2023 GO-WV December News by Diane Slaughter

NEWS

The Voice of the Gas and Oil Industry

December 2023

Security summit to open Winter Meeting The Gas and Oil Association of WV, Inc. (GOWV) will host its annual Winter Meeting on January 17-18, 2024, at the Marriott Town Center Hotel in Charleston. Make plans now to join friends, colleagues, legislators and professional contacts for this worthwhile and exciting twoday event. Mark your calendars and register now online or use the forms on pages 26 and 27. Wednesday will feature a security summit that will provide useful information and insight into safeguarding your critical and essential infrastructure. You'll hear from industry leaders, state and national experts in both physical and cybersecurity. It is critical that we understand cybersecurity is not just an IT concern, but a component of importance to us all. This summit will help provide guidance through best practices and regula-

tions on how to build a stronger system to protect from various types of threats that may be encountered. Two key aspects will focus on prevention measures and response mechanisms. We will cover updated PHMSA regulations regarding Jim Crews cybersecurity and how these Vice President/ new guidelines will be imProgram Chair plemented and how they can impact your operation. At 5:00 p.m. we will welcome legislative leaders to a special reception with GOpac contributors. This is followed by the GO-WV Membership and Legislative Reception at 6:00 p.m. which Winter meeting Continued on page 15

Encova safety program expanded for 2024 The Gas and Oil Association of West Virginia, Inc. and Encova Insurance have partnered to expand Encova’s Safety Group Program. The program is designed to reward your efforts in driving safety-related performance. A reduction in workplace injuries impacts your bottom line positively, eliminates direct and indirect costs and helps drive a return on your workers’ compensation insurance premium. Participation benefits and rewards: • Long-term savings on workers’ compensation premiums are achieved through improved performance • Overall improved risk management and loss control will promote an effective safety program that will reduce direct and indirect costs and lead to fewer losses overall • Positive experience modification (e-mod) impact

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Increased safety group discounts are rewarded for diligent efforts to create and maintain a safe workplace, which helps attract talent in the workforce Eligibility for marketing support for the Gas and Oil Chris Weikle Association of West Virginia Environmental Dedicated Encova team to include a business director, Committee Chair safety and loss specialist and marketing representative Personalized service through customized reporting and trending resources, including industry-specific safety and loss control seminars The workers’ compensation safety group discount can serve as an effective membership recruitment tool

INSIDE

2 Jeff Isner 3 Aaron Thompson 4 Charlie Burd 5 Jenni Hicks 6 Thomas Downs 7 Stephen Furbacher 9 Industry events 10 Kathy Hill 11 Geg Kozera 12 - 13 Aaron Thompson 17 2024 sponsor form 18-23 Scholarship forms 24-28 Directory advertising forms 29 Ad contract 30 Winter Meeting sponsor form 31 Winter Meeting registration form

Jeff Isner GO-WV President

Tradition and thanks Each year the men in my family travel to the mountains of West Virginia for our annual tradition of deer hunting. This tradition predates me. I look forward to it each year as it offers an opportunity to unplug. But, as rustic as it is, I can’t help but think of how our industry provides for that time. We have a propane fire, gasoline-powered generator, playing cards for games of spades played each evening and a radio made from plastics that we use to try to catch a WVU football or basketball game. Even in a rustic setting like our family’s deer camp, our industry helps make the experience even more enjoyable. Another tradition I enjoy each Thanksgiving holiday is, after hunting for a few days, I travel to Beckley to have Thanksgiving dinner with my in-laws. My mother-in-law is a great cook and uses a gas stove to cook one of my favorite meals each year. These are only a few of the hundreds of items our industry provides for me and other West Virginians throughout the state during this time of Thanksgiving. If you get a chance, please thank a worker in the oil and gas industry. I’m always appreciative and thankful to our dedicated colleagues and co-workers who keep the gas flowing so we can enjoy this holiday time. GO-WV has a lot to be thankful for, as well. Our membership drive has started, and we are excited about what our new members bring to our membership. We are working with Encova to offer membership discounts to our member companies on their Workers’ Comp policies. Planning for our Science Teacher Workshop taking place in Morgantown next summer has started. Our Winter Meeting is coming up in January. As we head into the holiday season, please know that your association continues to work hard to represent your interests and inform the public about our industry and how we help make the holidays more enjoyable because of the products we produce, the heat we deliver, the jobs we provide and the people who help to make West Virginia home.

2023-24 OFFICERS President: Jeff Isner Vice President: Jim Crews Secretary: Jason Harshbarger Treasurer: Kelly Moss Past President: Maribeth Anderson

BOARD MEMBERS

John Bane, EQT Craig Colombo, Hope Gas Scott Freshwater, Reserve Oil & Gas Stephen Furbacher, Williams Brett Loflin, Northeast Natural Energy Doug Malcolm, D. C. Malcom, Inc. Aaron Thompson, TC Energy Ben Sullivan, Diversified Energy Chris Weikle, Southwestern Energy Marlin Witt, Baker Tilley, US, LLP Ex-officio Members: Jennifer Vieweg, Greylock Energy Jon Farmer, Arsenal Resources Andria Wymer, Energy Transportation Members Emeritus: Marc Halbritter, Hydrocarbon Consulting Ben Hardesty, Alta Energy Lloyd Jackson, Jackson Management Don Nestor Bob Orndorff

