2020 August issue "IOGA News"

The Voice of the

Independent Since 1959

NEWS

August 2020

2020-2021 IOGA Leadership Team Named Ben Sullivan has been elected as 2020-2021 President of the Independent Oil and Gas Association of West Virginia, Inc. (IOGA). He will be joined by Vice President Maribeth Anderson and Secretary/Treasurer Jim Pritt. J. Kevin Ellis will continue for one year as Immediate Past President. These officers will assume their duties following the Annual Membership Meeting on August 19.

Ben Sullivan is General Counsel and Executive Vice President of Diversified Gas & Oil Corporation,

a production and midstream company with interests in approximately 60,000 natural gas and oil wells throughout Appalachia.

Prior to joining Diversified, Ben worked with Greylock Energy, Energy Corporation of America, EQT Corporation and had a private law practice. He is

a member of the Board of Directors of the West Virginia Chamber of Commerce and is a former past Vice President of IOGAWV, current Trustee and former Executive Committee member of the Energy and Mineral Law Foundation, past member of the Legislative and Legal Committees of the Marcellus Shale Coalition, and previously served as Legal Committee chairman for the West Virginia Oil and Natural Gas Association and as a member of the New Officers Continued on page 22

Make Plans Now for Sports Weekend IOGA Vice President and Program Chair Ben Sullivan encourages everyone to register now to join the fun at the 2020 IOGA Sports Weekend on Friday, September 18, at Bridgeport Country Club.

Activities begin at 8:00 a.m. with registration and breakfast, sponsored

by SLS Land and Energy Development. The four-person scramble golf tournament features a shotgun start at 9:00 a.m. at the Bridgeport Country Club course.

For those who would prefer shooting sporting clays, arrangements have been made at A Mountain Clays, 1900 Meadowbrook Road, Bridgeport, beginning at 9:00 a.m. Your $55 per person fee includes 100 rounds of sporting clays, sodas, water and snacks. Should you have any questions, please call Lori Miller Smith directly at (304) 3449867.

Lunch will be served following golf and sporting clays at the Bridgeport Country Club. There will be skill prizes for the golfers and shooters and door prizes galore for all to win! Please know this IOGA event will be following all applicable COVID-19 rules, including social distancing and the wearing of masks, according to guidance from the Centers for Disease Control (CDC) and executive orders from Governor Jim Justice.

Due to the impact of COVID-19, West Virginia University finds itself without an opponent on September 19 because the Big 10 Conference is not allowing non-conference games.

At this time, there will be no football game or tailgate party this year.

IOGA’s Sports Weekend attracts many decision makers in our industry, in a setting that allows the participants to mix, mingle and

network, while social distancing. and following CDC guidelines. As a leader in our industry, you recognize the importance of supporting IOGA, and the benefits of promoting your company’s image. So not only will you want to attend this great event, but you may want to get even more recognition as a sponsor.

By becoming a Sports Weekend Meeting sponsor at the bronze, silver, gold, platinum or diamond event levels, your company will receive special recognition throughout the industry by coverage during the event, in IOGA News, on www. iogawv.com and on sponsor boards posted throughout the meeting venues. Diamond Event Sponsors receive a special recognition banner at your sponsored event, including your color logo as it appears in the program.

SportsWeekend Continued on page 13

INSIDE

Kevin Ellis / 2 Charlie Burd / 3, 4 Industry Events / 5 Sam McKown / 6 Rep. McKinley / 7 Member News / 8 Mark Clark / 9 Greg Kozera / 10 Kathy Hill / 11 Thomas Downs / 12 Hugh Byers / 13 Marc Monteleone / 14 Todd Tetrick / 15 Industry News / 16 Jeff Isner / 17 Charles Cunningham / 18 Sports Weekend Sponsor Form / 24 Sports Weekend Registration Form / 25

2

Kevin Ellis IOGA President

The Spirit to Endure Collapsing commodity prices, oversupplied markets, and a pandemic just for good measure. It would seem that the current challenges faced by West Virginia producers and those who provide services to them are insurmountable.

But that is not the case. Instead, the strong will of IOGA members to persevere and survive these hurdles is both remarkable and unsurprising. In fact, to persevere and survive are hallmarks of West Virginia’s natural gas and oil industry. And, I have been privileged to have a front row seat to the great spirit to endure that our industry has demonstrated over decades. As I end my tenure as President, I am so proud to have witnessed such tenacity in what I believe to be the most important industry in West Virginia.

I would like to thank the membership for entrusting me to serve on the Board of Directors for the past three years. Board service is a privilege at IOGA. It requires a commitment to listen and learn, which better informs Board decision making. Similarly, I would like to thank the Board of Directors for the opportunity to serve as President. The members of the Board are wonderful West Virginians who embody this great spirit to endure. These individuals not only tackle very busy and stressful days operating or working in an industry business but are committed to volunteer their time to participate in the governance of IOGA. The time commitment is significant but rewarding. The collective wisdom and experience of IOGA’s Board is

unparalleled and the membership can take great comfort to know that the Board applies that knowledge and experience to better West Virginia’s natural gas and oil industry.

I would next like to express my gratitude to the staff of IOGA. Charlie, Lori, Dee, Tammy, and Katie are amazing individuals who work diligently on behalf of IOGA members. The business of IOGA is in great hands as the team covers all bases from membership recruitment and retention, meetings and the insurance program to communication, problem solving and advocacy. This team is strong and IOGA is better because of all of them.

Finally, I would like to thank and recognize the consultants and advisors who provide services to IOGA. On the legal side, IOGA receives great advice and representation from attorneys at Bowles Rice LLP (George Patterson, Marc Monteleone, Evan Conard), Spilman Thomas & Battle (Mark Clark, Dave Yaussy) and Pierce Atwood PLLC (Randy Rich). The collective experience and expertise of these lawyers is brought to bear on the many challenges we face in the industry. Perhaps more importantly, these lawyers understand your business and are able to effectively advise IOGA to meet the growing demands placed on its members.

Advocacy efforts are very crucial to IOGA’s success. The 2020 legislative session was perhaps the most successful session for IOGA members in decades. This outcome did was not happenstance. It began

months before the session with planning by our lobby team along with leadership from outgoing Board Member and Government Relations Committee Chair, Sarah Smith. The lobby team, consisting of Phil Reale, Jim Fealy and Daniel Hall, are fantastic advocates for IOGA. They are called upon to work with policy makers across the State, both during and outside Enduring Spirit Continued on page 12

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

3

Charlie Burd Executive Director, IOGA

Dedicated Industry License Plate Is a Reality!

WE DID IT ! The initial process of collecting a minimum of 250 individual applications requesting a specialized license plate honoring the oil and natural gas industry has come to fruition! Thanks for all those who applied and will soon become some of the first to receive this customized plate.

Over the past several months, IOGA and WVONGA have collectively been asking its members to consider applying for a license plate dedicated to the oil and natural gas industry. A plate that will get us recognized in the same way as other such industry or special interest groups.

On July 21, we hand-delivered 283 applications, and advance payment, to the West Virginia Department of Motor Vehicles (WVDMV). We had a hard deadline of July 24 and, had it been missed, we would have been locked out from reapplying for two years. Fortunately, that did not happen.

Now that we have submitted our minimum number of applications,

Remember to practice these safety measures to prevent the spread of COVID-19 to yourself and your family, coworkers, friends, neighbors and others: • Practice “social distancing” • Avoid contact with people who are sick • Wash your hands often with soap and water for at least 20 seconds (it’s longer than you think — try saying the Pledge of Allegiance twice or sing “Happy Birthday” twice, too).

