Statement Regarding Governor Cuomo’s 2112-13 Executive Budget

Attributable to Brad Gill, IOGA of NY executive director.

“While the governor’s proposed budget does not include revenue from natural gas permitting or extraction, we anticipate that his stated commitment to job creation and business development will soon acknowledge the role that future oil and natural gas development will play in achieving these goals.

Our members – many of whom are well-regarded scientists, geologists and engineers – will continue to support the state’s thorough analysis. Based on the timeline outlined by Commissioner Martens, we look forward to the state considering the impact of new revenues stemming from the exploration of New York’s natural gas reserves.”

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Obama Discovers Natural Gas

Another election-year transformation.

From the Jan. 17 Wall Street Journal

A re-election campaign is a terrible thing to waste, and this year’s race is already producing miraculous changes at the Obama White House: The latest example of a bear walking on its hind legs is the President’s new embrace of . . . natural gas from shale.

Last week the White House issued its latest report on jobs and it includes a section on “America’s Natural Resource Boom.” The report avers that a few years ago there were widespread “fears of a looming natural gas shortage,” but that “the discovery of new natural gas reserves, such as the Marcellus Shale, and the development of hydraulic fracturing techniques to extract natural gas from these reserves has led to rapidly growing domestic production and relatively low domestic prices for households and downstream industrial users.”

Please pass the smelling salts to Interior Secretary Ken Salazar and Lisa Jackson at the Environmental Protection Agency.

To the best of our knowledge, this is the first time the White House has favorably mentioned the Marcellus Shale, the natural gas reservoir below Pennsylvania, West Virginia and other Northeastern states. And now he’s taking credit for this soaring production.

As the White House report puts it: “Of the major fossil fuels, natural gas is the cleanest and least carbon‐intensive for electric power generation. By keeping domestic energy costs relatively low, this resource also supports energy intensive manufacturing in the United States. In fact, companies like Dow Chemical and Westlake Chemical have announced intentions to make major investments in new facilities over the next several years.”

And that’s not all: “In addition, firms that provide equipment for shale gas production have announced major investments in the U.S., including Vallourec’s $650 million plant for steel pipes in Ohio. An abundant local supply will translate into relatively low costs for the industries that use natural gas as an input. Expansion in these industries, including industrial chemicals and fertilizers, will boost investment and exports in the coming years, generating new jobs.”

We checked to see if someone slipped a press release from the Natural Gas Council into the White House report by mistake, but apparently not.

The report does add the obligatory disclaimer about hydraulic fracturing that “appropriate care must to be taken to ensure that America’s natural resources are extracted in a safe and environmentally responsible manner” with safeguards “to protect public health and safety.” But no one disagrees with that.

The catch is that this endorsement runs against every energy policy pursued by the Obama Administration for three years. The Institute for Energy Research reports that royalties from oil and gas drilling have fallen more than 90% since 2008 because of Interior Department permitting delays and rejections.

The EPA recently issued a flawed report on groundwater contamination that could shut down the fracking process the President is now touting as a jobs producer. EPA’s political goal is to grab power to supercede state drilling regulation. The industry regards new EPA authority as a real threat to its future.

Each year Mr. Obama has also supported a $40 billion tax hike on the oil and gas industry because, as he put it in 2009, the tax code “encourages overproduction of oil and gas” and “is detrimental to long-term energy security.” Even the Securities and Exchange Commission has imposed extensive new reporting requirements on oil and gas fracking companies.

It’s certainly smart politics for Mr. Obama to distance himself from the anti-fossil fuels obsessives, and no doubt his political advisers are hoping it helps this fall in the likes of Ohio and Pennsylvania. On the other hand, this could be a one-year wonder, and if he wins Mr. Obama might revert to form in 2013. A good test of his sincerity would be to replace Ms. Jackson and Mr. Salazar.

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State’s Proposed Framework for Natural Gas Exploration Lacks the Balance Needed to be a Formula for Growth and Environmental Protection

Albany – The Independent Oil & Gas Association of New York (IOGA of NY) today will deliver its formal comments to the state’s Department of Environmental Conservation (DEC), calling the agency’s proposed regulations and permit guidelines restrictive, inequitable and unjustified.

