2020 IOGA News June Issue

The Voice of the

Independent Since 1959

NEWS

June 2020

IOGAWV Scholarships Awarded for 2020 The Independent Oil and Gas Association of West Virginia (IOGAWV) has awarded scholarships to 12 outstanding high school seniors this spring. To be eligible, students must have at least one parent employed by an IOGAWV member company and will be attending a West Virginia college, university or technical school. Since 1997, a total of $180,500 in scholarship money has been presented.

Emily Matteson has been named to receive the Lori Miller Smith

Scholarship given annually to a student who exhibits a passion for education.

Matteson is graduating from Brooke County High School and will be attending West Liberty University. Her father, William Matteson, is employed by Eagle Manufacturing.

John Bober IV has been named to receive the Jim Gehr Scholarship given annually to the student who excels academically and also exhibits the greatest commitment to community service. Bober is graduating from Brooke County High Scholarships Continued on page 16

Summer Membership Meeting at The Greenbrier Cancelled; Alternative Date Set

Unprecedented times call for unprecedented action. After much thought and deliberation, the Board of Directors have elected to cancel the 2020 Summer Membership Meeting scheduled for August 2-4 at The Greenbrier. This decision was not taken lightly.

It became clear, as we continued to watch the daily press briefings, that there is still much to learn from this pandemic, how it is potentially transmitted, it effects on the public (especially those in high-risk categories) and its appropriate treatments.

In addition, there remains much uncertainty in how we will be able to transition to a “return to normal” daily routine.

Accept know that we were given every assurance from The Greenbrier that it would be ready and waiting to greet us and others with

the highest levels of cleanliness of physical facilities and extra precautions for individual safety and sanitation--that was never in doubt nor a consideration for this action.

What weighed more heavily on the Board’s decision to cancel was the fact that many individuals are still uneasy about contracting or spreading the virus, restricted social distancing, commodity prices being at historical lows and that many of our members are under “no travel” restrictions. Finding ourselves with potentially greatly reduced numbers of attendees could also diminish the high level of expectation on our two business sessions, our selection of expert speakers, and social activities, all of which IOGAWV is noted to consistently accomplish.

There is light at the end of

the tunnel.

The Summer Membership Meeting, as required by our bylaws, will take place August 19 at 1:00 p.m. at the Bridgeport Country Ben Sullivan Club. Details Vice President and will be in the Program Chair July issue. Also, IOGAWV has established dates for its 2021-2023 Summer Meetings at The Greenbrier, a wonderful in-state and nationally recognized destination location.

IOGAWV continues the planning of its Sports Weekend event September 18-19, 2020. Keep watching for updates on this and other events at www.iogawv.com.

INSIDE

Kevin Ellis / 2 Randall Rich / 3 Charlie Burd / 4 Joseph Unger / 5 Charlie Burd / 7 Ergon / 8 Greg Kozera / 9 Thomas Downs / 10 Chris Weikle / 11 Industry Events / 12 Sam McKown / 13 Hugh Byers / 13 License Plate Information / 18 License Plate Application / 19

2

Kevin Ellis IOGAWV President

Normalcy Remains Elusive, But IOGAWV Continues to Lead As we begin to see the opening of more and more businesses across the State pursuant to the Governor’s phased reopening plan WEST VIRGINIA STRONGThe Comeback, we are mindful of those who have been affected

by Covid-19 and thankful to the members of IOGAWV who have participated in relief efforts across West Virginia. But, to be sure, normalcy as we have known prior to March 2020 remains elusive and operations at IOGAWV are certainly not immune from these extraordinary times. As was reported in prior newsletters, IOGAWV leadership and consultants formed a Covid-19 working group designed to communicate information to our membership through alerts, hosting web based virtual meetings with state officials and by standing up a special web page on the IOGAWV website (https://iogawv. com/covid-19/). We have also developed a specific communication plan for social media and local news media to reinforce that IOGAWV members continue to lead within their communities both civically and economically. Of course, the coincidence of volatile industry market conditions at the same time as the public health crisis has not been lost on IOGAWV and we continue to seek outcomes which bring value to you during these difficult times in our State and industry.

One such outcome is another virtual meeting, this one with Chief of the Office of Oil and Gas, James Martin. At the time of this writing, this virtual meeting is only a few days away and we are certainly

appreciative to Chief Martin and his staff for their support in this endeavor. We will continue to look for similar opportunities to provide real time, meaningful updates to our members. Unfortunately, the extraordinary times in which we find ourselves have also prompted difficult decisions from IOGAWV such as cancellation of the 2020 Summer Membership Meeting at The Greenbrier. Although a difficult decision, we wanted to be mindful of the health and safety of attendees, and we were aware that many member companies had already suspended travel for its employees for the balance of 2020. The overarching health considerations, along with oppressive market conditions, informed the board’s unanimous decision to cancel the Summer Meeting.