Aaron Thompson Communications and Education Committee Chair

2024 scholarship deadline: March 15 In 1997, the Independent Oil and Gas Association of West Virginia, Inc. (now the Gas and Oil Association of WV, Inc. - GO-WV) 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 GO-WV members companies. The Association also awards deserving high school “student employees” who have completed a required number of working hours at a GO-WV member company. Since 2020, two annual one-time, $1,000 scholarships are also sponsored by ConServ In-

corporated and earmarked for students who are choosing a career path that benefits the oil and gas industry in a vocational/technical field such as, but not limited to, welder, truck driver, well tender, electrician, mechanic, etc. Since the GO-WV Scholarship Program’s inception, over $210,000 has been awarded to these very deserving students. Complete eligibility rules and documents for both scholarship types are found on pages 18-23 or at https://gowv.com/education/scholarship/ and will be sent to all member companies. The completed application, including all required forms and information, must be signed 2024 scholarships Continued on page 14

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Charlie Burd GO-WV Executive Director

From the Burd’s Nest: A little holiday fun Over my many years of writing monthly articles, I have often used the December Burd’s Nest as an opportunity to have a little holiday fun. In past articles, I’ve had December fun writing about parking at the mall, the twelve days of Christmas, letters to Santa, assembling toys, trying to confuse Santa, and finding and decorating the Christmas tree. This year I take a shot at a little global warming fun. Please take this article for the lightheartedness in which it is offered. A Global Warming: 'Twas The Night Before Christmas ‘Twas the night before Christmas and Pepper our dog, was curled up at the foot of our bed, sleeping like a log. The stockings were placed near the patio door, Santa would know that—he’s been here before! Nathan was nestled all snug in his bed, with his Tennessee Titans blanket covering his head. And mom in her flannels, and I in mine, too, had just settled in for a well-deserved snooze. When out in the street there arose such a clatter I sprang from my bed to see what was the matter. Away to the window I flew like a flash, tore open the curtains and ended my mad dash. The moon on the breast of the cold winter lawn, showed that earth’s global warming had long since been gone. When what to my wondering eyes should appear, but a little “Green” sleigh fueled by slander and fear.

With a little old driver, so lively and quick, I had to look twice, could that really be Ol' St. Nick? More rapid than any endangered species they came, and he whistled and shouted and called them by name! "On Daschle! On Clinton! On Kerry and Kennedy! On Obama, Gore, Edwards and Pelosi! From the edge of the lawn and past the concrete patio! Come on you enviros, GO, GO, GO! As dry leaves before the wild hurricane you rake, They met no obstacle as through the yard they did take. So up to the deck those coursers they tugged, With a sleigh full of toys and this guy with a white-bearded mug! And then, in a twinkling, I heard on the deck, The sound of that sleigh mimicking a small train wreck. As I drew in my head, and was turning around, Through the patio door St. Nicholas came with a bound. He was dressed all in fur, debunking global warming, In fact it was quite chilly 'cause another cold front was already forming. His cheeks were all rosy, his eyes gleamed like coal. Hey, that’s fossil fuel ore! The sight stirred my soul.

Burd's Nest

Continued on page 13

Jenni Hicks Babst Calland

Energy litigation trends in the Appalachian Basin The Appalachian Basin (the Basin), like most of the energy producing regions, continues to see a variety of novel litigation cases being filed. Many law firms that traditionally focused on personal injury and tort claims have seen the impact of tort reform on their bottom line, and some defense firms are now taking more plaintiff cases for the same reason. The influx of “new” entrants to the energy litigation field, coupled with the perceived greener pastures in energy litigation, has resulted in many new suits asserting variations on traditional energy litigation themes. The following trends demonstrate a need for vigilance in lease drafting and contract administration and awareness of the new litigation risks.

Variations on Trespass Claims The typical title and lease instruments in the Basin were created before the shale revolution. Recent cases in Ohio and West Virginia have been based on the absence of broad grants of all minerals to claim drilling in formations that were not specifically leased constitutes a willful trespass. Claims like these need to be identified in the leasing and pre-drilling process and where possible corrective instruments or ratifications should be obtained. Variations on Royalty Claims Royalty litigation in the Basin was initially fueled by West Virginia case law which created a Energy litigation Continued on page 15

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Thomas Downs WeatherBELL Analytics

WeatherBELL: Winter forecast El Niño conditions continue to be present in the ocean, but the atmosphere has been very slow to respond. As the winter unfolds, we expect increasingly stormy weather across the South as the atmosphere begins to respond to the El Niño conditions. December is a transition month, and it should get colder from early-January onward along the East Coast (and milder in the western Midwest). For snow, the biggest question mark is still along the East Coast. There is a tendency for some El Niños to migrate to the central Pacific, and in those years the East Coast tends to be snowy, especially from January into February. Please stay tuned to our Energy Services for the latest information.

For more information about WeatherBELL’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.

