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1310uogr_19 19 9/24/13 2:53 PM
20 Unconventional Oil & Gas Report | September/October 2013
DENVER, Colo.Technology will
transform the future of the oil and gas
industry. We believe there is a non-
trivial chance that unconventional res-
ervoirs may contain more recoverable
oil and gas than all of the conventional
reservoirs combined, said Greg Lev-
eille, general manager, unconventional
resources, ConocoPhillips.
There is an abundance of resourc-
es yet to pursue, but mankind has
consumed about 1,850 billion boe
within the last 150 years, Leveille
said. He and several other panelists
recently shared views on technologies
that may transform the future of en-
ergy resources at the Unconventional
Resource Technology Conference held
in Denver.
Currently, global consumption of
oil and gas is equal to 50 billion boe/
year. Around the turn of the century,
governments and industry were both
expressing concerns that the world
was running out of oil and natural
gas, Leveille said. Discussions began
to form around the need for alterna-
tives such wind, solar, and other non-
hydrocarbon-based sources.
According to the US Energy Infor-
mation Administration, unconven-
tional resources now represent an
endowment of 7,000 tcf of gas and
340 billion bbl of oil. Technology ad-
vances we might expect from uncon-
ventional reservoirs really have to do
with the size of the unconventional re-
source revolution in the time since the
onset of focus on these technologies,
Leveille said.
Unconventional reservoirs are
typically identified as reservoirs hav-
ing less than 0.1 md of permeability.
In regions that contain the richest
sources of conventional oil and gas re-
serves, unconventional resources have
not yet been accessed, Leveille said.
Once these are factored in, global un-
conventional resources may perhaps
rival all of the conventional sources
of oil and gas weve been pursuing for
the last 150 years.
Technological transformation
There is no shortage of innovation and
research into promising new technol-
ogy to unlock the complexity of the
unconventional reservoir system. That
was the view taken by Doug Valleau,
director, unconventional resources
technology, Hess Corp.
The main goal of technology is to
enable producers to operate better,
faster, cheaper, and safely. Valleau re-
ferred to this as the functional goal of
URTeC: TECHNOLOGY
Advanced technology rebuilds global hydrocarbon resource base
The Eagle Ford shale was widely considered noncommercial in 2006. This rig is one of more than 250 working to develop the
play, expected to become one of the largest in the US. Photo by ConocoPhillips.
1310uogr_20 20 9/24/13 2:53 PM
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technology. Another goal for technol-
ogy is to provide additional safety and
advanced environmental quality that
protects other natural resources, he
said.
Given the relatively short time since
the onset of work in unconventional
resources, technology advancement
is an encouraging endeavor. When
you think about making technologi-
cal changes, if you can change the re-
covery factor by only a small amount,
the volumes are absolutely enormous,
Leveille said.
Reservoir modeling
Driving the need for advanced tech-
nologies, unconventional reservoirs
are complex and require greater un-
derstanding of the fundamental phys-
ics of these nanopore systems, ac-
cording to Valleau. Modeling and
simulation are two areas that will
revolutionize unconventional devel-
opment. Because of the extreme het-
erogeneity of the rock strata, geologic
models require much greater detail
and a much better understanding of
the regional and local stress, he said.
Integration of geoscience and geo-
mechanics is an important step to-
ward advanced reservoir engineering.
From my perspective as a petrophysi-
cist, weve never had as much core data
to hold our feet to the fire, said Mike
Mullen, president, Stimulation Petro-
physics. Modern core data provide a
defined sense of minerology. In the
past with most conventional reservoirs,
determining whether clay was present
and not present often sufficed, Mul-
len said. Today, companies can query
how much clay is present, how the clay
may react with certain processes, and
how the clay is composed. Questions
on the true value of porosity and the ac-
tual permeability of a core sample can
be answered with certainty, which pro-
vides for better reservoir models. We
can now be more precise with our in-
terpretation, Mullen said.
Advanced reservoir data allow geo-
physicists to better present reservoir in-
formation in cases where management
teams can actually use these data to
make financial decisions. Most com-
panies have not had this ability be-
fore, Mullen said. The integration of
this data interpretation is the challenge
as many petrophysicists have created
summaries on a variety of sources that
never get passed over into other disci-
plines that could make use of them, he
added.
Its not good enough to simply pick
the right play, ConocoPhillips Leveille
said. As an example, Eagle Ford acreage
was vastly available in 2006. It could
have been just as productive as any acre-
age in the world as far as commercial
returns, or a company could have sunk
a lot of capital into the region with lit-
tle return based on flow rates, Leveille
said. It is necessary to identify the sweet
spots, and this is not always easy to do.
