, WV April 20-21, 2020 Marcellus and Manufacturing Conference Marriott at Waterfront Place Morgantown, WV Info: www.wvma.com April 28-29, 2020 WV Governorâ€™s Safety Conference Embassy Suites by Hilton Charleston, WV Info: www.wvsafetyconference.org

May 17-19, 2020 IOGCC Annual Business Meeting Oklahoma City, OK Info: http://www.iogcc.ok.gov June 8-9, 2020 IOGAWV Science Teacher Workshop Embassy Suites by Hilton Charleston, WV Info: www.iogawv.com June 8-9, 2020 KOGA Annual Conference Embassy Suites -Lexington Green Lexington, KY Info: www.kyoilgas.org June 29-July 1, 2020 IPAA 2020 Mid-Year Meeting Newport Beach, CA Info: www.ipaa.org July 14-16, 2020 Tom Dunn Academy WV Wesleyan College Buckhannon, WV Info: www.iogawv.com August 2-4, 2020 IOGAWV Summer Meeting The Greenbrier White Sulphur Springs, WV Info: www.iogawv.org August 12-20, 2020 NAPE Global Business Conference G.R. Brown Convention Center Houston, TX September 18-19, 2020 IOGAWV Sports Weekend Bridgeport/WVU Info: www.iogawv.org

Promote IOGAWV College and Vo-Tech Scholarships to your employees. The deadline is March 20, 2020.

Member News

Leadership WV Announces Class of 2020 Nine people employed by IOGAWV member companies are among 56 leaders from across the state who have accepted invitations to participate in the 2020 Class of Leadership West Virginia (LWV). Class participants were selected from a list of applicants submitted in late 2019. The nine participants affiliated with IOGAWV are: • Jason Harshbarger Dominion Energy • Joseph Leonoro Steptoe & Johnson, PLLC • Natalie Luppold Suttle & Stalnaker, PLLC • Shelby Paxton Encova Insurance

•

Lisa Stover Arnett Carbis Toothman, LLP • Ryan Taylor Pickering Associates • Stephanie Warino The Thrasher Group • Chris Weikle Southwestern Energy • James Yost GAI Consultants Leadership West Virginia (www. leadershipwv.org) celebrates 29 years as a statewide education and leadership development not-for-profit program in West Virginia. IOGAWV’s Charlie Burd and Lori Miller Smith are both graduates of the program. The eight-month program cultivates leaders from a variety of employers throughout West Virginia and enhances their knowledge not only of the challenges facing the state, but also its unique attributes and diversity. Recognizing that leadership is of utmost importance to West Virginia’s prosperity and progress, LWV works to develop

and motivate a cross-section of leaders who can and should use their talents and abilities to inspire others and foster a new spirit of energy, enthusiasm and vitality throughout the state. LWV is affiliated with the West Virginia Chamber of Commerce. “Each year, class participants are selected from a list of top-quality applicants from around the state,” said Pam Farris, executive director of LWV. “Individuals are selected into the program because they demonstrate leadership skills and experiences in civic activities and in their professional careers. “We continue to see an increase in the number of applicants each year and we are very pleased with the diversity of candidates in the 2020 class,” Farris said. She also noted that interest in being a class member continues to be a very competitive process as the program now has more than 1,400 alumni from across the state and graduates from 54 counties.” Throughout this year members of the class will travel to different communities in West Virginia to receive broad-based education on critical topics and, at the same time, have opportunities to improve their leadership skills. “Leadership West Virginia provides graduates with the skills and the knowledge in making sound, informed decisions,” added Farris. Many of the participants serve as private citizen volunteers, and many seek and serve in public office. Among the many benefits that come with being a graduate of the program is the network of alumni throughout the state. IOGAWV congratulates the individuals who were selected to this year’s class.