Stephen Furbacher Membership Chair

GO-WV Board welcomes five new members in November Please join the GO-WV Board of Directors in welcoming these members approved in November: Centurion Insurance Services, LLC Jason Moody 1001 Virginia St., E., Suite 100 Charleston, WV 25302 Phone: (304) 935-2002 Fax: (304) 395-2508 Mobile: (304) 993-8393 jason.moody@centinssvc.com centurioninsuranceservices.com

BUYING GAS FOR HOPE GAS Craig Colombo VP Gas Supply 804-921-2788 48 Columbia Blvd. Clarksburg, WV 26301

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Huntington International 165 Enterprise Dr. Du Bois, PA 15801 Phone: (814) 371-4840 Neil Kimbler Mobile: (614) 787-3402 Neil.Kimbler@hunting-intl.com hunting-intl.com

ISP

Larch Oil & Gas 5 Kimeric Lane Cross Lanes, WV 25313 3585 Fisher Ridge Road Kenna, WV 25248 Phone: (304) 776-7040 Eric Larch Mobile: (304) 553-9562 elarch@larchoilandgas.com www.larchoilandgas.com

POP

Stand Energy Corporation 1077 Celestial St., Unit 110 Cincinnati, OH 45202 www.stand-energy.com Larry Freeman Mobile: (513) 621-1113 LFreeman@stand-energy.com Kathie Bonnell Mobile: (304) 859-0536

GOM

Traymark LLC 114 Market St., Suite 200 Roanoke, VA 24011 PO Box 307 New Martinsville, WV 26155 traymarkllc.com Dustin Neely Mobile: (304) 238-4873 dneely@traymarkllc.com

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Industry Events

Upcoming events for your review December 4-5, 2023 WVMA Winter Meeting Bridgeport Conference Center January 17-18, 2024 GO-WV Winter Meeting Marriott Town Center Hotel, Charleston, WV February 7-9, 2024 NAPE GRB Convention Center, Houston, TX June 5-6, 2024 GO-WV Science Teacher Workshop Hampton Inn & Suites Morgantown Morgantown WV August 4-6, 2024 GO-WV Summer Meeting The Greenbrier, White Sulphur Springs, WV February 19-20, 2025 GO-WV 2025 Winter Meeting Charleston Marriott Hotel, Charleston, WV August 2025 GO-WV Summer Meeting The Greenbrier, White Sulphur Springs, WV August 2-4, 2026 GO-WV Summer Meeting The Greenbrier, White Sulphur Springs, WV

Kathy Hill

Ergon

Monthly Appalachian Basin crude oil prices

Greg Kozera Learned Leadership, LLC

Be grateful and pay it forward Four years ago, I was in a wheelchair after rupturing both quads playing soccer. After surgery to re-attach the muscles, I couldn’t put any weight on either leg for weeks. The occupational therapists did a great job teaching me how to get dressed, and slide from my wheelchair to the bed, the toilet or the car. I was determined to go to the Outer Banks (OBX) with my family for Thanksgiving that year. At OBX we rent a three-story house with seven bedrooms. The entire family can come. The house has no elevators. The therapists taught me to slide from the car to the steps and then push myself up with my arms one step at a time on my butt. By the time I got to the third floor after going up all those steps I was worn out. My daughter, Dannielle was awesome at pushing me around in the wheelchair on the boardwalk. Sometimes the boardwalk extended onto the beach. I will never take for granted simple

things like walking up and down steps, walking or running on the beach, driving a car or making my own cup of coffee. I like my independence. I have empathy and a much greater appreciation for people with mobility issues. When I was in a wheelchair, it surprised me how many wheelchair accessible buildings really weren’t. I’m now an advocate creating awareness. When I ran my first 5K after the surgery, I returned to the hospital to personally thank the therapists. Spending quality time with Lynnda, my children and grandchildren is important to me. The next generations grow up fast and we don’t get doovers. We were blessed to be able to see some of Gregory II and Dannielle’s college soccer games even though it was four hours way. We make it a point to see as many of our grandchildren’s life events as possible. Sometimes the little things make the biggest difference. Pay it forward Continued on page 14

Aaron Thompson Communications & Education Committee Chair

2024 GO-WV Membership Directory under construction The 2024 GO-WV Membership Directory is “under construction”. As in the past, in addition to the regular Company Listing section, this year’s GO-WV Directory will include a Yellow Pages section, which serves as an inexpensive and effective way for member companies to communicate specific services, products or opportunities to other GO-WV members and partners. Visit pages 24-28 or https://gowv.com/2024-go-wv-membership-directory-advertising/ for all forms. For your convenience, there are four ways to advertise in the GO-WV Directory. Signing up is easy! 1. Your first option is listing your business within the Yellow Pages section. The cost of each listing is $20.00 per 35 words. If you would like to exceed the 35-word max, you must purchase the appropriate number of listings. i.e.; a 36- to 70-word listing requires the purchase of two listings. You may list in as many categories as you choose. An alphabetical listing of our current advertising categories is enclosed. Simply choose the category that best describes your business, product or service, complete and return the Yellow Pages Listing form (Form # 1) and the Category Choices page. Should you have a product or service that does not fit a pre-existing category, please feel free to suggest a new one in the space provided. 2. Your second option is to place an advertisement within the Yellow Pages. Simply complete and return the enclosed Yellow Pages Advertisement form (Form # 2) with your high resolution (minimum 300 dpi) black and white ad copy. Advertising rates are identified on the form. 3. Your third option is to place your advertisement on one of the tabbed page dividers. These pages are limited and will be available

on a first-come, first-served basis. Ads will be sold on both sides of each tabbed page. Please make your selection from the following membership category: by Company, by Employee Name, by Location, Yellow Pages, Services and Committees, GO-WV Bylaws, Cooperating Industry Associations, Governmental Listing or Notes. When making your selection, please indicate your first, second and third choice on the Tabbed Divider Page Advertisement form (Form # 3). Return the form with your high resolution (minimum 300 dpi) color ad copy. Note that ads on these pages will only be available in full and half page sizes and are in color. Again, the corresponding rates are identified on the attached form. 4. Your fourth option is to place your full page advertisement on the back outside cover of the Directory. This opportunity will be available to only one advertiser on a first-come, first-served basis by calling the GO-WV office directly at (304) 344-9867. The cost to place this full page color ad is $1,000. In order to have a listing in the Yellow Pages or advertise in the 2024 directory, we must receive your completed form(s), high resolution ad copy and your payment in the appropriate amount no later than December 8, 2023. If you have any questions, please contact Diane Slaughter at (304) 984-0308 or via e-mail at info@homesteadcomms.com. Please send THIS FORM AND ARTWORK to into@homesteadcomms.com. Please send THIS FORM AND PAYMENT to GO-WV Attention: Katie McCracken, 300 Summers Street, Suite 820, Charleston, WV 25301. To pay by credit card, please call Katie at 304-344-9867.