• Use an alcohol-based hand sanitizer (at least 60% alcohol) if soap and water are not available • Avoid touching your eyes, nose, and mouth with unwashed hands

the WVDMV will assign its graphic artist to meet with us, get our design input, and then go to work creating several versions from which Charlie Burd we will assess Executive Director and make a final decision.

Once the final design is chosen the plate will be given to the manufacturer and we wait for the delivery. With the current COVID-19 this could well be a several month process. Nonetheless, that is out of our control and we will closely monitor and report the process.

One last thing…even though we have met our minimum hurdle, the applying for, and obtaining of, a specialized plate is an on-going process. It is never too late to apply for a plate. From this point forward you can access the “West Virginia Oil and Natural Gas” specialty plate at the IOGAWV website (www.iogawv.com) or at the WVDMV website at: https:// transportation.wv.gov/DMV/Vehicle-Services/License-Plates/Special-Plates/Pages/default.aspx The instructions will direct you complete the application, make your check for $91.50 payable to: IOGAWV -- Special License Plate, and to send both the application and check to: IOGAWV C/O: Charlie Burd 300 Summers St., Suite 820, Charleston, WV, 25301

4

Charlie Burd Executive Director, IOGA

From the Burd’s Nest: Turn the Page Definitions.net tells us the term “turn the page” means “to move on to new involvements or activities; to make a fresh start or literally, turn the page in a book, magazine, etc.”

Every year at this time we have to say goodbye to four outgoing Board of Directors members who have completed their three-year terms.

For them, they step back into their chosen vocation, and take a short step back from their avocation. For me and the IOGA staff it is always bittersweet because over that threeyear period there is a tremendous amount of interaction and bonds of trust and respect form. Then, almost overnight, these four must turn the page to that next chapter in their life and career and hand the baton off to someone new.

This year, we must say goodbye to Jim Crews, Kevin Ellis, Sarah Smith, and Todd Tetrick—four great individuals whose knowledge, leadership and dedication will be sorely missed.

Please allow me say just a few parting words to each: Jim Crews. IOGA has been extremely blessed to have had Jim as the Vice Chair or Co-Chair of its Commerce Committee for all three years of his term beginning in August 2017 and running through August 2020. As Vice President of Business Development for MPLX, his breadth of knowledge on NGL’s and their markets, at a global level, is simply astonishing. Put this together with his knowledge of the different gathering systems from the many pipelines and his ability to explain how they all interact to deliver natural gas throughout the entire Appalachian Basin and beyond is something that continues to amaze me.

Jim is, and has been, engaged at the highest levels with many others in an attempt to create investment in major projects like an ethane cracker, the underground storage of natural gas liquids, and value-added downstream manufacturing and petrochemical development for West Virginia. When Jim speaks of these things the words roll off his tongue.

His relationship with the key players in this arena is well documented and his expertise in the different markets is highly sought by key economic development officials. When he speaks, people listen!!

On a personal note, I have been acquainted with Jim for many years.

Jim is humble and does not seek the limelight; he is an individual of outstanding character with a great sense of humor that can sometime catch you off guard. Jim, as much as I personally love your suggested slogan for the new oil and natural gas license plate, let’s just say it is just a bit too long for the plate —but absolutely number one on the funny meter!! Jim, I cannot tell you how much help you have been to me on ALL the issues and thanks for all your dedication to and hard work.

Kevin Ellis: While I do not recall the exact date, the first time I met Kevin was in the offices of Hall Drilling in Ellenboro. We had a short pre-meeting to discuss a public hearing in the Town of Salem that was taking place a short time later addressing the fear of potential contamination from a horizontal well that was expected to be drilled nearly a mile under the lake supplying the town’s water supply. It was my first opportunity to stand and make public comments on behalf of a

member and in defense of horizontal drilling and hydraulic stimulation.

There were many speakers that night speaking for and against; some there out of fear and folks like us there to report the facts. The outcome is history.

Kevin is one of the industry’s most familiar faces. He has served both WVONGA and IOGA with distinction and is very respected for his knowledge and ability to articulate the facts and wisdom on virtually any given matter associated with the exploration, production and distribution of natural gas. Over the course of his three-year term, in August 2017 Kevin served as Vice Chair of the Governmental Affairs Committee, in 2018 became the IOGA Vice President and Program Chair and still pulled duty as the Co-Chair to Governmental Affairs.

While in 2019 Kevin “only” had to be President —the fruits of his previous efforts paid great dividends at the 2020 Legislative Session with the passage of eight pieces of legislation that provide direct benefits to all West Virginia producers.

It is easy for me to say Kevin is the “real deal.” What you see is exactly what you get. Kevin is man of principle, who, through his hard work and industry knowledge, has earned the respect of his peers. I consider it a privilege to have had the opportunity to work for and learn from him as a board member and then as my President. Kevin, while you remain of the Board for another year as Immediate Past President, I take this opportunity to express my thanks for your hard work and devotion to IOGA. Burd’s Nest Continued on page 20

5

Industry Events

Important Upcoming Events August 7 and 21, 2020 WVU Safety & Health Extension Service “Drive Safe” Training Virtual Platform Info: https://extapps.wvu.edu/extforms/index.cfm?formid=258 August 11-27, 2020 Summer NAPE Global Business Conference Virtual Expo Format Info: www.napeexpo.com August 19, 2020 IOGA Annual Membership Meeting Attendance LIMITED! Online registration required.

Bridgeport Country Club Bridgeport, WV Info: www.iogawv.com August 20, 2020 Divot Diggers Golf Outing and Steak Fry Tam O’Shanter Golf Club Hermitage, PA Info: Click here August 27, 2020 Appalachian Storage Hub Conference Hilton Garden Inn Canonsburg, PA Info: www.appastorage.com September 4 and 18, 2020 WVU Safety & Health Extension Service “Drive Safe” Training Virtual Platform Info: https://extapps.wvu.edu/extforms/index.cfm?formid=258

September 15-16, 2020 10th Annual Shale Water Management Congress Marcellus & Utica Returns Marriott City Center Hotel Pittsburgh, PA Info: www.shale-water-marcellus-utica.com September 16-18, 2020 2020 SPE Regional Meeting Nemacolin Woodlands Farmington, PA Info: www.speeasternregional.org/ September 18, 2020 IOGAWV Sports Weekend Bridgeport, WV Info: www.iogawv.com September 22 & 23, 2020 PIOGA Fall Conference and Golf & Clay Shoot Seven Springs Mountain Resort Champion, PA Info: Click here September 24, 2020 SOOGA Annual Trade Show Broughton’s Comm. Bldg.