Chris Weikle Communications & Education Committee Chair

2020 College and Vo-Tech Scholarships Deadline is March 20 In 1997, the Independent Oil and Gas Association of West Virginia, Inc. (IOGAWV) established its Scholarship Program in an effort to become more involved in higher education in West Virginia. The Scholarship Program was specifically created to reward the outstanding scholastic achievements of high school seniors whose parents work in the oil and natural gas industry for IOGAWV membership companies. Since the Scholarship Program’s inception, IOGAWV has awarded a total of $168,500 in scholarships to these very deserving students.

The Association also awards deserving high school “student employees” who have completed a required number of working hours at an IOGAWV member company. Beginning in 2020, there will be two scholarships awarded each year to students attending community college or vocational-technical education programs. Complete eligibility rules for both scholarship types can be found on our web site at http://iogawv.com/ about/scholarship.aspx and have been sent to all member companies. The completed application,

including all required forms and information, must be signed by the high school counselor and postmarked no later than March 20, 2020. IOGAWV will accept completed applications between Jan. 2, 2020 and March 20, 20. From all the applications received, an IOGAWV Scholarship Review Committee will award a number of one-time only scholarships. Should you have any questions, please contact Dee Beane at 304-344-9867 or via email at dbeane@iogawv.com. Full details and forms are available at www.iogawv.com.

Ergon

Monthly Appalachian Basin Crude Oil Prices NYMEX AVG OIL PRICE 2017 AVG Price - $50.99/bbl 2018 AVG Price - $64.79/bbl 2019 AVG Price - $57.02/bbl

$80.00 $70.00 $63.79

$60.00 $55.07

$58.09

$60.89 $54.86

$57.50

$56.68

$54.84

$50.00

59.84

57.08

$54.13

$40.00 $30.00

Series1

$20.00 $10.00 $-

Jan-19

Series1

Jan-19 $51.48

Feb-19 Feb-19 $55.07

Mar-19 Mar-19 $58.09

Apr-19 Apr-19 $63.79

May-19 May-19 $60.89

Jun-19

Jul-19

Jun-19 $54.86

Jul-19 $57.50

Aug-19 Aug-19 $54.84

Sep-19 Sep-19 $56.68

Oct-19 Oct-19 $54.13

Nov-19 Nov-19 57.08

Dec-19 Dec-19 59.84

Greg Kozera Learned Leadership LLC

Beware of Your Dream Stealers I recently did a radio program, Exploring Energy, in Elk City, Oklahoma. I knew I was among friends when the first commercial was for Bud’s Roustabout Service. This was my second visit to the show. My first was in November. It was a fun show lasting almost an hour. We covered topics from renewables, natural gas and oil prices and petrochemicals, to the antis’, economic development and even OOGEEP’s and Shale Crescent’s Natural Gas Savings Study. When the show was almost over the host commented, “I think the most important thing I heard

your say today, Mr. Kozera, is that it is better for us to bring industry here and sell our natural gas locally then to put it in a pipeline.” His statement surprised me. I thought I covered that in the November show. At Shale Crescent USA, we have been working at marketing the region to bring industry here. One of our goals is to increase demand for natural gas close to the well head. Sometimes people need to hear information more than once especially if it is new information or it changes a long-time fact or paradigm. For decades, our problem

:=?-: Dominion Energy

:i' Craig C. Colombo

LDC Gas Supply Strategic Advisor

Dominion Energy Services, Inc. 120 Tredegar Street, Richmond. VA 23219 0: 804-787-6167 M: 804-921-2788 Tieline: 8-738-6167 F: 804-787-6483 craig.c.colombo@dominionenergy.com

Homestead Communications

getting YOUR message to the right people through award-winning public relations homestead communications po box 13604 | charleston, wv 25360 304.984.0308 | homesteadcommunications@frontier.com