As part of our commitment to you, our valued members, we do not want the cancellation of the summer meeting to discourage direct and candid feedback from you. Please know that your leadership team and staff would like to hear from you about other activities IOGAWV may undertake to further enhance the value of IOGAWV membership. And, precisely because of comments from some members about the dire economic consequences of current market volatility, we are in the early stages of identifying policy outcomes that would provide relief to our businesses as we look for specific paths to achieve those outcomes. Your lobby team has been engaged and will continue to provide counsel and leadership as to the efficacy

of pursuing policies that will be helpful.

In closing, the things that staff and leadership continue to focus on are health and safety of IOGAWV staff and members, delivering timely and meaningful communication and setting the stage to pursue new legislative or regulatory policies that will help all West Virginia’s producers.

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

Randall S. Rich Pierce Atwood LLP

IOGAWV to Oppose Equitrans Gathering Abandonment On April 30, 2020, Equitrans filed a petition with the Federal Energy Regulatory Commission (“FERC”) seeking authorization to abandon its remaining gathering systems and terminate service, either by sale to a third party or, if it is unable to sell the facilities within one year of FERC’s’ order, by physical abandonment in place.

IOGAWV will oppose the physical abandonment.

Abandonment would adversely affect West Virginia small producers on Equitrans’ Hastings and Waynesburg gathering systems, which include 927 miles of pipeline (736 miles are not certificated) and 11 compressor stations (9 are not certificated), primarily located in West Virginia. Fifty miles and two compressors are in Pennsylvania.

Interestingly, neither system was originally part of the Equitable Gas System, Equitrans’ predecessor.

Equitrans acquired the Hastings system from its affiliate, Equitable Field Services (“EFS”), in 2005 after EFS had acquired the former Dominion Transmission/CNG Transmission gathering system, when it acquired Eastern States Exploration. The Waynesburg system was the former Carnegie Interstate Pipeline (“CIPCO”), which Equitrans acquired in 1999 and FERC approved a refunctionalization from transmission to gathering over IOGAWV’s strong opposition in 2004.

In 2002, Equitrans had spundown its gathering facilities to EFS. The pipeline’s re-acquisition of the gathering systems in 2005 was largely due to IOGAWV’s efforts to

have the West Virginia Public Service Commission (“PSC”) establish a gathering rate for EFS’ facilities.

Apparently, Equitrans’ management believed FERC would set higher gathering rates than the PSC, and that turned out to be the case.

Equitrans claims that gathering is “no longer a core business” and that it has been unable to sell the Hastings and Waynesburg gathering systems since opening a virtual data room in August of 2019. At least one LDC, Peoples Gas WV, continues to study the purchase of the facilities. In 2019, Equitrans and Peoples WV commissioned an independent study of the gathering systems by Black & Veatch. That study concluded that ownership and operation by a third party that could continue to provide service was preferable to physical abandonment.

There may be other interested parties. Diversified Gas & Oil recently acquired Equitrans’ Copley South gathering system and there are some larger producers attached to the Hastings and Waynesburg systems as well as other LDCs (Hope Gas d/b/a Dominion Energy West Virginia and Mountaineer Gas). Equitrans will require FERC abandonment authority to sell the facilities, which it requests in this application, even though it has no buyer at this time. IOGAWV would not necessarily oppose a sale to a third party that would continue to operate the gathering systems, similar to other non-interstate pipeline gathering systems serving IOGAWV members.

Equitrans further requests, if it

is unable to sell the facilities after a one year period following a FERC order, that FERC grant it authority to abandon the facilities in place by capping off the pipelines and, presumably filling them with inert gas. Because physical abandonment likely would leave producers without an outlet to the interstate pipeline system and require the shut-in of wells that currently produce approximately 15,000 dth per day in the aggregate, IOGAWV plans to file a protest of the proposal on May 28, 2020.

Although FERC routinely grants authorization for abandonment by sale of gathering facilities (after the pipeline has a buyer in place), including many West Virginia gathering lines formerly owned by interstate pipelines, a physical abandonment depriving producers of access to the market and local consumers of access to nearby gas supplies is far from routine.

