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October 2020
WV Oil & Gas Museum Needs Our Help The West Virginia Oil and Gas Museum (Museum) is kicking off its official “Sponsor a Window” fund drive and you can help! The Museum needs sponsors to complete the first of what is hoped to be several long-term projects to renovate its building located in downtown Parkersburg, West Virginia. The Museum was originally built in 1899 and little to nothing has been done to update or renovate the original windows. The Museum is asking for sponsorships of $1,000 per window, and the leadership estimates the cost to replace all window openings will be approximately $140,000. While
all levels of contributions are most graciously accepted, those who purchase a $1,000 sponsorship will have their name prominently displayed inside the museum. The Museum is hopeful the oil and natural gas industry will come to its aid to help fully fund this project that will preserve the historic value of the building; attract and augment existing tourism in the Parkersburg-Wood County
INSIDE
and Mid-Ohio Valley areas; make visitors more comfortable when visiting; and enable the Board of Directors to open additional space in Help Museum Continued on page 8
Sports Weekend Brought Fun for All Those attending the 2020 Sports Weekend activities enjoyed great weather, golf, shooting and food. On Friday, IOGAWV members and guests enjoyed a great breakfast, provided by SLS Land & Energy Development, before heading to the golf links or the shooting range. At the registration table, sponsored by Diversified Gas and Oil, participants also received a complimentary jacket sponsored by Apex Pipeline Services, Inc. Complimentary drink tickets were sponsored by Ergon Oil Purchasing, Inc. Lunch was sponsored by Antero Resources. Our tent was sponsored by Encova Insurance, while the hole in one competition was sponsored by Shafer Equipment. USI Insurance
sponsored our entertainment. Other sponsors included Arnett Carbis Toothman, Bowles Rice, Civil & Environmental Consultants, Northeast Natural Energy, Paramount Energy Consulting and Paramount Safety Supplies. Sporting clay tournament winners were: 1st place, Jeff Triplett, Tallgrass Energy; 2nd place, Dave Fitch, Trillium Energy Partners; and 3rd place, Joseph Robinson, CEC. Golf tournament winners were: 1st place Jim Fealy, Anthony Reale, Ron Turner and Chris Williams, all with the Law Office of Philip A. Reale, PLLC; 2nd place Clark Craig, Nick Dent, Jess Ferrell and Shawn Moyers, all with Flying “W” Plastics; and 3rd place, and also winners
of the skins competition, Jason Grimmett, Jeff Messinger, Jason Miller and Jerred Novotny, all with Equipment Depot. Other winners Maribeth Anderson Vice President and were: Closest to Program Chair the Pin #8, Bob Braun; Long Drive #10, Trevor Schaffer, EnerVest; Closest 2nd Shot #11, Matt Gissy, SLS; and Longest Putt #18, Jerry Wells, Applied Construction Solutions. Sports Outing
Continued on page 16
Ben Sullivan / 2 Member Spotlight / 3 Charlie Burd / 4 Mark Clark / 5 Hugh Byers / 6 Greg Kozera / 7 Thomas Downs / 8 Kathy Hill / 9 Industry Events / 9 Michael Forbes / 10 Alex Epstein / 11 Bob Radabaugh / 12 IPAA News / 13 Steven Adams / 14 Bob Radabaugh / 15 Sports Weekend Sponsors / 17
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Ben Sullivan IOGA President
Discovering Harmony in the Hills I write this piece on my farm outside of Charleston while looking out my windows at a beautiful early autumn day. We are blessed in West Virginia to have four beautiful seasons, a luxury that many in the United States do not have in such abundance. Of all of the seasons, I would say that autumn is my favorite – filled with warm afternoons of fishing, hiking, biking and other activities sandwiched between cool mornings and evenings. The trees have not yet started to change colors in Kanawha County, but they will do so in the coming weeks. Even though the summer of 2020 has just ended, the IOGA team has been hard at work preparing for the 2021 legislative session (honing our legislative agenda, meeting with legislators and those running for political office, finalizing endorsements for GOpac - see page 15 for a list of endorsements), courting potential new members, and conducting meetings with regulators and other stakeholders, as well as managing our highly successful member insurance program and preparing for the 2021 Winter Membership Meeting. We also have been on-boarding new Board members, some with considerable IOGA historical experience and some new to our association. One of the most exciting developments on the policy side over the last month has been the finalization of approval from the West Virginia Economic Development Authority of a small loan guarantee that is a vital step in the process to hopefully kickoff the construction and operation of a new 830-Megawatt clean-burning natural gas-fired
power plant in Brooke County that is being developed by Energy Solutions Consortium. The power plant is projected to be capable of powering the equivalent of 700,000 homes and will create more than 1,000 construction related jobs and have an annual economic impact of more than $400 million. The loan guarantee process was a long and arduous one, but strong bi-partisan political advocates such as State Senators William Ihlenfeld II, Mike Romano and Ryan Weld, House Members Phil Diserio, John Kelly, Richard Iaquinta and Randy Swartzmiller, the Brooke County Commission, and Governor Jim Justice helped rally ultimate support for the project. Our own Executive Director, Charlie Burd, and several of our Board members, spent countless hours working with the plant developer and lending support and encouragement to the effort. I was particularly pleased to see the two industry associations – IOGA and WVONGA – working in harmony and taking leadership roles and partnering with the WV Affiliated Construction Trades on supporting the project. When industry and labor work together, the possibilities for our industry in West Virginia are enormous, particularly on the power generation and downstream development side. In order to grow our fine industry, and the attendant jobs, tax revenue, and capital investment in our State we need more such projects, and the IOGA team is working tirelessly in conjunction with the West Virginia Development Office and others to help identify and support the same.