Marietta, OH Info: www.sooga.org Sept. 29 - Oct. 1, 2020 Shale Insight Conference Bayfront Convention Center Erie, PA Info: https://shaleinsight.com/ October 8, 2020 Ted Cranmer Memorial Golf Outing and Steak Fry Wanango Country Club Reno, PA Info: Click here

October 5-7, 2020 SPE Annual Technical Conference and Exhibition Colorado Convention Center Denver, CO Info: www.spe.org October 12-14, 2020 WV Governor’s Energy Summit Stonewall Resort Roanoke, WV Info: tiffany.j.bailey@wv.gov October 14, 2020 PIOGA Annual Meeting Info: www.pioga.org November 5-6, 2020 WVONGA Fall Meeting Morgantown Waterfront Marriott Morgantown, WV Info: www.wvonga.com November 2020 IOGCC 2020 Annual Meeting Virtual Conference Info: http://iogcc.ok.gov/events December 1-3, 2020 Dug East David L. Lawrence Convention Center Pittsburgh, PA Info: www.hartenergyconferences. com/dug-east December 4-5, 2020 WV Manufacturers Association Winter Convention The Greenbrier White Sulphur Springs, WV Info: www.wvma.com

6

Sam McKown Insurance Committee Chair

Save More With 2020 Encova Association Program As we announced in 2017, IOGA joined together with Encova Insurance to offer a safety discount program to our members. Thanks to the efforts of IOGA member companies to improve safety practices and to promote this program, we have great news. The decrease in the loss ratio and the increase in the amount of premium represented by the participants has resulted in the discount increasing from 6.1% to 7.7%.

Beginning September 1, 2020, members who are eligible for the program will receive a 7.7% discount on their Encova Insurance workers’ compensation policy. This is an increase of 1.6% from last year!

The more members who participate, the more benefits we receive as a group. Increased member participation, improved safety performance and successful implementation of the additional participation criteria will help to increase the amount of the discount each year.

This program is designed to help participants put effective safety and return-to-work programs in place in order to reduce their costs. Direct benefits of the program include individual safety consultations from an Encova Safety and Loss Control Consultant, group safety trainings provided at no charge to members who participate in the program and a discount on your workers’ compensation premium. Other positive outcomes from participating in the program can include a reduction in your overall costs related to workplace injuries by reducing the number of injuries that occur and by working with BrickStreet to get injured employees back to work as quickly and as safely as possible.

To qualify for the program, a company must be in good standing with the Association. In addition, members must do the following: • Report claims within 48 hours of any accident; • Achieve and maintain a threeyear loss ratio of 65 percent or less; • Implement and maintain a formal return-to-work program; • Annually attend at least one safety seminar per year that applies to operational hazards, or complete one Encova online course dealing with operational hazards; and,

•

Implement and maintain an effective Safety and Loss Control program If you are interested in participating in this program, please contact Lori Miller Smith at (304) 344-9867 or lmillersmith@iogawv.com. Encova policies with effective dates of September 1, 2020 and after may qualify for the program. Let’s keep working to increase participation in this very beneficial program and more importantly let’s keep working to improve the safety of our workplaces!

UNUM Is Now Part of IOGA Insurance Program After careful deliberation and due diligence, I am pleased to announce, effective September 1, 2020, the UNUM Group will begin managing the Life, Accidental Death and Dismemberment (AD&D) and Short Term Disability (STD) benefits for the IOGAWV Insurance Program, replacing Dearborn National.

UNUM is a Fortune 500 company and is the number one carrier in America for STD and LTD as well as number three for life insurance.

There were several reasons behind selecting UNUM as our new partner.

They are: 1. Benefit Design: The UNUM plans will offer an additional level of life insurance, which will be one time salary up to $100,000. The current levels of $15,000, $25,000 and $50,000 per employee will remain in

place as well.

The STD plan was enhanced to reflect a plan design benefit coverage that is a percentage of earnings versus a flat dollar amount, which is in place now. We have also adjusted benefit durations to better reflect the oil and gas industry norms.

2. Premium Reduction: The life, AD&D and STD plans will all have reduced rates compared to the Dearborn rates. You should note that the STD premium may increase due to the increased level of benefit that the employees would receive in the event of a covered disability.

3. Future Additional Coverages: Due to UNUM’s unique size, there are multiple benefit offerings to come out that best Insurance Continued on page 19

7

The Honorable David McKinley US House of Representatives

Don’t Trade Domestic Energy Independence Over the past few months, Americans have become acutely aware of the problems with relying on foreign countries for vital products.

The global pandemic has shined a light on the fact that America depends on foreign suppliers far too much for products vital to our health — from masks to testing swabs to pharmaceuticals.

America found out about this issue the hard way. Yet, in another sector of our economy that is vital to our national security — energy — America is about to plunge blindly into a similar reliance on foreign sources. Haven’t we learned our lesson?

We are simply too dependent on foreign countries — including rivals like China — for critical materials necessary for developing clean energy.

Yet many want to push America’s economy, from vehicles to electricity, to 100% “clean” in the coming decades.

Before we rush headfirst into transforming our economy into one that relies on electric vehicles and electricity from wind and solar, let’s consider the consequences. Unless America can develop more secure supply chains for a wide range of materials, we will put our economic and national security at risk.

Consider the ingredients in batteries for electric vehicles. According to Mining News, America is nearly 100% dependent on other nations for cobalt, lithium, and carbon anodes. The Democratic Republic of Congo produces more than 60% of the world’s cobalt. Yet, it is a very unstable country and is notorious for environmental and labor abuses.

In 2018, researchers from Lund University in Sweden projected that by 2060, the demand for minerals for electric car batteries will increase by an astronomical 87,000%.

The same is true for solar panels.

Key minerals like silicon, arsenic, and gallium are primarily sourced from China and Russia. Wind turbines require rare earth elements that are mainly produced in China.

It’s not just a handful of materials either. In May, the World Bank issued a report identifying 13 critical minerals whose production will have to increase exponentially to meet global demand.

Do we really want to be dependent on Russia, China, and the Congo for these resources?

So before we get too excited about doing away with traditional cars and trucks or electricity from coal, gas, and nuclear, let’s take a deep breath.

One option is to start extracting critical minerals domestically. However, the environmental progressives refuse to allow this. They would rather destroy the land and water quality of other countries instead of safely developing American mining and manufacturing.

We saw this happen when they successfully drove nearly all of the extraction and processing of rare earths to China. This is the height of hypocrisy.

The recent House Democrat climate proposal would mandate auto manufacturers to make only electric vehicles starting in 2035.

While this may sound environmentally friendly, it takes 500,000 gallons of water to obtain 1 ton of lithium. Extracting lithium in Chile consumes 63% of all available water

in the region, diverting it from consumers and farmers.

The Edison Electric Institute projects by 2030, the United States could have nearly 19 million electric cars on the road. To provide for the amount of lithium in a Tesla battery, America would need approximately 2.6 billion pounds of lithium. Consider the amount of water needed for that. America is about to confront a real global shortage of key materials.

So, if environmental groups prevent us from mining and manufacturing in America and there are critical shortages developing, shouldn’t we consider alternatives?

What about an energy source that is efficient, never needs to be recharged, has zero emissions, and can operate 24/7? Shouldn’t we at least consider that?

If so, the answer is hydrogen power. It’s already being used globally as an alternative energy source, and even domestically in projects such as the Santa Rita Jail Fuel Cell Power Plant in Alameda County, California.

While we should continue to make advances on electric vehicles and renewable energy, it is foolish to turn our back on fossil fuels and nuclear energy when they have demonstrated they can supply dependable American clean power.

Projects like NetPower and Petra Nova have shown Carbon Capture Utilization and Storage (CCUS) can work. With the 45Q tax incentive, we will see even more CCUS projects developed.

America must also develop the next generation of advanced nuclear plants that can provide dependable Don’t Trade Continued on page 21

8

Member News

DTE Energy Foundation Partners With WVU on New Rural Life Saving Team A new pilot project launched by the West Virginia University School of Medicine in partnership with the DTE Energy Foundation will deploy physicians to respond to emergencies in rural areas of West Virginia, improving access to – and quality of – emergency care to save lives statewide.