IOGAWV will demonstrate to FERC, among other things, that an abandonment in place of facilities and services that would strand 15,000 dth per day of production, by an owner that does not appear from the record to be losing money or which has claimed that it is not able to maintain and operate the facilities, is not consistent with the public convenience and necessity.

Moreover, we will make it clear to FERC that its public interest consideration must include the interests of captive small producers as well as the national security interest of maintaining an adequate supply of clean energy that is domestically Equitrans Continued on page 14

4

Charlie Burd Executive Director, IOGAWV

From the Burd’s Nest: We’ve Been Down This Road Before I was born at about 10:30 a.m., July 29, 1953, and depending when this article gets publishes, I will be about 24,414 days old. While I certainly do not remember, I now know it was a Wednesday and the temperature that day hit the mid to upper 90’s. The website “everythingbirthday” tells me I have likely slept about 8,136 hour or 22 years--yikes!! And, I share my birthday with Geddy Lee, the Canadian singer-songwriter, bass player and producer for Rush and Big Dirty Band.

As I researched back on my special date in history, it occurred to me that much has happened in the world since that time: some good and some bad and some things seem to repeat themselves. As my late father would say, “We’ve been down this road before.”

We as a people are no strangers to suffering and we have learned to endure, persevere and overcome. The current COVID-19 pandemic is our latest opportunity to rise once again to conquer an enemy out to harm us without discretion. But we’ve been down this road before!!

In February 1957, the world was alerted to the Asian Flu (H2N2) pandemic. This disease too had its roots in China, spreading rapidly from Singapore to Hong Kong, and then to the coastal cities of the United States that same summer. The worldwide total death toll was more than 1.1 million. Of those, 116,000 deaths occurred in the United States.

In early April 1957, Dr. Maurice Hilleman, with the Walter Reed Army Institute of Research (WRAIR), realized a pandemic was on its way to the United States. Remarkably, Hilleman was able to bypass several

regulatory agencies in his efforts to push the development of vaccine forward because he worried those agencies would slow the process down. Though his work and that of his colleagues at the WRAIR a vaccine was developed and in use by late 1957.

Since first identified in 1981, AIDS has claimed an estimated 35 million lives. HIV, which is the virus that causes AIDS, likely developed from a chimpanzee virus that transferred to humans in West Africa in the 1920s. The virus made its way around the world, and AIDS was a pandemic by the late 20th century.

For decades, the disease had no known cure, but medication developed in the 1990s now allows people with the disease to experience a normal life span with regular treatment.

Even more encouraging, two people have been cured of HIV as of early 2020.

The 2009 swine flu pandemic was caused by a new strain of H1N1 that originated in Mexico in the spring of 2009 before spreading to the rest of the world. Within a year, the virus infected as many as 1.4 billion people across the globe and, according to the Centers for Disease Control (CDC), has killed between 152,000 and 575,000 people. In 2009, H1N1 primarily affected children and young adults, and according to the CDC, 80% of the deaths were in people younger than 65. Older people seemed to have already built up enough immunity to the group of viruses that H1N1 belongs to, so were not affected as much. Two types of vaccine were originally developed for the H1N1 virus, one by injection, one as a nasal spray.

Around three billion doses were produced, with delivery in November 2009. Today, the virus that caused the swine flu is now included in the annual flu vaccine.

Ebola ravaged West Africa between 2014 and 2016, with 28,600 reported cases and 11,325 deaths.

The first case to be reported was in Guinea in December 2013, then the disease quickly spread to Liberia and Sierra Leone. The bulk of the cases and deaths occurred in those three countries. A smaller number of cases occurred in Nigeria, Mali, Senegal, the United States and Europe, the Centers for Disease Control and Prevention reported. There is no cure for Ebola, although efforts at finding a vaccine are ongoing. The first known cases of Ebola occurred in Sudan and the Democratic Republic of Congo in 1976, and the virus may have originated in bats.

The impact of the recent Zika epidemic in South America and Central America won’t be known for several years. In the meantime, scientists face a race against time to bring the virus under control. The Zika virus is usually spread through mosquitoes of the Aedes genus, although it can also be sexually transmitted in humans. While Zika is usually not harmful to adults or children, it can attack infants who are still in the womb and cause birth defects.

The type of mosquitoes that carry Zika flourish best in warm, humid climates, making South America, Central America and parts of the southern United States prime areas for the virus to flourish.