in the USA was lack of supply, not demand. Before the shale revolution, we were making plans to import LNG to meet domestic demand. The market has changed for natural gas in the USA. Twenty years ago, we could produce as much natural gas as possible with no impact on natural gas prices. Bonuses were based on production increases. Today increased production from our largest natural gas producers can increase supply and lower natural gas prices. The concept of increasing demand close to the wellhead has been slow to be understood or accepted as a possibility. I believe our industry still has the ability to dream high. We are still constantly finding new technology to make operations more efficient. My concern, when it comes to profitability, is “are dream stealers creating a mindset that we can’t increase regional natural gas demand and sell more of our product locally?” Dream stealers are those people who tell you all of the reasons why you can’t achieve your dreams. They may be mean spirited like my wife’s high school advisor. They may not want you to succeed when they can’t or won’t. Dream stealers may be well meaning family, close friends or peers who really think they are doing right by you. They may not want to see you hurt or disappointed. My wife’s dream was to be a nurse since she was a little girl. She worked as a candy striper in the local hospital. At 14, she trained to be a certified nursing assistant in high school. Her plan was to go to college for nursing school after high school until her advisor told her she was “too Dream Stealers Continued on page 23

Mark Clark Spilman Thomas & Battle, PLLC

Proposed Rule Revisions for NEPA In another step in President Trump’s ongoing efforts to relax environmental restrictions impacting economic development, on January 10, 2020, the Council on Environmental Quality published its proposed rulemaking to update its regulations for implementing procedural provisions of the National Environmental Policy Act (“NEPA”) (“Proposed Rule”). The deadline for filing comments on the Proposed Rule is March 10, 2020. Public hearings will be held on February 11, 2020, in Denver Colorado, and on February 25, 2020, in Washington D.C. NEPA requires federal agencies to consider the environmental impact of major federal actions significantly affecting the quality of the human environment before taking such actions in a “detailed statement.” The statute also requires agencies to consider alternatives to proposed actions. Under the current regulations, agencies comply with NEPA and the regulations by (i) developing Environmental Impact Statements (“EIS”) for major federal actions significantly affecting the quality of the environment, (ii) preparing an Environmental Assessment (“EA”) to determine whether an EIS is required or to document the agency’s determination that an EIS is not required or (iii) identifying an applicable categorical exclusion for actions that do not individually or cumulatively have a significant effect on the environment. The Proposed Rule seeks to modernize and clarify regulations to facilitate more efficient, effective, and timely NEPA reviews by federal agencies. The revisions would reduce paperwork and delays, and promote

better decisions consistent with the national environmental policy set forth in §1 of NEPA. That section sets forth a national policy “to use all practical means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans.” NEPA does not mandate particular results or substantive outcomes. Rather, NEPA requires federal agencies to consider environmental impacts of proposed actions as part of agencies’ decision-making processes. The Proposed Rule would redefine “effects” or “impacts” as the effects “that are reasonably foreseeable and have a reasonably close causal relationship to the proposed action or alternatives.” The Proposed Rule emphasizes the causal relationship that is necessary and states that a “but for” causal relationship is insufficient to require analysis under NEPA. The proposal also states that effects should not be considered significant if they are remote in time, geographically remote, or the product of a length causal chain. In addition, in a significant shift from the current rules, the Proposed Rule would expressly state that analysis of cumulative effects (as defined in the current regulations) in not required. Thus, consideration of climate change as an “impact” of a project will not be required.

The Proposed Rule would add provisions that address the threshold question of when NEPA applies to an agency action. The provisions provide five considerations to assist agencies in analyzing whether compliance with NEPA is necessary. The proposed rule also clarifies that agencies may either (i) conduct these threshold analyses on a case-by-case basis or (ii) identify specific actions not subject to NEPA in their NEPA procedures. The Rule would eliminate some NEPA requirements by revising the definition of a “major federal action” to exclude “non-federal projects with minimal federal funding or minimal federal involvement where the agency cannot control the outcome of the project.” For example, this revision might exclude a NEPA review of the entirety of a project for which a small amount of federal funding is provided to help design an infrastructure project that is otherwise funded through private or local funds. The Proposed Rule would set presumptive time limits to prepare EAs (one year) EISs (two years), unless a senior agency official approves in writing a longer time period. The proposal would also limit the page length (not including appendices) of (i) EAs to 75 pages and (ii) EISs to 300 pages, unless a senior agency official provides written approval to lengthen the document. It would require that comments and objections to environmental analyses that are untimely submitted or not submitted shall be deemed forfeited. This provision is intended to prohibit parties from challenging analyses based on issues they did not raise during the NEPA Rule Continued on page 21

Sam McKown Membership Committee Chair

IOGAWV Board Approved Five New Members in January Please welcome these new members approved in January: Back Roads Energy W. Marc Acree 4811 Bayfield Rd.