The DTE Energy Foundation awarded a $300,000 grant to the Department of Emergency Medicine’s Division of Prehospital Medicine to establish West Virginia’s first emergency medical services physician response program, which launched recently in Marion and Tucker counties. Through this program, a physician-led team will work collaboratively with existing EMS resources to provide emergency medical treatment that was previously unavailable prior to arriving at hospitals. These treatments include diagnostic ultrasounds, medication/ video-assisted intubations to secure patients’ airways, administration of blood products, procedural sedations, life-saving field amputations and more.

“West Virginia’s rural setting makes our state a perfect place for this kind of program,” said Dr. P.S. Martin, director of the Division of Prehospital Medicine and associate professor of emergency medicine.

“Having a physician on scene to direct or perform critical interventions can improve healthcare outcomes in areas where transport to the nearest advanced care facility may take hours. We can make a big difference by being out in these communities.”

Participating physicians will respond to emergencies as requested by county 911 operators and EMS

agencies in a custom quick-response vehicle – funded by the DTE Foundation – equipped with specialized equipment. The innovative idea of bringing the emergency room to patients – while simultaneously enhancing medical training for physicians and other health professionals – is what inspired the DTE Energy Foundation to invest in the program.

“The DTE Foundation has a long history of working hand in hand with local leaders to improve the quality of life of residents in our communities,” said Lynette Dowler, president of the DTE Foundation. “This grant, which will deliver leading-edge medical care to West Virginians in rural areas, is an opportunity for us to give back to the Mountain State – home to DTE Energy’s Midstream pipeline business – and for us to live our commitment to be a force for growth in the communities where we live and serve. We look forward to our continued partnership with West Virginia University, and to the posi-

tive, lasting impact this program will have on communities statewide.”

The program launched in Marion and Tucker counties thanks to support from local EMS officials and HealthNet Aeromedical Services, which assisted with securing, equipping and providing space for the inaugural vehicle. Tucker County EMS Chief Sheila Marsh said, “Once we get the program up and running, it’s going to be great,” Marsh said.

“It’s going to be a big asset for the counties. It will give a higher quality of care to the serious patients who need it.”

The WVU School of Medicine expects to gradually expand the program to rural communities statewide as it grows and additional resources become available. The program will also track data – including response times, cardiac arrest outcomes, intubation success rates, unnecessary transports avoided and EMS feedback – to evaluate its success and contribute to WVU research on DTEPartnership Continued on page 19

9

Mark D. Clark Spilman Thomas & Battle, PLLC

Regulatory Update Provided There are several regulatory and related litigation updates to share this month, including updates on the Navigable Waters Protection Rule (formerly Clean Water Rule), rulemaking relaxing NEPA requirements, the Oil and Gas Conservation Commission rule, 39 C.S.R. 1, and proposed rulemaking revising the Radiological Health rule, 64 C.S.R. 23, relating, in part, to TENORM. As we reported in the May IOGA News, on April 21, 2020, the United States Environmental Protection Agency and the United States Army Corps of Engineers (jointly the “Agencies”) had published in the Federal Register the final rule, entitled the “Navigable Waters Protection Rule” (NWPR), which became effective June 22, 2020. What has been generally known for some time as the Clean Water Rule has been replaced with the Navigable Waters Protection Rule. What was rightly predicted is that numerous lawsuits have been filed mostly challenging the validity of the NWPR. More than a dozen states challenged the NWPR in the Northern California U.S. District Court seeking a nationwide injunction, but the court denied the injunction finding that the states had not shown they would be injured if the rule took effect. However, a different result was reached in Colorado where the U.S. District Court granted a preliminary injunction preventing the NWPR from being implemented in Colorado only.

Meanwhile, challenges to the rule are pending in federal district courts in Massachusetts, filed by the Conservation Law Foundation and Natural Resources Defense Council, South

Carolina, filed by the Southern Environmental Law Center and the Western District of Washington, filed by Puget Soundkeeper Alliance, Idaho Conservation League, Sierra Club and Mi Familia Vota. In addition, Native American tribes filed lawsuits challenging the rule in federal courts in Arizona and New Mexico. The dance over the extent of federal jurisdictions under the Clean Water Act seems to never end.

As a follow up to our article in the February IOGA News, on July 16, 2020, the Council on Environmental Quality published its final rule updating its regulations implementing the National Environmental Policy Act (“NEPA”). The agency explained that the updated regulations are intended to make the NEPA approval process more effective, efficient, and responsive to infrastructure projects. The final rule will become effective on September 14, 2020, but will likely be challenged in one or more federal district courts and perhaps be subject to repeal under the Congressional Review Act depending on election results.

In a more positive development, the Oil and Gas Conservation Commission’s rule, 39 C.S.R. 1, was filed in final form with the West Virginia Secretary of State’s office on June 29, 2020, and became effective immediately. As reported in the January IOGA News, the revised rule establishes a default spacing for deep horizontal wells at 1,000 feet between productive intervals and 800 feet for wells operated by the same operator, or different operators who have agreed in writing to the lesser spacing. The impact of the final rule is that operators will not be required

to apply for a well location variance each time it intends to drill a deep well closer than 3,000 feet from an existing deep well.

In a more surprising development, on July 6, 2020, the West Virginia Department of Health and Human Resources (“WVDHHR”) published proposed revisions to the Radiological Health rule, 64 C.S.R. 23, promulgated pursuant to W. Va. Code §16-1-4, which makes significant changes to the 245-page rule, including to section 16 governing “Radiation Safety Requirements for Technologically Enhanced Radioactive Materials” (“TENORM”). Section 16 of the proposed rule establishes radiation protection standards for “possession, use, processing, manufacture, distribution, transfer, and disposal of TENORM and products with TENORM.” No public hearing has been scheduled on the proposed rule, but the deadline for written comments is 5 p.m., August 5, 2020, which may be e-mailed to April Robertson - april.l.roberston@wv.gov.

This proposed rule appears to be an effort to more broadly regulate TENORM as a follow-up effort to WVDHHR’s proposed legislative rule, 64 C.S.R. 23A, which was filed in June 2017, and withdrawn in September 2017. That effort appeared to be much more detailed and extensive with significant negative implications for oil and gas operators than the current proposed rule. However this proposed rule is described by the agency as “designed to increase the efficacy of the regulatory program, without which the state will shoulder the burden of radiological health effects from TENORM and Regs Update Continued on page 23

10

Greg Kozera Learned Leadership LLC

Making Lemonade From Lemons This month we took a West Virginia vacation with our youngest son and his family of 5 from Maryland.

Our original plan was to go to Disney World. We felt West Virginia was a better and safer choice. It is good to be able to get out and travel again. We have our masks and have been able to socially distance. After hauling our suitcases down from upstairs and loading the car, I thought about how easy it is to take things for granted.

After my soccer injury in October, I couldn’t go upstairs to our bedroom until February. When I was in my wheelchair in December, I couldn’t go out our front door without assistance. The ability to drive and go wherever we want to is freedom. I understand how people feel when they have to give up driving and become dependent on others to take them where they want to go.

I didn’t start driving again until late January. Before that, I couldn’t go to the grocery store, the post office or set up a business meeting until I knew I had a driver. I was dependent. I have a new appreciation for many things.

It was shocking how much strength and muscle mass I lost in my legs for the two months I couldn’t put any weight on them.