In my lifetime there have been several pandemic outbreaks--all are Burd’s Nest Continued on page 17

5

Joseph C. Unger Spilman Thomas & Battle, PLLC

Expansion of CWA Permitting Requirements; NWP-12 Vacated This article discusses two recent legal developments that have potential to affect the oil and gas industry: the U.S. Supreme Court’s interpretation of when a discharge permit is required under the Clean Water Act (“CWA”) and a Montana federal district court decision that vacated Nationwide Permit 12 “Utility Line Activities” (“NWP 12”).

I. County of Maui and the “Functional Equivalent of a Direct Discharge.”

On April 23, 2020, the U.S. Supreme Court issued its decision in County of Maui v. Hawaii Wildlife Fund and held that a CWA permit is required “when there is a direct discharge from a point source into navigable waters or when there is the functional equivalent of a direct discharge.”

At the center of the case was a wastewater reclamation facility operated by the County of Maui.

The facility collects sewage from the surrounding area, partially treats it, and pumps the treated water through four wells located hundreds of feet underground. The treated water then travels approximately one-half mile from the wells to the Pacific Ocean, through groundwater. In 2012, several environmental groups filed suit claiming that, through this process, the County was discharging pollutants (wastewater) into navigable waters (the Pacific Ocean) from a point source (wells) without a permit. The problem that brought the case all the way to the Supreme Court is that the CWA was unclear on whether a permit is required when pollutants originate from a point source (wells) but are delivered to navigable waters (the Pacific Ocean) through a nonpoint source (groundwater).

In other words, if pollutants are carried through a pipe directly into the Pacific Ocean, a permit is clearly required, but where there is an extra step before the pollutants reach the ocean, such as groundwater travel, it was less clear whether the CWA required a permit.

Ultimately, the Supreme Court held that a permit is required “when there is a direct discharge from a point source into navigable waters or when there is the functional equivalent of a direct discharge.”

The Court did not explain exactly what the functional equivalent of a direct discharge is, but it did provide some factors and examples to guide lower courts. Factors included (1) the time it takes for pollutants to travel to navigable waters, (2) the distance traveled, (3) the nature of the material through which the pollutant travels, (4) the extent to which the pollutant is diluted or chemically changed as it travels, (5) the amount of pollutant entering the navigable waters relative to the amount of the pollutant that leaves the point source, (6) the manner by which or area in which the pollutant enters the navigable waters, and (7) the degree to which the pollutant (at that point) has maintained its specific identity.

The importance of any given factor will depend upon the circumstances of each case, but the court indicated that time and distance will be the most important factors in most cases.

The Court stated, as an example, “where a pipe ends a few feet from navigable waters and the pipe emits pollutants that travel those few feet through groundwater (or over the beach), the permitting requirement

clearly applies.” A pipe ending 50 miles from navigable waters emitting pollutants that travel through groundwater and reach navigable waters years later, in contrast, likely does not trigger the permitting requirements.

A great deal of uncertainty remains even after the County of Maui decision, but oil and gas operations should not be adversely affected, except in limited circumstances. IOGA members will need to address the potential impact any production or injection wells may have on nearby groundwater and any hydrological connection to surface water that could support a finding that a discharge would be the “functional equivalent” of a discharge into navigable waters. That analysis will need to be performed on a case by case basis and, going forward, additional care in evaluating hydrological connections to navigable waters would be appropriate.

II. Nationwide Permit 12 Vacated.

On May 11, 2020, the U.S. District Court for the District of Montana in Northern Plains Resource Council, et al. v. Army Corps of Engineers upheld its decision to vacate most aspects of NWP 12 and prevent the United States Army Corps of Engineers (“Corps”) from authorizing activities under the permit, but amended the decision to allow for non-pipeline related activities to proceed under the permit. Prior to the decision, NWP 12 authorized qualifying discharges of dredged or fill materials into jurisdictional waters related to the construction, maintenance, CWA Permit

Continued on page 17

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7

Charlie Burd IOGAWV Executive Director

Clock Is Ticking!! License Plate Deadline Approaching; We’re 72 Applications Short In January 2020, the West Virginia Department of Motor Vehicles (WVDMV) granted IOGAWV and WVONGA the right to pursue a customized WV State license plate dedicated to the oil and natural gas industry.

At this same time, the WVDMV provided exacting details on how securing such a customized license plate could be achieved and provided us with the official instructions and application (found on pages 18 and 19). In addition, we were also given the deadline of July 24, 2020, to have the 250 applications submitted to the WVDMV. To date, we have 178 applications and checks. That means we need a mere 72 more applications! This should be an easy goal for such an outstanding industry!