Within the next 5 to 10 years, ad-
vancements in reservoir modeling and
data acquisition will be important as
companies move into international re-
gions in search of unconventional re-
sources with very little data compared
to what is available in North America.
Well design
Modern unconventional resource de-
velopment requires many frac stages
to create an extensive flow network.
Frac models must now have greater
levels of complexity to represent how
we fracture into the reservoir, Val-
leau said. Because multiphase sys-
tems grow through micro-nanopore
networks in unconventional reser-
voirs, simple, planar frac models no
longer represent the full complexity
that is created by most frac jobs. Its
equally challenging to predict where
the proppant is and where it is deliv-
ered to within the fracture network,
he added.
All of these aspects will need to
be integrated into the next generation
of reservoir models to provide better
understanding of how to increase pro-
duction while also lowering cost, Val-
leau said. Effectively stimulated rock
should be capable of showing the ef-
1310uogr_21 21 9/24/13 2:53 PM
22 Unconventional Oil & Gas Report | September/October 2013
fective outcome of the fracs. We all
want to know where the frac propa-
gates, where the proppant lands, what
portion of the reservoir is producing,
and what is the effectively stimulated
volume, he added.
Hess will be presenting its re-
search on 4D microseismic at the
Society of Petroleum Engineers an-
nual meeting in October. We have
actually done this in one experiment,
and we believe we can directly image
the actual producing volume from
the fracture of propagation, Valleau
said.
Deeper understanding of funda-
mental physics involving multiphase
flow in unconventional reservoirs
is under way. Imaging of the actual
nanopore system under normal tem-
peratures and pressures is leading to
numerical models that can be used
to further predict reservoir behavior
and will help us better understand
enhanced oil production and process-
ing, Valleau said. The end result will
be confidence in predicting reservoir
performance, thereby allowing for
better identification of sweet spots.
The optimization of completion de-
sign and development plans will also
serve the industry in the years to come.
The industry spends large amounts
of time figuring out the right comple-
tion technique and proper well spacing
(laterally and vertically) for thousands
of wells in a variety of unconventional
plays, Leveille said. This will change
as we begin to understand the physical
principles involved in fracturing and
producing from nanodarcy reservoirs.
To date, a large percentage of the
wells drilled and completed draw very
little data from downhole. According
to Leveille, as the industry develops
better devices to understand what is
happening in the wellbore, this will
begin to change very rapidly.
Nanotechnology
On a global scale, nanotechnology in-
novation is paving the way for further
advancements, and nanolaminants
are being evaluated for high-strength,
low-weight, and high-heat tolerances.
Functionalized coatings of all types
will become ever more important in
unconventional development. For ex-
ample, nanoscale particulates are be-
ing added to drilling fluids to improve
flexibility in high-temperature, high-
pressure scenarios, thereby reducing
fluid loss.
Downhole sensor technology also
will see advances through the advent
of nanotech engineering. Research-
ers are working on advanced sensors
capable of being injected with the
proppant to record and then be inter-
rogated for information, Valleau said.
FRACING WITHOUT FLUID REMOVES WATER FROM UNCONVENTIONAL RESOURCE MIX
An unconventional frac job requires 5 million gal of water on
average. About 50-80% of this amount will flow back to sur-
face within the first few weeks of production. In many cases,
this flowback is being treated and reused on subsequent wells.
Where commercial disposal wells are available, produced
water is often reinjected at a lower cost than recycling. Dry
fracing, or waterless fracing, may soon take water out of the
equation for some operators.
Obtaining fresh water can be problematic in arid regions
such as in South Texas, a region prone to drought. In other
regions, such as Pennsylvanias Marcellus shale, disposing of
water through deep well injection is extremely limited. Opera-
tors typically recycle and reuse water or transport via truck to
disposal wells in Ohio.
According to a study published by World Resources Insti-
tute, nearly 47% of all unconventional wells are located in ar-
eas with high or extremely high baseline water stress. Limited
supply and risks of contamination will translate into technologi-
cal advancement within the next few years. Recycling and re-
use technology is already used in many North American plays,
but newer methods may remove water from the equation.
Closing the loop
Industry problems are often addressed through technological
solutions. Calgary-based GasFrac Energy Services Inc. devel-
oped its closed-loop stimulation process in 2008, which uses a
propane-butane gel to produce hydraulic fractures in horizontal
wells. The company has used the process in more than 2,000
completions in 758 locations in Canada and the US.