Aaron Thompson Communications & Education Committee Chair

Time now to plan for your 2024 advertising in GO-WV News Your continued support of GO-WV News through your advertising is greatly appreciated. Advertisers have the opportunity to expand their reach to this important market and keep your name and your products and services at top-ofmind awareness for your current and potential customers. The 2024 advertising contract can be found on page 25 of this issue or at gowv.com. You will need to complete and return this contract by December 29, 2023 for your advertisement Burd's Nest

to be included in the January 2024 issue of the award-winning GO-WV News. For our current advertisers, a copy of your current contract and most recent ad are available from the GO-WV office. Ads must be paid in full by check or credit card prior to publication. Please call Katie McCracken at the GO-WV office at (304) 344-9867 or email her at kmccracken@gowv.com for any questions regarding advertising opportunities.

Continued from page 4

He spoke not a word, but went straight to his task, arranging the presents as though this stop was his last. The bounty before me was nothing but green, there were energy-saver appliances, and hybrid machines.

In closing this December 2023 issue of the Burd’s Nest, the Burd Family (Charlie, Leone, Charlie, and Nathan), asks that you have a safe and very Merry Christmas and the happiest and most prosperous New Year.

His newly found steeds stood outside, each tapping their foot, in clothes that were all tarnished with ashes and soot. Then laying his finger beside his ear, He turned and said, “Let’s get out of here!” He sprang to his sleigh, to his “team” gave a whistle, and away they all ran like avoiding an incoming fossil fueled missile. But I heard him exclaim, ‘ere he drove out of sight: “The polar ice caps aren’t melting, the North Pole's all right! Merry Christmas to all because, with natural gas, the future is bright!

From the officers, board and staff of GO-WV 13

2024 scholarships

Continued from page 3

by the high school guidance counselor and postmarked no later than Friday, March 15, 2024. From all the applications received, the GO-WV Scholarship Review Committee will review and award a limited number of one-time only scholarships. Here is a quick glance at those rules: 1. Applicant must be a West Virginia high school senior. 2. Applicant must be a dependent of an employee/retiree of a GO-WV member company in good standing OR be employed by a GO-WV member company in good standing (Student employee must have worked a minimum of 400 hours is the past calendar year. Validation

Pay it forward

Continued from page 11

Our region is blessed by the creator to have two of the three largest natural gas fields in the world. The natural gas industry developed this blessing benefiting all Americans. There are those who want to keep this gift in the ground. Many Americans don’t know how essential natural gas is to the American economy and their lives. Natural gas CAN’T be replaced by renewables. Windmills, solar panels and EVs are petrochemical products. Shale Crescent USA recently had a Zoom call with some Germans. They are looking at the natural gas in our region not as an opportunity, but as a necessity. They never expected Russia would shut off their natural gas. German petrochemical production from companies like BASF is off 50% because they can’t get natural gas and when they can it is so expensive they can’t compete with the world. Germany is desperate for dependable energy. They are dismantling a solar farm so they can mine the coal underneath it. There are proposed EPA regulations driving us in the direction of Germany. Building an interstate pipeline today to get our gas to Europe literally takes an act of Congress. We can bring companies here to use our natural gas, make products and ship them all over the world. Shale Crescent USA is working with companies on three continents that want to come here. To show gratitude for this resource, shouldn’t we use our natural gas

of hours worked and a letter of recommendation from the employer must be provided). 3. Applicant must enroll in a four-year West Virginia college or university or a community college/vocational-technical school. 4. Applicant must compose an essay answering the question asked on the application form. 5. Application must be signed by the high school guidance counselor. GO-WV will accept completed applications, including all documents, postmarked by Friday, March 15, 2024. Should you have any questions, oR need additional information, please contact Katie McCracken at 304-344-9867 or kmccracken@ gowv.com.

resources to provide clean, economic energy to people in the USA and the world? The math is simple. If companies manufacture here using our natural gas, we lower global emissions, something the “environmentalists” haven’t figured out how to do. We must get our story told to the public. Pay blessings forward. Seize special moments with family and friends. Invest your time with those you love. Tell them you love them. Show your gratitude. Life can change in an instant. Sometimes we don’t get a second chance. The day of Lynnda’s serious car accident 12 years ago, I called her at work on my way home and told her I loved her. I didn’t expect the next time I saw her would be when her car was on its top in the middle of the road. She couldn’t move. A team of doctors came into ICU to check her out. They were doing a lot of slow walking and low talking. As they were leaving Lynnda whispered, “Doc.” The doctor put his ear over Lynnda’s mouth to hear her. She whispered, “We have a trip to Disney World with the grandchildren planned for the middle of next month. Is there any reason I can’t go?” The doctor laughed. He smiled, “No problem.” One month later I took a picture of Lynnda at the Haunted Mansion at Walt Disney World! All things are possible. Count your blessings. Be grateful. Pay it forward.