We have a hard deadline of July 24, and if missed, the industry is locked out for two years before it can reapply for a plate.

Here is how: please complete the official application (page 19) and submit it to IOGAWV with a check for $91.50 to cover the first-year cost of the customized plate. Once IOGAWV accumulates the MINIMUM of 250 license plate applications and checks, it can then submit the applications and money to the WVDMV. It is at this point, and only at this point, the WVDMV will assign its graphic artist to our project to design the plate with our input and approval.

Having this plate is important. It identifies you, and hopefully your company, as part of the West Virginia oil and natural gas industry just as other specialty plates identify various

other industries and special interest groups.

This plate shows others the importance of the oil and natural gas industry to the State and NaCharlie Burd tion. This plate Executive Director demonstrates your dedication and commitment to showcasing our industry.

We simply cannot miss this opportunity. Please, take time now to complete and submit the application with your check to: Charlie Burd, Independent Oil and Gas Association of WV, 300 Summers St., Suite 820, Charleston, WV, 25301.

Won’t you be one of our 72 industry ambassadors?

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

8

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9

Greg Kozera Learned Leadership LLC

How Can We? Sitting in my wheelchair last December not being able to put pressure on either leg, it was difficult to visualize running again. My goal wasn’t to just to walk. It was to run again. The ultimate goal is to run a half marathon in December 2020. My surgeon said there wasn’t anything I couldn’t do eventually following the surgery. The specialist who diagnosed my problem in the hospital told me, “Don’t ever let anyone tell you that you are too old.”

In discussions with my physical therapists I made sure the question was never if I could run again. I had to make sure the question was how can I return to running. The focus moved to the actions needed to make this possible. We didn’t waste time debating or evaluating the possibility. The focus was on specific actions that would move me to my goal.

The therapists reviewed my Doctor’s evaluation and put the plan together. They supervised the therapy sessions 3 times a week. My job is to do the work during therapy and in between sessions. I always slip in a few extra reps or more time when I am on the bike. Mark, my primary physical therapist loves to make me sweat. That’s fine with me.

My strength increased. My range of motion increased. I started walking distances and got up to 2 miles.

I started running short distances during my walks in March. My daughter gave me a little more incentive when she signed me up for a virtual 5K (3.1 miles). On May 2nd, I ran my first 5K since last October. It was a slow race for me. Three weeks later I ran another 5K and finished 5 minutes faster. I am getting close to my slowest time before the injury.

There is still a lot of work to do to be able to run the Kiawah Island Half Marathon in December I am registered for.

The oil and gas industry has been through a lot with record low oil prices and continued low gas and NGL prices. Now the challenge of Covid-19 and what it is doing to the economy. I just put gasoline in my car for the first time in weeks. Like me in my wheelchair, it is difficult to look down the road and see growth and profitability again. The only reason for sharing my story is to give you hope in these challenging times.

Anything is possible. I give all the credit to my doctors, nurses, therapists, encouragement from family, friends and most important my God. I did a follow up with my surgeon recently. He asked how I was doing.

I responded, “I just ran 2.4 miles before I got here and plan to run a 5K in 2 weeks.” Doc is a great guy. He surprised me when he said, “Had you asked me in December if it would possible to run a 5K in May, I would have told you, No Way.” I smiled and said, “You do good work!” To be successful we can’t be asking ourselves, “Can we”. We need to be asking “How can we…”

When I was a Regional Manager, the CEO of our biggest customer was passionate about safety. He believed everyone should come home from work without injury. His safety target was ZERO injuries for his people AND all their contractors including my company. This was unheard of. There were over 1,500 people on his project from location builders to drillers, frac companies etc. Work was in all weather, in difficult terrain, working with chemi-

cals and high pressures. My people complained, “That’s impossible.” As leaders we asked, “If it was possible how would we start? What can we do that will create a safer work place?” The CEO was right! All his employees and ALL of his contractors including my company worked 1 Million hours without an injury! He held a huge picnic for everyone involved to celebrate the achievement.

Working accident and injury free became the norm. A safety culture was created.

Business people should not be asking, “Can my business survive?

They need to ask, “How will my business survive? What actions do I need to take now to be a survivor?” In any challenge, we can find opportunity if we look for it. My wife and I asked those questions about our business.

There are no easy answers. We didn’t waste any time asking “if we could”.

We are now working on how we will.

We can ask this same question about our careers.

Shale Crescent USA is using radio during the pandemic to get our message on the advantages of locating or expanding a business in this Region to all of the United States.