Patients that have spent weeks in a hospital because of Covid-19 have long recovery to get their strength back. It takes much longer to build muscle mass and strength back up than it does to lose it. I am now running, swimming, playing golf and coaching again. This week, for the first time since October, I ran 5 miles. Protecting our health whether it is from Covid-19 or some other

illness like heart or lung disease is important for us to maintain our personal freedom and independence.

Many Americans may have forgotten or are too young to remember the Arab Oil Embargo of the 1970s or the Energy Crisis of the 1990s and early 2000s. We were dependent on other countries for our energy.

The Shale Revolution ended that dependency. Many Americans now take economical 24/7 energy for granted.

Recently, I was talking to a friend whose company does solar power installations. His big challenge was, “My clients don’t understand solar panels don’t work at night.” That simple fact is common sense to most of us. It is called “solar power” not “dark power”. We understand solar power requires a dependable back up power source like natural gas. Batteries haven’t developed to be able to store large amounts of power.

The “antis” and even some political candidates have no idea how important American natural gas and oil are to the world. They also believe in magic. (and other fantasies) They have no idea solar panels are an oil and gas product because of petrochemicals. They think wind and solar power will still light and heat our homes after dark without fossil fuels.

They don’t know petrochemicals are a product of hydraulic fracturing and make the PPE our frontline healthcare heroes need.

In June, the US Department of Energy released “The Appalachian Energy and Petrochemical Renaissance An Examination of Economic Progress and Opportunities.”

This report says in part, what we at Shale Crescent USA have been saying for over 4 years, about the en-

ergy advantages to companies who manufacture in this Region. Here are some excerpts; “A major component of the United States economic recovery will be the abundance of reliable, affordable energy to enable United States manufacturing and other sectors of the economy to reignite the pre-pandemic boom. Appalachia’s economic viability during this recovery will serve as a key indicator of the prospects for, and overall health of United States economic recovery.”

“The opportunities for economic growth discussed in this report are especially timely and relevant in the new reality of a post-pandemic world that we face as a Nation. Economic recovery and growth are a priority, and outside of Appalachia, few other regions have the same potential for not only recovery, but for new growth at a scale not seen since the Industrial Revolution. Appalachia can expect to grow via energy resource production, next generation manufacturing, and petrochemical industry development and expansion.”

“Furthermore, the lessons learned from this pandemic experience underscore the importance of the United States petrochemical industry. The personal protective equipment (PPE) that protects first responders and health care workers are largely constructed from petrochemical feedstocks. From latex gloves to N95 masks and plastic face shields, petrochemicals play a key role. To put this in perspective, over 80 percent of the PPE used by firefighters are derived from petrochemicals.”

As challenging as these times are there is opportunity. We have an opportunity to educate the public about the importance of petrochemicals and our industry that provides their feedstock. We may have new supporters in the healthcare industry Lemonade Continued on page 15

11

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12

Thomas Downs WeatherBELL Analytics

Summer Forecast Update: We’re on Track Our summer forecast is on track. July has turned out to be one of the most consistently hot months across such a large area of the country.

Muggy conditions are expected along much of the East Coast. The above normal temperatures in August should be mainly because of warm nights, though there should continue to be a fair share of hot days. The West is expected to continue to be very hot, especially in interior areas.

Hurricane season has gotten off to a fast start, with six named storms through mid-July. We expect an impactful hurricane season to begin in August, with stronger storms closer to the coast.

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.

Enduring Spirit Continued from page 2

of legislative session, to advance policies that will keep our industry strong. Advocacy takes many forms and might include public testimony before committees of the Legislature, bill drafting and regular attendance of all relevant meetings and hearings. Often, all of these things happen with very little notice. Thus, it is important to IOGA that our lobby team is steeped in knowledge of the industry which allows them to effectively advocate for IOGA members even on short notice.

IOGA communications efforts are underpinned by the work of talented people from Charles Ryan Associates (Danny Forinash) and Diane Slaughter at Homestead Communi-

cations. CRA, with the leadership from current Communications and Education Committee Chair Chris Weikle, keeps IOGA apprised of media and public relations trends and messaging opportunities. Diane is the architect of the monthly newsletter and annual IOGA Directory and maintains the association’s website. Both Danny and Diane have played major roles in IOGA’s response efforts to COVID-19.

Please thank them for providing such excellent support to IOGA’s mission.

The risk, of course, in writing an article like this is leaving some-

one out who deserves recognition.

Inevitably, that will happen. Please, however, join me in thanking the countless number of members who serve on the board, chair committees, work on the insurance program with staff, attend and testify at PSC hearings, lead meetings with regulators, fight for a fair tax structure and who lead many other efforts to advance our exploration and production businesses. These volunteers work hard to represent the association’s interests at all levels of government and within the community. On behalf of the staff and our members, THANK YOU!

13

Hugh Byers Direct Energy

Nymex Natural Gas Futures Contract 12-Month Forward Strip Average Prices Through 7/27/2020

Sports Weekend Continued from page 1 A block of rooms has been reserved at Courtyard by Marriott Bridgeport/Clarksburg for Thursday and Friday nights at a rate of $95 (plus tax) per room per night. To

make reservations by Friday, August 28, call (304) 933-8051.

To register for the Sports Weekend, please use the forms on pages 22 and 23 and return them to the

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IOGA office no later than Friday, August 28, or register online by the same date.

GOpac reminds everyone that this is one of two major fundraisers dedicated to support our industry’s state legislative lobbying efforts. To that end, you are encouraged to take the opportunity to contribute to GOpac.

Other than cash, contributions to GOpac must be made by personal check only. GOpac is a separate and distinct entity from IOGA. Registrations are limited to comply with West Virginia executive orders, so sign up now. Please understand that, should conditions necessitate, IOGA reserves the right to cancel this event at any time.

14

Marc Monteleone Taxation Committee Chair

Property and Severance Tax Developments Shared

IOGA Requesting Your Help on Well Operating Costs The Independent Oil and Gas Association of West Virginia (IOGA) has been advocating for fair property taxes for natural gas and oil wells.

We need your help!

Given the oil and natural gas property tax litigation, the West Virginia State Tax Department is expected to publish new rules for ad valorem taxation on conventional, horizontal and methane oil and natural gas wells.

Ad valorem is the legal term for property taxes. IOGA’s Tax Committee, headed by Marc Monteleone and Don Nestor, is watching the developments and will advocate for fair treatment for producers. Before the rules become effective, public notice and comment should occur. Please watch for the rules and comment-or let IOGA’s Tax Committee know your views.

To assist this process, we are asking you to review and complete this “Operating Cost Survey” document (click here) at your earliest opportunity. Return the survey or any comments you may have to Charlie Burd, IOGA Executive Director, at the email address shown below.

All the individual information you provide will be held as confidential and protected, and combined and presented in total. Again, please address any comments or questions you may have to Charlie at: cburd@ iogawv.com or at 304-482-2619.

Severance Tax Reminder IOGA reminds all producers that the severance tax rate on marginal oil and natural gas production, as newly defined and codified in House Bill 4090, has lowered to 2.5%. This bill, signed into law by Governor Justice on March 25, 2020, became effective June 1, 2020. The link to HB-4090 is provided here: http:// www.wvlegislature.gov/Bill_Status/ bills_text.cfm?billdoc=HB4090%20 SUB%20ENR.htm&yr=2020&sesstype=RS&i=4090 As stated in HB-4090, the reduced severance tax payments begin with production “for taxable periods beginning on or after January 1, 2020”. The West Virginia State Tax Department informs us that while the estimated tax form has

not changed to reflect the retroactive change in the severance tax for marginal wells, there are special instructions set forth on the web site to address the retroactive change in rates. These special instructions basically tell producers to multiply their gross proceeds from marginal wells by 50% and add that amount to the gross proceeds from non-marginal wells and enter that amount on Line 3 of the Severance Tax Estimate form for gas wells and line 2 for oil wells. Here is a link to these instructions: https://tax.wv.gov/Documents/TaxForms/sev400.VerticalWells.Instructions.pdf.