2020-2021 OFFICERS BOARD MEMBERS Ben Sullivan President Maribeth Anderson Vice President/Program Chair Jim Pritt Secretary-Treasurer/Commerce Committee Chair J. Kevin Ellis Immediate Past President Doug Douglass Director/Vice Chair Producer Issues Comm. and Finance & Taxation Comm. Jon Farmer Director/Producers Issues Committee Chair Michael Forbes Director/Membership Committee Chair David Haney Director/Safety Committee Chair Jon Hildreth Director/Membership Committee Vice Chair Jeff Isner Director/ Comm. & Educ. Comm. Chair Bob Radabaugh Director/Environmental Committee Chair Eric Vir Director/Commerce Committee Vice Chair Chris Weikle Director/ Govt. Affairs Comm. Chair Marc Monteleone Finance & Taxation Committee Chair
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Member Spotlight
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Power/Electrical Conduit, Geothermal, Power Plants, and Landfills. We currently are members of or manufacture pipe to the specifications of the following organizations; PPI (Plastic Pipe Institute), NSF (National Sanitation Foundation), AWWA (American Water Works Association), RUS (Rural Utility Services), NEMA (National Electrical Membership Association), ASTM (American Society for Testing and Materials), IGSHPA (International Ground Source Heat Pump Association) and the National Plumbing Code. Quality products are vitally important to the longevity of our company therefore we select only prime grades of polyethylene resin from reputable resin manufactures. Resin is verified as it ar-
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Charlie Burd Executive Director, IOGA
From the Burd’s Nest: But Desire...Will Be the Difference It was the last football game of the 1970 high school season, and one for which we had prepared since that first conditioning practice in the August heat. It was against our cross-county rival. It was for all the marbles, for bragging rights forever!! On that Friday morning when I got off the bus and went directly to the locker room as I did every morning, there is was on the wall above the mirror. It caught my eye immediately. It had not been there the afternoon before when I walked out to leave after that final practice. It was a huge sign, painted in Warren Warrior “blue” on white paper. It had been placed there by Coach Jerry Kelican, a leader, a role model, and a man who commanded the respect of our entire team. To this very day, I have never forgotten his words: “But Desire….Will Be The Difference.” As I recall, it had to have been three feet high and at least fifteen feet long. What it said summed up what every player on the team knew had to happen to win on this fateful night. It would take more than being in shape, more than being bigger or faster, and even more than acquiring some sheer luck…it would in the end, boil down to desire. The desire to work together as offensive and defensive units and as a team; the desire to compete and the desire to do our best to honor our coach, to represent our class, our 700 student school, and our individual communities. We were a team. A team is a group of individuals with a common goal or purpose. Teams are special things, starting out many times as a group of strangers that, over time, get to know and
respect one another. That respect acknowledges diversity and builds on that diversity of individual knowledge and skills. The great teams embrace the ideas that all the team members bring different tools and as such, create that needed camaraderie among its members. A characteristic commonly seen in high-performance teams is cohesiveness, or the measure of the attraction of the group to its member and a resistance to leaving it. There are certain steps individuals within the team must take if their team is to be the best. First, members must communicate, have an open dialogue, truly listen to opposite points of view, and focus on the solution to problems or issues. Second, members must collaborate--that means putting the team goals above your own, be proactive in the approach to finding solutions that best fit the desire outcome, and the team’s success is your success. Third, and maybe most importantly, individual team members must trust each other. Trust means being supportive of your teammates, willingly acknowledge their skill sets and embrace their expertise, maintain confidentiality, share responsibility and take responsibility for your actions, give and take constructive feedback, admit if your wrong or make a mistake; and finally, you must respect your opponent in victory and in defeat. Those main factors that determine team cohesion: similarity between members, seeking shared successes that benefit the masses, and thwarting the threat from external competitors, seems to have been somehow been removed from the playbook.
There seems to be little desire to peaceably resolving differences and disputes, and in placing value on all opinions and offered contributions. Just nineteen short years ago, we placed our heads on our pillows on September 11, 2001 in a world that was forever changed. That next day, no matter where you looked or to whom you spoke, there seemed to be the very common goal of being but one United States, to have but one common vision, and to have but one desire to love and protect ourselves and our neighbors from tyranny. Regardless of political affiliation, is it not in our collective TEAM interests to return to the root concepts of communication, collaboration, and trust? As I look to Washington, D.C. and apply these very basic concepts of TEAM…I see little to nothing to make me get excited. This great Republic has 435 House of Representative members and 100 Senators. The ideas of communication, collaboration and trust stand huddled together on the sidelines trying to stay warm while the playing field is strewn with those who mistrust, who only promote individualism and those that champion divisiveness. They do not play like a team. Of these 535 individuals I wonder, where is their desire to work together as a TEAM for the common goals so important to our Republic; where is their desire to do their best to honor their constituents, their individual state, and our Nation as a whole? Coach Jerry Kelican is no longer with us, but the lessons I learned Burd’s Nest Continued on page 21
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Mark D. Clark Spilman Battle & Thomas, PLLC
Trump Administration Regulatory Rollbacks As we near our quadrennial ritual of electing a president, it seems appropriate to look back at the regulatory revisions that have or may impact the environment and oil and gas operations in one way or another. We have reported on a number of those regulatory changes which generally reduce regulatory burden on the oil and gas industry. These regulations include: (i) U.S. Environmental Protection Agency's ("EPA") final policy amendments to the 2012 and 2016 NSPS for the oil and gas industry along with final technical amendments to the 2016 NSPS that became effective on August 13, 2020 (see September 2020 IOGA News), (ii) EPA's final rule known as the Navigable Waters Protection Rule (replacing the former Clean Water Rule) that became effective June 22, 2020 (see May and August 2020 IOGA News), and the Council on Environmental Quality rulemaking to relax National Environmental Policy Act ("NEPA") requirements that became effective September 14, 2020 (see February and August 2020 IOGA News). All of these rules are being challenged in court by environmental organizations and state authorities.