We are busy doing radio across the country from New York City to Tampa and mid- continent to California along with nationally syndicated shows. We learned, for the first time in a long time Americans have something we all agree on. Republican or Democrat, urban or rural Americans agree we need to bring manufacturing back to the USA, particularly from China. What many don’t understand yet is the need for a strong American oil and gas indusHow Can We

Continued on page 15

10

Thomas Downs WeatherBELL Analytics

Summer Forecast Update

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.

This summer, the West is expected to be very hot, especially in interior areas. The central part of the country should be cool with Canadian air masses common. Eastern zones should be wet, while it could be drier to the west.

In the summer, muggy conditions are expected along much of the East Coast, as rain should again be plentiful. The above normal temperatures there should be mainly because of warm nights, though there should be a fair share of hot days.

The Gulf Coast has been very dry, but it is expected to become wetter as the sea breeze thunderstorm season and tropical moisture become more plentiful. Expect more muggy nights there this summer.

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11

Chris Weikle IOGAWV Communications and Education Chair

IOGAWV Members Have Given Us Many Reasons to Be Proud The past weeks have been trying, but yet again, they’ve given us reasons to be proud.

Many of the West Virginians who work for our member companies have gone beyond performing their essential duties.

They have given blood. They have donated money to good causes such as food banks and other charities in need. They have volunteered in their communities. And many companies have worked to manufacture and fund the production of masks, other PPE equipment and supplies desperately needed during this unprecedented time in our generation.

IOGAWV members and their employees are proud to be a part of these efforts to help our communities, rallying to support our neighbors and each other.

Take Greylock Energy, for example. The company has donated to Better Together, supporting impacted business throughout the state. It’s donated bottled water to Hope for Appalachia, which helps hungry children not currently receiving school meals, as well as hand sanitizer and catered lunches to the West Virginia National Guard.

And Greylock’s corporate headquarter lights are now blue, honoring healthcare heroes.

At Steve’s Welding and Fabrication, several employees are volunteer firefighters. The company continues paying those employees when they have to answer emergency calls during work hours, and it’s donated to fire departments in Lewis County.

Southwestern Energy, meanwhile, has donated more than $200,000 to food pantries, including $57,000 in West Virginia. A $50,000 donation

went to the Mountaineer Food Bank.

The company also has donated to several volunteer fire departments, including Cheat Lake and Bunners Ridge.

They also donated 1,000 KN95 masks to emergency management agencies in Brooke, Ohio, Marshall, Wetzel, Marion and Monongalia Counties.

Additionally, Southwestern Energy has provided meals to “Feed the Front Line” in their operating area.

To date, they have provided 240 meals to staff at Wheeling Hospital, Reynolds Memorial Hospital and Wetzel County Hospital.

Antero Resources has donated 180 pieces of personal protective equipment to Doddridge County emergency responders, as well as face shields and hand sanitizer to front line professionals at WVU Medicine United Hospital Center and the Louis A. Johnson VA Medical Center.

Diversified Gas & Oil Corporation provided cash donations to five food banks within its states, including West Virginia.

Encova Insurance foundation has contributed more than $155,000 to various organizations dedicated to supporting our communities, including 26 food banks.

These are just a few examples, and they make up just one piece of this incredible story. West Virginians, and Americans, have had each other’s backs.

We salute the nurses, doctors, truck drivers, grocery store clerks, police officers, first-responders, bus drivers who’ve delivered food to students across the state and all essential personnel working

to keep us safe and moving forward during this challenging time.

Our industry has taken deep pride in helping keep the lights on and our homes heated throughout this crisis.

It has helped us stay connected.

It has powered the devices we use to work safely from home.

We don’t know if or when we’ll get back to a normal life and business as usual. But as we move in that direction, companies within the industry are committed to maintaining safe, clean work environments.

Those who can work from home are doing so. Those who are in the office or out in the field are taking strict precautions and following stringent protocols to ensure they return home in the same condition as when they left.

West Virginia will get through this by working together.

Stay safe. Stay the course.

Time running out!

Visit pages 18 and 19.

Don’t wait...

APPLY TODAY!