If you have questions or seek additional clarification, please contact Lydia McKee at Lydia.S.McKee@ wv.gov.

2020 WV Chamber Business Summit Cancelled Please be informed that in late July, out of respect for the current COVID-19 virus and the safety of all attendees, the West Virginia Chamber’s Executive Committee made the very difficult decision to cancel its 2020 Annual Meeting and Business Summit originally scheduled for September 2-4 at The Greenbrier.

In place of the meeting this year the WV Chamber will be holding a 2020 Virtual Business Summit Series. Details will be forthcoming in the near future. The Chamber is still hopeful this will allow attendees to hear some of the great speakers and programs that were planned for this year’s event. In the meantime, please check the WV Chamber website at https://wvchamber.com/Default.aspx to obtain information on registration refunds and up to the minute details on the 2020 Virtual Business Summit Series!

15

Todd Tetrick Safety Chair

“Drive Safe” Training Announced IOGA wants to let all members know that the WVU Safety and Health Extension Service is presenting free “Drive Safe” teleconferencing training for oil and natural gas personnel, including IOGA members.

The WVUSHE announces this interactive course will be conducted via Videoconferencing (Zoom). All

workers must have their camera/ audio on the entire course and able to access our online learning system site.

If you are interested in your workers being better prepared to recognize and mitigate hazards related to driving, enroll them in one of the courses now. All courses run from 8 a.m. to 12:30 p.m. Here are the

upcoming dates: • August 7, 2020 • August 21, 2020 • September 4, 2020 • September 18, 2020 REGISTRATION IS FREE and for course description and to register please click here: https://extapps.wvu.edu/extforms/index.cfm?formid=258

we can increase natural gas demand and totally replace the lost demand from ACP. E&P companies can sell gas into the Regional market, avoid interstate pipeline costs and increase profitability.

This week I was at my dentist for a crown. Doc and his team do good work. I couldn’t talk much during the procedure so I listened.

My dentist was shut down for over 2 months, except for a few emergency procedures, due to Covid-19.

It was a huge financial hit. Even when they could reopen, there was a delay because the gloves, masks, face shields and gowns weren’t available.

Other dentists had similar problems.

Our dependence on foreign sources for our PPE was costly to dentists, doctors and health care workers. It cost people work. Unfortunately, it also cost some healthcare workers their lives.

The crown I got was temporary.

My dentist sends the mold out to have the permanent crown made.

In 3 weeks, I get the permanent crown. Half-jokingly, I asked, “Is it being made in China?” He laughed and said, “No, California.” Then added, “China actually was making them and could do it a lot cheaper.

Some dentists in California used them until they found out China was using nickel (a carcinogen) instead of gold.” Doc then explained the USA is using different materials now and 3-D printing reducing labor cost and improving quality. A perfect example of our new manufacturing advantage. Overseas labor cost is no longer a factor.

We also have an energy advantage over places like China and are in the middle of one of the largest markets in the world. We have a huge advantage over the world if we chose to use it. We have a great story to tell.

Lemonade Continued from page 10

if we educate them. Based on media Shale Crescent USA is doing across the county, the public (liberal/conservative, urban/rural) are upset about our dependence on China for critical products. They want to see manufacturing and those high wage jobs come back to the USA. The shutdown of the Atlantic Coast Pipeline project hurt the pipeline workers and their families.

Those jobs were especially important now. It also will hurt the people at the end of that pipe who need the gas. It will hurt Virginia. Will manufacturing companies still expand there? Will companies there stay?

It will hurt demand for our natural gas unless we turn lemons into lemonade. Can our Region attract the companies that were planning to use that gas in Virginia? If we can attract manufacturing to our Region or get local companies to expand

16

17

Jeff Isner Commerce Committee Co-chair

Equitrans Files to Abandon Gathering

Equitrans L.P. (Equitrans) is acting on its plan to do something with its gathering lines.

Equitrans filed a FERC action requesting FERC approval of abandonment by either plugging the lines or by sale. While “plugging” is not the proper term, that term gets the point across. Equitrans asked for FERC consent to shut down and abandon the gathering assets Equitrans owns.

Equitrans sold some gathering lines in the southern part of its system, but according to a recent study still holds a gathering system that extends through Monongalia, Marion, Taylor, Harrison, Wetzel, Tyler, Ritchie and Doddridge counties of West

Virginia, and Green and Fayette counties of Pennsylvania (collectively the Northern Gathering System). In the latest development, Equitrans asked FERC to approve its plan to shut down and abandon its lines if a buyer did not step forward soon.

In prior communications, IOGA informed you that Equitrans hoped to transfer the lines to Peoples Gas WV LLC (Peoples) at nominal cost to Peoples.

Equitrans even offered to add new taps to bring higher pressure gas onto its system when the gas was needed for consumers and filed its proposal with the West Virginia Public Service Commission (WVPSC) as part of a case

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involving the sale of Peoples.

Peoples is a regulated public utility gas distribution company that is not in the gathering business, so Peoples did not jump at the acquisition. Peoples and Equitrans engaged an independent consulting firm, Black & Veatch, to study alternatives for the lines, including a possible transfer to Peoples.

In another WVPSC case, we learned that Equitrans wants Hope to purchase some of its system. The study was filed with the WVPSC and now available on IOGA’s webpage at www.iogawv. com or (https://iogawv.com/ equitrans-gathering-study/). The study contains a great deal of information about the Northern Gathering System, including its condition, possible sections to abandon or transfer to Hope, Mountaineer or Peoples, and interconnections. While complex, the study is worth reading.

Please, visit the IOGA website (https://iogawv.com/equitrans-gathering-study/) and look at the study, but more importantly, express your views to IOGA’s Commerce Committee. Jeff Isner and Jim Crews are your Commerce Committee chairs.

Given the COVID-19 pandemic, Commerce meetings are being re-scheduled and may occur by video or teleconference, but the time and place of the next meeting will be available from the IOGA office, 304 344 9867.

If you have gas on Equitrans gathering, it is in your interest to express your views.

18

Charles Cunningham U.S. Department of Energy

Trump Administration Releases Policy Extending LNG Export Term to 2050 President Donald J. Trump announced during his July 29 speech in Midland, TX that the U.S. Department of Energy (DOE) is issuing a final policy statement that allows for liquefied natural gas (LNG) exports to non-free trade agreement (non-FTA) countries to be extended through the year 2050. This policy is a change from the current practice of granting 20-year export terms.

“This policy to utilize export terms through 2050 is the latest of several measures DOE, under President Trump, has taken to support U.S. LNG exports and the benefits they bring both to the United States and to our allies around the world,” said U.S. Secretary of Energy Dan Brouillette, who accompanied President Trump to Texas today.

“Just this year, LNG exports from the United States will reduce our trade deficit by over $10 billion.