However, there have been a number of other regulatory developments initiated by the Trump Administration that are too numerous to mention in full, but here are a few of the other efforts at regulatory rollback. Oil drilling in the Arctic National Wildlife Refuge has been authorized as of August 17, 2020, as a result of the Bureau of Land Management's completion of an environmental impact statement which was adopted by the Secretary of the Interior. This action made the Arctic National Wildlife Refuge available to future exploration, development and transportation. It is not clear whether any leases will be awarded before the end of 2020. Listing endangered species and designating critical habitat three rule package promulgated by the Fish and Wildlife Services and National Mariners Fisheries Service making it easier to delist endangered or threatened species while increasing requirement for designating critical habitat. These three rules were issued on August 12, 2019, and became effective on September 26, 2019 (see September 2019 IOGA News). The EPA's Safer Affordable
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Fuel-Efficient Vehicles Rule for model years 2021-2026 passenger vehicles reduces the corporate average fuel efficiency requirements and increases the CO2 emissions standards compared to the Obamaera standards, which would reduce the average price of a new vehicle by about $1,000 and reduce regulatory costs through model year 2029. These rule revisions were finalized by the EPA on March 30, 2020, but are not yet effective. Rescinding the Clean Fuels Grant Program created under the Federal Transit Administration to assist nonattainment and maintenance areas in achieving or maintaining air quality attainment status, support emerging clean fuel and advanced propulsion technologies for transit buses, and create markets for these technologies. The Clean Fuels Grant Program rollback became effective October 21, 2019. Rescission of the Clean Power Plan rulemaking was published on October 16, 2017, and was a companion rule to the Affordable Clean Energy Rule which was issued on August 31, 2018, and was intended as a substitute for the Clean Power Plan. The rescission of the Clean Power Plan and the Affordable Clean Energy Rule both became effective on September 6, 2019. However, those rules are the subject of ongoing litigation as are most of the rules mentioned in this article. Withdrawal of the comprehensive program requiring developers to compensate for their construction and other activities on federal land. The U.S. Fish and Wildlife Service issued the Endangered Species Act Reg Rollbacks Continued on page 14
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Hugh Byers Direct Energy
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Greg Kozera Learned Leadership LLC
Success and Happiness in All the Chaos Because of Covid-19, I gave a lot of thought to coaching high school soccer again. There are potential risks and exposure to the virus. Every day is full of risks. Just getting out of bed and going downstairs is a risk. Driving a car is a risk. We always need to take precautions like wearing a seatbelt or a mask. The alternative is to stay in bed. I’m coaching! This will be a challenging season because of the uncertainties with Covid and related rules. We can’t even guarantee we will play a game until it starts. This season will require mental toughness as well as the usual hard work, skills and teamwork. As a coach, hopefully I can help the boys to develop mental toughness. One of the reasons I coach is the joy of helping boys grow into young men and learn to achieve their dreams. I remember the joy of watching the boys hoist our first state championship trophy. Tanner, was our goalkeeper. He was so short he had to a hard time touching the crossbar even when he jumped. Tanner’s heart, hard work and attitude made up for his lack of size. He won the starting goalkeepers job just before the playoffs started. When the championship game ended the newspaper took a picture of Tanner with both feet off the ground. We met on the field with tears of joy in our eyes. I told him, “You are a State Champion Keeper.” He went on to be a successful Army officer and attorney. I learned my happiness is from helping others succeed. Happiness isn’t about acquiring things. A preacher recently suggested a different picture of hell. It wasn’t fire and brimstone. He said, “Hell
is having and doing everything we want and realizing it doesn’t make us happy.” Happiness from stuff doesn’t last very long. What does our happiness have to do with focusing on the needs of others rather than our own and making a difference? Maybe a lot. Success in business and sales, as a manager or owner happens when we put others needs ahead of ours. If we give our customers what they need and want first, we have a chance to get what we need. The late sales expert Zig Ziegler said, “You can have anything you want if you first help enough other people get what they want.” At Shale Crescent USA, our prospects have access to our hard data so a decision to come to our Region is easier. Local companies can use it to expand creating jobs our Region needs. We have a large network we can access, three studies we can give away and years of experience to help companies expand in our Region. The late Earl Nightingale said, “Happiness is an inside job”. We get to decide how happy we are based not on what happens to us but how we choose to look at it. For some people, the lockdown was a big negative. For others, it was a time of opportunity to work on their business and grow closer to family. When I began coaching high school soccer, it wasn’t about money. We didn’t get paid. It was about giving back to the school that gave my kids a great education. I did not expect the amount of joy and happiness I received. The boys helped me to dream again. A gift important in the work I now do for Shale Crescent USA. What in your life gives you joy, es-
pecially now? Start with your spouse and family. What can you do to make them happy? In my marriage, I learned if I expected to be happy I needed to help Lynnda to be happy. What can you do to make the world a better place? One person can make a difference. Give your time, talent and money without expecting anything in return. In these chaotic times people need joy and encouragement. They need to know people care about them. If we expect to be happy we need to first give joy and happiness to others. We all have the power to make a positive difference in the lives of others. We all make people happy. Some people do it by entering a room. Others do it by leaving a room. You probably know both kinds of people. Which kind are you? The difference is attitude. Our attitude determines our success. We all have friends we like to be around. They make us feel good when we are with them. Maybe they make us smile or encourage us to believe in ourselves. They look for the good and find it even in the middle of chaos. They see opportunity when others see disaster. One of the keys of leadership is a great attitude. Our attitude is a choice. We decide whether the glass is half full or half empty for us. Our attitude requires constant work to stay positive. Here are three suggestions that have helped others to develop great attitudes and may help you; • Start every day with gratitude. Think of at least 3 things you are grateful for. As this becomes a habit you will see how blessed All This Chaos Continued on page 20
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Thomas Downs WeatherBELL Analytics
WeatherBELL’s Winter Outlook
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While much of the fall is expected to be warmer than normal, a few major cold outbreaks are expected. After a cold opening to October, our research points to another twoweek cold stretch likely occurring sometime from late October to early November and another sometime in December. For the heart of the winter, we are expecting a cold start to the east of the Rockies, but then expect moderating conditions as the winter goes on along the East Coast. The Upper Midwest, Canada, and the Pacific Northwest are the regions most likely to see significant cold snaps this winter.
Help Museum Continued from page 1
the building to acquire and display relevant new exhibits. The Museum has received a matching grant totaling $43,500 from the West Virginia Department of Arts, Culture and History. The replacement process consists of removing sashes, repairing, cleaning and priming the sashes, re-glazing, painting and then re-installing the sashes. The Museum will use the same contractor as was used for the historic “Henderson Hall” restoration, completed several years ago. The Museum sees this endeavor as the logical first step to a systematic renovation of the building. Future proposed projects include HVAC updates, a new elevator and updated lighting.