Allison Park, PA 15101 Phone: (412) 721-8855

PO Box 36 Houston, PA 15342 Phone: (724) 514-6027 Cell: (724) 825-1772 acreeland@gmail.com www.backroadsenergy.com

PRO

CBRE West Virginia PRO David Durbin 707 Virginia Street, Suite 1420 Charleston, WV 25301 Phone: (304) 720-8497 Cell: (304) 382-5859 Fax: (304) 720-8498 david.durbin@cbre.com

www.cbre.com

Protech EIS Corporation ALL James Shafer 4806 Chimney Dr. Charleston, WV 25302 Phone: (304) 935-2223 Cell: (304) 761-2138 jdshafer@protecheiscorp.com www.protecheiscorp.com

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IOGA Science Teacher Workshop

IOGAWV Recognizes Science Teacher and Plans for 2020 June Teacher Workshop The Independent Oil and Gas Association of West Virginia (IOGAWV) is preparing to host its third annual Science Teacher Education Workshop in June 2020, and one Hurricane Middle School teacher is using those lessons in her classroom. Earlier workshops were attended by more than 40 science teachers each year from across the state. The goal of the workshop is to help foster STEM (science, technology, engineering and math) and energy education by connecting science teachers to the energy industry, and Maureen Miller has surpassed that goal over the last two years with her eighth grade science classes. “The IOGAWV Teacher Seminar was one of my top 10 continuing education experiences ever. We were treated like rock stars from the moment we came in,” Miller said. “I want all of education to be elevated and I hope this opportunity continues for teachers.” “I am incredibly happy the inaugural event came to fruition,” Jeff Isner, CEO of Pillar Energy and an IOGAWV member instrumental in the planning and execution of the 2018 inaugural workshop, said. “I have been passionate about getting this program off the ground, and I’m looking forward to watching it grow in the years to come.” Miller said her experience with the IOGAWV Science Teacher Education Workshop has helped her impression of the industry become more positive. “Oil and natural gas help with efficiency, cleanliness and jobs,” she said. “Fossil fuels will be part of our energy ongoing, so how can we do it better?”

Hurricane Middle School science teacher Maureen Miller spoke during the Winter Meeting about her experiences with the Science Teacher Workshop. President Kevin Ellis presented her with a plaque recognizing her “outstanding contributions in the field of STEM education for all students and inspiring young men and women to achieve their fullest potential.” The workshops are modeled after the Ohio Oil and Gas Energy Education Program (OOGEEP), which hosts teacher workshops throughout the year in Ohio. The workshop consists of seven learning stations, related curriculum and hands-on STEM activities regarding the natural gas and crude oil industry. Each teacher receives an IOGAWV material kit with supplies to conduct experiments learned during the seminar with their students in the upcoming school year. Miller uses those materials to create a project-based learning (PBL) opportunity for her classes that involves constructing a mock pipeline through Putnam County, focused in and around Hurricane. “I did a NASA Endeavor program in 2018 and this class now is part of the

lesson plan I developed for NASA,” Miller explained. Several IOGAWV members visit with classes on two days in December to hear final presentations from each “company.” “The first two workshops turned out to be wonderful events, and Maureen proves that teachers walked away with valuable tools and information for their students,” IOGAWV Communications and Education Chair Chris Weikle said. “I’d encourage our members to get involved with this program, either as workshop panelists or sponsors.” Dates for the 2020 IOGAWV Science Teacher Workshop are June 8-9, 2020. If you’re interested in sponsoring this outstanding program, use the form on page 25.