The waterless system has recently made headway in the
Eagle Ford shale of South Texas. The company has opened a
base in Floresville, Tex., and its system is improving produc-
tion for some operators. San Antonio-based BlackBrush Oil &
Gas LP has announced its success in using the technology to
avoid finding and managing access to freshwater in its Eagle
Ford operations. To date, the companies have completed 20
wells using gas in place of water with a 100% increase in initial
production.
It has to be applied to the right well, explained Eric Tu-
dor, spokesman for GasFrac. Deeper wells can be problem-
atic as gas can prove more difficult to pressurize downhole.
Using hydrocarbons to fracture these wells, which tend to
be under-saturated, is ideal, Tudor said. The clay effectively
optimizes completion as the gas does not react with clay.
Effective frac lengths turn out to be longer than those created
with water. Ultimately, this enables higher initial and long-
term production.
The LPG gel properties include low surface tension, low
viscosity, and low density, along with solubility within naturally
occurring reservoir hydrocarbons. The system also has the
ability to evenly distribute proppant with the gelled slurry dur-
ing pumping, which decreases the chance of proppant settling
within the formation. The gel regains permeability with the
stimulated hydrocarbons, allowing 100% recovery within the
early phase of production.
One risk associated with the process is the use of flam-
mable natural gas. The system is completely closed-loop,
Tudor said, adding, The industry is well-versed in handling
flammable liquids safely.
Using flammable material in hydraulic fracturing has raised
some skepticism. Unrelated to this system, Houston-based
eCORP Stimulation Technologies LLC reported in April that
it plans to develop a system to render liquid propane as a
nonflammable stimulation fluid. Should the system work, it
could dramatically widen the application of waterless fracing
throughout North America.
Technology expansion
From an atmospheric standpoint, propane, butane, and
pentane are not greenhouse gases. With relatively short at-
mospheric lifetimes, there are no essential concerns drawn
from fracing with gas as opposed to water.
Geographically, South Texas is well-suited for the out-
growth of waterless fracing. Propane used for the process
is supplied from Corpus Christi, Tex., on the Gulf Coast.
For the Eagle Ford shale, this ample supply of gas ensures
seamless activity with no real pressure on demand. While
the companys Eagle Ford operations are well supplied,
moving to liquids from the field is most likely a natural
evolution for the process. With a big enough project, using
liquids-rich gas may become feasible in time, Tudor said.
Onsite recycling of natural gas is a next step as the tech-
nology is advanced.
In 2012, fewer than
5% of wells stimulated in
the US used fluids other
than water. As recycling
technology advances, and
waterless fracing continues
to spread, more water may
be left at its source in the
coming years. While water
can be considered an am-
pleyet finiteresource,
the landscape for its open
use is continually evolving,
particularly where uncon-
ventional development is
concerned. According to
Tudor, Freshwater may
not be used in the same
way 10 years from now.
And water management
may not be an issue for
unconventional resource
developers within the next
decade.
GasFrac first deployed its system in 2008. This was the companys first dual crew project
completed on the Cardium and Falher formations in the Edson, Alta., Canada area.
1310uogr_22 22 9/24/13 2:53 PM
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Other innovations on the horizon in-
clude nanothermite, which is an ex-
plosive proppant (or popcorn prop-
pant) that may have potential benefits
in some applications.
A new class of surfactants utiliz-
ing nanomaterials has the potential to
alter surface properties that could be
pumped with the primary completion
job and possibly improve recovery from
day one.
Filtration is another area where re-
search is showing some improvements
to technology. There are commercial
filtration technologies that can re-
move contaminants and provide oil/
water separation. On the horizon op-
erators will be using these techniques
in a downhole application by remov-
ing CO
2
and H
2
S before these can
reach the surface, Valleau said.
Environmental stewardship
Flare gas and water use are two of
the biggest topics drawing criticism
for unconventional resource develop-
ment. Mitigating or eliminating the
industrys footprint with these two is-
sues may go far in easing some of the
skepticism faced by the industry.
Flare gas is on everyones mind,
Valleau said. The question of reduc-
tion, use, and selling flare gas is cur-
rently being addressed through tech-
nology research and development
and will see continued improvement
throughout the next few years.
Opportunities for gas reinjection
are already in use but are not always
practical. Pipeline infrastructure
development takes time, and it can
be costly to take the risk of install-
ing upfront prior to having a good
understanding of the materiality of a
specific shale play, Valleau said.