If you are not familiar with this Museum, the building houses oil and gas history, information about local industry and history about the formation of the State of West Virginia. It was, for over 80 years, the W. H. Smith Hardware Company which was a vibrant retail and commercial center. The building was acquired by the Oil, Gas and Industrial Historical Association, Inc. in 1991 and was added to the National Register of Historic Places in 2003. This multi-storied brick building has been re-purposed from a commercial site to the Museum and retains its character of sturdy wooden floors and high ceilings of years gone by. The rugged and substantial construction has made it ideal for the many heavy artifacts housed therein. Its close
proximity to other historically significant buildings such as the Wood County Courthouse, the Smoot Theater, the Blennerhasset Museum and Blennerhasset Hotel make it an ideal economic resource for West Virginia and Mid-Ohio Valley tourism. The Museum is striving to become an Eastern United States Tourism Destination and needs your help! Please consider sponsoring or donating to this most worthy cause. Contributions can be made by check made out to the Oil, Gas and Industrial Historical Association, Inc. Your check can either be mailed to: P. O. Box 1685, Parkersburg, WV 26101 or to Wesbanco 411 Market Street, Parkersburg, WV 26101 attention Oil and Gas Museum Window Project.
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Kathy Hill Ergon
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Industry Events
Important Upcoming Events October 8, 2020 Ted Cranmer Memorial Golf Outing and Steak Fry Wanango Country Club Reno, PA Info: Click here
November 8-10, 2020 IOGCC 2020 Annual Meeting Virtual Format Info: http://iogcc.ok.gov/events
October 13-14, 2020 WV Governor’s Energy Summit Virtual Format Info: tiffany.j.bailey@wv.gov
November 12, 2020 PIOGA Marcellis to Manufacturing 2020 Carnegie Science Center Pittsburgh, PA Info: www.pioga.org
October 14, 2020 PIOGA Annual Meeting Virtual Format Info: www.pioga.org
November 17-18, 2020 WVONGA Fall Meeting Location TBD Info: www.wvonga.com
October 27-29, 2020 SPE Annual Technical Conference and Exhibition Virtual Format Info: www.spe.org
November 30-December 1, 2020 WV Manufacturers Association Winter Convention The Greenbrier White Sulphur Springs, WV Info: www.wvma.com
December 1-3, 2020 Dug East David L. Lawrence Convention Center Pittsburgh, PA Info: www.hartenergyconferences. com/dug-east February 17-18, 2021 IOGAWV Winter Meeting Town Center Marriott Hotel Charleston, WV Info: www.iogawv.com April 19-20, 2021 SPE Regional Meeting Nemacolin Woodlands Farmington, PA Info: www.spe.org May 3-4, 2021 WVMA: MMDC Waterfront Place Morgantown, WV Info: www.wvma.org
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Michael Forbes Membership Chair
IOGA Board Welcomes Four New Members in September Please join the IOGA Board of Directors in welcoming these members elected in September:
Apex Energy Services, LLC ALL Ryan Jenkins 3901 Washington Rd. Suite 201 Canonsburg, PA 15317 Phone: (724) 565-5568 Fax: (724) 565-8214 rjenkins@apexservice.us www.apexservice.us
Paramount Energy PRO Consulting Group, LLC Josha Wyckoff PO Box 93 Jane Lew, WV 26378 Phone: (304) 626-3665 Cell: (304) 613-1041 jwyckoff@pecgtll.com paramountsafetysupplies.com
Goodwin, Ronald ROY Ronald Goodwin 479 Viola Road Fairmont, WV 26554 Phone: (304) 366-4661 Cell: (304) 288-0928 rwgoodwin1@comcast.net
Paramount Safety Supplies PRO Rachel Wyckoff PO Box 93 Jane Lew, WV 26378 Phone: (304) 626-3665 Cell: (304) 918-7730 rwyckoff@pecgllc.com paramountsafetysupplies.com
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Alex Epstein Center for Industrial Progress
2020 Talking Points on Joe Biden’s Energy Plan
Joe Biden’s energy plan calls for outlawing reliable fossil fuel electricity and mandating unreliable solar and wind electricity. This will not stop CO2 emissions from rising but it will destroy American industry, impoverish American consumers, and jeopardize American security. Quick summary 1. Energy schemes around the world based on “unreliables”— solar and wind—have been driving up electricity costs, harming economies, destroying domestic industries, and harming consumers. Germans pay 3 x US electricity prices to get just 1/3 of their electricity from solar and wind.1 2. Instead of learning from the failures of unreliable energy schemes, the Biden Plan seeks to do far worse by outlawing reliable fossil fuel electricity and forcing Americans to pay $2 trillion--$7,500 a household--for a solar and wind-based grid that can’t possibly work.2 3. Joe Biden says that forcing Americans to rely on unreliable solar and wind will create jobs. But making electricity unreliable and unaffordable doesn’t create jobs, it destroys them. Just ask the UK aluminum industry, which “green energy” schemes are driving out of business.3 4. Joe Biden says that forcing Americans to rely on unreliable solar and wind will help middle-class Americans. But the cost of energy affects the cost of everything. Skyrocketing energy costs will drive skyrocketing food, housing, healthcare, and transportation costs.