Winter Meeting

Continued from page 1

is open to all members and nonmembers. Dinner that evening is on your own. On Thursday, breakfast for all attendees begins at 8:00 a.m., prior to the 9:00 a.m. conference opening. Special invited guest speakers include Governor Justice, Senators Joe Manchin and Shelley Moore Capito. We will have presentations from industry leaders including Scott Potter of RBN, Steve Gandee of Encova Insurance, Jeff Nehr of Hope Utilities, Brielle Appelbaum of Inspire Capital and Development and Curtis Wilkerson of Orion Strategies. Philip A. Reale will moderate a panel with invited legislators. Energy litigation

The 2023 Oil & Gas Reclamation Award recipients will be honored during lunch and a presentation will be made at that time to the Oil & Gas Museum. To better benefit your business, take advantage of the sponsorship opportunities that are available. Simply fill out the sponsor form on page 30 or contact Lori Miller Smith for specific event sponsorships. The positive exposure, educational and networking opportunities make this a great investment for your company. Please see page 31 to register for the meeting, or www.gowv.com. If you have questions, please contact Lori Miller Smith at 304-344-9867.

Continued from page 5

special contract rule that does not apply the traditional rules of contract construction. The special rule announced in the Estate of Tawney decision in 2006 precluded deduction of post-production costs (PPCs) unless the lease identified with particularity each type of PPCs to be deducted and how the deductions were to be calculated.¹ This rule was adopted in the context of an old producer lease form that stated the lessor would be paid for production “at the well” or “net all costs.” The West Virginia Supreme Court of Appeals found this language ambiguous and created an overly broad blanket rule that held any ambiguities in a lease are to be resolved against the lessee, regardless of whether the evidence may show the lease was mutually negotiated by the parties, the lessor had the benefit of the advice of counsel or that the lessor has accepted royalties without complaint. Since Tawney, lessees have been more careful to draft leases with detailed identification of the PPCs and the method of calculating deductions,

yet litigation has continued to proliferate over every variation on the PPC deduct language in a lease. In a case with seemingly incontrovertible detailed language allowing deductions a district court held the “method” of calculation was not sufficiently detailed. That holding was overruled by the Fourth Circuit Court of Appeals which held there does not need to be any “Einsteinian” formula before PPCs can be taken and the plain language of the lease allowed the deductions.² Yet on remand the litigation continues based on a claim by the lessors that a 2022 holding of the West Virginia Supreme Court of Appeals³ calls into question the basis of the Fourth Circuit decision in Young I. Whether the Kellam decision constitutes a change in West Virginia law subsequent to Young I, is pending before the Fourth Circuit and awaiting oral argument. Another royalty case alleged a failure to comply with the Tawney and the Fourth Circuit was called Energy litigation

Continued on page 16

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Energy litigation

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on to interpret whether a “market enhancement lease” complied with Tawney and held it did so.⁴ And in a different case challenging a lease royalty clause a circuit court has held that even though the lessee had entered into a valid contract with an independent third party to sell the gas at a location upstream of the gas processing facilities and transmission pipelines, that contractual sales point would be ignored.⁵ The court ruled that the stated intent of the parties to sell the gas upstream of where any processing and other costs may be incurred would be ignored because the court believe the only real “market” occurred after the gas was processed and delivered to a transmission pipeline. In sum, seventeen years after Tawney, numerous challenges to every variation of lease royalty clauses continue to be filed. Variations on Challenges to the Lessee’s Method of Operations Two long-standing rules in the Basin and in many jurisdictions are the Rule of Capture and that the operator has the discretion on how operations are conducted subject only to the prudent operator standard. Yet there are a growing number of cases where lessors are challenging how units were formed, how the wells were drilled, and whether wells from adjoining units or properties may be causing gas to migrate away from the lease. One such suit alleges damages even though a well has been drilled and the lease is held by production. The lessor alleges the operator should have nevertheless drilled all the potential laterals on the lease at the outset of lease operations to avoid the possibility that the reservoir pressure may be reduced by other units and wells on adjoining or nearby properties. While the lessor has asserted in amended pleadings claims that there has been some physical damage to the reservoir from fracking on the adjoining properties, the claims appear to be a back-handed challenge to the Rule of Capture and operator discretion rules. While these cases would seem to clearly run afoul of longstanding jurisprudence in the Basin, the search for new claim theories and test cases seems to be increasing. Variations on Infrastructure Challenges The Basin has seen every possible theory to challenge the installation of pipelines, compressors, and other infrastructure and that will likely

continue. Only due to provisions in the Fiscal Responsibility Act, has the Mountain Valley Pipeline been able to resume construction.⁶ Efforts to prevent construction of infrastructure include use of local governments to try and enact ordinances or regulations which have the effect of preventing construction of wells, compressor stations and related facilities. Climate change-based advocates will continue to challenge every fossil fuel related project. Variations on Private Suits to Bypass Regulatory Authorities It is generally the law that operations regulated by state statutes and subject to state agency enforcement powers do not give rise to private civil action enforcement, except in certain instances. Litigants are looking for novel ways to bring claims to assert civil actions asserting violations of duties imposed and regulated by state agencies. An example are cases filed in Pennsylvania and West Virginia seeking to have declared that wells allegedly nearing end of life must be plugged and abandoned even though the state regulatory agencies with jurisdiction over enforcement of plugging and abandonment obligations has allowed the continued operation of the wells. The determination of whether a well is at the end of its useful life is typically an operator and agency determination but private lessors now seek to bypass the state agencies decisions that have been made and impose plugging and abandonment obligations by judicial decree. Similar claims have been made in coal mining and other energy fields where NGOs and others are dissatisfied with the decisions of those who have been delegated the exclusive regulatory jurisdiction. These cases are on the upswing and are being filed in venues where the claimants feel they have the most favorable chances of success. In short, there are sophisticated parties and law firms asserting new claims and theories testing the boundaries of traditional energy law in the Basin and clients are encouraged to be vigilant to detect and be prepared to defend these cases. This article is an excerpt of The 2023 Babst Calland Report. To request a copy of the full report, click here.