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Industry Events

Important Upcoming Events June 8-9, 2020 KOGA Annual Conference Campbell House Lexington, KY Info: www.kyoilgas.org August 12-13, 2020 NAPE Global Business Conference G.R. Brown Convention Center Houston, TX Info: www.napeexpo.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 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 18-19, 2020 IOGAWV Sports Weekend Bridgeport/WVU 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 David L. Lawrence Convention Center Pittsburgh, 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 TBA Info: www.pioga.org

November 5-6, 2020 WVONGA Fall Meeting Morgantown Waterfront Marriott Morgantown, WV Info: www.wvonga.com November 8-10, 2020 IOGCC 2020 Annual Meeting Houston, TX 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 February 17-18, 2021 IOGAWV Winter Meeting Town Center Marriott Hotel Charleston, WV Info: www.iogawv.com May 15-18, 2021 IOGCC Annual Business Meeting Skirvin Hilton Oklahoma City, OK Info: http://iogcc.ok.gov/events August 1-3, 2021 IOGAWV Summer Meeting The Greenbrier White Sulphur Springs, WV

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Sam McKown Membership Committee Chair

IOGAWV Board Approved Two New Members in May Please welcome these new members approved in May: C & L Enterprise, LLC ALL Justin Conley 78 Hutson Rd. Mineral Wells, WV 26150 Phone: (304) 482-5328 jconley.clenterprise@gmail.com

Stocking and Hayhurst, LLC PRO Richard Hayhurst PO Box 86 Parkersburg, WV 26102 914 Market Street Suite 304 Parkersburg, WV 26101 Phone: (304) 305-1030 Cell: (304) 917-8733 richard@stockinghayhurst.com stockinghayhurst.com

Build the Association and help YOUR industry...sign up a new IOGAWV member today.

Click here for details.

Hugh Byers Direct Energy

Nymex Natural Gas Futures Contract 12-Month Forward Strip Average Prices Through 5/26/2020

$3.80 $3.60 $3.40 $3.20 $3.00 $2.80 $2.60 $2.40 $2.20 $2.00

NG 12M

NG 24M

Bloomberg; CME; For Informational Purposes Only

NG 36M

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Equitrans Continued from page 3 produced by small businesses.

Although Equitrans has asked for FERC action on its application by July 31, IOGAWV will suggest that FERC defer action until Peoples WV and other interested parties have a full opportunity to evaluate the system. In April, Peoples asked the PUC for nine months to do so and FERC should allow the state process to proceed without taking steps that would favor the seller or potential buyers. Alternatively, IOGAWV will ask FERC to set the matter for hearing to enable parties to offer evidence of the impact of physical abandonment on producers, consumers served by the systems, and the West Virginia economy.

Motions to intervene in the proceeding (FERC Docket No. RP20312-000), protests, or comments are due on or before May 28, 2020. On May 19, the West Virginia Public Service Commission filed a motion for a 30 day extension of time to file comments on the proposed abandonment.

IOGAWV is interested in determining which of its members are directly affected. If you are a producer of gas connected to Equitrans’ Hastings or Waynesburg gathering systems, please contact the IOGAWV office at 304-344-9867.

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How Can We Continued from page 9 try to make that happen. They don’t know the feed stock for the petrochemicals needed for manufacturing come from oil and gas wells that require hydraulic fracturing.

People realize we are dependent on other countries for our PPE and medical equipment to protect our health care workers and citizens from Covid-19. Today 80% of our prescription medications come from outside the US, much of that from China. People across the country want high wage manufacturing jobs.

Suddenly “experts” on TV, radio and in print are saying what Shale Crescent USA has been saying for years, “We need to bring manufacturing back to the USA”. Shale Crescent USA has hard data companies can use to justify expansion to the USA. With our advanced manufacturing and our abundant economical energy, it is more profitable to manufacture here than anywhere in the world, especially for companies who want to sell products here.

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of a disaster. Manufacturing PPE for health care workers like gloves, face shields and gowns is a good best place to start and is already happening. Companies are making ventilators and hand sanitizer. We saw last week how Solvay in Belpre, Ohio is making a ventilator shield to protect healthcare workers. Businesses can look for other products made overseas that can now be made cheaper in the USA. A product like a simple toothbrush, now made in China can be made 22% cheaper in the Shale Crescent USA because of our location, low feedstock and energy cost. Supply chains can now be Regional and secure, saving companies time and money. All it takes is one unavailable overseas component to shut down an assembly line.

What opportunities are there for you and your company? Lynnda and I are now making our safety and leadership presentations virtual. Increased manufacturing in our Region means increased demand and increased prices. We have prospects working directly with the industry on creative gas sales agreements. Break out of negative problem focused thinking. Look for the opportunities.

Start to think “How can we…” Anything is possible. Believe and take action to create a bright future.

Visit pages 18 and 19 to apply for your license plate!