5. America is already too reliant on unreliable solar and wind. That’s why utilities are already blacking out many of their industrial customers. And grids in Texas and the Northeast are warning of blackouts for everyone if policies don’t change. Biden’s Plan will guarantee blackouts.4 6. Joe Biden’s support of a ban on fracking, which is required to produce over 60% of American oil and 75% of American natural gas, would destroy millions of jobs and once again make us dangerously dependent on the Middle East and Russia. Do we want to be at the mercy of the likes of Vladimir Putin?5 6 7 8 7. Joe Biden’s plan to force Americans to use unreliable solar and wind won’t stop global CO2 levels from rising, because China and others won’t be stupid enough to follow suit. The only thing it will bring about is an economic and security crisis in America.9 8. If Joe Biden and other Democrats want to lower global CO2 emissions, they should stop demonizing and criminalizing reliable, non-carbon nuclear energy and lower-carbon natural gas. Instead, the Biden Plan continues the overregulation of nuclear and supports banning natural gas. References 1. Public generation of electricity was over 518 terawatt-hours in Germany for 2019, solar and wind combined generated over 173 terawatt-hours (33.4%). Fraunhofer ISE energy-charts.de German household elec-
tricity prices have more than doubled to over 0.3€ per kWh ($0.35 per kWh depending on currency exchange rate) since 2000 when the modern renewable energy law started to massively incentivize solar and wind capacity on the German grid. BDEW Strompreisanalyse Jan 2020 p. 7 The average US household price in 2018 was $0.1287 per kWh. U.S. Energy Information Administration Electric Power Annual table 5a 2. “Biden will make a $2 trillion accelerated investment, with a plan to deploy those resources over his first term, setting us on an irreversible course to meet the ambitious climate progress that science demands.” Joe Biden’s Build Back Better plan “Biden’s climate and environmental justice proposal will make a federal investment of $1.7 trillion over the next ten years, leveraging additional private sector and state and local investments to total to more than $5 trillion.” -Joe Biden’s Plan for a Clean Energy Revolution and Environmental Justice 3. “Together, these steps will unleash a clean energy revolution in America, create good paying union jobs that cannot be outsourced, and spur the installation of millions of solar panels – including utility-scale, rooftop, and community solar systems – and tens of thousands of wind turbines – including thousands of turbines off our coasts – in Biden’s first term.” Joe Biden’s Energy Plan Continued on page 19
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Robert Radabaugh Environmental Committee Chair
AST Zone Coverage Update; ZOOM Meeting Coming in October
IOGA is pleased to inform you that the WV DEP has reached out to us to provide this important updated information to all producer and tank owners on the AST Zone Mapping and Extended Effective dates. Here is its message: “The Department of Health and Human Resources (DHHR) has provided updated mapping information to WVDEP concerning changes in the Zones of Critical Concern (ZCCs), Zones of Peripheral Concern (ZPCs), and Wellhead Protection Areas (WPAs) which includes the conjunctive delineation as defined in 64 CSR 3. This information is utilized in the assignment of “levels” to regulated ASTs. Specific changes may be found in the table below. “The “level” classification previously assigned to ASTs that are located within the new coverage areas will change. “WVDEP will incorporate these changes into the AST database and notify AST owners via email of their new AST level, as applicable. The level changes will be effective on January 1, 2021. Prior to the level changes becoming effective, you may view a map of the new coverage areas (see directions below). The map of new coverage areas provided by DHHR will be available on WVDEP’s website on or about August 28, 2020. “This information is intended to assist AST owners as they make AST management decisions. However, it is not final and considered “draft” information prior to January 1, 2021. The information is subject to change and may be incomplete. “WVDEP anticipates annual up-
dates to coverage zones will continue as water intakes are added or deleted. “You may view a map of the 2020 Source Water Coverage Update for ASTs by going to http://tagis.dep. wv.gov/WVWaterPlan and completing the following steps: 1. Click Agree 2. Click Layers (left side of the screen) 3. Check SWPA and click on the triangle to the left of the SWPA box to reveal the following sublayers. a. Check sublayers SB423 SWPA, SB423 ZCC, SB423 ZPC, and 2020 Source Water Coverage Update for AST’s 2020. It may take a moment for the coverage layers to load. b. Use the search bar located at the upper left corner of the map to search for a specific location. “Should you have any questions, please contact Joshua Hamrick by email at Joshua.R.Hamrick@wv.gov or by phone at 304-(304) 926-0499, ext. 49758, Jenna Palmer at (304) 926-0499, ext.49737, or by email at Jenna.D.Palmer@wv.gov , or Amaris Elliott at 304-926-0499 ext. 49740 or by email at Amaris.L.Elliott@ wv.gov.” The updated notification document can be found here: https:// dep.wv.gov/WWE/ee/tanks/ abovegroundstoragetanks/Pages/ default.aspx As you will recall from previous communications, WVDHHR’s original intent was to make the changes effective on October 15th. However, after receiving feedback from tank owners, they have extended the
effective date to January 1, 2021.
This will help address several major concerns and provide the following benefits: 1. Provide an extended period to review and make decisions based on the changes. This is in consideration of potential slowdowns in work related to Covid-19. 2. Related to number 1, provide additional time to remove tanks that may not be needed. Which WVDEP feels is protective of public health and the environment. 3. For regulated tanks, require STI, API, or Engineer certifications on for before January 1, 2022, instead of January 1, 2021 4. Generate fees for newly regulated tanks for 2021 only. With an earlier effective date, newly regulated tanks would have been subject to operating fees for 2020 and 2021 Regarding the fees mention above, invoices will be generated based on the new designations. If a tank were to be closed between now and January 1st, the WVDEP will adjust the fee off the account. However, the removal must take place and be AST Coverage
Continued on page 13
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IPAA News
Polls: Voters Continue to Support Fracking
Energy, and specifically what role natural gas will play in America’s future, is an increasingly important topic this election cycle, as is evident in the many polls conducted in recent months. As a result, energy-rich swing states have received increased focus as we get closer to November, and as one recent survey confirms, voters and likely voters in these states continue to be supportive of developing oil and natural gas. The Epoch Times surveyed 3,631 voters and likely voters across America’s “Rust Belt” - Iowa, Michigan, Minnesota, Ohio, Pennsylvania and Wisconsin - from September 11 to September 15 on the presidential candidates and various prominent issues this election cycle, including energy. Notably, 42 percent of
respondents answered they support “fracking as a means of increasing oil and natural gas production in the U.S.” ... Morning Consult’s recent poll, conducted with the American Petroleum Institute, also surveyed respondents in 12 energy-rich swing states. The polling found that 64 percent of respondents are likely to vote for a candidate who “supports policies that ensure consumers continue to have access to natural gas and oil produced in the U.S.” Additionally, 75 percent agree that natural gas is “essential to a modern lifestyle” and 73 percent believe oil and natural gas will play a significant role in meeting energy needs in 20 years. And earlier this month, Brunswick Group’s polling found that
55 percent of respondents – both Democrats and Republicans – favor increasing the use of natural gas. According to the poll, 68 percent of Democrats and 88 percent of Republicans feel that natural gas plays a “vital role” in addressing climate change. These views are also prevalent across age ranges as another Morning Consult poll, conducted with the American Gas Association, showed earlier this year. As AGA explained, the poll found: “In this time of economic uncertainty, Millennial and Gen Z voters have made it clear: America’s plan to address climate change must include an affordable energy solution like natural gas.”
AST Coverage Continued from page 12
complete before January 1st for this to happen and the registration would need to be updated to take the tank POS. The tank owner removing the tank would have to provide some documentation that the tank was removed. This is normal procedure for RL and/or RL/MN tanks. To clarify the removal of tanks affected by this change. The mapping system is currently identifying these tanks as their new designations. However, WVDEP will be treating affected tanks as if they were their previous designation up until midnight on December 31, 2020. This means
that if a tank was previously RL or RL/MN and is now showing as Level 1 in the warehouse, removal without closure procedures as outlined in our closure guidance document is permitted because we view the tank as RL or RL/MN until January 1, 2021, when the level change will become effective. However, tanks that were previously level 2 because the exemption didn’t apply due to tank capacity (i.e. a tank with capacity over 8820 gallons) and have now changed to Level 1 would still require proper closure as outlined in the closure guidance document.