2024 master sponsorship form

2024 GO-WV Master Sponsorship Form Please select the meetings and levels you wish to sponsor. Newsletter and directory advertising can be reserved separately.

Sponsorship opportunities: Elite Sponsor

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Silver Sponsor

$2,000

Bronze Sponsor

$1,000

Golf Outing(s) Hole Sponsor

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$10,000

• Banner hung at sponsored event • Specific signage at sponsored event • Listing on Diamond Sponsor board • Logo and name listed in meeting PowerPoint presentation, meeting program, web site page and newsletter

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Gold Sponsor

• Listing on Bronze Sponsor board • Logo and name listed in meeting PowerPoint presentation, meeting program, web site page and newsletter

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• Logo and name listed in meeting PowerPoint presentation, meeting program, web site page and newsletter

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_________________________________________________________________________________________ Company Name

Contact Person

___________________________________________________________________________________________ Address City State Zip _______________________________________________________________________________________ Telephone Email

Meeting

Winter Meeting Spring Swing Golf Outing Science Teacher Workshop Summer Meeting Sports Weekend Golf Outing

Level

___________________ ___________________ ___________________ ___________________ ___________________

Cost

Total

$___________ $___________ $___________ $___________ $___________ $___________

Please return this form to GO-WV, address below, by January 31, 2024. Be sure to email a high resolution (300dpi minimum) version of your company’s color logo and a link to your web site to lmillersmith@gowv.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

2024 scholarship application

2024 Scholarship Application Last Name

First Name

Mailing Address City

State

Home Phone Number

Social Security Number

Zip Code

Date of Birth

College/University Planning to Attend

High School

High School Phone Number

My Parent/Guardian works for a GO-WV Member Company Parent/Guardian Name

GO-WV Member Company

I Work for a GO-WV Company (referral letter attached) Company Name: Graduation Date Awards Assembly Date & Time

If you filed a Free Application for Federal Student Aid (FAFSA), what is the amount of your Expected Family Contribution (EFC) as reported to you on the Student Aid Report (SAR)? $

SCHOLARSHIP ELIGIBILITY REQUIREMENTS: 1. Applicant must be a West Virginia high school senior. 2. Applicant must be a dependent of an employee/retiree of a GO-WV Company in good standing OR be employed by a GO-WV Member Company in good standing (Student employee must have worked a minimum of 400 hours. Validation of hours worked and a letter of recommendation from the employer must be provided). 3. Applicant must enroll in a four-year West Virginia college or university. 4. Applicant must compose a 300-500 word essay answering the question: “Describe your community’s perception of the Oil and Gas Industry and explain how you would improve it.” 5. Application must be signed by a high school counselor. 6. Mail the application with all activity and course forms (listed below), essay, transcript and ACT scores as instructed below. This must be postmarked on or before Friday, March 15, 2024. ATTENTION STUDENT: List your advanced placement and honors courses, organizations, volunteer and extra-curricular school activities with which you were affiliated during the four years of high school on the appropriate forms (Advanced Placement and Honors Courses, Extracurricular School Activities, Community Service and Non-School Activities - Including Employment). Please deliver these forms along with your completed application and essay to your high school counselor. ATTENTION SCHOOL COUNSELOR: Please sign this application and mail it along with the student’s essay, transcripts, ACT scores, and activity and course forms to the address below postmarked on or before March 15, 2024.

Student’s guidance counselor’s signature PLEASE NOTE: ONE SIDED COPIES ONLY – NO STAPLES! Gas and Oil Association of WV, Inc. Attention: Katie McCracken 300 Summers Street, Suite 820, Charleston WV 25301

2024 scholarship application

Advanced Placement and Honors Courses Grade Level

Course

2024 scholarship application

Extracurricular School Activities Grade Level

Estimated Hours per Year

Activity

TOTAL HOURS

2024 scholarship application

Community Service and Non-School Activities (Including Employment) Grade Level

Estimated Hours per Year

Activity

TOTAL HOURS

2024 technical & vocational scholarship application

2024 Technical & Vocational Scholarship Application

Last Name

First Name

Mailing Address

Date of Birth SS Number

City

State

Zip Code

High School

Home Phone High School Phone Number

My Parent/Guardian works for a GO-WV Member Company Parent/Guardian Name______________________GO-WV Member Company I Work for a GO-WV Member Company (referral letter attached) Company Name: Graduation Date:

Awards Assembly Date & Time:

Chosen Vocation/Career:

Chosen School:

SCHOLARSHIP ELIGIBILITY REQUIREMENTS:

1. Applicant must be a West Virginia high school senior choosing a career path that benefits the oil and gas industry. 2. Applicant must be a dependent of an employee OR be employed by a GO-WV Member Company in good standing.(Student employee must have worked a minimum of 400 hours. Validation of hours worked and a letter ofrecommendation from the employer must be included with this application.) 3. Applicant must be enrolling in a West Virginia community college or vocational / technical trade school. 4. Applicant must complete both pages of this form. 5. Applicant must ensure that this application and all necessary documents are postmarked no later than Friday, March 15, 2024.