Onsite use of f lare gas is possibly
one of the more interesting trends
now manifesting in unconventional
development. Hess is now converting
its rig f leet in the Bakken to natural
gas power, which is providing a sav-
ings of nearly $30,000/well.
Water management also will contin-
ue to be an issue as newer technology
brings more and more unconventional
reservoirs into commercial reach. Sev-
eral technologies are developing that
have the potential to drastically reduce
the amount of fresh water used to de-
velop unconventional reservoirs.
In the order of nonacqueous
stimulation, waterless fracing might
seem new, but CO
2
and alcohol foams
have been used for many years, Val-
leau said. In the mid-2000s patents
were granted for propane stimula-
tion. There are some concerns from
an environmental standpoint on using
a flammable gas as a medium for hy-
draulic fracturing, but the process has
been carried out safely in several areas
within the last few years.
New technologies are emerging that
are suggesting that improvements can
be made to the propane by rendering
it inflammable, Valleau said. If this
technology proves out, it could revolu-
tionize our water use in the industry.
Water management technology will
continue to minimize freshwater use,
improve profitability, and increase the
industrys water stewardship. Drill-
ing and completions and enhanced oil
recovery consume large amounts of
water in the US. Much of this water
comes from ground and surface water
resources. Trucking produced water
to disposal sites adds stress to road-
ways, and the process of wastewater
injection has come into focus in recent
years for its association with new seis-
micity, Valleau said.
The rise in water use in unconven-
tional development has increased the
need to treat and reuse flowback water,
which has led to many new technolo-
gies. Molecular filtration is costly, but as
well may soon become more economic,
Valleau said.
Im confident that within three to
five years we will have engineered an
economic solution to the industrys wa-
ter issues. Leveille added, There will
1310uogr_23 23 9/24/13 2:53 PM
24 Unconventional Oil & Gas Report | September/October 2013
NETL: CLEANING FLOWBACK WATER FOR REUSE YIELDS MULTIPLE BENEFITS
come a day when the industry will not
need potable water for fracturing opera-
tions.
With modern and continuing ad-
vances in treating produced water and
saline brines, it is possible that the fu-
ture of unconventional development
could be carried in a waterless fashion.
Integrative methods
The industry is founded on expertise, and
it will take the integration of advanced
technology to move it forward into a bet-
ter view from its various stakeholders.
The unconventional resource boom
is the biggest energy success story thus
far in the 21st century. Conversations
about peak oil are rarely heard. Be-
cause it is now such a large endowment,
natural gas is no longer referred to as
a bridge fuel to alternative energies
such as wind and solar. Whats hap-
pened with hydrocarbons is amazing,
Leveille said. Unconventional resource
technology has basically replaced all of
the hydrocarbons consumed since the
dawn of the industry more than 150
years ago. As technology continues to
advance, reservoirs that are considered
noncommercial today may be commer-
cial opportunities in the future.
Editors note: Comments were presented
at the first annual Unconventional Re-
sources Technology Conference (URTeC), a
joint effort among SPE, SEG, and AAPG,
held in Denver, Aug. 12-14, 2013.
Eric Smistad
Technology Manager, Unconventional
Resources, National Energy Technology
Laboratory, US Department of Energy
The contribution to the US energy sup-
ply from unconventional natural gas
sources, such as shale, is increasing
dramatically due in large part to ad-
vanced hydraulic fracturing. To release
natural gas from a shale deposit, 3 to 5
million gal of water plus hydraulic frac-
turing additives and proppants (sand)
are pumped under high pressure down
a shale gas well.
Often, this water is trucked in from
remote locations. About 20-80% of
this water returns to the surface as frac
flowback water. Much of the flowback
and produced water, or frac water, has
a high total dissolved solids (TDS) level
(>50,000 ppm). Although frac water is
increasingly being reused in subsequent
frac jobs, much of the frac water is still
disposed of by deep well injection.
A significant problem in the Marcellus
shale play is that the number and capac-
ity of nearby injection sites is severely
limited. For example, since Pennsylvania
has only seven class II injection wells,
frac water is trucked into Ohio for dispos-
al. In other plays, such as the Barnett,
water availability for frac operations is
limited. In addition, recent studies have
shown that within a typical county-sized
shale gas development area, the supply
of frac water eventually exceeds the
demand for source water for subsequent
hydrofracturing operations.