IOGA thanks the WVDEP for these extended dates. All producers please be informed that IOGA is working with the WVDEP and WVDHHR to set up a ZOOM meeting with the agencies to address questions and concerns related to the new AST zone designations. Keep an eye out for an email that will provide the date, time, and registration link. There is no charge for this meeting. This meeting is very important, as it will provide you the opportunity to speak directly to the agencies. You are strongly encouraged to participate. AST Coverage
Continued on page 18
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Steven Allen Adams Parkersburg News and Sentinel
Direct Loan for Brooke County Power Project Approved The West Virginia Economic Development Authority approved the Brooke County Power project for a direct loan to help the natural gas plant become closer to a reality. According to the West Virginia Department of Commerce, the board of directors for the West Virginia Economic Development Authority approved a $5.5 million direct loan to Energy Solutions Consortium Brooke County Power project on Sept. 9. “We look forward to the potential of this project to continue the diversification and growth of West Virginia’s energy economy,” said Ed Gaunch, cabinet secretary for the Department of Commerce in a statement Tuesday. Energy Solutions Consortium was seeking a $5.6 million loan guarantee from the Economic Development Authority for the proposed natural gas-power electrical plant, but the Economic Development Authority believed a direct loan would be a better course of action for the project. Drew Dorn, CEO of Energy Solutions Consortium, said he considers the loan a sign of good faith from the state. “Brooke County Power appreciates the confidence that the West Virginia Economic Development Authority has placed in this important project — which will become the largest down-stream user of natural gas in the Mountain State,” he said. Once complete, the 830-megawatt merchant power plant could provide energy to as many as 700,000 homes and sell power to PJM Interconnection’s 13-state wholesale energy market. According to the website for the project, the construction of the
plant would create 1,164 direct and indirect jobs and 30 full-time jobs once completed. Steve White, director for the Affiliated Construction Trades, said the approval of the loan came as “great relief.” “We have worked hard to support this project and it means close to $100 million in wages and benefits for local construction,” White said by phone Tuesday The plant is expected to have a $1.25 billion economic impact for West Virginia during the construction phase and $440 million economic impact annually to Brooke County and the surrounding area. It would provide $1 million in payment in lieu of taxes to Brooke County, with $433,000 in annual payments to the Brooke County Commission and $167,000 to the county Board of Education. The plant would be fed natural gas from a pipeline through southwestern Pennsylvania connected to the Rover Pipeline, which delivers natural gas to Canada from West Virginia, Ohio and Pennsylvania. Energy Solutions Consortium states that the plant will require $177.5 million annually of natural gas. The plant was supported by natural gas trade groups, as well as the West Virginia Chamber of Commerce. The project came under greater scrutiny after Gov. Jim Justice — whose private coal businesses supply and sell coal to power plants — asked the Economic Development Authority to take another look at the Brooke County Power project, questioning why the plant needed the loan, where the workforce to
construct the plant would come from, and what state would provide the natural gas. The West Virginia Coal Association — who endorsed Justice’s re-election campaign for governor — also criticized the project for putting coal miner jobs at risk. Neither the coal association or Justice were available for comment Tuesday. Reg Rollbacks Cont. from page 5 Compensatory Mitigation Policy that became effective on December 27, 2016. On July 30, 2018, following opportunity for public comment the Fish and Wildlife Service withdrew the Compensatory Mitigation Policy. The Brookings Institute has a tracker that lists nearly 250 rules and policies that it characterizes as "deregulation in the Trump era," covering virtually all aspects of federal regulation. Obviously, these are only a few of the many overtures made at deregulation during the last 3 ½ years. One issue that may be addressed in the coming weeks is how many of the regulatory rollbacks will be subject to reversal pursuant to the Congressional Review Act if the Administration and Congress are all controlled by Democrats. We will not know the answer to that question until November 3, 2020, or maybe not for days and weeks thereafter. If you have questions or comments regarding this article, please contact Mark Clark at MClark@ Spilmanlaw.com, Joseph Unger at JUnger@Spilmanlaw.com, or Dave Yaussy at DYaussy@Spilmanlaw. com.
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Robert Radabaugh GOpac Chair
GOpac Announces Nov. 3 General Election Legislative Endorsements GOpac, the Gas and Oil Political Action Committee of the Independent Oil and Gas Association of West Virginia (IOGA) has endorsed 86 candidates for legislative races in the upcoming November 3 West Virginia 2020 General Election. GOpac Chair Robert Radabaugh, stated, “IOGA is pleased to announce this list of candidates dedicated to greater public service. We believe each to be uniquely qualified to serve our great state in making sound business-friendly decisions that benefit all hard-working West Virginia citizens.” IOGA represents nearly 500 producers of oil and natural gas and those that serve them in West Virginia, representing more than 15,000 direct employees. IOGA’s purpose is to promote and protect the West Virginia oil and natural gas producing industry in a variety of important ways. For additional information, contact Charlie Burd at (304) 344-9867. State Senate Endorsements: District Candidate 1st Ryan W. Weld 2nd Mike Maroney 3rd Donna J Boley 4th Amy Nichole Grad 5th Robert "Bob" Plymale 6th Chandler Swope 7th Rupie Phillips 9th David “Bugs” Stover 11th Robert Lee Karnes 12th Patrick S. Martin 14th Randy E. Smith 15th Craig P. Blair 16th Patricia Rucker 17th Eric Nelson, Jr.