Winter Meeting Highlights

IOGAWV 2020 Winter Meeting Outstanding The Independent Oil and Gas Association of West Virginia’s (IOGAWV) 2020 Winter Meeting took place January 21 and 22, at the Marriott Town Center Hotel in Charleston. This year’s event featured Antero Resources as its Premier Sponsor with an agenda that highlighted several timely and noteworthy topics, and an outstanding array of speakers, including Governor Jim Justice, selected leaders from some of West Virginia’s top oil and natural gas producing companies and other recognized oil and natural gas industry experts. Technical sessions Tuesday were sponsored by Encova Insurance, Profire Energy and Schlumberger Oilfield Services. These presentations addressed the latest in technological advancements, as well as marijuana in the workplace and mental health issues. “This event presents industry professionals with a wonderful opportunity to further develop their knowledge and skills so they can continue to grow and flourish,” said IOGAWV Vice President and Program Chair Ben Sullivan. In addition to sponsors listed elsewhere, we’d like to thank Apex Pipeline Services, Diversified Gas & Oil Corp., EQT, Southwestern Energy and USI Insurance Services. IOGAWV President Kevin Ellis said the two-day conference attracted over 400 registered attendees, with talks ranging from technology to new businesses coming to the state. Ellis stressed that IOGAWV represents the entire natural gas and oil industry and shared highlights of the association’s benefits, services, activities and legislative efforts. “Our goal is to provide every member with tangible benefits,” he said.

Shown from left are IOGAWV leaders and speakers at the 2020 Winter Meeting: IOGAWV President Kevin Ellis; IOGAWV Vice President and Program Chair Ben Sullivan; Derek Cutright, Southwestern Energy; Governor Jim Justice; Alvyn Schopp, Antero Resources; Maverick Bentley, Diversified Gas & Oil Corporation; and IOGAWV Executive Director Charlie Burd.

Shown above is Toney Stroud of Encova Insurance, a Tuesday technical session speaker, who said 70% of illegal drug users are employed.

Shown above, from left, are Schlumberger Oilfield Services speakers David Berg and Petr Kolchanov.

Shown from left are Profire Energy technical session speakers Brant Baker, Bill O’Dowd, Brendon Keller and Matt Anson.

Winter Meeting Highlights

Wednesday’s “Pipeline Panel” featured, from left: Jason Harshbarger, State Policy Director, Dominion Energy Transmission; Jim Crews, Vice President, MPLX; Shawn Tolle, Business Manager, Commercial East-U.S. Pipeline, TransCanada; and moderator Maribeth Anderson, Director, Governmental Relations, Antero Resources.

Right: Antero Resources’ Alvyn Schopp, left, and Bill Maloney of Cow Run Energy, right, visit with First District Congressman David McKinley during Tuesday night’s membership reception, sponsored by Civil and Environmental Consultants, Inc.

Left: Third District Congresswoman Carol Miller spoke to IOGAWV members during Wednesday’s membership and legislative reception, sponsored by Antero Resources.

Winter Meeting Highlights

2019 Reclamation Award Recipients Honored The annual Oil and Gas Reclamation Awards, sponsored by the West Virginia Department of Environmental Protection’s Office of Oil and Gas, were presented during IOGAWV’s Winter Meeting. The presentation, sponsored by Ergon Oil Purchasing, featured James Martin, Chief, Office of Oil and Gas, and IOGAWV President Kevin Ellis. Scores ranged from 87 to 99, depending on well count by company. Ergon also sponsored Wednesday’s breakfast. “We were honored to present these awards that recognize environmental excellence,” said Ellis. “The employees, management, partners and all those affiliated with the reclamation efforts have done a wonderful job and are committed to their work in the industry as well as protecting the environment.”

2019 Reclamation Award recipients are shown here: (front row, from left) Ross Schweitzer, Arsenal Resources LLC; Chad Griffith, CNX Gas Company LLC; Maribeth Anderson, Antero Resources Corporation; David McDougal, Northeast Natural Energy; and Kevin Coleman; Chevron Appalachia LLC; (back row, from left) Tim Sands, XTO Energy, Inc. Jim Pancake, Tug Hill Operating, LLC; Derek Cutright, Southwestern Energy; and Roger Heldman, HG Energy II Appalachia LLC.