Cleaning options
To avoid both supply and disposal
limitations, and thus to enable further
shale gas development, an economical
process to recover frac water as clean
water and salt is required. A research
project being undertaken by GE Global
Research (GEGR), with funding from
NETL, is examining ways to pretreat frac
water for thermal recovery of clean water
and a salable salt product.
Frac water recovery by thermal
evaporation is commercially practiced in
a growing number of shale gas applica-
tions. To avoid scaling on heat transfer
surfaces and to enable reliable evapora-
tor operation, incoming frac water must
be pretreated to remove scale-causing
ions such as iron and manganese as
well as suspended solids and dissolved
organics.
Current pretreatment methods
typically use flocculation, mechanical
separation (e.g., inclined plate clarifier),
and filtration (e.g., filter press). Current
evaporation processes yield a distilled
water product and a brine concentrate,
which is typically disposed of by deep
well injection.
This project is focused on identifying
economical pretreatment techniques to
recover additional water and a salable
salt (NaCl) product from high-TDS frac
waters. The objective is to pretreat frac
water to remove hardness, including
barium and radium. Barium removal will
enable the salt product to meet toxic-
ity characteristic leaching procedure
(TCLP) specifications. Radium is a key
naturally occurring radioactive material
(NORM). Radium removal will enable
the salt product to be safely used, for
example, as a road deicer, and will mini-
mize worker radiation exposure.
Three pretreatment approaches for
frac water softening were considered:
chemical treatment, adsorption/ion
exchange, and nanofiltration. Chemical
treatment in the form of lime softening
and optional sulfate precipitation for
barium removal is practiced for soften-
ing chlor-alkali brine. Calcium hydroxide
(lime) and/or caustic soda are added
to precipitate scale-forming species.
Lime softening may be conducted in
a clarifier and generates a precipitate
(lime sludge), which is filter pressed and
may be either land filled or calcined to
recover the lime.
Evaluation of the relative merits of the
proposed pretreatment technologies for
water and salt recovery first required a
clear definition of the range of frac water
feed composition to be treated. This
project focused on the Marcellus shale,
but included frac water sample charac-
terization from the Marcellus, Barnett,
and Woodford shales.
In addition, target purity specifica-
tions were established for pretreated
frac water to ensure economic opera-
tion of the thermal equipment. Process
material and energy balances were
conducted for each process option to
generate preliminary cost estimates.
Each process option was evaluated with
respect to performance and cost, and
consideration was given to the adaptabil-
ity of each process to mobile operation.
Research results
Work on this project began in August
2009. To date, GEGR has characterized
frac water samples from seven Mar-
cellus shale wells (Pennsylvania), two
Woodford shale wells (Oklahoma), and
three frac water disposal facilities in the
Barnett. The samples were measured
for chemical composition, including
NORMS.
The research has identified frac
water composition and flow rate design
ranges for fixed and mobile treatment
systems.
Ion exchange has been ruled out as
a softening technique to remove high
hardness levels (e.g. >5,000 ppm)
based on cost and calculated volumes
of regeneration chemicals and rinse
water. Nanofiltration also has been ruled
out as a softening technique to remove
high hardness levels based on the high
volume of waste concentrate produced.
GEGR has developed an Aspen/OLI
model for chemical treatment of frac
water for hardness removal, calculated
material balances and costs for lime and
sulfate precipitation frac water pretreat-
ment (softening) processes, and sum-
marized NORM composition data from
13 New York Marcellus gas wells (from
NYSDEC SDGEIS report).
Studies have demonstrated the im-
portance of removing NORM from frac
water for applications involving recovery
of a salt product. Processes such as
calculating material balance for sulfate
precipitation pretreatment of frac water
were undertaken. Research has clearly
defined levels of frac water 226Ra
concentration for a given frac water
barium concentration that would result
in BaSO4-RaSO4 precipitate that is ac-
ceptable for RCRA-D landfill disposal.
A paper was presented on this topic at
2010 International Water Conference.
Part of the process also served to de-
velop scintillation counting methods and
a gamma spectrometry method to mea-
sure NORM in both raw frac water and
frac water that had been pretreated for
NORM removal. Lab experiments were
conducted that demonstrated adsorp-
tion/ion exchange and chemical treat-
ment processes for NORM removal from
frac water. Technologically enhanced
NORM (TENORM) disposal options and
costs have been identified.