House of Delegates Endorsements: District Candidate 1st Mark Zatezalo 2nd Phillip Diserio 3rd Erikka Storch 5th Dave Pethtel 6th David L. Kelly 7th Trenton Barnhart 8th Bill Anderson 9th Shannon Kimes 10th Roger Conley Vernon Criss John R. Kelly 11th N. Riley Keaton 12th Steve Westfall 13th Josh Higginbotham 15th Geoff Foster 16th Mark Bates Daniel Linville John Mandt, Jr. 17th Chad Lovejoy Matthew Rohrbach 18th Evan Worrell 19th Derrick Evans Jason Stephens 21st Mark Dean 22nd Joe Jeffries Zack Maynard 23rd Rodney A. Miller 25th Tony Paynter 26th Ed Evans 27th Joe C. Ellington, Jr. Marty Gearheart Doug Smith 28th Roy G. Cooper Jeffrey Pack 29th Brandon Steele 32nd Austin Haynes Kayla Kessinger 33rd Roger Hanshaw 34th Brent Boggs 35th Moore Capito Larry Pack Doug Skaff, Jr. Chris Stansbury 36th Chris Pritt
District Candidate 36th Chris Walters 38th Dianna Graves 39th Dana Ferrell 40th Dean Jeffries 41st Heather Tully 42nd Jeff Campbell 43rd Bill Hartman 44th Caleb Hanna 45th Robbie Martin 46th Adam Burkhammer 47th Chris Phillips 48th Danny Hamrick Laura Kimble Ben Queen Clay Riley 49th Amy Summers 50th Joey Garcia Guy Ward 51st Joe Statler 53rd D.R. Buck Jennings 54th John Paul Hott II 56th Gary G. Howell 57th Ruth Rowan 59th Ken Reed 61st Jason Barrett 63rd John Hardy 64th Eric L. Householder 66th Paul Espinosa GOpac and IOGA encourage you to vote and choose those candidates who best represent your views. A complete list of candidates for all offices can be found at: https:// services.sos.wv.gov/apps/elections/ candidate-search/. The General Election Early Voting Period is October 21-31, 2020. West Virginia voters may vote by absentee ballot. A complete list of the eligibility requirements and information relating to the different forms and qualifications for absentee voting in West Virginia may be viewed at the following link: Eligibility For Absentee Voting in West Virginia.
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Sports Weekend Continued from page 1
Sports Weekend in Pictures As always, everyone had a terrific time, even though they wore masks and practiced social distancing! Please be sure to visit our sponsors on page 17. Without them, this event would not be possible, so please thank them when you can.
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Sports Weekend Sponsors
Thanks to Our Sports Weekend Sponsors 2020 Sports Weekend Diamond Sponsors
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AST Coverage Continued from page 13
Zone Changes Regarding the AST Programs and Regulated AST’s for Year 2020
New ZCC Systems
PWS_NAME TYPE Beech Bottom Water Dept ZCC Benwood Water Dept ZCC Belmont, City of ZCC Union Williams PSD ZCC McMechen Municipal Water ZCC Mason Co PSD-Letart ZCC Wellsburg, City of ZCC Tyler County PSD ZCC (FKA Friendly PSD) Glen Dale Water Works ZCC Grandview - Doolin PSD ZCC Newell Company ZCC Vienna ZCC Follansbee Municipal ZCC Paden City, City of ZCC New Martinsville ZCC Mason Co PSD - Lakin Dist ZCC Moundsville ZCC Lubeck PSD ZCC Mason Co PSD-Crab Creek ZCC Terra Alter Water Works ZCC Terra Alter Water Works ZCC Terra Alter Water Works ZCC Harman Town of ZCC Harman Town of ZCC Harman Town of ZCC
New ZPC Systems
FAC NAME WELL 2 WELL #1 WELL #1 WELL 1 WELL #1 WELL 1 WELL #1 WELL NO1 WELL #1 WELL #2 WELL #4 WELL #9 WELL 2 WELL NO1 WELL 3 Bridgeman Ln Well 1 WELL #8 WELL #A WELL 1 WELL 3 New WELL 2 New WELL 1 New WELL SPRING WELL
Expanded ZCC Systems PWS_NAME TYPE Mountain Top PSD ZCC
FAC NAME Mountain Top PSD Impnd
Removed ZCC Systems PWS_NAME TYPE Bishop Hodges Pastoral Ctr. ZCC Navy Information Operations ZCC Command / MB Pocahontas Water System ZCC Quality Inn ZCC
FAC NAME Intake Impnd Intake-S Fork of the S Branch of the Potomac Intake-Abbs Valley Creek Intake-Stone Coal Creek
PWS_NAME TYPE Harman Town of ZPC Harman Town of ZPC Harman Town of ZPC Belmont, City of ZPC Follansbee Municipal ZPC Glen Dale Water Works ZPC Grandview - Doolin PSD ZPC Lubeck PSD ZPC Mason Co PSD-Crab Creek ZPC Mason Co PSD-Lakin Dist ZPC Mason Co PSD-Letart ZPC McMechen Municipal Water ZPC Moundsville ZPC Newell Company ZPC New Martinsville ZPC Vienna ZPC Wellsburg, City of ZPC Beech Bottom Water Dept ZPC Benwood Water Dept ZPC Tyler County PSD ZPC (FKA Friendly PSD) Paden City, City of ZCC
FAC NAME Well Spring Well WELL #1 WELL 2 WELL #1 WELL #2 WELL #A WELL 1 WELL 1 WELL 1 WELL #1 WELL #8 WELL #4 WELL 3 Bridgeman Ln WELL #9 WELL #1 WELL 2 WELL #1 WELL NO1 WELL NO1
Expanded ZPC Systems PWS_NAME TYPE Pendleton Co PSD Brandywine ZPC
FAC NAME So. Fork River
Go to www.iogawv.com for all the latest information of importance to producers.
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Energy Plan Continued from page 11 Build Back Better plan 4. In Texas, the grid’s reserve margin—the amount of capacity it has above expected peak demand—has shrunk so much that the Public Utilities Commission of Texas called the situation “very scary.” -Utility Drive, January 22, 2019 For example, a 2019 story concerning Texas notes, “As wind power slowed, ERCOT instituted its first level of emergency alerts, calling on small industrial and commercial generators to pour power onto the grid, and requesting power from Mexico from which an additional 60 MW were imported on Aug. 15. Installed capacity numbers for electricity from intermittent sources such as wind and solar mean very little when they fail to produce as wind did in the middle of the hot Texas summer.” -Power Magazine, September 19, 2019 In the U.S. northeast, grid operator ISO-NE warned, the grid is likely to be at risk of fuel shortages and rolling blackouts thanks to limited natural gas pipeline capacity. “In the coming years as more oil, coal, and nuclear leave the system, keeping the lights on in New England will become an even more tenuous proposition.” -ISO New England, 2018 Regional Electricity Outlook. 5. In a Democratic primary debate in March 2020 Joe Biden agreed to a radical “no new fracking” policy to attract Democratic voters. While most of the US unconventional oil and gas operations take place on private lands, even a federal policy banning new development would be a substantial hit on domestic energy production.