Winter Meeting Highlights

Above: IOGAWV Director and Producers Issues Committee Co-chair David Haney led the discussion at Tuesday’s breakfast meeting of the Producers Issues Committee. The event, open to producers only, was sponsored by MPLX.

Winter Meeting Sponsors

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Todd Tetrick Safety Committee Chair

First Aid, CPR and AED Training Sessions to be Offered The Independent Oil and Gas Association of West Virginia (IOGAWV), the West Virginia Oil and Natural Gas Association (WVONGA) and the West Virginia Manufactures Association (WVMA) have teamed up to offer members a comprehensive first aid, CPR and AED training course in two locations. The first session is on Tuesday, March 24, at TC Energy's auditorium in Charleston. The second session is on Tuesday, March 31, at

the Bridgeport Country Club. Both sessions will cover the same material and will run from 9:00 am to 3:00 pm. Space is limited to 50 registrants at each location and are based on a first-come, first-served basis. This National Safety Council course is lead by an expert in occupational first aid training and has curriculum and content that includes: how to prevent disease transmission; bleeding and wound care; poisoning, allergic reactions and choking; among other things.

This proven method of instruction improves skill mastery and longterm retention. The registration fee is $75 and includes instruction/certification and lunch. An online registration form has been created and is available at https://wvonga.memberclicks. net/first-aid--cpr-and-aed-training. Upon completion of the form, you will be prompted to pay via credit card or to be invoiced.

(iii) meet the goal of the applicant (where applicable). Critics of the Proposed Rule have asserted the changes would weaken critical safeguards for air, water and wildlife. The Proposed Rule will likely be challenged in court, but if it becomes final it could eliminate a powerful tool that climate change activists have used to stop or slow Mr. Trump’s encouragement of coal and oil development. The Proposed Rule is, in part, a response to court rulings that regulatory decisions have failed to adequately consider environmental impacts. For example, early last year a federal judge found that the Obama administration did not adequately take into account the climate change impact of leasing public land

for oil and gas drilling in Wyoming, a ruling that also presented a threat to Mr. Trump’s plans for fossil fuel development. Shortly thereafter, another federal judge dealt a blow to Mr. Trump’s plan to lift an Obamaera moratorium on coal mining on public lands when he found the administration did not adequately study the environmental effects of mining as required by law. The Council on Environmental Quality will consider the comments filed in March and likely publish a final rule later this year which will undoubtedly be challenged in court. If you have questions or comments regarding the Proposed Rule, please contact Mark Clark at MClark@ Spilmanlaw.com or Dave Yaussy at DYaussy@Spilmanlaw.com.

NEPA Rule Continued from page 12 public comment period. The proposal would also limit the opportunity for judicial review to the issuance of a signed record of decision or other final agency action. Thus, the opportunity for litigation to slow or stop a project will be more limited. The Proposed Rule would revise provisions related to the purpose and need statement and the definition of reasonable alternatives. Specifically, it would require agencies to base the purpose and need statement for an authorization for private action on (i) the goals of the applicant and (ii) the agency’s authority. It also proposes to define “reasonable alternatives” as alternatives that are (i) technically and economically feasible; (ii) meet the purpose and need for the proposed action; and

Burd’s Nest Continued from page 4 3. HB 4311 (and Senate Bill 338) address Deep Well Spacing Rules. This Legislative Rule, 39 C.S.R. 1, “Rules of the Commission,” was modified in December 2019 by the Agency and authorizes the Oil and Gas Conservation Commission to promulgate a legislative rule relating to rules of the commission. These rules will support and enhance the drilling of horizontal wells and eliminate the current 3,000-foot surface spacing requirement in addition to other downhole spacing criteria. IOGAWV is in full support of this rules bill that has passed House Energy and lies in House Judiciary for further consideration. These companion bills were introduced on January 14, 2020. 4. SB 520 and HB 4421 (Creating Natural Gas Liquids Economic Development Act of 2020). The purpose of these bills is to encourage development, transportation and use of natural gas liquids for the