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Scholarships Continued from page 1 School and will be attending West Virginia University. His father, John Bober III, is employed by Eagle Manufacturing.

Riley McAllister has been named to receive the Dale Rettinger scholarship which is given annually to the student with the highest academic achievement. McAllister is graduating from Brooke County High School and will be attending West Virginia University. His father, Charlie McAllister, is employed by Eagle Manufacturing.

Benjamin Kee has been named to receive the Kenny Greenlief Scholarship, funded by Waco Oil & Gas. Kee is graduating from Herbert Hoover High School and will be attending Glenville State College. His father, Patrick Kee, is employed by Mountain State Insurance.

Madison Hosaflook has been named to receive the Rubin Scholarship funded

by Steve Rubin, which honors Dan, Sam and Stan Rubin, for their contributions to the oil and gas industry in West Virginia. Hosaflook is graduating from Liberty High School and will be attending West Virginia University. Her mother, Mandy Hosaflook, is employed by Dominion Energy.

Madison Hankins has been named to receive the Brian Fox Scholarship funded by the Fox family to recognize his life and commitment to the oil and gas industry. Hankins is graduating from Liberty High School and will be attending Marshall University.

Her mother, Stephanie Hankins, is employed by PDC Energy.

Josiah Underwood has been named to receive the inaugural ConServ “Blue Collar” Scholarship, which recognizes an outstanding student who plans to attend a vocational or trade school and seek a career in the oil and gas industry.

Underwood is graduating from Elk Valley Christian School and will be attending Bridge Valley Community and Technical College. His father, Jeff Underwood, is employed by E&H Manufacturing.

Josie Grass has received an IOGAWV scholarship.

Grass is graduating from Grafton High School and will be attending Fairmont State University. Her father, David Grass, is employed by Antero Resources.

Molly Grayson has received an IOGAWV scholarship. She is graduating from Warren Local High School and will be attending Alderson Broaddus University. Her father, Eric Grayson, is employed by HG Energy.

Robert Kelley has received an IOGAWV scholarship. He is graduating from South Harrison High School and will be attending Alderson Broaddus University. His father, Robert Kelley, is employed by Thrasher Engineering Group.

Colby Posey has received an IOGAWV scholarship. He is graduating from South Harrison High School and will be attending WVU. His mother, Kim Posey, is employed by Energy Transportation.

Morgan Turner has received an IOGAWV scholarship. She is graduating from Notre Dame High School and will be attending University of Charleston. Her mother, Michele Turner, is employed

by Antero Resources.

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Burd’s Nest Continued from page 4 horrific and the loss of only one life is too many, but in the end, all have been identified, and most all have seen vaccines developed and cures sustained. While vaccine development can take years, researchers are not starting from scratch to develop

a COVID-19 vaccine. Past research on SARS and MERS vaccines has identified potential approaches.

However, making a vaccine for something completely new like COVID-19 is much more challenging because, according to the Mayo

Clinic, the vaccine must be safe, must provide long term protection and must protect older people.

But it will happen because history has proven...we’ve been down this road before.

of NWP 12 on endangered species during the permitting process.

The Amended Order prevents the construction of any new oil and gas pipelines under NWP 12 and prohibits the Corps from authorizing any dredge or fill activities for the same. However, non-pipeline construction activities and routine maintenance, inspection, and repair activities on existing NWP 12 projects are allowed to proceed. An emergency motion has been filed by an oil and gas industry coalition asking for the Order to be put on hold until the case can be heard by

the Ninth Circuit on appeal, but it is unclear whether that motion will be successful. If the Order remains effective, it is equally unclear when a decision by the Court of Appeals will be reached. Developers of oil and gas pipelines may now have to seek individual permits from the Corps, or be forced to avoid impacts to waters of the U.S. If you have any questions or comments regarding the County of Maui decision or NWP 12, please contact Mark Clark at mclark@Spilmanlaw. com or Joseph Unger at junger@ spilmanlaw.com.

CWA Permits Continued from page 5 repair, and removal of utility lines, which included oil and gas pipelines.

The Order was the result of a suit by environmental groups challenging the Corps’ decision to reissue NWP 12 in 2017. Most of the claims related to the Corps’ verification of the Keystone XL Pipeline crossings of the Yellowstone River and the Cheyenne River. The groups claimed, and the Court agreed, that the reissuance of NWP 12 violated the Endangered Species Act, because the Corps failed to adequately consult with the U. S. Fish and Wildlife Service in evaluating the impact

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!

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License Plate Application Instructions

19

License Plate Application

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