Joe Biden’s energy plan also calls for a net-zero CO2 emissions economy wide by no later than 2050. His climate plan also promises aggressive new methane emission limits. Effectively, this amounts to a ban and early retirement of coal, gas, and oil for electricity generation (over 60% of the current total), as there is no cost-effective technology available to capture CO2 from fuel combustion, even though Biden tried to backpedal on the direct attacks against fracking recently. 6. “The U.S. Energy Information Administration (EIA) estimates that in 2019, about 2.81 billion barrels (or 7.7 million barrels per day) of crude oil were produced directly from tight oil resources in the United States. This was equal to about 63% of total U.S. crude oil production in 2019.” -U.S. Energy Information Administration“The U.S. Energy Information Administration (EIA) estimates that in 2019, U.S. dry shale gas production was about 25.28 trillion cubic feet (Tcf), and equal to about 75% of total U.S. dry natural gas production in 2019.” -U.S. Energy Information Administration “More than 95% of U.S. natural gas and oil wells today are developed using hydraulic fracturing.” American Petroleum Institute - AMERICA’S PROGRESS AT RISK: An Economic Analysis of a Ban on Fracking and Federal Leasing for Natural Gas and Oil Development 7. An analysis by the American Petroleum Institute estimates that a ban on hydraulic fracturing and federal leasing would create over $7 trillion in economic damages between 2020 and 2030 and cost over 7 million jobs. American
Petroleum Institute - AMERICA’S PROGRESS AT RISK: An Economic Analysis of a Ban on Fracking and Federal Leasing for Natural Gas and Oil Development 8. OPEC and especially Saudi Arabia have had a big impact on the price of internationally traded oil. OPEC Crude Oil Supply 9. China is already the leading emitter of greenhouse gases, at twice the emissions of the US. All reasonable predictions of future emissions anticipate the overwhelming majority of future emissions coming from developing countries that are trying to close the gap in wealth and energy consumption. See U.S. Energy Information Administration projections of CO2 emissions by nonOECD countries in comparison to US emissions: U.S. Energy Information Administration International Energy Outlook 2019
Register for upcoming meetings now at: iogawv.com
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All This Chaos Continued from page 7 you really are. You will begin to develop an attitude of abundance rather than an attitude of lack. • Treat everyone you come in contact with as important. You do this because this is how we should treat people. We will begin to see the good that is in everyone. We may learn what we have in common with others which is the basis for relationships. Important for any leader, is developing the ability to see people and situations not as they currently are but as they can be. • Surround yourself with people who have positive attitudes. Avoid negative like constantly hearing the daily news. Keeping a good attitude can be difficult. Shale Crescent USA was severely impacted by COVID-19. Our main source of leads and prospects are conferences and trade shows. Conferences are also where we do face to face meetings with our current prospects from around the world. We were going to be a presenter at the World Petrochemical Conference in New Orleans in March. It was cancelled as were all live events so far for 2020. We have not had a new lead or prospect since COVID started. Complaining does not change anything. Looking for opportunity does. It helps to work with a team of leaders at Shale Crescent USA who have great attitudes. We had plenty of time since we were in lockdown and the ability to reach out to the media. Covid-19 is the big topic everyone is concerned about. The virus showed us why manufacturing in the USA is important. We couldn’t get ventilators for Covid-19 patients and PPE for our frontline healthcare workers because they are made primarily in China. Bringing manuAll This Chaos Continued on page 21
Industry Intelligence. Focused Legal Perspective. HIGH-YIELDING RESULTS.
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Whether it’s a state or federal regulatory matter, local land use or zoning challenge, acquisition of title and rights to land, or jointly developing midstream assets, we help solve complex legal problems in ways that favorably impact your business and bring value to your bottom line.
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All This Chaos Continued from page 20 facturing to our Region is what Shale Crescent USA does. It is our area of expertise. We have hard data to show companies why manufacturing in the USA isn’t just the right thing to do, it is the most profitable thing to do in most cases. It also requires American oil and gas. Radio shows were looking for good guests with a unique take on the Covid-19 topic. Our perspective is, The Pandemic Proved “Made in the USA” a must for the Economy. Our bookings took off. We started getting nationally syndicated and big market shows like New York City, Boston, Miami, Charlotte, St. Louis, Chicago, Denver, San Diego, Los Angeles and Seattle. Also, Regional Shows in Cleveland and Pittsburgh. We learned everyone no matter where they were and what their political affiliation was wants to bring manufacturing and jobs back to the USA. We can tell audiences why that makes sense now and more important how to do it. Since March, we have been guests on 49 radio shows, 21 of them nationally syndicated on networks like Westwood One. Also Shows like Supply Chain Brain, PCMA (money
people), BIZ Talk Radio and Jim Blasingame, the Small Business Advocate. They have audiences that can make decisions to bring jobs here. All of this radio and additional print media gave us the opportunity to tell our Region’s story to the entire country. Our attitude, according to our prospects, has helped some projects continue to move forward despite the pandemic. Several projects have settled on or are in the process of selecting sites in our Region. Jobs are being created. At the Global Plastics Summit in October we have a virtual lunch presentation giving us the opportunity to reach potential leads and prospects for the first time since Covid-19. Our personal attitude is contagious. People we lead and even our families will reflect our attitude good or bad. People are drawn to a positive attitude. We choose our attitude. At Shale Crescent USA, we chose to look for opportunity in this chaos and found it. You can choose to develop a positive attitude and take the actions to make it a reality. The late Earl Nightingale said, “Success is when preparedness meets opportu-
nity and opportunity is there all the time.” A positive attitude helps us to see it creating success for others as well as ourselves and ultimately our own happiness.
Burd’s Nest Continued from page 4 from him: to respect your coach (leaders), to honor your teammates (fellow Representatives or Senators), to do your best, to try your hardest, to never quit, be humble in victory, and that it is in failing that you learn to succeed, has stuck with me since I last shook his hand in the spring of 1971. I must believe, that if Coach were here today and could give our 435-member and 100-member Congressional teams a common message, it would be that you can achieve victory for our Nation, “But Desire….Will Be The Difference.”
Oil and gas industry car license plates still available! Click here for information.
300 Summers Street, Suite 820 Charleston, WV 25301 Phone (304) 344-9867 Fax (304) 344-5836