IOGA of NY represents more than 400 business and individuals employing more than 4,500 people working in roles such as scientists, engineers, geologists and energy experts.

“In its current form, the draft Supplemental Generic Environmental Impact Statement (SGEIS) imposes permit guidelines that fail to strike a balance between the future exploration of New York’s vast natural gas reserves and the appropriate, necessary protection of our environmental resources,” said Brad Gill, IOGA of NY’s executive director.

“IOGA of NY’s members have the experience and technological competency, as do other experts in the field, to leverage the state’s abundant energy resources and be part of Governor Cuomo’s formula to stimulate the economy and increase New York’s job base. However, under the proposed framework, world class companies that are contemplating investment in New York see the ‘Open for Business’ sign as attractive, but the fine print is neither welcoming nor reasonable,” Gill said.

IOGA of NY contends that the SGEIS and its accompanying regulations will not result in greater environmental protection. Rather, they will set an unreasonable bar for oil and natural gas developers prepared to bring jobs and opportunity to Upstate New York and will make development economically unattractive.

In brief, IOGA of NY’s extensive and thorough comments include the following specific concerns and recommendations:

• Reduces available surface exploration opportunities in New York State by approximately 50 percent.

The regulatory framework will hinder the selection of land and layout of drilling locations, rendering roughly 50 percent of known and desirable parcels within the Southern Tier unavailable for exploration. This would affect economic development opportunities for energy companies, including small companies that currently develop gas in New York, the businesses and suppliers that support them, other small businesses, as well as landowners and regional governments.

IOGA of NY calculates lost royalty and lease bonus income of $21 billion in four Southern Tier counties (Broome, Chemung, Steuben and Tioga). Potential state and local tax revenues would be decreased by approximately $5.8 billion ($4.4 billion in ad valorem taxes; and $1.4 billion in personal income taxes).

• Imposes arbitrary standards on energy companies.
DEC’s proposed permitting standards will make New York uncompetitive with neighboring states.

Example: Proposed requirements for controlling naturally occurring storm water are unnecessarily excessive, burdensome and costly to energy exploration companies. These and other mitigation requirements are being unfairly applied and will discourage investment by increasing the cost of drilling a well by up to $1 million.

• Activities and actions are contemplated under unrealistic scenarios and extreme conditions.
The SGEIS assessment of environmental impacts, in particular those baseline assumptions associated with rate of development, air emissions and water usage, exceed realistic and reasonable modeling, expectations and performance. Additionally, in some cases, the considered events are in conflict with existing state law. In other cases, the actions and requirements are pre-empted by federal authority.

Example: DEC bases its air emissions modeling on the assumption that on-site diesel trucks will idle constantly. However, state Environmental Conservation Law already limits this activity to five consecutive minutes when the vehicles are stationary.

• Disregards role of other regulators or laws.
The proposed mitigation measures and regulatory proposals seek to implement minimum flow requirements on all water withdrawals exclusively for the exploration of natural gas. The DEC should continue to honor the interstate compacts of the Susquehanna River Basin Commission and the Delaware River Basin Commission, of which New York is a member.

“In its present form, the SGEIS and its associated regulations are too restrictive and inhibit economic growth,” said Gill. “IOGA of New York remains committed to seeking a positive energy, environmental and economic future for all New Yorkers.”

Important documents associated with IOGA of NY’s comments on the DEC’s draft SGEIS can be found below:

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IOGA of NY: Business Loss Will Continue if Increased Natural Gas Development Remains Blocked in 2012

Businesses have suffered lost opportunity during the three-plus year review of the state’s drilling permit guidelines and regulations.

Albany – The Independent Oil and Gas Association of New York (IOGA of NY) today said that repeated delays and uncertainty associated with exploration of the state’s natural gas reserves have resulted in the loss and erosion of the state’s job base and the stability of many local businesses.

With the start of the legislative session, IOGA of NY and its members called on the Legislature, as well as the governor and state regulators, to reject all unreasonable requests to obstruct the tremendous opportunity that expanded natural gas exploration and development will bring to the state.

In yet another appeal to state leaders, several IOGA of NY members are describing the impact that the state’s nearly four-year moratorium has had on their businesses and employment base. For many members of the state’s long-standing and successful oil and natural gas industry, 2012 will be make-or-break year.