benefit of natural gas projects in the state by providing certain tax credits related to the production, transportation, storage, use and consumption of natural gas liquids. IOGAWV supports these companion bills. 5. HB 4460 (Relating to the valuation of natural resources property). The purpose of this bill is to clarify the types of operating expenses that must be used for purposes of valuing producing oil and natural gas wells, the methodology that shall be used by the Tax Commissioner in calculating operating expenses, the confidentiality of information submitted by natural resource producers to the Tax Commissioner, reports that must be submitted by the Tax Commissioner to the Joint Committee on Government and Finance, and to provide for alternate appeal of proposed valuation of natural resources property for ad valorem property tax purposes. IOGAWV fully supports this bill that was

introduced on January 22, 2020. What is presented here is but a sampling of the legislation your IOGAWV lobbying team is currently following, but it provides you insight into the positive and proactive approach IOGAWV is presenting to benefit all levels of West Virginia producers. And just as those seeking to ascend Mt. Everest would confess, it cannot be accomplished without much planning and preparation. This is also true of the planning and preparation conducted by your IOGAWV Board of Directors and Governmental Affairs Committee in conjunction with your lobbying team of myself, Phil Reale, Daniel Hall and Jim Fealy. Please know this expert team will vigorously pursue our offensive game plan, while at the same time being ever vigilant to those adverse legislative efforts that will face us, such as negative or additional severance tax legislation, or harmful tax, environmental or regulatory efforts. The Legislative Session officially concludes at midnight, Saturday, March 7, 2020.

Dream Stealers Continued from page 11 stupid” to go to nursing school. This high school advisor almost stole my wife’s childhood dream to become a nurse. Lynnda had a choice to make. She could believe the advisor and give up on her dream or believe in herself. She joined the Navy and became a corpsman (medic). When she finished her military tour, she was accepted into nursing school and graduated as an LPN. After working as an LPN for several years she went back to college to get her RN degree, taking classes part time. Lynnda was working full time. All three of our children were young and at home and Lynnda’s handicapped

mother was living with us. It took a few years but, despite all the challenges, she graduated as a Registered Nurse. We are proud of her. She worked for years full time and is still living her dream working part-time as a nurse. She chose not to allow someone to steal her dream. I recall a team dinner for my high school soccer team and their parents. where I announced that our seniors’ dream for that season was to go back to the State Soccer Tournament and win the Boys’ State Championship. We were at the State Tournament the previous season and fell short. All the boys were excited and cheering. I was shocked to see

the look on the parents’ faces was one of sheer terror. Some shook their heads. They were afraid the boys would fail and be disappointed. Maybe the parents had experienced failure and disappointment in their own lives and wanted to protect their sons. The boys weren’t afraid to dream high. They didn’t allow their parents or anyone else steal their dream. The boys went on to win the State Championship. Shale Crescent USA has challenging goals to bring high wage jobs and economic prosperity to the Region. In 2017 at the World Petrochemical Conference (WPC) Dream Stealers Continued on page 23

Dream Stealers Continued from page 22 we were laughed at when we talked about bringing manufacturing and petrochemical jobs back to this region. We were told our region didn’t know what we were doing when it comes to petrochemicals. “Just send your natural gas and natural gas liquids to the Gulf Coast where we know what to do with them.” It was demoralizing but we have a strong team and support each other. We didn’t let the negativity of the people on the Gulf keep us from going after our dreams. We came back to WPC in 2018 and 2019. People and companies are now coming to “The Crescent.” We still have our dreams and are in the process of seeing them come true. What about you and your organization? Do you have dreams? Have you set some high dreams? How important are they to you? Do you believe you can achieve them? How bad do you want it? Are you willing to work for it? Who do you spend