ATTENTION STUDENT:

After completing both pages of this form, deliver these documents to your high school counselor.

ATTENTION SCHOOL COUNSELOR:

1. Please write a letter stating why you, or the student’s technical or vocational course instructor, recommend the student for this scholarship. 2. Mail the recommendation letter, all pages of this application, and the student’s transcript of grades to the address below postmarked on or before before March 15, 2024.

Student’s guidance counselor’s signature

PLEASE NOTE: ONE SIDED COPIES ONLY – NO STAPLES! Please feel free to add extra sheets if needed. Gas and Oil Association of WV, Inc. Attention: Katie McCracken 300 Summers Street, Suite 820, Charleston WV 25301

2024 technical & vocational scholarship application

2024 Directory Yellow Pages listing

2024 Directory Advertising FORM # 1

Yellow Pages - - Listing

GO-WV Company Name __________________________________________________________ Contact Person (to be included in listing) ____________________________________________ Address ______________________________________________________________________ Phone _______________ Fax ________________ E-Mail address _______________________ The cost of each listing is $20.00 per 35 words. If you would like to exceed the 35-word max, you must purchase the appropriate number of listings. i.e.; a 36- to 70-word listing requires the purchase of two listings. Please print your listing below.

__________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ Total number of categories you wish to place this listing:

_______

x ($20.00/each)

Mark (x) next to each paid category on the “Listing Categories” sheet and return it with this form.

Total for the 2024 GO-WV Directory Yellow Page Listings is $ ______________

Approved by: _______________________________Date: _________________

DEADLINE: December 8, 2023 Please complete this FORM and return it with your PAYMENT to: Katie McCracken, GO-WV, 300 Summers Street, Suite 820, Charleston, WV 25301 Voice: 304-344-9867 E-mail: kmccracken@gowv.com. ALSO send the completed FORM to: Diane Slaughter, APR at info@homesteadcomms.com.

2024 Directory Yellow Pages listing categories

2024 Yellow Pages advertisement form

2024 Directory Advertising FORM # 2

Yellow Page - - Advertisement

GO-WV Company Name _________________________________________________________ Contact Person ______________________________________________________________ Billing Address _______________________________________________________________ Phone ______________ Fax ________________ E-Mail address _______________________ Place my ad in the Yellow Pages. The ad size is (check one): Full Page $ 280.00

3 7/8”w X 8 1/8”h

Half Page $ 140.00

3 7/8”w X 3 7/8”h

Business Card Vertical $ 70.00 1 7/8”w X 3 7/8”h

Business Card Horizontal $ 70.00 3 7/8”w X 2”h

Your ad copy should be a black and white, high-resolution file with a minimum 300 dpi. There are no bleeds in these ads. Please send your ad as an electronic file to info@homesteadcomms.com.

Total for the 2024 GO-WV Membership Directory Yellow Page Advertisement is $ __________

Approved by: _______________________________Date: _________________

DEADLINE: December 8, 2023

Please complete this FORM and return it with your PAYMENT to: Katie McCracken, GO-WV, 300 Summers Street, Suite 820, Charleston, WV 25301 Voice: 304-344-9867 E-mail: kmccracken@gowv.com. ALSO send the completed FORM with your ad copy to: Diane Slaughter, APR at info@homesteadcomms.com.

2024 Yellow Pages tabbed divider ads

2024 Directory Advertising FORM # 3

Tabbed Divider Page

Company Name ____________________________________________________________ Contact Person _____________________________________________________________ Billing Address _____________________________________________________________ Phone ______________ Fax _______________ E-Mail address _____________________

Place my ad on a Tabbed Divider Page. The ad size is (check one): Full Page $350.00 Half Page $ 180.00 3 7/8”w X 8 3/8”h

3 7/8”w X 4 ¼”h

My choice of Tabbed Pages: Indicate 1st, 2nd & 3rd choices

By Company

Yellow Pages

Cooperating Associations

By Employee Name

Services and Committees

Governmental Listing

By Location

IOGA Bylaws

Notes

Your ad copy should be a full color, CMYK, 300 dpi ad saved as a PDF file. There are no bleeds in these ads. Please send your ad as an electronic file to info@homesteadcomms.com. Total for the 2024 GO-WV Membership Directory Tabbed Divider Page Advertising is $ _______

Approved by: ______________________________________________ Date: _________________

DEADLINE: December 8, 2023 Please complete this FORM and return it with your PAYMENT to: Katie McCracken, GO-WV, 300 Summers Street, Suite 820, Charleston, WV 25301 Voice: 304-344-9867 E-mail: mailto:kmccracken@gowv.com ALSO send the completed FORM with your ad copy to: Diane Slaughter, APR at info@homesteadcomms.com.

2024 Yellow Pages cover advertisements

2024 Directory Advertising FORM # 4

Covers

Place my ad on: Back Cover @ $1000

Inside Front Cover @ $500 Inside Back Cover @ $500 Your ad copy should be a full color, CMYK, 300 dpi ad saved as a PDF file. There are no bleeds in these ads. Please send your ad as an electronic file to info@homesteadcomms.com.