Furthermore, LNG exports in the United States are providing tens of thousands of jobs and have led to the investment of billions of dollars in infrastructure. This Administration is following through on our commitment to make U.S. LNG - a long-term, reliable, cleaner-burning energy source - available to the world.”

DOE originally proposed the 2050 term extension in a proposed policy statement that was issued for public notice and comment on February 11, 2020. In this final policy statement, DOE is responding to the comments received and finalizing the earlier proposal. The final policy statement allows existing non-FTA authorization holders to apply to extend their export term through 2050

and also allows existing applicants to amend their pending non-FTA applications to request an export term through 2050.

“The growth of U.S. LNG exports over the last few years has redefined the global energy landscape, with exports more than quadrupling during the Trump Administration,” said Under Secretary of Energy Mark W. Menezes. “These exports are creating thousands of jobs and enormous opportunity here at home, while increasing U.S. LNG competitiveness in the global market. I am proud to be part of a Department that is making sure these benefits can continue for the American people for the long term.”

“Especially in these times of uncertainty, this policy will provide further regulatory certainty for U.S.

exporters competing for market share around the world,” said Assistant Secretary for Fossil Energy Steven Winberg. “Importing U.S. LNG makes sense from an economic and environmental perspective for countries looking to have reliable, low-emissions energy supplies. With this policy, U.S. exporters will be better positioned to meet long-term global demand.”

The United States is the top global producer of natural gas and is currently in its fourth consecutive year as a net exporter of natural gas. To date, U.S. LNG exports have reached 38 countries across five continents.

The final policy statement has been signed for issuance in the Federal Register. The signed notice, as submitted to the Federal Register, is available here.

WV Oil & Gas Festival News The West Virginia Oil & Gas Festival, originally scheduled for Sept. 17-19, has been cancelled due to COVID-19 restrictions.

Please look for the special announcement of the 2020 Oil & Gas Man of the Year in the September issue of IOGA News.

The Fair Committee hopes to host a special luncheon in the spring to honor the recipient.

19

Insurance Continued from page 6 fit your company needs. This includes long term disability, voluntary life insurance and other voluntary benefits.

4. Customer Service: This will be an enhancement since the UNUM customer service availability will be extended to the group level. The IOGAWV plan will have several UNUM representatives dedicated to the IOGA staff for any assistance they may need. There is a long

standing relationship between UNUM and Pete Thackston of USI Insurance Services, who has been the IOGAWV insurance broker for over 25 years.

As you can see, there are plenty of reasons that I am very pleased with this decision to include UNUM as a partner to the IOGAWV Insurance Program because of the increased quality of benefits, enhanced customer service and other factors which will benefit our groups.

For the existing Dearborn group participants, as alluded to earlier, the effective date in transitioning to UNUM will be September 1, 2020.

All other IOGA member companies can enroll at any time.

For further information, please do not hesitate to call Lori Miller Smith, IOGAWV Insurance Program Plan Administrator at (304) 344-9867 or Pete Thackston, USI Insurance Services at (304) 638-7281.

DTE Partnership Continued from page 8 prehospital medicine.

In addition to enhancing patient care and research, the program will also provide important learning opportunities for health sciences students, emergency medicine residents and physicians participating in an intensive one-year EMS fellowship tentatively slated to welcome its first class in 2021 – accepting two fellows per year. The fellowship – currently being submitted for review by the Accreditation Council for Graduate

Medical Education – will prepare physicians who have completed their emergency medicine residency for EMS subspecialty certification.

“The EMS Fellowship will train a new generation of physicians to help direct and guide the future evolution of West Virginia’s emergency medical services,” said Martin. He said the educational component of the EMS physician response program will help produce highly trained physicians with valuable skills derived

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Register for upcoming meetings now at: iogawv.com

20

Burd’s Nest Continued from page 4 Sarah Smith: It was my pleasure to originally meet Sarah a few years ago when she was the Deputy Legislative Director for then Governor Joe Manchin. This is a difficult and time-consuming job and takes the ability to learn almost all the legislative issues—the hours are long, to say the least. But in the midst of all her work for the Governor, she somehow found time to get her MBA!! Not an easy task! Her talents in the legislative arena were soon recognized as she later took higher profile positions with other entities.

Today, as the Executive VP at SLS Land, she runs one of the most respected and highly sought companies specializing in a multitude of professional services in every aspect of the energy and construction industries. These same business attributes, coupled with her sense of duty to her industry, and being a highly motivated self-starter, has served IOGA well over the past three years. Sarah is one of a few “second-generation” Board members having followed in the footsteps of her father, Greg.

In 2017 Sarah chaired the Membership Committee, a year of good growth for the Association under her tutelage; in 2018 Sarah served as the Co-Chair to Governmental Affairs and Chaired this same committee in 2019. Over that two-year span, IOGA’s influence expanded and came to fruition in the 2020 Legislative Session with the passage of eight pieces of legislation crucial to the survival of all West Virginia producers.

Sarah, thanks for all you helped get accomplished, for your insight into all legislative and business matters that came before the Association, and for your great sense of support and sponsorship to all IOGA activities. (And for keeping the “boys” in line at meetings--LOL)

Todd Tetrick: Todd joined the Board in August 2018 when appointed to fill the unexpired term of a former member. Todd’s impact on the Board was immediate. His educational background and vast knowledge of the industry, from both conventional and non-conventional sides of the well pad, played well with all the issues at hand! He had a passion for both environmental and safety programs and was named to Co-Chair the Safety Committee that first year. Todd went on the Chair that Committee in 2019 through the end of his two-year term.

Todd hit the floor in a full gallop and, under his guidance, IOGA took giant steps forward in its safety outreach by partnering with folks like the WVU Health & Safety Extension, OSHA, WVU Fire Extension Service, OMEGA, and the Appalachian STEPS Network (ASN). The list of safety and environmental initiatives in which Todd was engaged or spearheaded includes the reworking of the IOGA Safety Manual; Job Safety Analysis training through OSHA and WVU Safety Extension Service; multiple meeting sponsorships with the ASN; fire safety training; frac communications; and an Aboveground Storage Tank safety seminar. Todd also provided comments on the Quad-O methane emission battle. And, until the COVID-19 Virus shutdown occurred, Todd was lining up a Defensive Driving Course and had two CPR and First Aid training sessions already planned. Most recently, Todd took a lead role in helping to craft and review IOGA comments filed in response to the PHSMA Farm Tap matter in addition to participating in IOGA’s engagement with the IPAA and its comments on the same issue.

Todd, in your short tenure, you delivered an enormous amount of

energy, insight and engagement on issues of vital importance to IOGA. While I may not see you at Board meetings, I do not expect you to stray too far and hope to continue to see your fingerprints on future initiatives!! You have been an excellent Board member and best of luck to you, my friend.

Allow me to close this latest chapter in IOGA’s history by saying these four individuals all had one very important thing in common: their willingness to serve and, in many instances, place this service above self. As you have read, the issues are many, they are diverse, and they are essential to your ability to conduct business and make a profit. As a collegiate and minor league baseball umpire for 23 years, I learned very early on that the best way to learn the rules—was to teach the rules.

The best way to be abreast of what affects you most is to get engaged in one or more of the IOGA committees, and I invite each of you to do so. Your thirteen current Board members are locked and loaded to tackle today’s and tomorrow’s issues. No matter what the future offers, you can rest assured the IOGA Board is here to protect your interests.

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Don’t Trade Continued from page 7 clean energy.

The looming problem with the supply chain for critical minerals threatens America’s ability to further develop and rely on renewable energy.