In the lab, researchers assembled
an apparatus to simulate thermal brine
concentrator and crystallizer (for thermal
water and NaCl recovery). As a result,
preliminary tests were conducted to
characterize scaling during thermal
frac water concentration. This project
initially targeted frac water softening as a
pretreatment technique to enable higher
water recovery and recovery of a salable
salt product by thermal evaporation and
crystallization. Preliminary investigation
showed that NORM is rather prevalent
in frac water, particularly in the Marcel-
lus, and that NORM removal from frac
water is an important step in recovering
a salable salt product from NORM-con-
taining frac water. It was demonstrated
on the lab scale that both adsorption/
ion exchange and chemical treatment
are effective methods for NORM removal
from frac water. GEGR conducted ex-
perimental and computational studies
of the effectiveness and economics of
each technique for a range of frac water
composition.
Potential impacts
While direct frac water reuse (as source
water in subsequent hydrofracturing
operations after minimal pretreatment)
is an effective method for frac water
disposal, frac water recovery to generate
clean water and a salable salt product is
essential to long-term shale gas develop-
ment.
Effective recovery and reuse of frac
water may benefit the environment by
greatly reducing the net consumption
of fresh water. In addition, truck traffic,
noise, and dust pollution could be sig-
nificantly reduced in some areas. Finally,
decreasing the amount of frac water
currently being re-injected into disposal
wells could alleviate the possible risks
of long term contamination of the water
supply.
1310uogr_24 24 9/24/13 2:53 PM
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26 Unconventional Oil & Gas Report | September/October 2013
quantities and the absence of a duty on
behalf of the defendants to develop all
potentially economic strata, the court
chose not to terminate the defendants
lease.
Stephen Boone is an
associate in Bracewell &
Giulianis Houston office.
He represents develop-
ers, exploration and
production companies,
private equity funds,
purchasers, sellers,
borrowers and lenders in upstream and
midstream oil and gas transactions.
Bryan Loocke is a part-
ner in the firms Houston
office. He represents in-
ternational and domestic
clients in the oil and gas
sector with a particular
focus on joint venture
transactions, unconven-
tional and shale oil and gas transactions,
and Gulf of Mexico transactions.
Stephen Boone
Bryan Loocke
Bracewell & Giuliani
On June 21, the Superior Court of Penn-
sylvania held that a lessee does not owe
a duty to a lessor to develop each and
every economically exploitable strata
under an oil and gas lease.
In early 2012, plaintiffs Terry L.
and Carol A. Caldwell sued Kriebel Re-
sources Co., Range Resources Appala-
chia LLC, and others regarding an oil
and gas lease executed on Jan. 19, 2001.
The lease provided for a primary term
of 24 months with drilling requrements
and extended terms on production.
A number of shallow wells were
drilled, which the defendents claimed
were suitable to hold the lease terms.
The plaintiffs suit, filed in 2012, al-
leged that the defendents breached the
implied duty to develop the property by
not drilling deeper wells to exploit the
valuable Marcellus shale and, based on
such potential unexploited value, the
current production did not amount to
production in paying quantities.
The trial court sustained certain pre-
liminary objections raised by the defen-
dants which resulted in a dismissal of
plaintiffs claims. In Terry L. Caldwell
et al. v. Kriebel Resources Co. et al.
(1305 WDA 2012), the Court affirmed
the trial courts dismissal of the case.
Regarding the duty to develop,
plaintiffs argued that without direct
Pennsylvania case law on point, the
Court should follow a Louisiana case,
Goodrich v. Exxon Co., 608 So.2d
1019 (La. App. 1992), which held that
Exxons duty to develop as a reason-
ably prudent operator included the
obligation to develop valuable oil-pro-
ducing sands underlying the leased
premises. Based on this rationale,
plaintiffs alleged that there is an im-
plied duty to develop all strata, not
simply to extract shallow gas... The
court rejected the application of the
Goodrich rationale and held that the
MARCELLUS
No implied duty to develop particular strata in Pennsylvania
specific terms of the lease controlled.
According to the ruling, production
from various shallow wells was suffi-
cient to hold the entirety of the leased
estate. Because the lease provided for
the continued validity of the lease upon
production of gas and allows for the
guarantee of delay rentals if no gas is
produced, the court found that it was
not compelled to follow Louisiana
law.
The court also rejected the plaintiffs
claim that the concept of paying quan-
tities should be based on all poten-
tial gas strata underlying the lease and
should impose an obligation relating to
good faith. The court quickly dismissed
this claim and made clear that paying
quantities in Pennsylvania merely re-
quires the well to consistently pay a
profit, however small. It is of no legal
effect that the extent of the profit pro-
duced from these shallow wells is not
to the extent appellants desire. Due
to the continued production in paying
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