the most time with, people who are positive and uplifting or people who are negative and depressing? You get to choose who you spend the most time with. You get to decide if you will listen to and believe the dream stealers. Only you can decide how important your dream is. Only you can decide who or what you will believe. You can believe all of the reasons why increasing demand close to the wellhead will fail. You can also look for the reasons why it makes perfect sense. Remember that who you spend time with is who you become, positive or negative. Find people who will encourage you and help you achieve your dreams. Walt Disney said, “If you can dream it, you can do it.” Disney World was one of his dreams. His dream was so powerful it outlived him. I challenge you to dream a little higher this year than you did last

year. I encourage you to spend time with positive people who will uplift and encourage you. I believe all things are possible if we believe, do the work and persevere. My wife, my high school soccer team and Shale Crescent USA are three examples I am associated with that overcame the dream stealers to have success. The American natural gas industry, thanks to you, has increased production and saved the American consumer over $1.1 trillion in the past 10 years and created cleaner air. How many people would have thought that possible in 2005 in the middle of our energy crisis? Our region can once again have high wage jobs, a high standard of living and a clean environment. This can create a path to success for the natural gas industry. All is possible. We can never allow the dream stealers to destroy our dreams. I believe in you! Go for it in 2020.

Oil & Gas and others for many years. All Combined, He knows our industry inside and out and has been both promoting and defending the West Virginia oil and gas producer against any and all opposition- the epitome of a gunslinger. With that said, I would like to present this year’s gunslinger award to a Past President, a man that drives a cool looking Ford Cobra, and someone I personally am very proud to call a friend… Mr. Marc Monteleone. Congratulations, Marc.

Members of the Monteleone family surprised Marc during the Gunslinger presentation at the Winter Meeting. Shown from left are sister Donna Secret, mother Betty Monteleone, Marc, wife Chris Monteleone, sister Shelly Monteleone and daughter Alexis with Decota Consulting Company.

Gunslinger Continued from page 1 He is also their Chief Financial Officer and was Named Best Lawyers’ 2019 Oil and Gas Law Lawyer of the Year in the southern West Virginia region. He has practiced law for more than 25 years and also has an extensive background in real estate……in land use and development…. representing both large and small developers. Plus….if you want to know about taxes and their effect on oil and gas operations or need to do a complex merger & acquisition; this years gunslinger is well-versed on those matters as well. But…… he is not only a lawyer; He is more than that. What makes him special is that he is also a boots on the ground oil and gas operator owning Tygart River Oil & Gas, LLC and has been a point man for Waco

Science Teacher Workshop Sponsor Form

2020 Science Teacher Workshop Sponsor Form Embassy Suites, Charleston, WV June 8-9, 2020 ____________________________________________________________ Company Name ____________________________________________________________ Contact Name _____________________________________________________________ Address _____________________________________________________________ City State Zip ____________________________________________________________ Telephone Email

Sponsorship opportunities:

______ Diamond Event Sponsor $5,000 and up (call for availability) • Banner hung at sponsored event • Specific signage at sponsored event • Listing on Diamond Sponsor board • Logo and name listed in event PowerPoint presentation • Logo listed in event program, web site page and newsletter ______ Platinum Sponsor $3,000 • Listing on Platinum Sponsor board • Logo and name listed in event PowerPoint presentation • Logo listed in event program, web site page and newsletter ______ Gold Sponsor $2,000 • Listing on Gold Sponsor board • Logo and name listed in event PowerPoint presentation • Logo listed in event program, web site page and newsletter ______ Silver Sponsor $1,000 • Listing on Silver Sponsor board • Logo and name listed in event PowerPoint presentation • Logo listed in event program, web site page and newsletter ______ Bronze Sponsor $500 • Listing on Bronze Sponsor board • Logo and name listed in event PowerPoint presentation • Logo listed in event program, web site page and newsletter Please return this form to IOGAWV, address below, by July 13, 2020. Be sure to email a high resolution (300-dpi minimum) version of your company’s color logo and a link to your web site to lmillersmith@iogawv.com.

Thank you for your continued support! www.iogawv.com

300 Summers Street | Suite 820 | Charleston, WV | 25301 P: (304) 344-9867 F: (304) 344-5836

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300 Summers Street, Suite 820 Charleston, WV 25301 Phone (304) 344-9867 Fax (304) 344-5836