Wouldn’t it be novel for Congress to pursue clean energy sources without destroying an “all of the above” energy approach?

The stresses COVID-19 has put on the supply chain for lifesaving drugs and personal protective equipment (PPE) have shown we can’t rely on China and other foreign suppliers for critical needs. America should not make the same mistakes with clean energy.

Editor’s Note: David McKinley is a Republican who represents the First District of West Virginia in the U.S. House of Representatives. This article is reprinted with his permission.

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New Officers Continued from page 1 Legal Committee of the Virginia Oil and Gas Association. Ben graduated from the University of Kentucky and received a Doctor of Jurisprudence degree from the West Virginia University College of Law. He and his wife Stephanie live in Charleston, West Virginia with their two children, Hannah and Liam.

Maribeth Anderson, a native and lifelong West Virginian, is the Director of Government Relations for Antero Resources. She came to Antero at the end of 2017, after serving in similar roles for Southwestern Energy and Chesapeake Energy since 2007. Prior to entering the energy sector, she was a consultant for Charles Ryan Associates and the news director for WSAZ Television.

Maribeth is currently on the Executive Committee for the West Virginia Chamber of Commerce, and is the past board chair for the Huntington Regional Chamber of Commerce. She has served in industry leadership roles across four states, having been elected as the Board President for the WV Oil and Natural Gas Association, recently appointed to the board of the Ohio Oil and Gas Association, and in former roles served on the boards of the Kentucky Oil and Gas Association and the Virginia Oil and Gas Association. She is also currently on the board of directors for the WV Manufacturers Association and the West Virginia United Methodist Foundation.

A graduate of Marshall University, Maribeth earned degrees in Journalism and Economics. She lives in Huntington with her husband and daughter, and has one son in college.

James B. (Jim) Pritt: Jim is a graduate of Glenville State College with an Accounting Degree who earned his MBA from Marshall University. He is a Certified Public Accountant (CPA) licensed in West Virginia and obtained his Professional Human Resources (PHR) designation at Xavier University.

Jim was employed by Energy Corporation of America for many years where he served as Manager of Accounting and Administration.

Jim worked with CDX Gas, Inc. as Manager of Accounting and Administration and later with Pinpoint Drilling and Directional as Manager of Business Development for their Northeast Operation. After leaving Pinpoint, Jim returned to the upstream segment to work for EnerVest, Ltd. for many years as Manager of Marketing and Special Projects and later as Manager of Public Relations and Governmental Affairs for their Northeast oper-

ations. Jim is currently employed with Putnam Natural Gas Company where he serves as their General Manager and works with the affiliate companies of Teavee Oil and Gas, Inc. and Union Oil and Gas, Inc. Jim is active on IOGAWV’s Environmental, Safety, and Commerce Committees and was active on the Governmental Affairs Committee.

He served as Co-chair of the Commerce Committee and Treasurer of IOGAWV during his previous term on the IOGAWV Board from 2015 to 2018. Jim is a past Board Member of the Ohio Oil and Gas Energy Education Program (OOGEEP) where he recently served as Treasurer and is the current Treasurer of Members Choice West Virginia Federal Credit Union.

Jim enjoys the outdoors and hunts, fishes, and golfs whenever he can.

He is married to Kristi and has two daughters (Amy and Sara) and three grandchildren (Savanna, Sabrina and Sarah). Jim loves working in an industry that has and will continue to provide citizens with energy in order to maintain their current and future standard of living.

23

Regs Update Continued from page 9 may be left with legacy costs of site remediation.” Notwithstanding its statement, the WVDHHR does not include any statement of the overall impact of the proposed rule on revenues of state government, special revenue accounts, or on the state or its residents. Surely, WVDHHR expects economic impacts on the persons and entities that will be subject to this proposed rule.

This proposed rule expands its scope by adding “processing, manufacture, distribution” to the existing rule governing only “posses-

sion, use, transfer and disposal” of TENORM. To the extent registration required by the proposed rule, a financial surety of a minimum of $1 million is imposed to cover “remediation of the facility, land and equipment.” Some of the definitions and exemptions in the proposed rule are positive developments, but further clarification is needed in order to understand the impact of the proposed rule on oil and gas operations.

The expense of demonstrating that an operation is exempt from the rule

may be unreasonable.

As noted above, the proposed rule is subject to public comment to which the WVDHHR will need to respond. Following the final agency-approved rule, the Legislative Rulemaking Review Committee and the full Legislature will evaluate the agency’s proposal which could result in further revision.

If you have questions or comments regarding this article, please contact Mark Clark, Joseph Unger or Dave Yaussy.

Tell Us How You’re Being a Good “COVID-19” Neighbor We know the members of the Independent Oil and Gas Association of West Virginia are a very generous and giving group. You look after your family, employees, neighbors, friends and community.

We want to know what you’re doing during this pandemic to help others. Please visit

https://iogawv.com/iogawv-charitable-services-survey/ to tell us what you’re doing to help food banks, neighbors and others in need. Please let us know if you’re donating blood; if you want to donate blood or plasma, click here.

Thank you for all you do!

24

Sports Weekend Sponsorship Form

2020 Sports Weekend Sponsor Form Bridgeport Country Club and A Mountain Clays September 18, 2020 ____________________________________________________________ Company Name ____________________________________________________________ Contact Name _____________________________________________________________ Address _____________________________________________________________ City State Zip ____________________________________________________________ Telephone Email

Sponsorship opportunities:

______ Diamond Event Sponsor $5,000 and up (call for availability) • Banner hung at sponsored event • Specific signage at sponsored event • Listing on Diamond Sponsor board • Logo and name listed in event PowerPoint presentation • Logo listed in event program, web site page and newsletter ______ Platinum Sponsor $3,000 • Listing on Platinum Sponsor board • Logo and name listed in event PowerPoint presentation • Logo listed in event program, web site page and newsletter ______ Gold Sponsor $2,000 • Listing on Gold Sponsor board • Logo and name listed in event PowerPoint presentation • Logo listed in event program, web site page and newsletter ______ Silver Sponsor $1,000 • Listing on Silver Sponsor board • Logo and name listed in event PowerPoint presentation • Logo listed in event program, web site page and newsletter ______ Bronze Sponsor $500 • Listing on Bronze Sponsor board • Logo and name listed in event PowerPoint presentation • Logo listed in event program, web site page and newsletter Please return this form to IOGAWV, address below, by August 28, 2020. Be sure to email a high resolution (300-dpi minimum) version of your company’s color logo to lmillersmith@iogawv.com.

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

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

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Sports Weekend Registration Form

2020 Sports Weekend Registration Bridgeport Country Club and A Mountain Clays September 18, 2020 Please mail this registration form

___________________________________ with payment by August 28, 2020 Company Name to: 300 Summers Street, Suite 820

___________________________________ Charleston, WV 25301 Address

Early registration ends Aug. 28; ___________________________________ after that, add $25.00 per person

City, State, Zip

No Refunds after Aug. 28, 2020 (unless event canceled)

___________________________________ Telephone For additional information call

Lori Miller Smith, (304) 344-9867.

Name

Employer

Member Y/N

Golf

Sporting Clays

Contact person for foursome:

Registration Fees

__________ @ $ 80.00 per member/ __________ @ $150.00 per non-member

Golf - Greens fees and cart Sporting Clays

__________ @ $ 70.00 per person __________ @ $ 55.00 per person

TOTAL $ __________ www.iogawv.com

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

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