Approved by: ______________________________________________ Date: _________________

DEADLINE: December 8, 2023 Please complete this FORM and return it with your PAYMENT to: Katie McCracken, GO-WV, 300 Summers Street, Suite 820, Charleston, WV 25301 Voice: 304-344-9867 E-mail: kmccracken@gowv.com. ALSO send the completed FORM with your ad copy to: Diane Slaughter, APR at info@homesteadcomms.com.

Newsletter advertising contract

2024 GO-WV Newsletter Advertising Contract

Advertising is available to member companies and nonmembers of the Gas and Oil Association of WV, Inc. (GO-WV) in monthly issues of the association newsletter. Please see below for details regarding ad sizes and rates. Membership Pricing:

Ad Sizes

Frequency of Ad (Months) 1-4

5-8

9 - 12

Full page 2 columns (7” wide x 9.5” deep)

$800.00/mo

$750.00/mo

$700.00/mo

Half page (vertical) 1 column (4 5/8” wide x 9.5” deep)

$525.00/mo

$475.00/mo

$425.00/mo

Half page (horizontal) 2 columns (7” wide x 4.5” deep)

$500.00/mo

$450.00/mo

$400.00/mo

Quarter page 1 column (4 5/8” wide x 3” deep)

$300.00/mo

$250.00/mo

$200.00/mo

Business card 1 column (4 5/8” wide x 2” deep)

$150.00/mo

$125.00/mo

$100.00/mo

Non-Membership Pricing:

Ad Sizes

Frequency of Ad (Months) 1-4

5-8

9 - 12

Full page 2 columns (7” wide x 9.5” deep)

$1,600.00/mo

$1,500.00/mo

$1,400.00/mo

Half page (vertical) 1 column (4 5/8” wide x 9.5” deep)

$1,050.00/mo

$950.00/mo

$850.00/mo

Half page (horizontal) 2 columns (7” wide x 4.5” deep)

$1,000.00/mo

$900.00/mo

$800.00/mo

Quarter page 1 column (4 5/8” wide x 3” deep)

$600.00/mo

$500.00/mo

$400.00/mo

Business card 1 column (4 5/8” wide x 2” deep)

$300.00/mo

$250.00/mo

GO-WV 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 JPG or PDF format. Ads saved as Word or Word Perfect documents or Excel spreadsheets will not give you a quality ad in the publication. If there are conversion issues with your file, our designer will contact you directly. Ads must be emailed directly to Diane Slaughter: dslaughter@gowv.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 1 st for the March issue). Please complete the information requested below and return this page, with payment, to GO-WV Newsletter, GO-WV, 300 Summers Street Suite 820, Charleston, WV 25301; email dslaughter@gowv.com. Ads must be paid in full by check or credit card prior to publication. Please call Diane Slaughter at (304) 984-0308 to discuss these options.

Winter Meeting sponsorship form

2024 GO-WV Winter Meeting Sponsorship Form

January 17-18, 2024 | Marriott Town Center, Charleston, WV

Sponsorship opportunities: _________________________________________________________________________________________ Company Name

Contact Person

______ Elite Sponsor

$20,000

• Banner hung at every event • Specific signage at sponsored event • Listing on Elite Sponsor board • Logo and name listed in meeting PowerPoint presentation, meeting program, web site page and newsletter

______ Diamond Sponsor

$10,000

______ Platinum Sponsor • Listing on Platinum Sponsor board

$5,500

______ Gold Sponsor

$4,000

______ Silver Sponsor

$2,000

______ Bronze Sponsor

$1,000

• Listing on Gold Sponsor board • Logo and name listed in meeting PowerPoint presentation, meeting program, web site page and newsletter

• Listing on Silver Sponsor board • Logo and name listed in meeting PowerPoint presentation, meeting program, web site page and newsletter • Listing on Bronze Sponsor board • Logo and name listed in meeting PowerPoint presentation, meeting program, web site page and newsletter

• Logo and name listed in meeting PowerPoint presentation, meeting program, web site page and newsletter

Please return this form to GO-WV, address below, by January 5, 2024. Be sure to email a high resolution (300dpi minimum) version of your company’s color logo and a link to your web site to lmillersmith@gowv.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

Winter Meeting registration form

2024 GO-WV Winter Meeting Registration Form

January 17-18, 2024 | Marriott Town Center, Charleston, WV

____________________________________________________________________________________________________ Company Name _______________________________________________________________________________________________________________ Address __________________________________________________________________________________________________________ City State Zip ______________________________________________________________________________________________________________ Telephone ___________________________________________________________________________________________________ Participant’s Name Member? ❏ Yes ❏ No ____________________________________________________________________________________________________ Email __________________________________________________________________________________________________________ Participant’s Name Member? ❏ Yes ❏ No _______________________________________________________________________________________________________________ Email ____________________________________________________________________________________________________________ Participant’s Name Member? ❏ Yes ❏ No _______________________________________________________________________________________________________________ Email Please list any special dietary needs: ______________________________________________________________________ ____________________________________________________________________________________________________ Registration (fees cover all Winter Meeting activities except the GOpac Reception) _____ Member early-bird rate of $395/person for Wednesday and Thursday events ($450 after 1/5/24) _____ Non-member early-bird rate of $595/person for Wednesday and Thursday events ($650 after 1/5/24) _____ Student/faculty registration fee of $100/person for Wednesday and Thursday events ($150 after 1/5/24) _____ TOTAL AMOUNT DUE Please mail registration with payment by January 5, 2024, to: GO-WV, 300 Summers Street, Suite 820, Charleston, WV 25301. NO REFUNDS AFTER JANUARY 5, 2024 For additional information, call Lori Miller Smith at (304) 344-9867.

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