For example, since 2008, Alexander-based Lenape Resources, a small drilling and well-services company headquartered in Genesee County for the last 30 years, has lost employees to better opportunities in Pennsylvania and approximately $15 million in revenue and development capital. This income would have supported employees, service companies and would have had a positive economic ripple effect across Western New York and the Southern Tier.

“I understand the state’s need to be deliberate and to make all the necessary assurances regarding environmental protection,” said Lenape President John Holko, a director for the Independent Oil & Gas Association of New York (IOGA of NY). “But we are seriously approaching the point where we will either force businesses from New York, prevent them from coming here at all, or over-regulate the industry to extinction. We’ve already seen it occurring – with my business and with many others.” Holko said his business partners may limit future investment in his New York projects. Survival may require moving his business from the state.

Similar sentiments are being expressed by IOGA of NY members as the state nears the fourth full year of an environmental review of high-volume hydraulic fracturing and horizontal drilling. While Pennsylvania, West Virginia and Ohio continue to tap the Marcellus Shale for its rich natural gas reserves, New York has continued to lose economic opportunity.

Norse Energy opened an office in Buffalo in 2008 with expectations to grow in Western New York. It hired an expert staff of 40, including surveyors, geologists, engineers, geophysicists, technicians, accountants, land agents, and even hydrologists to assure protection of water resources. They now have 11. Early last year, the company employed 26 people in Norwich; that staff has been reduced to 10.

“We had plans to double our staff and employ more than 100 people in Buffalo alone, and we expected our activity would help to create hundreds more indirect jobs,” said S. Dennis Holbrook, Norse’s chief legal officer. “Instead we have a skeleton crew. Not only were our plans unrealized, we are now going in reverse.”

Mesa Energy Holdings, Inc., has active natural gas wells in New York, but the expansion of operations and employment has stalled, primarily because of exaggerated environmental concerns, CEO Randy M. Griffin said.

“Unfortunately, misinformation about hydraulic fracturing and the ongoing moratorium on the issuance of drilling permits has continued to delay our development efforts and forced us to shift our focus to other states where evidence of community benefits are seen in the form of new schools, fire stations, recreational facilities and roads,” Griffin said. “As a public company, we cannot wait while these issues are debated, particularly when the debate is driven by interests that have almost no understanding of the science and technology involved in natural resource development. Other states where we operate have a better understanding of the broad benefits to the overall economy that natural resource development and a positive relationship with the industry can bring.”

While the DEC has indicated a spring release of the final SGEIS and new regulations, an overly restrictive regime will inhibit future business and natural gas development, many have warned the DEC.

Lion Energy Company, LLC, has invested more than $4 million in its Chautauqua County gas field in the past 14 years, with more than $700,000 paid in landowner royalties. If the company is allowed to further develop 11,000 acres of its leased land, it would generate more than $50 million in investment and royalty payments over the next 10 years, said Karl C. Kimmich, Lion Energy vice president. However, he added, “If the state’s regulations are implemented in their current form, we will likely abandon this gas field.”

Brad Gill, executive director of IOGA of NY, urged the DEC to complete its work in a timely fashion and for the governor and Legislature to accept the findings of the experts in the field who are charged with protecting the environment.

“Governor Cuomo and state regulators have indicated that science and fact will determine whether proven technologies are adequate to protect New York’s environment,” Gill said. “Our members support that position, but caution that such a determination must not take longer than the previously expressed timeframe.”

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IOGA of NY Statement Regarding the State of the State Address

Attributable to Brad Gill, IOGA of NY executive director.

“In so many parts of the governor’s speech today, he expressed the need for urgent action to return New York to greatness. The key to this was creating jobs.

And while Governor Cuomo deserves credit for laying out a formula for leveraging economic growth by investing in the state’s energy infrastructure, it was disappointing that he did not define where New York’s abundant supply of clean-burning natural gas fits into the equation.

Those who operate oil and natural gas businesses, and those who provide them with goods and services, represent the potential for the largest unsubsidized private-sector employment growth the Southern Tier has ever seen. As a result, this represents an unprecedented economic boost that this region of the state so desperately needs.”

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